Casino and Liquor Legislation Amendment Act 2022 (Vic)

Casino and Liquor Legislation Amendment Act 2022

No. 26 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendment of Casino Control Act 1991

3Definitions

4What is intoxication?

5Disciplinary action

6New Division 2A of Part 3 inserted

7Definitions for Division 4 of Part 3

8New section 107 inserted

9New section 108 inserted

10Object of the Commission

Part 3—Amendment of Gambling Regulation Act 2003

11Definitions

12What is intoxication?

13Definitions for Division 6 of Part 1 of Chapter 10

14General duty of confidentiality

15Other permitted disclosures

16Modifications of Tasmanian Act

Part 4—Amendment of Liquor Control Reform Act 1998

17Definitions

18Objection on ground of amenity

19Evidentiary matters

20Division 4 of Part 8B repealed

21Decisions on internal review

22New Parts 9A and 9B inserted

23References to inspectors

24Savings and transitional provisions

25New Schedule 8 inserted

26Statute law revision

Part 5—Amendment of Victorian Gambling and Casino Control Commission Act 2011

27Purposes

28Definitions

29Words and expressions used in this Act, gambling legislation and liquor legislation

30Decision-making guidelines

31New section 5A inserted

32Establishment, functions and powers

33New section 8A inserted

34Functions of the Commission

35Powers of the Commission

36Section 12 substituted

37Appointment of commissioners

38Protection from liability

39Identity cards

40Basic requirement

41Meetings and inquiries generally

42Are Commission meetings and inquiries open to the public?

43Staff

44Delegation

45General power of investigation

46Inquiries by Commission

47Conduct of inquiry

48Community interest inquiries

49Part 4 heading amended

50Appointment

51Criminal records check

52Functions of gambling and liquor inspectors

53Identity cards

54Former inspectors

55New Part 7 inserted

Part 6—Consequential amendment of other Acts

56Food Act 1984

57Ombudsman Act 1973

58Racing Act 1958

59Spent Convictions Act 2021

60Summary Offences Act 1966

61Taxation Administration Act 1997

62Tobacco Act 1987

Part 7—Repeal of this Act

63Repeal of this Act

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Endnotes

1      General information

Casino and Liquor Legislation Amendment Act 2022

No. 26 of 2022

[Assented to 28 June 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to amend the Casino Control Act 1991, the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Victorian Gambling and Casino Control Commission Act 2011 and other Acts—

(a)in relation to casino regulation; and

(b)to provide further for the Victorian Gambling and Casino Control Commission; and

(c)to establish the Victorian Liquor 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 12 May 2023, it comes into operation on that day.

Part 2—Amendment of Casino Control Act 1991

3Definitions

(1)Insert the following definitions in section 3(1) of the Casino Control Act 1991—

"illicit drug means a drug the possession of which is a contravention of the law;

loan sharking means the offering of a loan or any other credit in connection with any gaming or betting in a casino, other than—

(a)by the casino operator under section 68; or

(b)by an ADI;

money laundering has the same meaning as in section 5 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;

officer has the meaning given in section 9 of the Corporations Act;

reportable conduct means—

(a)loan sharking; or

(b)money laundering; or

(c)the sale or supply of illicit drugs; or

(d)any other prescribed conduct;".

(2)In section 3(1) of the Casino Control Act 1991, the definition of police officer is repealed.

4What is intoxication?

In the note at the foot of section 3A of the Casino Control Act 1991, for "Commission" substitute "Victorian Liquor Commission".

5Disciplinary action

(1)In section 20(1) of the Casino Control Act 1991, in the definition of grounds for disciplinary action—

(a)in paragraphs (d) and (da), before "the casino operator" insert "that";

(b)after paragraph (da) insert—

"(dab)that the casino operator has breached an undertaking given under section 35A;".

(2)In section 20(1) of the Casino Control Act 1991, in the definition of grounds for disciplinary action, for paragraph (db) substitute—

"(db)that the casino operator has breached the casino operator's Responsible Gambling Code of Conduct;".

6New Division 2A of Part 3 inserted

After Division 2 of Part 3 of the Casino Control Act 1991 insert—

"Division 2A—Undertakings

35AUndertakings

(1)The Commission may accept a written undertaking given by a casino operator in connection with—

(a)a matter relating to a contravention or potential contravention of this Act or the Gambling Regulation Act 2003 by—

(i)the casino operator; or

(ii)a person in charge of the casino; or

(iii)an officer or agent of the casino operator; or

(iv)a casino employee of the casino operator; or

(b)any other matter in relation to which the Commission has a power or function under this Act or the Gambling Regulation Act 2003.

(2)An undertaking accepted by the Commission under subsection (1) must be in writing and signed by the Commission and the casino operator.

(3)A casino operator may withdraw or vary an undertaking at any time, if the casino operator has first obtained the consent of the Commission.

(4)While an undertaking is in force in connection with a matter relating to a contravention or potential contravention of this Act or the Gambling Regulation Act 2003, the Commission must not take disciplinary or other action under this Act or the Gambling Regulation Act 2003 in relation to the contravention or potential contravention.

(5)Subsection (4) does not limit the power of the Commission to take disciplinary action under section 20, or apply to a court under section 35B, for breach of the undertaking.

35BBreach of undertaking

(1)The Commission may apply to a court of competent jurisdiction for an order under subsection (2) if the Commission considers that a casino operator has breached an undertaking.

(2)If the court is satisfied that the casino operator has breached an undertaking, the court may make any of the following orders—

(a)an order directing the person to comply with the undertaking;

(b)an order that the person take any specified action for the purpose of complying with the undertaking;

(c)an order revoking the undertaking;

(d)any other order that the court considers appropriate in the circumstances.

Note

Breach of an undertaking is also a ground for disciplinary action—see section 20(1) definition of grounds for disciplinary action, paragraph (dab).".

7Definitions for Division 4 of Part 3

In section 36A of the Casino Control Act 1991—

(a)in the definition of director, for "Act;" substitute "Act.";

(b)the definition of officer is repealed.

8New section 107 inserted

After section 106 of the Casino Control Act 1991 insert—

"107 Mandatory reporting of reportable conduct

(1)An inspector must report as soon as practicable to the Commission any conduct in a casino that the inspector—

(a)observes while performing a function under section 106; and

(b)suspects on reasonable grounds is or involves reportable conduct.

(2)If, following a report under subsection (1), the Commission believes on reasonable grounds that reportable conduct has or is likely to have occurred, the Commission must refer the conduct to one or more of the following—

(a)Victoria Police;

(b)the Australian Federal Police;

(c)the Australian Transaction Reports and Analysis Centre (AUSTRAC);

(d)another entity that the Commission considers is or may be responsible for investigating the conduct.".

9New section 108 inserted

At the end of Part 7 of the Casino Control Act 1991 insert—

"108   Access to security and surveillance facilities, books and records

(1)Subject to subsection (2), an inspector may, by notice in writing, require a casino operator or an officer, employee or agent of a casino operator to allow the inspector to—

(a)access and operate the security and surveillance facilities for the casino referred to in section 122(1)(r); and

(b)access, inspect and take copies of or extracts from the books and records of the casino operator.

(2)An inspector may exercise a power under this section only—

(a)while performing another function under this Act or the Gambling Regulation Act 2003; and

(b)if the inspector suspects on reasonable grounds that reportable conduct is occurring or has occurred; and

(c)the inspector has the prior written approval of the Commission to exercise the power.

(3)When giving a notice under subsection (1), an inspector must provide evidence of the approval referred to in subsection (2)(c) to the person to whom the notice is given.

(4)A person to whom a notice is given under subsection (1) must comply with the notice.

Penalty:120 penalty units.

(5)A casino operator or an officer, employee or agent of a casino operator must give all assistance requested by an inspector that is necessary to enable the inspector to do anything referred to in subsection (1)(a) or (b).

Penalty:120 penalty units.

(6)This section does not limit any power of an inspector under section 10.5.9 of the Gambling Regulation Act 2003.

(7)A function of the Commission under this section may be performed by any commissioner.".

10Object of the Commission

Section 140 of the Casino Control Act 1991 is repealed.

Part 3—Amendment of Gambling Regulation Act 2003

11Definitions

In section 1.3(1) of the Gambling Regulation Act 2003—

(a)in the definition of inspector, for "liquor" substitute "casino";

(b)the definition of police officer is repealed.

12What is intoxication?

In the note at the foot of section 1.3A of the Gambling Regulation Act 2003, for "Commission" substitute "Victorian Liquor Commission".

13Definitions 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 (a) insert—

"(ab)the chief executive officer of the Commission;".

14General duty of confidentiality

Section 10.1.30(2)(a)(ii) and (c)(ii) of the Gambling Regulation Act 2003 are repealed.

15Other permitted disclosures

After section 10.1.32(1)(ca) of the Gambling Regulation Act 2003 insert—

"(cb)to the Victorian Liquor Commission established under Part 9A of the Liquor Control Reform Act 1998 for the purpose of performing its functions under that Act; or".

16Modifications of Tasmanian Act

For clause (2)(m) of Schedule 2 to the Gambling Regulation Act 2003 substitute—

'(m)in the definition of Victorian Commission, for "Victorian Commission for Gambling Regulation" there were substituted "Victorian Gambling and Casino Control Commission";'.

Part 4—Amendment of Liquor Control Reform Act 1998

17Definitions

In section 3(1) of the Liquor Control Reform Act 1998—

(a)insert the following definitions—

"community interest inquiry means an inquiry referred to in section 172ZH;

liquor inspector means a person appointed as a liquor inspector under section 172ZA;";

(b)in the definition of authorised person, in paragraph (b) omit "gambling and";

(c)for the definition of Commission substitute—

"Commission means the Victorian Liquor Commission established by section 172B;";

(d)for the definition of commissioner substitute—

"commissioner means a member of the Commission appointed under Division 2 of Part 9A;";

(e)the definitions of gambling and liquor inspector, inquiry and police officer are repealed;

(f)in the definition of Secretary, after "Justice" insert "and Community Safety".

18Objection on ground of amenity

(1)Insert the following heading to section 38 of the Liquor Control Reform Act 1998—

"Objection on ground of amenity or harm".

(2)In section 38(1A) of the Liquor Control Reform Act 1998, for "the misuse or abuse of alcohol" substitute "harm".

19Evidentiary matters

In section 96C(b) of the Liquor Control Reform Act 1998, for "Victorian Commission for Gambling and Liquor Regulation Act 2011" substitute "Victorian Gambling and Casino Control Commission Act 2011".

20Division 4 of Part 8B repealed

Division 4 of Part 8B of the Liquor Control Reform Act 1998 is repealed.

21Decisions on internal review

The note at the foot of section 157(1) of the Liquor Control Reform Act 1998 is repealed.

22New Parts 9A and 9B inserted

After Part 9 of the Liquor Control Reform Act 1998 insert—

"Part 9A—Victorian Liquor Commission

Division 1—Establishment, functions and powers

172BEstablishment of Commission

(1)The Victorian Liquor Commission is established.

(2)The Commission—

(a)is a body corporate with perpetual succession; and

(b)has a common seal; and

(c)may acquire, hold and dispose of real and personal property; and

(d)may do and suffer all acts and things that a body corporate may by law do or suffer.

(3)The common seal of the Commission—

(a)must be kept in such custody as the Commission directs; and

(b)must not be used except as authorised by the Commission.

(4)All courts must take judicial notice of the seal of the Commission affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

172CCommission represents the Crown

In performing its functions and exercising its powers, the Commission represents the Crown.

172DFunctions of Commission

(1)The functions of the Commission are—

(a)to perform the regulatory, investigative and disciplinary functions conferred on the Commission by or under this Act and the regulations; and

(b)to undertake licensing, approval, authorisation and registration activities under this Act and the regulations; and

(c)to promote and monitor compliance with this Act and the regulations; and

(d)to detect and respond to contraventions of this Act and the regulations; and

(e)to advise the Minister in relation to the Commission's functions under this Act and the regulations; and

(f)to advise the Minister on the operation of this Act and the regulations; and

(g)to ensure that Government policy in relation to liquor is implemented; and

(h)to inform and educate the public about the Commission's regulatory practices and requirements.

(2)The Commission also has the function of informing itself, in the manner it sees fit, as to its functions and the operation of this Act.

(3)The Commission, when performing functions or duties or exercising powers, must have regard to the objects of this Act.

172EPowers of Commission

Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

Division 2—Membership of Commission

172FConstitution of Commission

(1)The Commission consists of the following members—

(a)a commissioner appointed as Chairperson;

(b)one or more commissioners (other than the Chairperson) appointed as Deputy Chairpersons;

(c)as many additional and sessional commissioners as the Minister considers necessary to enable the Commission to perform its functions.

Note

Commissioners are appointed by the Governor in Council on the recommendation of the Minister—see sections 172H to 172K.

(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a commissioner in respect of the office of commissioner.

(3)For the purposes of the Public Administration Act 2004, the Commission is the Commission as constituted under subsection (1), other than sessional commissioners.

172GEligibility for appointment

(1)When recommending persons for appointment as commissioners, the Minister must ensure as far as is practicable that collectively the commissioners have the following—

(a)health sector experience, including experience in public health or psychology;

(b)regulatory experience;

(c)public policy experience;

(d)at least 5 years' practice as an Australian legal practitioner;

(e)any other qualifications, experience or expertise that the Minister considers relevant.

(2)Despite subsection (1), a person is not eligible to be appointed as a commissioner if the person has, at any time in the previous 2 years, been the subject of a disqualification determination under section 93D.

172HChairperson

(1)The Governor in Council, on the recommendation of the Minister, may appoint an eligible person as Chairperson.

(2)The appointment may be on a full-time or part-time basis, on the terms and conditions determined by the Governor in Council.

172IDeputy Chairperson

(1)The Governor in Council, on the recommendation of the Minister, may appoint one or more eligible persons as Deputy Chairpersons.

(2)The appointment may be on a full-time or part-time basis, on the terms and conditions determined by the Governor in Council.

172JAdditional commissioners

(1)The Governor in Council, on the recommendation of the Minister, may appoint eligible persons as additional commissioners.

(2)The appointment may be on a full-time or part-time basis, on the terms and conditions determined by the Governor in Council.

172KSessional commissioners

(1)The Governor in Council, on the recommendation of the Minister, may appoint eligible persons as sessional commissioners.

(2)The appointment of a sessional commissioner is to be on a part-time or daily basis, on the terms and conditions determined by the Governor in Council.

(3)A sessional commissioner may be appointed—

(a)for a specific period; or

(b)for a specific matter.

(4)If the instrument of appointment of a sessional commissioner specifies that the commissioner is appointed for the purposes of a specific matter, the commissioner—

(a)must be allocated to that matter; and

(b)may perform the functions of a commissioner only in relation to that matter.

(5)If a sessional commissioner is appointed for a specified period without a specified purpose as set out in subsection (3)—

(a)the Chairperson may allocate the sessional commissioner to a matter as the Chairperson sees fit; and

(b)the sessional commissioner may perform the functions of a commissioner in relation to that matter.

172LTerm of appointment and remuneration

(1)A commissioner—

(a)holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and

(b)is eligible for re-appointment for a further term or terms.

(2)A commissioner is entitled to the remuneration specified in the instrument of appointment.

172MActing appointments

(1)The Minister may appoint a person to act in the office of commissioner (other than as a sessional commissioner), for a period not exceeding 6 months—

(a)if a commissioner is absent or, for any other reason, is unable to perform the duties of office; or

(b)during a vacancy in the office of commissioner; or

(c)if the Minister considers that an appointment under this section is necessary to assist the Commission in the performance of its functions.

(2)An acting commissioner is eligible for re‑appointment for a further term or terms.

(3)The Minister may—

(a)determine the terms and conditions of appointment of an acting commissioner; and

(b)terminate the appointment at any time.

(4)While acting in a commissioner's place, the acting commissioner—

(a)has and may perform all the functions of the commissioner; and

(b)is entitled to be paid the remuneration to which the commissioner would have been entitled.

(5)The Minister may appoint a commissioner to act in the office of Chairperson if the Chairperson is absent or, for any other reason, is unable to perform the duties of office.

(6)While acting in the Chairperson's place, the acting Chairperson—

(a)has and may perform all the functions of the Chairperson; and

(b)is entitled to be paid the remuneration to which the Chairperson would have been entitled.

(7)A person appointed under this section may resign from that acting appointment by notice in writing delivered to the Minister.

172NVacancies and resignation

(1)A commissioner's office becomes vacant if the commissioner—

(a)becomes bankrupt; or

(b)is convicted in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or

(c)is removed from office under subsection (2); or

(d)resigns by notice in writing delivered to the Governor in Council.

(2)The Governor in Council, on the recommendation of the Minister, may remove a commissioner from office if the commissioner—

(a)has refused, neglected, or failed to carry out the functions or duties of office; or

(b)has engaged in misconduct in carrying out the functions, powers or duties of office.

(3)If a commissioner is removed from office under subsection (2), the Minister must cause to be laid before each House of Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal.

172OValidity of decisions

A decision of the Commission is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of a commissioner or acting commissioner.

172PDisclosure of interests

(1)If a commissioner (other than the Chairperson) has an interest in a matter being considered, or about to be considered, by the Commission, the commissioner must, as soon as practicable after the relevant facts come to the commissioner's knowledge, disclose the nature of the interest to the Chairperson.

(2)If the Chairperson has an interest in a matter being considered, or about to be considered, by the Commission, the Chairperson must, as soon as practicable after the relevant facts come to the Chairperson's knowledge, disclose the nature of the interest to the Minister.

(3)The Commission must make guidelines specifying the types of interests that a commissioner must disclose for the purposes of this section.

(4)The Commission must cause guidelines made under this section to be published on the Commission's Internet site.

172QProtection from liability

(1)A commissioner, or a delegate of the Commission or of a commissioner, is not personally liable for anything done or omitted to be done in good faith—

(a)in the exercise of a power or the performance of a function under this Act or the regulations; or

(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act or the regulations.

(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to a commissioner or delegate attaches instead to the Commission.

172RIdentity cards

(1)A commissioner (other than the Chairperson) is not authorised to perform the functions of an authorised person under this Act unless the commissioner is in possession of an identity card in the form approved by the Chairperson.

(2)The Chairperson is not authorised to perform the functions of an authorised person under this Act unless the Chairperson is in possession of an identity card in the form approved by the Commission.

(3)The identity card must bear a photograph and the name and signature of the commissioner.

(4)In the course of performing a function as an authorised person, a commissioner must, if requested to do so by a person affected by the performance of that function, produce the commissioner's identity card for inspection by the person, unless to do so would defeat the purpose for which the function is to be performed.

Division 3—Staffing and delegation

172SStaffing the Commission

(1)Any employees that are necessary for the purposes of performing the functions of the Commission under this Act, the regulations and any other Act may be employed by the Secretary under Part 3 of the Public Administration Act 2004.

(2)The Commission 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 Commission may, by instrument, nominate a person by name to assist or advise the Commission in the performance of functions under this Act, the regulations or any other Act.

(4)A nomination under subsection (3) must specify the functions in relation to which the nominated person is to assist or advise the Commission.

(5)A nomination under subsection (3) remains in force for the period determined by the Commission and may be extended from time to time by the Commission.

172TDelegation

(1)The Commission, by instrument, may delegate any power or function of the Commission under this Act or the regulations, other than a function specified in subsection (2), to—

(a)a commissioner; or

(b)a person employed under Part 3 of the Public Administration Act 2004.

(2)The following functions of the Commission are not delegable under subsection (1)—

(a)a late hour entry declaration for an area or locality under section 58B;

(b)a function under Divisions 1 and 2 of Part 6 (other than the giving of a specified notice);

(c)internal reviews under Division 2 of Part 9 (other than the giving of a notification under section 154).

(3)Despite sub section (2), the Commission, by instrument, may delegate to a commissioner—

(a)the power to determine whether to conduct an inquiry under section 91 or 94, but not the power to conduct the inquiry; and

(b)the power to allow a longer period under section 153(2)(a)(iii) for an application to be made under section 153; and

(c)the power to make a decision under section 160 to stay the operation of a decision pending review, including the power to attach conditions to the stay under section 160(5).

(4)For the purposes of subsection (2)(b), specified notice means notice given or published under any of the following—

(a)section 92(1);

(b)section 92A(1)(a);

(c)section 92A(1)(b);

(d)section 93(2)(a);

(e)section 93D(4)(a);

(f)section 93E(3)(a);

(g)section 94A(1);

(h)section 94B(1).

Division 4—Performance and exercise of the Commission's functions and powers

172UBasic requirement

(1)The Commission must endeavour to perform its functions and exercise its powers without undue formality, and as expeditiously as practicable, as the requirements of this Act and the proper consideration of the subject matter permit.

(2)Without limiting subsection (1), the Commission is required to inform an applicant for a licence or BYO permit of the Commission's decision in respect of the applicant's matter, and any other party to that matter, as soon as practicable after making the decision.

(3)When performing functions or exercising powers under this Act or the regulations, the Commission must—

(a)comply with any directions of the Minister under section 172V; and

(b)have regard to any decision-making guidelines issued by the Minister under subsection (4).

(4)The Minister may issue decision-making guidelines in respect of the regulation of liquor.

(5)Decision-making guidelines issued by the Minister under subsection (4) must be published in the Government Gazette.

172VMinisterial directions

(1)Subject to subsection (2), the Minister may give a written direction to the Commission in relation to the performance of its functions or the exercise of its powers.

(2)A direction cannot be given under this section in relation to—

(a)the content of any advice, report or recommendation given to the Minister by the Commission; or

(b)the granting, issuing, variation, transfer, relocation, suspension or cancellation of a licence or BYO permit; or

(c)the conducting of an inquiry or taking of disciplinary action under Part 6.

(3)Subject to subsection (4), the Minister must cause to be published in the Government Gazette—

(a)a direction given under this section; and

(b)the reasons for giving the direction.

(4)The Minister is not required to publish any information under subsection (3) that in the Minister's opinion is confidential or commercially sensitive.

172WHow may Commission's functions and powers be performed or exercised?

(1)A function or power of the Commission is to be performed or exercised by the Commission at a meeting, or an inquiry, in accordance with this Division and Division 2 of Part 9B.

(2)A function of the Commission that this Act or the regulations provides may be performed by any commissioner may also be performed by the Commission at a meeting convened or inquiry arranged in accordance with this Division and Division 2 of Part 9B.

(3)In performing a function or exercising a power, the Commission—

(a)except when exercising a power under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958, is not bound by the rules of evidence but may inform itself in any way it thinks fit; and

Note

See section 172ZF(3).

(b)is bound by the rules of natural justice.

172XMeetings and inquiries generally

(1)The Chairperson—

(a)must convene as many meetings of the Commission as the Chairperson considers necessary for the efficient conduct of its affairs; and

(b)may arrange for the Commission to conduct an inquiry.

(2)A meeting convened, or inquiry arranged, in accordance with this section, may be conducted at a place determined by the Chairperson.

(3)The Chairperson, or in the Chairperson's absence and if there is no acting Chairperson, a Deputy Chairperson, is to preside at a meeting of the Commission.

(4)Subject to this Act and the regulations, the Commission may regulate its own procedure.

(5)If the Chairperson arranges an inquiry to be conducted by 3 or more commissioners, the Chairperson may be the presiding commissioner, or must appoint one of the commissioners to be the presiding commissioner.

172YMeetings

(1)A meeting of the Commission may be conducted by telephone, closed circuit television or other means of communication that does not require the physical presence of each commissioner in the same room.

(2)The quorum for a meeting of the Commission is 3 commissioners, at least one of whom must be the Chairperson or a Deputy Chairperson.

(3)If a sessional commissioner has been appointed for a specific matter, the quorum for a meeting of the Commission that is to perform any function in relation to that matter must include that sessional commissioner.

(4)A matter arising at a meeting is determined by a majority of votes of the commissioners present and voting on the question and the person presiding has a deliberative vote and, if voting is equal, a second or casting vote.

172ZAre Commission meetings and inquiries open to the public?

(1)The Commission may conduct meetings and inquiries in public or private.

(2)However, an inquiry conducted for the purposes of making a finding or a determination relating to any of the following matters must be conducted in public unless the Commission determines, under subsection (3), that there are special circumstances requiring that the inquiry or part of it should be conducted in private—

(a)a liquor licence application if an objection, on the grounds of either amenity or harm under section 38, 40 or 41(1)(b), is lodged in accordance with the requirements of this Act;

(b)a late hour entry declaration for an area or locality under section 58B;

(c)a disciplinary action inquiry under section 91;

(d)an inquiry into amenity or disuse under section 94.

(3)The Commission may direct that an inquiry or part of it be conducted in private if the Commission considers that special circumstances of a kind specified in paragraph (a) or (b) exist—

(a)to prevent the unreasonable divulgence of information relating to the personal affairs of any person (including a deceased person); or

(b)it is otherwise in the interests of justice or the public interest to do so.

(4)The Commission must advise that the Commission is conducting an inquiry in public by notice published on the Internet site of the Commission.

(5)In the notice published under subsection (4), the Commission must—

(a)specify the type of inquiry being conducted; and

(b)specify the date, time and place of the inquiry.

Division 5—Liquor inspectors

172ZAAppointment

(1)The Chairperson may, by instrument, appoint as a liquor inspector for the purposes of this Act and the regulations a person employed under Part 3 of the Public Administration Act 2004 who, in the Chairperson's opinion—

(a)is competent to perform the functions of an inspector; and

(b)is of good reputation, having regard to character, honesty and integrity.

(2)Unless the Chairperson considers that there are special circumstances, the Chairperson cannot appoint as a liquor inspector a person who is, or at any time in the previous 2 years has been, the subject of a disqualification determination under section 93D.

172ZBCriminal records check

(1)The Commission may require a person under consideration for appointment as a liquor inspector to consent to having the person's photograph, finger prints and palm prints taken.

(2)The Commission must refer a copy of any photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police.

(3)The Chief Commissioner of Police must inquire into and report to the Commission on matters relating to whether the person under consideration is of good repute, having regard to character, honesty and integrity.

(4)The Chief Commissioner of Police must ensure that—

(a)any copies of photographs, finger prints and palm prints and any supporting documentation received under subsection (2) are destroyed—

(i)within 28 days after they are no longer required in connection with the Chief Commissioner's inquiry and report under subsection (3); or

(ii)no later than 6 months from the date they were received—

whichever is the earlier; and

(b)the person to whom they relate is notified of the destruction as soon as practicable.

(5)The Chairperson must ensure that—

(a)any photographs, finger prints or palm prints taken under subsection (1) are destroyed—

(i)within 28 days after they are no longer required in connection with the consideration of the person's appointment as a liquor inspector; or

(ii)no later than 6 months from the date they were taken—

whichever is the earlier; and

(b)the person to whom they relate is notified of the destruction as soon as practicable.

172ZCFunctions and powers of liquor inspectors

(1)A liquor inspector has the following functions—

(a)any functions conferred on a liquor inspector under this Act or the regulations;

(b)any other functions conferred on a liquor inspector under any other Act or regulations made under any other Act.

(2)A liquor inspector has all the powers necessary to perform the inspector's functions.

(3)Without limiting subsection (2), a liquor inspector may—

(a)with the approval of the Commission, bring proceedings for offences against this Act or the regulations; and

(b)appear personally or be represented by an Australian lawyer in any proceedings the liquor inspector has become involved in as a consequence of performing the functions of a liquor inspector.

172ZDIdentity cards

(1)A liquor inspector is not authorised to perform the functions of a liquor inspector unless the liquor inspector is in possession of an identity card in the form approved by the Chairperson.

(2)The identity card must bear a photograph and the name and signature of the liquor inspector.

(3)In the course of performing a function as a liquor inspector, a liquor inspector must, if requested to do so by a person affected by the performance of that function, produce the liquor inspector's identity card for inspection by the person, unless to do so would defeat the purpose for which the function is to be performed.

Part 9B—Investigations and inquiries of Commission

Division 1—Investigations

172ZEGeneral power of investigation

(1)For the purposes of performing its functions or exercising its powers under this Act or the regulations, the Commission may carry out investigations.

(2)An investigation under this Division may include (but is not limited to) an investigation of any or all of the following—

(a)a person who, in the opinion of the Commission, is a regulated person;

(b)the conduct and practices of a person referred to in paragraph (a);

(c)a person who, in the opinion of the Commission, could affect the exercise of functions in or in relation to the conduct of the operations of a regulated person under a licence or BYO permit;

(d)a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a regulated person, in relation to functions in or in relation to the conduct of operations under a licence or BYO permit;

(e)any contravention or suspected contravention of this Act;

(f)matters relevant to the functions, powers or duties of the Commission or the operation of this Act or the regulations.

(3)An investigation under this Division may include making an enquiry of a preliminary nature.

(4)In this section—

regulated person means—

(a)a licensee or permittee; or

(b)a responsible person; or

(c)a member of the committee of management of a licensee or permittee (if it is a club); or

(d)a nominee of the licensee or permittee (if it is a club); or

(e)a person who, directly or indirectly, is concerned in or takes part in the management of licensed premises; or

(f)an applicant for a licence or BYO permit; or

(g)a person who carries on a business specified under sections 6A to 6D.

Division 2—Inquiries

Subdivision 1—Inquiries generally

172ZFInquiries by Commission

(1)The Commission may conduct an inquiry for the purposes of performing its functions or exercising its powers under this Act or the regulations.

(2)At least one commissioner must preside at an inquiry.

(3)When conducting an inquiry for the purposes of performing its functions under section 172D(1)(a), (b), (c) or (d), the Commission is taken to be a board appointed by the Governor in Council and Division 5 of Part I (including section 21A) of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before the repeal of that Division, applies accordingly.

(4)If a sessional commissioner has been appointed for a specific matter, that sessional commissioner must sit on any inquiry in relation to that matter.

(5)When the Commission is conducting an inquiry for the purposes of a function referred to in section 172T(2)(b), the commissioner who initiated the inquiry may sit on the inquiry.

172ZGConduct of inquiry

Subject to this Act and the regulations, the Commission may conduct any inquiry in any manner the Commission considers appropriate.

Note

For provisions of this Act to which this section is subject, see, for example, sections 172W(3) and 172ZF(3).

Subdivision 2—Community interest inquiries

172ZHCommunity interest inquiries

(1)The Commission may determine that an inquiry it is proposing to, or must, conduct is a community interest inquiry.

(2)In making a determination under subsection (1), the Commission must have regard to the subject matter of the proposed inquiry and the functions and powers it will perform or exercise for the purposes of that inquiry.

(3)If directed to do so by the Minister, the Commission must conduct a community interest inquiry into any matter specified by the Minister that is relevant to the administration of this Act or the regulations.

(4)A direction made by the Minister under subsection (3) must be in writing.

172ZIProcedure for community interest inquiries

(1)The Commission must conduct a community interest inquiry in public.

(2)In conducting a community interest inquiry, the Commission may—

(a)determine the area or locality in the State to which the inquiry relates; and

(b)call for submissions from interested organisations and members of the public; and

(c)consult with persons or bodies the Commission considers appropriate and seek submissions from those persons and bodies.

(3)The Commission must advise that a community interest inquiry is being conducted by the Commission—

(a)by notice published in the Government Gazette; and

(b)by notice published on the Commission's Internet site; and

(c)if the inquiry relates to a particular area or locality—by notice published in a newspaper (whether printed or published by electronic communication) circulating in the area or locality to which the inquiry relates.

(4)The Commission must—

(a)in the notices required to be published under subsection (3), invite the public to make submissions to the Commission in relation to the community interest inquiry within the time specified in those notices; and

(b)set out the manner and form in which submissions may be made.

(5)All submissions made to the Commission that—

(a)relate to the subject matter of the community interest inquiry; and

(b)are made within the time, manner and form specified by the Commission in the notices required to be published under subsection (3)—

must be considered by the Commission before the community interest inquiry is concluded.

172ZJMinister may require interim report

(1)The Minister may, in writing, request the Commission to provide an interim report, within a time specified by the Minister, on any community interest inquiry being conducted by the Commission before the inquiry is concluded.

(2)An interim report made by the Commission and given to the Minister under subsection (1) may be made orally or may be in writing.

172ZKFinal report to be provided to Minister

(1)At the conclusion of a community interest inquiry, the Commission must give the Minister a report on the outcomes of the inquiry.

(2)A report made by the Commission and given to the Minister under subsection (1) must be in writing.".

23References to inspectors

(1)In sections 6(j)(vi), 10(4)(c), 100(e), 101B(2), 108AE(2) and (3), 108B(1) and (2), 117(3), 126(1)(a), 127(1)(ab), (3) and (4), 128(1) and (2), 130B(6), 131(1) and (2) and 141(1AA) and (2)(eag) of the Liquor Control Reform Act 1998 omit "gambling and".

(2)In section 106K(2) and (3) of the Liquor Control Reform Act 1998, for "compliance" substitute "liquor".

24Savings and transitional provisions

At the end of section 182 of the Liquor Control Reform Act 1998 insert—

"(6)Schedule 8 has effect.".

25New Schedule 8 inserted

At the end of the Liquor Control Reform Act 1998 insert—

"Schedule 8—Transitional provisions—Casino and Liquor Legislation Amendment Act 2022

1Definitions

In this Schedule—

amending Act means the Casino and Liquor Legislation Amendment Act 2022;

commencement day means the day on which section 22 of the amending Act comes into operation;

VGCCC means the Victorian Gambling and Casino Control Commission established under Part 2 of the VGCCC Act;

VGCCC Act means the Victorian Gambling and Casino Control Commission Act 2011.

2General transitional provision

(1)This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2)This Schedule applies despite anything to the contrary in any other provision of this Act.

3Licences and BYO permits

A licence or BYO permit issued under this Act by the VGCCC that was in effect immediately before the commencement day remains in effect on and after that day, in accordance with its terms and conditions, as if it had been issued by the Commission.

4Proof of age card

A proof of age card issued under this Act by the VGCCC that was in effect immediately before the commencement day remains in effect on and after that day, in accordance with its terms and conditions, as if it had been issued by the Commission.

5Decision-making guidelines

A decision-making guideline that was in effect immediately before the commencement day under section 5 of the VGCCC Act in relation to the regulation of liquor remains in effect on and after that day as if it had been issued under section 172U(4) of this Act.

6Demerit points

Any demerit points recorded in the Register by the VGCCC before the commencement day that are in the Register immediately before that day remain on the Register as if they had been recorded by the Commission.

7Notices

(1)A notice given, issued or served by the VGCCC under this Act that is in force immediately before the commencement day is, on that day, taken to be a notice given, issued or served by the Commission.

(2)A notice given, issued or served by the VGCCC under the VGCCC Act in relation to the regulation of liquor that is in force immediately before the commencement day is, on that day, taken to be a notice given, issued or served by the Commission under this Act.

8Applications, approvals, decisions or other actions of VGCCC

(1)Subject to this Schedule, this clause applies if—

(a)before the commencement day the VGCCC commenced to do something required or permitted to be done under this Act; and

(b)the VGCCC has not completed that thing before the commencement day.

(2)On and after the commencement day, the Commission may continue to do and complete that thing under this Act as amended by the amending Act.

(3)Anything done by the VGCCC before the commencement day in respect of that thing is, on and after that day, taken to have been done by the Commission.

(4)On the commencement day, the Commission is, by force of this subclause, substituted as a party to any proceeding pending in any court or tribunal under this Act to which the VGCCC was a party immediately before that day.

9Investigations and inquiries under the VGCCC Act in relation to liquor

(1)A liquor investigation commenced but not completed by the VGCCC before the commencement day may be continued and completed by the Commission on and after that day as if it were an investigation under Division 1 of Part 9B.

(2)A liquor inquiry commenced but not completed by the VGCCC before the commencement day may be continued and completed by the Commission on and after that day as if it were an inquiry under Division 2 of Part 9B.

(3)Anything done by the VGCCC before the commencement day in respect of the liquor investigation or liquor inquiry is, on and after that day, taken to have been done by the Commission.

(4)In this clause—

liquor inquiry means an inquiry under Division 2 of Part 3 of the VGCCC Act for the purposes of performing the VGCCC's functions or duties, or exercising its powers, under this Act or the regulations, including a community interest inquiry;

liquor investigation means an investigation under Division 1 of Part 3 of the VGCCC Act for the purposes of performing the VGCCC's functions or duties, or exercising its powers, under this Act or the regulations.

10Applications and objections made before commencement day

(1)An application to the VGCCC under this Act that was made but not determined before the commencement day is taken, on and after that day, to be an application made to the Commission.

(2)An objection made to the VGCCC under this Act before the commencement day in relation to a matter that has not been determined before that day is taken, on and after that day, to be an objection made to the Commission.".

26Statute law revision

In clause 16(2), (3) and (4) of Schedule 6 to the Liquor Control Reform Act 1998, for "section" (wherever occurring) substitute "clause".

Part 5—Amendment of Victorian Gambling and Casino Control Commission Act 2011

27Purposes

For section 1(b) and (c) of the Victorian Gambling and Casino Control Commission Act 2011 substitute—

"(b)to provide for the Commission's functions, powers and governance; and

(c)to provide for the appointment of gambling and casino inspectors and the conduct of investigations and inquiries by the Commission.".

28Definitions

In section 3 of the Victorian Gambling and Casino Control Commission Act 2011—

(a)in the definition of gambling and liquor inspector, for "liquor" substitute "casino";

(b)the definitions of liquor authorisation and liquor legislation are repealed;

(c)in the definition of regulated person—

(i)in paragraph (d), for "person; or" substitute "person;";

(ii)paragraphs (e), (f), (g), (h), (i), (j) and (k) are repealed;

(d)in the definition of restricted person, in paragraph (b), for "liquor" substitute "casino";

(e)for the note at the foot of the section substitute—

"Note

This Act uses expressions that are defined in the Gambling Regulation Act 2003. Section 4 provides that they are to have the same meaning in both Acts unless the context otherwise requires.".

29Words and expressions used in this Act, gambling legislation and liquor legislation

(1)In the heading to section 4 of the Victorian Gambling and Casino Control Commission Act 2011, for ", gambling legislation and liquor" substitute "and gambling".

(2)In section 4 of the Victorian Gambling and Casino Control Commission Act 2011—

(a)subsection (2) is repealed;

(b)in subsection (3) omit "or (2)".

30Decision-making guidelines

In section 5(1) of the Victorian Gambling and Casino Control Commission Act 2011 omit "or liquor".

31New section 5A inserted

After section 5 of the Victorian Gambling and Casino Control Commission Act 2011 insert—

"5A   Ministerial directions

(1)Subject to subsection (2), the Minister may give a written direction to the Commission in relation to the performance of its functions and duties or the exercise of its powers.

(2)A direction cannot be given under this section in relation to—

(a)the content of any advice, report or recommendation given to the Minister by the Commission; or

(b)the granting, issuing, variation, suspension or cancellation of a gambling authorisation; or

(c)the undertaking of an investigation under gambling legislation; or

(d)the taking of disciplinary action under gambling legislation.

(3)Subject to subsection (4), the Minister must cause to be published in the Government Gazette—

(a)a direction given under this section; and

(b)the reasons for giving the direction.

(4)The Minister is not required to publish any information under subsection (3) that in the Minister's opinion is confidential or commercially sensitive.

(5)To avoid doubt, subsection (2) does not affect a power of the Minister to give directions to the Commission under another Act.

Example

Under section 24 of the Casino Control Act 1991 the Minister may direct the Commission to investigate a casino.".

32Establishment, functions and powers

In the heading to Division 1 of Part 2 of the Victorian Gambling and Casino Control Commission Act 2011, after "Establishment," insert "objectives,".

33New section 8A inserted

After section 8 of the Victorian Gambling and Casino Control Commission Act 2011 insert—

"8A   Objectives of the Commission

The objectives of the Commission are—

(a)to maintain and administer systems for the licensing, supervision and control of gambling businesses and casinos, for the purpose of—

(i)ensuring that the management and operation of gambling businesses and casinos remain free from criminal influence and exploitation through oversight of those gambling businesses and casinos and liaison with other regulatory agencies; and

(ii)ensuring that gambling conducted or operated by a gambling business and gaming and betting in a casino are conducted or operated honestly; and

(iii)fostering responsible gambling conducted or operated by a gambling business or in a casino; and

(b)to minimise gambling harm and problem gambling.".

34Functions of the Commission

(1)In section 9 of the Victorian Gambling and Casino Control Commission Act 2011—

(a)in subsection (1)—

(i)in paragraph (a) omit "the Liquor Control Reform Act 1998,";

(ii)in paragraphs (b) and (e) omit ", liquor legislation";

(iii)in paragraphs (c), (d) and (f) omit "and liquor legislation";

(iv)in paragraph (g) omit "and liquor";

(b)for subsection (1)(h) substitute—

"(h)to inform and educate the public about—

(i)the Commission's regulatory practices and requirements; and

(ii)Government policy in relation to gambling;

(i)to undertake activities to minimise gambling harm.";

(c)in subsection (2) omit "the Liquor Control Reform Act 1998,".

(2)For section 9(3) of the Victorian Gambling and Casino Control Commission Act 2011 substitute—

"(3)When performing functions or duties or exercising powers under this Act, the Gambling Regulation Act 2003, the Casino Control Act 1991, the Racing Act 1958 or any other Act, the Commission must have regard to—

(a)the objects of the Act conferring functions, duties or powers on the Commission; and

(b)the objectives of the Commission set out in section 8A.".

(3)For section 9(4) of the Victorian Gambling and Casino Control Commission Act 2011 substitute—

"(4)When performing functions or duties or exercising powers under gambling legislation, the Commission must have regard to any decision-making guidelines issued by the Minister under section 5.".

(4)After section 9(4) of the Victorian Gambling and Casino Control Commission Act 2011 insert—

"(5)When performing functions or duties or exercising powers, the Commission must comply with any directions of the Minister under section 5A.".

35Powers of the Commission

Section 10(1)(c) of the Victorian Gambling and Casino Control Commission Act 2011 is repealed.

36Section 12 substituted

For section 12 of the Victorian Gambling and Casino Control Commission Act 2011 substitute—

"12   Eligibility for appointment

(1)When recommending persons for appointment as commissioners, the Minister must ensure as far as is practicable that collectively the commissioners have the following—

(a)regulatory experience;

(b)financial or commercial qualifications or experience;

(c)at least 5 years' practice as an Australian legal practitioner;

(d)any other qualifications, experience or expertise that the Minister considers relevant.

(2)Despite subsection (1), a person is not eligible for appointment as a commissioner if the person has, at any time in the previous 2 years, been employed by, or significantly associated with—

(a)a key operative; or

(b)a bookmaker; or

(c)a commercial raffle organiser.".

37Appointment of commissioners

In the Victorian Gambling and Casino Control Commission Act 2011—

(a)in section 13(1), for "a qualified" substitute "an eligible";

(b)in sections 14(1) and 15(1), for "qualified" substitute "eligible";

(c)in section 15A(1) omit "qualified and".

38Protection from liability

In section 22(1) of the Victorian Gambling and Casino Control Commission Act 2011—

(a)paragraph (a)(iii) is repealed;

(b)for paragraph (b)(ii) and (iii) substitute—

"(ii)gambling legislation.".

39Identity cards

Section 23 of the Victorian Gambling and Casino Control Commission Act 2011 is repealed.

40Basic requirement

In section 24(3) of the Victorian Gambling and Casino Control Commission Act 2011 omit "or a liquor authorisation".

41Meetings and inquiries generally

In section 26(4) of the Victorian Gambling and Casino Control Commission Act 2011, for ", gambling legislation or liquor" substitute "or gambling".

42Are Commission meetings and inquiries open to the public?

Section 28(2)(a), (b), (c) and (d) of the Victorian Gambling and Casino Control Commission Act 2011 are repealed.

43Staff

In section 29(1) and (3) of the Victorian Gambling and Casino Control Commission Act 2011 omit ", liquor legislation".

44Delegation

(1)In section 30(1) of the Victorian Gambling and Casino Control Commission Act 2011, for "specified in subsection (3)" substitute "under section 10.1.32(3) of the Gambling Regulation Act 2003".

(2)In section 30(2) of the Victorian Gambling and Casino Control Commission Act 2011, before paragraph (a) insert—

"(aa)the chief executive officer;".

(3)In section 30(3) of the Victorian Gambling and Casino Control Commission Act 2011—

(a)omit "(1) or";

(b)for paragraphs (b), (c) and (d) substitute—

"(b)a decision to take disciplinary action under section 20 of the Casino Control Act 1991;

(c)a function under section 22 of the Casino Control Act 1991;

(d)the approval of a major change under section 28 of the Casino Control Act 1991.".

(4)Section 30(3A), (5) and (6) of the Victorian Gambling and Casino Control Commission Act 2011 are repealed.

45General power of investigation

(1)In section 32(1) of the Victorian Gambling and Casino Control Commission Act 2011, for ", gambling legislation or liquor" substitute "or gambling".

(2)In section 32(2) of the Victorian Gambling and Casino Control Commission Act 2011—

(a)for paragraphs (d) and (e) substitute—

"(d)a person who, in the opinion of the Commission, could affect the performance of functions in or in relation to the conduct of the operations of a regulated person under a gambling authorisation;

(e)a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a regulated person in relation to functions in or in relation to the conduct of operations under a gambling authorisation;";

(b)paragraph (f) is repealed;

(c)in paragraph (h) omit "or liquor legislation".

46Inquiries by Commission

In section 33(1) of the Victorian Gambling and Casino Control Commission Act 2011, for ", gambling legislation or liquor" substitute "or gambling".

47Conduct of inquiry

In section 34 of the Victorian Gambling and Casino Control Commission Act 2011, for ", gambling legislation or liquor" substitute "and gambling".

48Community interest inquiries

In section 35(3) of the Victorian Gambling and Casino Control Commission Act 2011, for ", gambling legislation or liquor" substitute "or gambling".

49Part 4 heading amended

In the heading to Part 4 of the Victorian Gambling and Casino Control Commission Act 2011, for "liquor" substitute "casino".

50Appointment

In section 40 of the Victorian Gambling and Casino Control Commission Act 2011—

(a)in subsection (1), for "liquor inspector for the purposes of this Act, gambling legislation, liquor" substitute "casino inspector for the purposes of this Act, gambling";

(b)in subsection (2)—

(i)for "gambling and liquor inspector" substitute "gambling and casino inspector";

(ii)paragraph (a) is repealed;

(c)in subsection (3)—

(i)for "liquor" substitute "casino";

(ii)for "holder of the gaming licence and the wagering licence or a former holder" substitute "wagering and betting licensee or a venue operator or a former wagering and betting licensee or venue operator".

51Criminal records check

In section 41(1) and (5)(a)(i) of the Victorian Gambling and Casino Control Commission Act 2011, for "liquor" substitute "casino".

52Functions of gambling and liquor inspectors

(1)In the heading to section 42 of the Victorian Gambling and Casino Control Commission Act 2011, for "liquor" substitute "casino".

(2)In section 42(1) of the Victorian Gambling and Casino Control Commission Act 2011—

(a)for "gambling and liquor inspector" (wherever occurring) substitute "gambling and casino inspector";

(b)in paragraph (a) omit "or liquor legislation".

(3)For section 42(2) of the Victorian Gambling and Casino Control Commission Act 2011 substitute—

"(2)A gambling and casino inspector has all the powers necessary to perform the inspector's functions under gambling legislation.".

(4)In section 42(3) of the Victorian Gambling and Casino Control Commission Act 2011—

(a)for "gambling and liquor inspector" (where first occurring) substitute "gambling and casino inspector";

(b)in paragraph (a), for ", gambling legislation or liquor" substitute "or gambling";

(c)for paragraph (b) substitute—

"(b)appear personally or be represented by an Australian lawyer in any proceeding the inspector becomes involved in as a consequence of performing functions as a gambling and casino inspector.".

53Identity cards

In section 43 of the Victorian Gambling and Casino Control Commission Act 2011, for "liquor" (wherever occurring) substitute "casino".

54Former inspectors

In section 44 of the Victorian Gambling and Casino Control Commission Act 2011, for "liquor" substitute "casino".

55New Part 7 inserted

After Part 6 of the Victorian Gambling and Casino Control Commission Act 2011 insert—

"Part 7—Transitional provisions for Casino and Liquor Legislation Amendment Act 2022

52Definitions

In this Part—

amending Act means the Casino and Liquor Legislation Amendment Act 2022;

gambling and liquor inspector means a gambling and liquor inspector within the meaning of section 3 as in force immediately before the commencement of section 28 of the amending Act;

Liquor Commission means the Victorian Liquor Commission established by section 172B of the Liquor Control Reform Act 1998 (as inserted by section 22 of the amending Act).

53Commissioners

(1)Subject to subsection (2), a person who was a commissioner immediately before the commencement of section 36 of the amending Act continues in office as a commissioner on and after that commencement in accordance with the person's instrument of appointment.

(2)Subsection (1) does not apply to a person who has been appointed as a member of the Liquor Commission before the commencement of section 36 of the amending Act.

54Inspectors

(1)Subject to subsection (2), a person who was a gambling and liquor inspector immediately before the commencement of section 50 of the amending Act is taken, on and after that commencement, to be a gambling and casino inspector appointed under section 40.

(2)Subsection (1) does not apply to a person who has been appointed as a liquor inspector under section 172ZA of the Liquor Control Reform Act 1998 (as inserted by section 22 of the amending Act) before the commencement of section 50 of the amending Act.

55Former inspectors

Section 44, as in force immediately before the commencement of section 54 of the amending Act, continues to apply on and after that commencement to a person who ceased to be a gambling and liquor inspector before that commencement.

56Protection from liability

Section 22, as in force immediately before the commencement of section 38 of the amending Act, continues to apply on and after that commencement in relation to any liability of a commissioner, or a delegate of a commissioner, under liquor legislation before that commencement.

57Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of any repeals or amendments made by the amending Act.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or after a date not earlier than the day on which this Act receives the Royal Assent;

(b)be of limited or general application;

(c)differ according to time, place or circumstances;

(d)leave any matter or thing to be decided by a specified person or class of person.

(3)To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as—

(a)to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or

(b)to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making.

(4)Regulations under this section have effect despite anything to the contrary in—

(a)this Act or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006); or

(b)any subordinate instrument.

(5)The following are not required for any proposed statutory rule that is to be made under this section—

(a)consultation under section 6 of the Subordinate Legislation Act 1994;

(b)the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994.

(6)This section is repealed on the second anniversary of the day on which it comes into operation.".

Part 6—Consequential amendment of other Acts

56Food Act 1984

(1)In the heading to section 58 of the Food Act 1984, for "Victorian Commission for Gambling and Liquor Regulation" substitute "Victorian Liquor Commission".

(2)For section 58(3) of the Food Act 1984 substitute—

"(3)In this section—

Commission means the Victorian Liquor Commission established under Part 9A of the Liquor Control Reform Act 1998.".

57Ombudsman Act 1973

In Schedule 1 to the Ombudsman Act 1973, for item 9 substitute—

"9	Victorian Gambling and Casino Control Commission	Chairperson of the Commission	Minister administering the Victorian Gambling and Casino Control Commission Act 2011
9A	Victorian Liquor Commission	Chairperson of the Commission	Minister administering the Liquor Control Reform Act 1998".

58Racing Act 1958

(1)In section 3(1) of the Racing Act 1958—

(a)insert the following definition—

"gambling and casino inspector means an inspector appointed under section 40 of the Victorian Gambling and Casino Control Commission Act 2011;";

(b)for the definition of Commission substitute—

"Commission means the Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011;";

(c)the definition of gambling and liquor inspector is repealed.

(2)In the Racing Act 1958—

(a)in the headings to Part IIID and sections 83T and 83V, for "liquor" substitute "casino";

(b)in sections 83T, 83U(1), (3) and (4), 83V(1) and (2) and 83W(1) and (2), for "liquor" (wherever occurring) substitute "casino";

(c)in section 92(3), in the definition of authorised person, in paragraph (d), for "liquor" substitute "casino".

59Spent Convictions Act 2021

In column 1 of the Table at the foot of section 22 of the Spent Convictions Act 2021, for "Victorian Commission for Gambling and Liquor Regulation" (where twice occurring) substitute "Victorian Gambling and Casino Control Commission".

60Summary Offences Act 1966

In section 43(1) of the Summary Offences Act 1966, in the definition of evidence of age document, in paragraph (a), for "Victorian Commission for Gambling and Liquor Regulation" substitute "Victorian Liquor Commission".

61Taxation Administration Act 1997

In section 92(1)(e)(xv) of the Taxation Administration Act 1997, for "Victorian Commission for Gambling and Liquor Regulation" substitute "Victorian Gambling and Casino Control Commission".

62Tobacco Act 1987

In section 3 of the Tobacco Act 1987, in the definition of Victorian proof of age card, for "Victorian Commission for Gambling and Liquor Regulation" substitute "Victorian Liquor Commission".

Part 7—Repeal of this Act

63Repeal of this Act

This Act is repealed on 12 May 2024.

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: 25 May 2022

Legislative Council: 9 June 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Casino Control Act 1991, the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Victorian Gambling and Casino Control Commission Act 2011 and other Acts in relation to casino regulation, to provide further for the Victorian Gambling and Casino Control Commission, to establish the Victorian Liquor Commission and for other purposes."