Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022 (Vic)
Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022
No. 42 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendment of Casino Control Act 1991
Division 1—Amendments commencing on day after Royal Assent
3Dividing Part 2 into Divisions
4General powers of special manager
5Power to give directions to Melbourne Casino Operator
6Reports of special manager
7Commission consideration of special manager's report
8Cancellation of Melbourne Casino Licence
9Staffing, contractors and delegation
10Removal of excluded persons from casino
11Notification requirements for exclusion orders made under section 74
12Casino supervision and control charge
13New sections 112B and 112C inserted
14New section 175 inserted
Division 2—Amendments relating to associates, corporate ownership and governance
15Definitions
16Section 4 substituted
17Commission may require further information etc.
18New Division 1A inserted in Part 3
19Change in situation of casino operator
20New sections 28AB to 28AE inserted
21Costs of investigating and monitoring associates and likely associates
22New Part 3A inserted
23Commission may require further information
24Termination of employment on suspension or cancellation of licence
Division 3—Amendments relating to manager of casino
25New section 21A inserted
26Appointment of a manager if licence cancelled or suspended
27New sections 22A to 22E inserted
Division 4—Amendments relating to excluding persons from casinos
28Definitions
29Duration of exclusion orders
30New sections 76A to 76C inserted
31Excluded person not to enter casino or casino complex
32Removal of excluded persons from casino
33New section 78C inserted
Division 5—Amendments relating to carded play, cashless gaming, pre-commitment and other matters
34Definitions
35Commission to define casino premises
36New section 62C inserted
37Conduct of gaming
38New section 64A inserted
39Credit etc.
40New section 68A inserted
41New Division 3A inserted in Part 5
42Possession of certain things prohibited
43Payment of winnings by cheque or electronic funds transfer
44Banking
45Section 124 substituted
46Forgery and impersonation
47Regulations
Part 3—Amendment of Casino (Management Agreement) Act 1993
48New section 7C inserted
49New section 7D inserted
50Taxes and charges
Part 4—Amendment of Gambling Regulation Act 2003
51Definitions
52Preconditions for allowing participation in loyalty scheme
53Player activity statements—active participants
54Player activity statements—participants who are not active participants
55Suspension of person who fails to collect their player activity statement
56Opting out of loyalty schemes
57No advertising to people suspended or removed from loyalty schemes
58New section 3.5.41A inserted
59Definitions for Part 8A of Chapter 3
60New section 3.8A.31 inserted
61Subject matter for regulations
62Statute law revision
Part 5—Amendment of Tobacco Act 1987
63Definitions
64Declared smoking areas in casinos
65Enclosed workplaces: offence by smoker
66Casinos: no smoking signs
67Statute law revision
Part 6—Repeal of this Act
68Repeal of this Act
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Endnotes
1 General information
Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022
No. 42 of 2022
[Assented to 27 September 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to amend the Casino Control Act 1991, the Casino (Management Agreement) Act 1993, the Gambling Regulation Act 2003 and the Tobacco Act 1987 to implement recommendations of the Royal Commission into the Casino Operator and Licence and other gambling reforms.
2Commencement
(1)This Part, Division 1 of Part 2, Part 3 (except section 49), sections 62 and 67 and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 August 2023, it comes into operation on that day.
Part 2—Amendment of Casino Control Act 1991
Division 1—Amendments commencing on day after Royal Assent
3Dividing Part 2 into Divisions
In the Casino Control Act 1991—
(a)after the heading to Part 2 insert—
"Division 1—Legality of casinos";
(b)after section 6 insert—
"Division 2—Licence application process";
(c)after section 12 insert—
"Division 3—Granting casino licence";
(d)after section 19 insert—
"Division 4—Disciplinary action and surrender of licence";
(e)after section 21 insert—
"Division 5—Manager of casino".
4General powers of special manager
In section 36D(2)(e) of the Casino Control Act 1991, before "enter" insert "may".
5Power to give directions to Melbourne Casino Operator
In section 36E(5) of the Casino Control Act 1991 omit "within 3 days after they are made".
6Reports of special manager
(1)For section 36G(1)(a) of the Casino Control Act 1991 substitute—
"(a)covering the following periods—
(i)starting on 1 January 2022 and ending on 30 June 2022;
(ii)starting on 1 July 2022 and ending on 31 December 2022;
(iii)starting on 1 January 2023 and ending on 30 June 2023; and".
(2)For section 36G(2) of the Casino Control Act 1991 substitute—
"(2)The special manager must make a final report to the Commission and the Minister on the performance of the special manager's functions covering the period starting on 1 January 2022 and ending on 31 December 2023.
(2A)The special manager must make an interim report under subsection (1)(a)(ii) and (iii) and the final report under subsection (2) within 14 days after the end of the period to which the report relates.".
(3)After section 36G(3) of the Casino Control Act 1991 insert—
"(3A)If the special manager continues to perform functions in relation to the Melbourne Casino Operator after 31 December 2023, the special manager must make reports to the Commission and the Minister on the performance of those functions as requested by the Commission or the Minister.".
7Commission consideration of special manager's report
In section 36H(2) of the Casino Control Act 1991, for "section 36G" substitute "section 36G(2)".
8Cancellation of Melbourne Casino Licence
(1)In section 36I(2) of the Casino Control Act 1991, for "section 36G" substitute "section 36G(2)".
(2)In section 36I(4) of the Casino Control Act 1991, for "section 22" substitute "Division 5 of Part 2".
9Staffing, contractors and delegation
In section 36K(3)(d) of the Casino Control Act 1991, for "an interim or final report" substitute "a report".
10Removal of excluded persons from casino
In section 78(1)(a) of the Casino Control Act 1991, after "casino" insert "(other than a manager appointed under section 22)".
11Notification requirements for exclusion orders made under section 74
In section 78AA(1)(a) of the Casino Control Act 1991, after "casino" insert "(other than a manager appointed under section 22)".
12Casino supervision and control charge
(1)Insert the following heading to section 112A of the Casino Control Act 1991—
"Premium payment".
(2)In section 112A(1) of the Casino Control Act 1991—
(a)in paragraph (a), for "(3); and" substitute "(3).";
(b)paragraph (b) is repealed.
(3)For section 112A(6) of the Casino Control Act 1991 substitute—
"(6)The premium payment payable under subsection (1)(a) is a tax.".
13New sections 112B and 112C inserted
After section 112A of the Casino Control Act 1991 insert—
"112B Supervision charge—imposition
(1)A casino operator must pay to the Commission for payment into the Consolidated Fund a supervision charge in the instalments in respect of the periods in each financial year as the Minister determines from time to time.
(2)The supervision charge is the amount in respect of each financial year as the Minister determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Commission in exercising its functions in relation to the casino, less any amounts recovered or recoverable from the casino operator under section 20A in the financial year.
(3)The supervision charge is a tax.
112CSupervision charge—appropriation of Consolidated Fund
(1)The Consolidated Fund is appropriated to the extent necessary to enable amounts equal to the amounts credited to the Consolidated Fund as the supervision charge under section 112B to be spent on the provision of outputs that are consistent with and promote the objectives of the Commission under the Victorian Gambling and Casino Control Commission Act 2011 as those objectives relate to the casino.
(2)In this section—
outputs has the meaning given by section 3 of the Financial Management Act 1994.".
14New section 175 inserted
After section 174 of the Casino Control Act 1991 insert—
"175 Transitional provisions—Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022
(1)Section 28(2)(b) applies on and after the relevant day but before the commencement day if at any time during that period a casino operator becomes aware of the likelihood that a person who is not an associate of the casino operator at that time will become an associate of the casino operator on the commencement day by operation of section 16 of the amending Act.
(2)Sections 112B and 112C, as inserted by section 13 of the amending Act, apply in respect of the 2022–23 financial year and each subsequent financial year and, in determining the supervision charge for 2022–23, the Minister must have regard to the Commission's costs and expenses, and amounts recovered or recoverable under section 20A, in that financial year, whether incurred, recovered or recoverable before, on or after the relevant day.
(3)In this section—
amending Act means the Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022;
commencement day means the day on which section 16 of the amending Act comes into operation;
relevant day means the day after the day on which the amending Act receives the Royal Assent.".
Division 2—Amendments relating to associates, corporate ownership and governance
15Definitions
In section 3(1) of the Casino Control Act 1991 insert the following definitions—
"associate, in relation to a casino operator or an applicant for a casino licence—see section 4;
director has the meaning given in section 9 of the Corporations Act;
holding company has the meaning given in section 9 of the Corporations Act;
relevant interest, in relation to a casino operator, a holding company or an applicant for a casino licence, means a relevant interest (within the meaning of section 9 of the Corporations Act) in the issued capital of the casino operator, holding company or applicant;".
16Section 4 substituted
For section 4 of the Casino Control Act 1991 substitute—
"4 Meaning of associate
(1)Subject to subsection (2), each of the following is an associate of a casino operator or an applicant for a casino licence for the purposes of this Act—
(a)a holding company of the operator or applicant;
(b)a person who holds a relevant interest of 5% or more in—
(i)the operator or applicant; or
(ii)a holding company of the operator or applicant;
(c)an officer of—
(i)the operator or applicant; or
(ii)a holding company of the operator or applicant;
(d)a person who is or will be able to exercise a significant influence over, or in connection with, the management or operation of the casino business of the operator or applicant, because the person—
(i)is or will be entitled to receive income derived from the casino business; or
(ii)is or will have power to participate in a directorial, senior managerial or executive decision; or
(iii)is or will have power to elect or appoint an officer;
(e)a person declared by the Commission under subsection (4).
(2)The regulations may prescribe a person or class of person not to be an associate of a casino operator or an applicant for a casino licence for the purposes of this Act.
(3)For the purposes of subsection (1)(d), it is irrelevant whether the significant influence is or will be exercisable—
(a)in the person's own right or on behalf of another person; or
(b)by the person alone or in association with another person.
(4)Subject to subsection (5), the Commission, by written notice to a casino operator or an applicant for a casino licence, may declare that a person specified in the notice is an associate of the operator or applicant.
(5)The Commission may declare a person to be an associate of a casino operator or an applicant for a casino licence under subsection (4) only if the Commission considers that the person has or will have an influence that the Commission considers to be significant over the management, ownership or operation of the casino business of the operator or applicant.".
17Commission may require further information etc.
In section 11(1)(d) of the Casino Control Act 1991, for "his or her associates or" substitute "the person's".
18New Division 1A inserted in Part 3
After section 27A of the Casino Control Act 1991 insert—
"Division 1A—Change in situation of casino operator and associates
27BExtraterritorial operation
(1)This Division applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.
(2)In particular, this Division extends to associates and holding companies outside Victoria including outside Australia.".
19Change in situation of casino operator
In section 28(1) of the Casino Control Act 1991, the definition of associate is repealed.
20New sections 28AB to 28AE inserted
After section 28A of the Casino Control Act 1991 insert—
"28AB Restriction on associates acquiring or increasing relevant interests
If a casino operator is a company, it is a condition of the casino licence that, without the prior approval of the Commission under section 28AD—
(a)an associate of the operator who holds no relevant interest, or a relevant interest of less than 5%, in the operator does not acquire a relevant interest resulting in the associate holding a relevant interest of 5% or more in the operator; or
(b)an associate of the operator who holds a relevant interest of 5% or more in the operator does not acquire any further relevant interest in the operator; or
(c)an associate of the operator who holds no relevant interest, or a relevant interest of less than 5%, in a holding company of the operator does not acquire a relevant interest resulting in the associate holding a relevant interest of 5% or more in the holding company; or
(d)an associate of the operator who holds a relevant interest of 5% or more in a holding company of the operator does not acquire any further relevant interest in the holding company.
28ACApplication for approval for associate to acquire relevant interest
(1)For the purposes of section 28AB, an associate may apply to the Commission for approval to acquire a relevant interest in a casino operator or a holding company of a casino operator.
(2)An application must—
(a)be in the form, and be made in the manner, approved by the Commission; and
(b)contain or be accompanied by evidence of the suitability of the associate to acquire the relevant interest.
(3)Sections 10 and 11 apply in relation to an application under this section as if a reference in those sections—
(a)to an application for a casino licence were a reference to an application under this section; and
(b)to an applicant for a casino licence were a reference to an applicant under this section; and
(c)to a person the Commission is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino were a reference to an applicant under this section.
28ADDetermination of application
(1)The Commission must consider an application for approval made under section 28AC and must take into account—
(a)the applicant's reason for acquiring the relevant interest; and
(b)evidence of the applicant's suitability to acquire the relevant interest; and
(c)if the applicant holds, or at any time held, a relevant interest in a casino operator or a holding company of a casino operator, the conduct of the applicant during that time; and
(d)any undertakings given by the applicant as to their intended conduct after acquiring the relevant interest; and
(e)any other matters the Commission considers relevant.
(2)The Commission must determine the application by either granting the approval or refusing the application and must inform the applicant accordingly.
(3)An approval under this section may be granted subject to any conditions that the Commission thinks fit.
28AERequirement to reduce relevant interest
(1)The Commission may give written notice to an associate who has acquired a relevant interest referred to in section 28AB without the approval of the Commission requiring the associate to reduce their relevant interest to what it was before the acquisition to which the notice relates within the time specified in the notice or the other time as agreed with the Commission.
(2)An associate to whom a notice is given under this section must comply with the notice.
Penalty:480 penalty units.
(3)On the application of the Commission, the Supreme Court may make any order it thinks appropriate to enforce compliance by an associate with a notice under this section, including an order that an associate dispose of shares or other securities within a specified time.".
21Costs of investigating and monitoring associates and likely associates
(1)In section 28B(1) of the Casino Control Act 1991—
(a)in paragraph (c)(iii), for "28A(4B)." substitute "28A(4B); or";
(b)after paragraph (c) insert—
"(d)conducting an investigation for the purposes of determining an application for approval made under section 28AC.".
(2)In section 28B(2) of the Casino Control Act 1991—
(a)in paragraph (a), for "paragraph (b)" substitute "paragraphs (b) and (c)";
(b)in paragraph (b)—
(i)before "the person who is" insert "subject to paragraph (c),";
(ii)for "being likely to become an associate." substitute "being likely to become an associate; or";
(c)after paragraph (b) insert—
"(c)in the case of subsection (1)(d), the associate who applied for approval.".
22New Part 3A inserted
After Part 3 of the Casino Control Act 1991 insert—
"Part 3A—Corporate ownership and governance of casino operators
Division 1—Preliminary
36SApplication of Part
(1)This Part applies in relation to a casino operator that is a company within the meaning of the Corporations Act.
(2)Division 2 does not apply in relation to a person or class of person prescribed by the regulations.
36TExtraterritorial operation
(1)This Part applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.
(2)In particular, this Part extends to holding companies and other persons outside Victoria including outside Australia.
Division 2—Shareholding approval
36URestrictions on acquiring relevant interests
(1)It is a condition of a casino licence that, without the prior approval of the Commission—
(a)a person who holds no relevant interest, or a relevant interest of less than 5%, in the casino operator does not acquire a relevant interest resulting in the person holding a relevant interest of 5% or more in the casino operator; and
(b)a person who holds a relevant interest of 5% or more in the casino operator does not acquire any further relevant interest in the casino operator; and
(c)a person who holds no relevant interest, or a relevant interest of less than 5%, in a holding company of the casino operator does not acquire a relevant interest resulting in the person holding a relevant interest of 5% or more in the holding company; and
(d)a person who holds a relevant interest of 5% or more in a holding company of the casino operator does not acquire any further relevant interest in the holding company.
(2)Approval of the Commission for the purposes of subsection (1) may be—
(a)approval granted under section 36W; or
(b)approval granted under section 28AD.
36VApplication for approval to acquire relevant interest
(1)For the purposes of section 36U, a person may apply to the Commission for approval to acquire a relevant interest in a casino operator or a holding company of a casino operator.
(2)An application must—
(a)be in the form, and be made in the manner, approved by the Commission; and
(b)contain or be accompanied by evidence of the suitability of the person to acquire the relevant interest.
(3)Sections 10 and 11 apply in relation to an application under this section as if a reference in those sections—
(a)to an application for a casino licence were a reference to an application under this section; and
(b)to an applicant for a casino licence were a reference to an applicant under this section; and
(c)to a person the Commission is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino were a reference to an applicant under this section.
36WDetermination of application
(1)The Commission must consider an application for approval made under section 36V and must take into account—
(a)the applicant's reason for acquiring the relevant interest; and
(b)evidence of the applicant's suitability to acquire the relevant interest; and
(c)if the applicant holds, or at any time held, a relevant interest in a casino operator or a holding company of a casino operator, the conduct of the applicant during that time; and
(d)any undertakings given by the applicant as to their intended conduct after acquiring the relevant interest; and
(e)any other matters the Commission considers relevant.
(2)The Commission must determine the application by either granting the approval or refusing the application and must inform the applicant accordingly.
(3)An approval under this section may be granted subject to any conditions that the Commission thinks fit.
(4)The Commission, by written notice, may revoke an approval granted to a person under this section if the person has not yet acquired the relevant interest but the Commission is not satisfied that the person is a suitable person to hold the relevant interest.
36XInvestigation of approved persons
(1)The Commission may carry out an investigation to determine whether a person who has acquired a relevant interest in a casino operator or a holding company of a casino operator in accordance with an approval granted under section 36W remains a suitable person to hold the relevant interest.
(2)For the purposes of an investigation under this section, the Commission, by written notice, may require the person or another person whose association with the person is, in the opinion of the Commission, relevant to the investigation to do any one or more of the following—
(a)provide, in accordance with directions in the notice, any information, verified by statutory declaration, that is relevant to the investigation and is specified in the notice;
(b)produce, in accordance with directions in the notice, any records relevant to the investigation that are specified in the notice and permit examination of the records, the taking of extracts from them and the making of copies of them;
(c)authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b);
(d)give the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person from other persons.
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 subsection.
36YNotice to reduce relevant interest
(1)The Commission may give written notice under this section to a person who has acquired a relevant interest referred to in section 36U(1) if—
(a)the person acquired the relevant interest without the approval of the Commission referred to in section 36U(2); or
(b)the person acquired the relevant interest in accordance with the approval of the Commission referred to in section 36U(2) but the Commission is satisfied that the person does not remain a suitable person to hold the relevant interest.
(2)The notice may require the person to reduce the person's relevant interest to what it was before the acquisition to which the notice relates within the time specified in the notice or the other time as agreed with the Commission.
(3)A person to whom a notice is given under this section must comply with the notice.
Penalty:480 penalty units.
(4)On the application of the Commission, the Supreme Court may make any order it thinks appropriate to enforce compliance by a person with a notice under this section, including an order that a person dispose of shares or other securities within a specified time.
36ZCosts of investigations
(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 carrying out—
(a)an investigation for the purposes of determining an application under section 36V for approval to acquire a relevant interest; or
(b)an investigation under section 36X to determine whether a person who has a acquired a relevant interest remains a suitable person to hold the relevant interest.
(2)The person is—
(a)in relation to subsection (1)(a), the person who applied for approval; or
(b)in relation to subsection (1)(b), the person who acquired the relevant interest.
(3)An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.
36ZAEstablishing who holds relevant interests
(1)The Commission, by written notice, may direct a casino operator or a holding company of a casino operator to—
(a)take reasonable steps to identify the persons who have acquired a relevant interest in the casino operator or a holding company of the casino operator and the nature and extent of the relevant interest; and
(b)give the Commission written notice of the following—
(i)the name of each person so identified;
(ii)the name of the company in which the person's relevant interest has been acquired;
(iii)the nature and extent of the relevant interest.
(2)It is a condition of a casino licence that the casino operator or a holding company of the casino operator complies with a direction of the Commission under subsection (1).
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.
Division 3—Corporate governance
36ZBCasino operator to have independent board
(1)It is a condition of a casino licence that the majority of directors of the casino operator are persons—
(a)who are free of any interest, position or relationship that might influence, or reasonably be perceived to influence, in a material respect their capacity to bring an independent judgement to bear on issues before the directors; and
(b)who are free to act in the best interests of the operator as a whole rather than those of an individual security holder or other person; and
(c)who are not connected in any way with any holding company of the operator.
(2)It is a condition of a casino licence that the casino operator does not, or the directors of the casino operator do not, delegate a prescribed function of the operator or directors to any person other than—
(a)the members of a subcommittee of directors; or
(b)one or more individual directors.
36ZCCasino operator to have independent senior management
It is a condition of a casino licence that—
(a)the casino operator must have, during the prescribed periods, persons employed or appointed on a full time basis as senior executives in the prescribed categories; and
(b)a senior executive referred to in paragraph (a) does not report to, or take instructions from, any person other than the directors or an officer of the operator.".
23Commission may require further information
In section 42(1)(d) of the Casino Control Act 1991, for "his or her associates or relations" substitute "those who have an association with the person".
24Termination of employment on suspension or cancellation of licence
In section 55(1) of the Casino Control Act 1991, for "an associate of" (where twice occurring) substitute "a person who has an association with".
Division 3—Amendments relating to manager of casino
25New section 21A inserted
Before section 22 of the Casino Control Act 1991 insert—
"21A Definitions
In this Division—
casino operator, in the case of a casino licence that has been cancelled or surrendered, means the person who formerly held the licence;
managed property means property referred to in section 22(6)(b) and (ba)(ii);
manager, in relation to a casino, means a manager of the casino appointed under section 22;
property includes real and personal property.".
26Appointment of a manager if licence cancelled or suspended
(1)Insert the following heading to section 22 of the Casino Control Act 1991—
"Appointment of manager if licence suspended, cancelled or surrendered".
(2)In section 22(1) of the Casino Control Act 1991 omit "for the purposes of this section".
(3)In section 22(6) of the Casino Control Act 1991—
(a)in paragraph (a), for "deemed" substitute "taken";
(b)at the end of paragraph (a) insert "and";
(c)in paragraph (b), for "may retain for use in the casino any property of the casino operator" substitute "all the property and affairs of the casino operator in relation to casino operations";
(d)after paragraph (b) insert—
"(ba)has authority to—
(i)conduct casino operations under the licence taken to be held under paragraph (a); and
(ii)manage the property and affairs of the casino operator in relation to those casino operations; and";
(e)in paragraph (d), for "operator" substitute "casino operator or an officer of the casino operator";
(f)in paragraph (e), for "casino." substitute "casino; and";
(g)after paragraph (e) insert—
"(f)may sell or otherwise dispose of any managed property and pay the net proceeds to the person entitled to them; and
(g)is taken to be the agent of the casino operator in connection with, or for the purpose of dealing with, any managed property and any contracts or other legal rights and liabilities under the control, management or responsibility of the manager under this section.".
(4)For section 22(8) of the Casino Control Act 1991 substitute—
"(8)If an administrator or liquidator is appointed under the Corporations Act for a casino operator while the appointment of a manager is in effect, the manager ceases to have the control and management of managed property, and to act as agent of the operator, on that appointment.".
27New sections 22A to 22E inserted
After section 22 of the Casino Control Act 1991 insert—
"22A Application of net earnings of casino under management
(1)The net earnings of a casino while operations in the casino are being conducted by a manager are to be applied as follows—
(a)first, a fair rate of return on the managed property is to be paid to the casino operator;
(b)secondly, amounts approved by the Commission to defray the reasonable costs and expenses of the manager, including remuneration, are payable from the net earnings;
(c)thirdly, any remaining balance is to be paid into the Consolidated Fund or to the casino operator, at the direction of the Commission.
(2)If the balance of the net earnings of a casino after payment of a fair rate of return under subsection (1)(a) is insufficient to pay the costs and expenses of the manager referred to in subsection (1)(b), the manager may recover the remainder of those costs and expenses from the casino operator in a court of competent jurisdiction as a debt.
22BIndemnity for manager
(1)Any liabilities incurred in good faith by a manager in the exercise of the manager's functions under section 22 are to be met from managed property.
(2)If the managed property is insufficient to meet the liabilities referred to in that subsection, the State must indemnify the manager for those liabilities to the extent of the insufficiency.
22CObligations of casino operator
(1)If a manager of a casino is appointed, the casino operator must—
(a)use its best endeavours to facilitate the conduct of casino operations by the manager; and
(b)without limiting paragraph (a), allow the manager and any staff or agent of the manager to enter and remain in the casino and any other premises owned or occupied by the casino operator as required by the manager to conduct casino operations.
Penalty:120 penalty units.
(2)If a casino operator commits an offence against subsection (1), an officer of the operator also commits an offence against that subsection 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.
(3)Without limiting any other defence available to the officer, an officer may rely on a defence that would be available to the 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.
(4)An officer may commit an offence against subsection (1) whether or not the casino operator has been prosecuted for, or found guilty of, an offence against that subsection.
(5)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.
22DLimit on third party rights
(1)During the period of appointment of a manager of a casino, a person other than the manager is not entitled, without the prior written approval of the Commission, to—
(a)enforce any security interest in managed property; or
(b)take or enter into possession of managed property; or
(c)levy execution on any judgment obtained against the casino operator.
(2)No right to compensation enforceable against the manager, the casino operator, the Commission or the State arises in relation to—
(a)the operation of subsection (1); or
(b)the refusal of the Commission to give approval under that subsection.
(3)Managed property is declared to be an excluded matter for the purposes of section 259 of the Personal Property Securities Act 2009 of the Commonwealth in relation to the whole of that Act.
(4)Subsections (1) and (3) cease to apply if an administrator or liquidator is appointed under the Corporations Act for the casino operator.
(5)In this section—
security interest has the meaning given in section 51A of the Corporations Act.
22ECorporations legislation displacement
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 provisions of Part 5.2 of that Act.
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 specified in the State law with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.".
Division 4—Amendments relating to excluding persons from casinos
28Definitions
In section 3(1) of the Casino Control Act 1991 insert the following definition—
"temporary exclusion order means an order given under section 76A;".
29Duration of exclusion orders
In section 75 of the Casino Control Act 1991, for "An exclusion order" substitute "Subject to section 72(1A), an exclusion order under section 72 or 74".
30New sections 76A to 76C inserted
After section 76 of the Casino Control Act 1991 insert—
"76A Temporary exclusion orders
(1)A casino employee or the Commission may orally give an order to a person prohibiting the person from entering or remaining in a casino for the period of not less than 15 minutes and not more than 24 hours stated in the order.
(2)A temporary exclusion order lapses at the expiry of the period stated in it under subsection (1).
(3)This section does not authorise the exclusion from a casino of an inspector or other authorised person, or a police officer.
76BExcluded person not to enter casino or casino complex—operator offence
(1)If a person the subject of an exclusion order under section 72 or a temporary exclusion order relating to a casino, or a person the subject of an interstate exclusion order, enters or remains in the casino, the casino operator or the person for the time being in charge of the casino is guilty of an offence and liable to a penalty not exceeding 120 penalty units.
(2)If a person the subject of an exclusion order under section 74 relating to a casino or the casino complex enters or remains in the casino or the casino complex, the casino operator or the person for the time being in charge of the casino or the casino complex is guilty of an offence and liable to a penalty not exceeding 120 penalty units.
(3)Subsection (1) or (2) does not apply if the casino operator or the person for the time being in charge of a casino or the casino complex has taken all reasonable steps to prevent persons the subject of an exclusion order under section 72 or 74, a temporary exclusion order or an interstate exclusion order, as the case requires, from entering or remaining in the casino or the casino complex.
(4)For the purposes of this section, a person for the time being in charge of a casino does not include a manager appointed under section 22.
76CExcluded person not to gamble in casino—operator offence
If a person the subject of an exclusion order under section 72 or 74 or a temporary exclusion order relating to a casino, or a person the subject of an interstate exclusion order, plays a game in the casino, the casino operator is guilty of an offence and liable to a penalty not exceeding 240 penalty units.".
31Excluded person not to enter casino or casino complex
(1)In the heading to section 77 of the Casino Control Act 1991, after "complex" insert
"—excluded person offence".
(2)After section 77(1) of the Casino Control Act 1991 insert—
"(1A)Subsection (1) does not apply to a person who is subject to an exclusion order given to the person on the voluntary application of the person under section 72(2A).".
(3)After section 77(3) of the Casino Control Act 1991 insert—
"(4)A person the subject of a temporary exclusion order relating to a casino must not enter or remain in the casino.
Penalty:20 penalty units.".
32Removal of excluded persons from casino
In section 78(2) and (4)(a) of the Casino Control Act 1991, after "section 72" insert "or a temporary exclusion order".
33New section 78C inserted
After section 78B of the Casino Control Act 1991 insert—
"78C No issue of player card to excluded persons
A casino operator must not issue a player card to a person who is the subject of an exclusion order under section 72 or 74, a temporary exclusion order or an interstate exclusion order.
Penalty:240 penalty units.".
Division 5—Amendments relating to carded play, cashless gaming, pre-commitment and other matters
34Definitions
(1)In section 3(1) of the Casino Control Act 1991—
(a)insert the following definitions—
"cashless gaming account means an account established for a person to facilitate the use of a non-cash gaming token for gaming in a casino;
deposit account means an account established for a person under section 68(3);
money includes bank notes, cheques, drafts provided by an ADI, non-cash gaming tokens and any order, warrant, commission or request for the payment, collection or receipt of money;
non-cash gaming token has the same meaning as in the Gambling Regulation Act 2003;";
(b)for the definition of chips substitute—
"chips means any tokens, other than non‑cash gaming tokens, used instead of money for the purpose of gaming;".
(2)In section 3(1) of the Casino Control Act 1991 insert the following definition—
"player card means a card that stores information and that—
(a)can be used to identify a person to whom it is issued (the player); and
(b)can be used by the player to apply a time limit or net loss limit to their playing of games in a casino; and
(c)may also be capable of being used by the player to track their playing of games in a casino for the purposes of a loyalty scheme;".
35Commission to define casino premises
After section 17(4) of the Casino Control Act 1991 insert—
"(5)The Commission must publish a copy of each notice given under subsection (4) in the Government Gazette and on its website as soon as practicable after the notice is given to the casino operator.".
36New section 62C inserted
After section 62B of the Casino Control Act 1991 insert—
"62C Mandatory pre-commitment
(1)This section applies on and after 1 December 2025 or the earlier day declared by the Minister under subsection (3), if a direction is in force under section 3.8A.2 of the Gambling Regulation Act 2003 providing for a pre-commitment system in relation to the playing of gaming machines in a casino.
(2)The casino operator must not allow a person ordinarily resident in Australia to play a game on a gaming machine in the casino unless—
(a)an account has been established for the person for the purposes of the pre‑commitment system; and
(b)the pre-commitment system sets a limit or limits, or requires the person to set a limit or limits, in accordance with the regulations.
Penalty:120 penalty units.
(3)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section applies.
(4)The Minister may declare different days in relation to different types of games or different types of gaming machines.".
37Conduct of gaming
After section 64(4) of the Casino Control Act 1991 insert—
"(5)This section is subject to section 64A.".
38New section 64A inserted
After section 64 of the Casino Control Act 1991 insert—
"64A Cashless gaming requirements
(1)On and after 1 December 2025 or the earlier day declared by the Minister under subsection (3), a casino operator must not accept more than $1000 in cash from a person in any 24 hour period for the purpose of gaming in the casino, including in exchange for the issue of non-cash gaming tokens or chips.
Penalty:240 penalty units.
Note
See section 81AAB(1) in relation to paying winnings or accumulated credits of more than $1000 in any 24 hour period.
(2)On and after 1 December 2025 or the earlier day declared by the Minister under subsection (3), a casino operator must comply with any requirements of the regulations, the technical standards and the operational requirements that relate to the conduct of gaming involving non‑cash gaming tokens in the casino.
Penalty:240 penalty units.
(3)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section applies.
(4)The Minister may declare different days—
(a)in relation to different types of gaming; and
(b)for the purposes of subsections (1) and (2).
(5)In this section—
operational requirements means requirements determined by the Commission under section 10.1.5C of the Gambling Regulation Act 2003;
technical standards means standards made by the Commission under section 3.5.3, 10.1.5A or 10.1.5B of the Gambling Regulation Act 2003.".
39Credit etc.
In section 68(3)(a) of the Casino Control Act 1991, after "money" insert "other than cash".
40New section 68A inserted
After section 68 of the Casino Control Act 1991 insert—
"68A Prohibition on credit facilities relating to cashless gaming
A casino operator must not provide, or allow a person to provide, facilities by which a credit account can be used—
(a)to obtain a non-cash gaming token; or
(b)to increase the value of a non-cash gaming token.
Penalty:60 penalty units.".
41New Division 3A inserted in Part 5
After Division 3 of Part 5 of the Casino Control Act 1991 insert—
"Division 3A—Carded play
71AApplication of Division
(1)This Division applies on and after 1 December 2025 or the earlier day declared by the Minister under subsection (2).
(2)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this Division applies.
(3)The Minister may declare different days—
(a)in relation to different types of games; and
(b)for the purposes of different provisions of this Division.
71BIssue of player cards
(1)A casino operator must not issue a player card to a person unless the casino operator has verified the person's identity in accordance with the regulations.
Penalty:600 penalty units.
(2)A person must not give any information that is false or misleading in a material particular to a casino operator or casino employee for the purpose of, or in connection with, obtaining a player card.
Penalty:60 penalty units.
71CCarded play mandatory
(1)A casino operator must not allow a game to be played in the casino other than by the use of a player card that meets the prescribed requirements and specifications.
Penalty:120 penalty units.
(2)A person must not play a game in the casino other than by the use of a player card that meets the prescribed requirements and specifications.
Penalty:20 penalty units.
71DRequirement to join or participate in loyalty scheme for carded play prohibited
(1)A casino operator must not require a person to join or participate in a loyalty scheme before issuing a player card to the person.
Penalty:120 penalty units.
(2)A casino operator must not require a person to be a participant in a loyalty scheme while using a player card to play a game in the casino.
Penalty:120 penalty units.
(3)In this section—
loyalty scheme has the same meaning as in section 1.3(1) of the Gambling Regulation Act 2003.
71EPlayer activity statements
(1)A casino operator must not allow a person to play a game in the casino unless—
(a)the casino operator has given the person a written statement that complies with the prescribed requirements; and
(b)the person has agreed to receive player activity statements relating to the playing of games in the casino.
Penalty:60 penalty units.
(2)A casino operator must provide each active player with player activity statements in accordance with the regulations.
Penalty:20 penalty units.
(3)If an active player elects to collect a player activity statement in the casino, the casino operator must, within 7 days after the statement is prepared, send the player, by post, fax, email or other electronic communication, notice that the statement is available for collection.
Penalty:20 penalty units.
(4)A notice under subsection (3) must advise the active player of the provisions of subsection (5).
(5)If an active player does not collect their player activity statement within 3 months after the day on which notice of the availability of the statement is sent to the player under subsection (3), the casino operator must not allow the player to accrue any bonus, loyalty or reward points from playing games in the casino until the player collects the statement.
Penalty:20 penalty units.
(6)If an active player requests an additional copy of a player activity statement, the casino operator must provide it to the player free of charge.
(7)In this section—
active player means a person who played a game in a casino using a player card during the statement period of a player activity statement to be provided in accordance with subsection (2).".
42Possession of certain things prohibited
In section 80(2) of the Casino Control Act 1991—
(a)for "his or her" substitute "the person's";
(b)for paragraph (a) substitute—
"(a)chips or non-cash gaming tokens that the person knows are bogus or counterfeit; or";
(c)in paragraph (b), for "he or she" substitute "the person".
43Payment of winnings by cheque or electronic funds transfer
(1)For the heading to section 81AAB of the Casino Control Act 1991 substitute—
"Payment of winnings".
(2)Before section 81AAB(1) of the Casino Control Act 1991 insert—
"(1AA)A casino operator must not pay winnings or accumulated credits exceeding $1000 in any 24 hour period to a person from playing games in the casino unless the casino operator first verifies the person's identity in accordance with the regulations.
Penalty:240 penalty units.".
(3)In section 81AAB(1) of the Casino Control Act 1991, for "winnings or accumulated credits exceeding $2000 from a gaming machine to a person" substitute "to a person winnings or accumulated credits exceeding $1000 in any 24 hour period from playing games in the casino".
(4)In the penalty at the foot of section 81AAB(1) of the Casino Control Act 1991, for "50" substitute "240".
(5)Section 81AAB(2) of the Casino Control Act 1991 is repealed.
44Banking
(1)In section 123(2) of the Casino Control Act 1991, for "that section" substitute "that subsection".
(2)After section 123(3) of the Casino Control Act 1991 insert—
"(3A)A casino operator must not accept a deposit of funds into an account established for a person by the operator in any form other than—
(a)a transfer from an account held in the name of the person with an ADI or with a financial institution outside Australia; or
(b)a cheque (within the meaning of section 68(1)); or
(c)a traveller's cheque.
Penalty:120 penalty units.
(3B)If funds in a form other than a form permitted by subsection (3A) are deposited into an account established for a person by a casino operator, the operator must as soon as practicable remit those funds to the person from whom they were received.
Penalty:120 penalty units.".
45Section 124 substituted
For section 124 of the Casino Control Act 1991 substitute—
"124 Record-keeping
(1)A casino operator must keep, in accordance with subsection (2), the accounting records necessary to correctly record and explain the transactions and financial position of the operations of the casino.
Penalty:50 penalty units.
(2)The accounting records—
(a)must be kept in a manner that will enable true and fair financial statements and accounts to be prepared from time to time and for those statements and accounts to be conveniently and properly audited; and
(b)must comply with any prescribed requirements.".
46Forgery and impersonation
For section 153B(a) and (b) of the Casino Control Act 1991 substitute—
"(a)forge or counterfeit—
(i)chips or non-cash gaming tokens; or
(ii)a chip or non-cash gaming token purchase voucher, a licence under this Act or a special employee's form of identification; or
(b)knowingly utter—
(i)counterfeit chips or non-cash gaming tokens; or
(ii)a forged or counterfeit chip or non-cash gaming token purchase voucher, a licence under this Act or a special employee's form of identification; or".
47Regulations
(1)After section 167(1)(c) of the Casino Control Act 1991 insert—
"(ca)the conduct of gaming in a casino that involves non‑cash gaming tokens, including—
(i)any matter relevant to those tokens or the conduct of that gaming; and
(ii)technical standards for those tokens or equipment and systems that relate to those tokens or that gaming; and
(iii)other restrictions relating to those tokens or the equipment and systems referred to in subparagraph (ii), including restrictions on where the equipment may be installed; and
(iv)restrictions that may be imposed in relation to those tokens and that gaming to foster responsible gambling; and
(v)the interaction between the equipment and systems referred to in paragraph (ii) and—
(A)a loyalty scheme; or
(B)a pre-commitment system;".
(2)After section 167(1)(d) of the Casino Control Act 1991 insert—
"(da)requirements relating to player cards and identity verification, including—
(i)procedures for linking a playing card issued or to be issued to a person to their identity and for verifying that identity; and
(ii)the requirements or specifications for player cards; and
(iii)procedures for applying for and issuing player cards; and
(iv)restrictions on the issuing of playing cards; and
(v)requirements for verifying a person's identity before paying winnings to them; and
(vi)the displaying of signs in the casino in relation to identity verification; and
(vii)the collection, storage, use and disclosure of information provided for the purpose of identity verification;
(db)requirements related to carded play in a casino, including—
(i)technical standards for carded play or equipment and systems that relate to carded play; and
(ii)the collection, storage, use and disclosure of data through carded play; and
(iii)information to be provided to players; and
(iv)the provision of player activity statements in relation to carded play, including the frequency, form, content and manner of provision of those statements;
(dc)requirements related to pre-commitment in relation to the playing of gaming machines in a casino, including—
(i)requirements in relation to the setting of time limits or net loss limits or both, including mandatory limits and default limits; and
(ii)the consequences and options for a person once a time limit or net loss limit is reached;
(dd)harm minimisation in relation to gaming in a casino, including—
(i)responsible gambling and anti-money laundering checks for deposits above specified amounts in cashless gaming accounts; and
(ii)the setting of deposit limits, debiting limits and load-up limits for using funds in cashless gaming accounts for gaming; and
(iii)providing for delays in the crediting of deposits to cashless gaming accounts; and
(iv)limiting amounts that can be activated from cashless gaming accounts for gaming;".
(3)After section 167(1)(f) of the Casino Control Act 1991 insert—
"(fa)in relation to a casino operator that is a company—
(i)prescribing functions of the operator or directors of the operator for the purposes of section 36ZB(2);
(ii)prescribing categories of senior executives for the purposes of section 36ZC;
(iii)prescribing periods during which the operator must employ or appoint senior executives for the purposes of section 36ZC;".
(4)After section 167(1)(k) of the Casino Control Act 1991 insert—
"(ka)accounts kept and maintained under section 123(1), including—
(i)record-keeping requirements in relation to transactions on an account; and
(ii)customer identification requirements; and
(iii)requirements for automating
record-keeping and the detection of suspicious activity and for providing automated reports to the Commission; and
(iv)restricting the types of account from which funds may be transferred to an account; and
(v)training requirements for casino employees in relation to record-keeping and detecting suspicious activity;".
(5)After section 167(1)(lb) of the Casino Control Act 1991 insert—
"(lc)the exclusion of persons from a casino, including—
(i)requirements and procedures for checking whether a person seeking to enter a casino is excluded from entry; and
(ii)requirements in relation to cashless gaming accounts and deposit accounts of excluded persons; and
(iii)training requirements for casino employees in relation to the exclusion of persons from a casino;".
Part 3—Amendment of Casino (Management Agreement) Act 1993
48New section 7C inserted
After section 7B of the Casino (Management Agreement) Act 1993 insert—
'7C Variation of Agreement—junkets
(1)Despite anything to the contrary in this Act or the Agreement—
(a)the Agreement is varied on the commencement of this section by deleting "or a junket" (where first occurring) and "or a junket player (as the case may be)" in the definition of "Commission Based Player" in clause 2, as inserted by the second Deed of Variation and ratified by section 6B; and
(b)the definition of "Commission Based Player" in clause 2 of the Agreement, as it takes effect under section 6B, is amended on the commencement of this section by omitting—
(i)"or a junket" (where first occurring); and
(ii)"or a junket player (as the case may be)".
(2)On and after the commencement of this section, the State has, and can have, no liability to any person, whether under clause 4 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 section 48 of the Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022; or
(b)the variation of the Agreement by subsection (1)(a) and the amendments made by subsection (1)(b).
(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.'.
49New section 7D inserted
Before section 8 of the Casino (Management Agreement) Act 1993 insert—
'7D Variation of Agreement—Melbourne Casino Sublease Area
(1)Despite anything to the contrary in this Act or the Agreement—
(a)clause 26 of the Agreement, as ratified by section 6, is varied on the commencement of this section by—
(i)deleting "Melbourne Casino" in clauses 26.5(a), (c), (e), (f) (where secondly occurring), (g) and (i), 26.6(a), (c), (d) and (e) and 26.7 and substituting "Melbourne Casino Sublease Area"; and
(ii)adding the following clause as clause 26.9—
'26.9In this clause—
"Melbourne Casino Sublease Area" means the area within the boundaries of the casino to which this Agreement relates as determined and varied from time to time under section 17 of the Casino Control Act.';
(b)clause 26 of the Agreement, as it takes effect under section 6, is amended on the commencement of this section by—
(i)for "Melbourne Casino" in clauses 26.5(a), (c), (e), (f) (where secondly occurring), (g) and (i), 26.6(a), (c), (d) and (e) and 26.7 substituting "Melbourne Casino Sublease Area"; and
(ii)inserting the following after clause 26.8—
'26.9In this clause—
"Melbourne Casino Sublease Area" means the area within the boundaries of the casino to which this Agreement relates as determined and varied from time to time under section 17 of the Casino Control Act.'.
(2)On and after the commencement of this section, the State has, and can have, no liability to any person, whether under clause 4 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 section 49 of the Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022; or
(b)the variation of the Agreement by subsection (1)(a) and the amendments made by subsection (1)(b).
(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.'.
50Taxes and charges
After section 11(3) of the Casino (Management Agreement) Act 1993 insert—
"(3A)For the avoidance of doubt, sections 112B and 112C of the Principal Act apply to the Melbourne Casino Operator.
Note
Sections 112B and 112C of the Principal Act provide for payment of a supervision charge by a casino operator.".
Part 4—Amendment of Gambling Regulation Act 2003
51Definitions
In section 1.3(1) of the Gambling Regulation Act 2003, for the definition of player card substitute—
"player card means a card that stores information and that—
(a)may be used to identify a person to whom it is issued (the player); and
(b)may be used by the player to apply a time limit or net loss limit to their playing of gaming machines; and
(c)may also be capable of being used by the player to track their playing of gaming machines for the purposes of a loyalty scheme;".
52Preconditions for allowing participation in loyalty scheme
(1)In section 3.5.36(2) of the Gambling Regulation Act 2003—
(a)in paragraph (b), for "scheme." substitute "scheme; and";
(b)after paragraph (b) insert—
"(c)to the extent that the loyalty scheme relates to the playing of gaming machines in the casino—
(i)an account has been established for the person for the purposes of the pre-commitment system and that account is linked to the person's player card; and
(ii)any gaming machine played under the loyalty scheme is played using a player card to which the account is linked.".
(2)After section 3.5.36(2) of the Gambling Regulation Act 2003 insert—
"(3)A casino operator must not allow a person to accrue any bonus, loyalty or reward points on a player card from playing a game on a gaming machine in the casino unless the player card is linked to an account established for the person for the purposes of the pre-commitment system.
Penalty:60 penalty units.
(4)Subsections (2) and (3) do not apply at any time on or after 1 December 2025 or the earlier day declared by the Minister under subsection (5).
(5)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which subsections (2) and (3) do not apply.
(6)The Minister may declare different days in relation to different types of games or different types of gaming machines.".
53Player activity statements—active participants
After section 3.5.37(4) of the Gambling Regulation Act 2003 insert—
"(5)This section does not apply at any time on or after 1 December 2025, or the earlier day declared by the Minister under subsection (6), in relation to a loyalty scheme provider who is a casino operator.
(6)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section does not apply in relation to a loyalty scheme provider who is a casino operator.
(7)The Minister may declare different days in relation to different types of games or different types of gaming machines.".
54Player activity statements—participants who are not active participants
After section 3.5.37A(2) of the Gambling Regulation Act 2003 insert—
"(3)This section does not apply at any time on or after 1 December 2025, or the earlier day declared by the Minister under subsection (4), in relation to a loyalty scheme provider who is a casino operator.
(4)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section does not apply in relation to a loyalty scheme provider who is a casino operator.
(5)The Minister may declare different days in relation to different types of games or different types of gaming machines.".
55Suspension of person who fails to collect their player activity statement
(1)In section 3.5.38(1) of the Gambling Regulation Act 2003—
(a)for "This section" substitute "Subject to subsection (5), this section";
(b)for "his or her" substitute "their".
(2)For section 3.5.38(2) of the Gambling Regulation Act 2003 substitute—
"(2)If an active participant does not collect their player activity statement within 3 months after the day on which notice of the availability of the statement is sent to the participant under section 3.5.37(2), the loyalty scheme provider must suspend the participant from accruing any bonus, loyalty or reward points from playing gaming machines under the scheme until the participant—
(a)collects the statement; or
(b)elects to receive the statement by another method.
Penalty:20 penalty units.".
(3)In section 3.5.38 of the Gambling Regulation Act 2003—
(a)subsection (3) is repealed;
(b)in subsection (4), for "or removed from a loyalty scheme under this section" substitute "under subsection (2)".
(4)After section 3.5.38(4) of the Gambling Regulation Act 2003 insert—
"(5)This section does not apply at any time on or after 1 December 2025, or the earlier day declared by the Minister under subsection (6), in relation to a loyalty scheme provider who is a casino operator.
(6)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section does not apply in relation to a loyalty scheme provider who is a casino operator.
(7)The Minister may declare different days in relation to different types of games or different types of gaming machines.".
56Opting out of loyalty schemes
After section 3.5.39(1) of the Gambling Regulation Act 2003 insert—
"(1A)A loyalty scheme provider must include the prescribed information (if any) in a notice sent under subsection (1).
Penalty:20 penalty units.".
57No advertising to people suspended or removed from loyalty schemes
After section 3.5.40(3) of the Gambling Regulation Act 2003 insert—
"(4)For the purposes of this section, information relating to pre-commitment is not advertising or promotional material relating to gaming.".
58New section 3.5.41A inserted
After section 3.5.41 of the Gambling Regulation Act 2003 insert—
"3.5.41A Casino loyalty scheme information for data-matching purposes
(1)This section applies in relation to a loyalty scheme conducted at a casino, if a direction is in force under section 3.8A.2 of the Gambling Regulation Act 2003 providing for a pre-commitment system that applies in relation to the playing of gaming machines in the casino.
(2)The Minister may from time to time direct the loyalty scheme provider or casino operator to provide information derived from the loyalty scheme to the Minister or the Commission for the purpose of enabling the reconciliation of loyalty scheme information with information in relation to the pre‑commitment system.
(3)A loyalty scheme provider must comply with a direction given under subsection (2).
Penalty:20 penalty units.
(4)To avoid doubt, information that may be the subject of a direction under subsection (2) includes information that identifies, or is capable of identifying, a person who is or was a participant in the loyalty scheme.".
59Definitions for Part 8A of Chapter 3
In section 3.8A.1 of the Gambling Regulation Act 2003, the definition of player card is repealed.
60New section 3.8A.31 inserted
After section 3.8A.30 of the Gambling Regulation Act 2003 insert—
"3.8A.31 Disclosure in relation to compliance
A regulated person within the meaning of section 10.1.29 may disclose pre‑commitment information relating to the compliance or non-compliance by a venue operator or casino operator with—
(a)this Act or the Casino Control Act 1991; or
(b)regulations made under this Act or the Casino Control Act 1991.".
61Subject matter for regulations
(1)In item 3.26 of Schedule 1 to the Gambling Regulation Act 2003—
(a)in paragraph (a), after "scheme" insert "and before or on leaving the scheme";
(b)after paragraph (a) insert—
"(ab)information that must be included in a notice sent under section 3.5.39(1);".
(2)In item 3.26B of Schedule 1 to the Gambling Regulation Act 2003—
(a)in paragraph (h), for "cards." substitute "cards;";
(b)after paragraph (h) insert—
"(i)measures and incentives to promote, and encourage the take-up of, pre‑commitment, including requiring a venue operator or casino operator to allocate funds to pre-commitment promotional campaigns.".
62Statute law revision
In section 4.3A.39A(3)(a) of the Gambling Regulation Act 2003, for "licence" substitute "licence;".
Part 5—Amendment of Tobacco Act 1987
63Definitions
In section 3 of the Tobacco Act 1987 the definitions of declared smoking area and high roller room are repealed.
64Declared smoking areas in casinos
Section 3E of the Tobacco Act 1987 is repealed.
65Enclosed workplaces: offence by smoker
Section 5A(2)(d) of the Tobacco Act 1987 is repealed.
66Casinos: no smoking signs
In section 5K(1) of the Tobacco Act 1987 omit ", other than a declared smoking area,".
67Statute law revision
In the Tobacco Act 1987—
(a)in section 5C(1A)(b), for "2.1 metres" substitute "2·1 metres";
(b)in item 13B of the Schedule, for "section 6(2AC))" substitute "section 6(2AC)".
Part 6—Repeal of this Act
68Repeal of this Act
This Act is repealed on 1 August 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: 4 August 2022
Legislative Council: 1 September 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Casino Control Act 1991, the Casino (Management Agreement) Act 1993, the Gambling Regulation Act 2003 and the Tobacco Act 1987 to implement recommendations of the Royal Commission into the Casino Operator and Licence and other gambling reforms and for other purposes."
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