Gambling and Liquor Legislation Amendment Act 2022 (Vic)
Gambling and Liquor Legislation Amendment Act 2022
No. 28 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Casino Control Act 1991
Division 1—Amendments commencing on day after Royal Assent
3Definitions
4Person licensed under Gambling Regulation Act 2003
5Conduct of gaming
6Credit etc.
7Approval of betting competitions
8Content of approved system
9Banking
Division 2—Other amendments
10Definitions
11Licensed casinos declared lawful
12Conduct of gaming
13Payment of winnings and cashing of cheques
14Content of approved system
Part 3—Amendment of Gambling Regulation Act 2003
Division 1—Amendments commencing on day after Royal Assent
15Definitions
16Conduct of gaming and playing gaming machines
17Application of Chapter to tabaret premises
18Possession of gaming equipment or monitoring equipment may be authorised
19Restrictions for the monitoring licensee and related persons
20Repeal of obsolete provisions regarding gaming operators
21Authority conferred by listing on the Roll
22Offence to breach licence conditions
23Further repeal of obsolete provisions regarding gaming operators
24Definitions for Division 4 of Part 4 of Chapter 3
25Licence may authorise preparatory action
26Application to be listed on Roll
27Payments etc. to venue operator unlawful
28Requirement to hold gaming machine entitlements
29Related agreements must be entered into before gaming machine entitlement may be transferred
30Exemption from requirement to pay for transfer related to refusal to grant relevant authority
31Exemption from requirement to pay for transfer related to sale of approved venue
32Gaming machine contracts to be approved by Commission
33Commission's standards for gaming machine types and games
34Variation of gaming machine types and games
35Withdrawal of approval
36Identification of machines
37Gaming prohibited on unprotected devices
38Testing of electronic monitoring system
39Approval of electronic monitoring system
40Installation and storage of gaming machines
41Certificates of installation—gaming equipment and monitoring equipment
42Gaming machines must be connected to approved electronic monitoring system
43Malfunction of gaming machines
44Defective gaming machines not allowed
45Commission may give directions
46Inducements, cheating etc.
47Responsible gaming measures
48Credit etc.
49Payment of accumulated credits by cheque or electronic funds transfer
50Prohibition on publishing gaming machine advertising by or on behalf of gaming operators
51Prohibition on publishing gaming machine advertising by others
52Returns to players
53Repeal of obsolete sections regarding gaming operators
54Community benefit statements
55Interest on late payment
56Hospitals and charities and mental health levy
57Payment to Community Support Fund
58Compliance requirements—definition
59Compliance requirements—application of Part
60Banking
61Accounting records
62Books etc. to be kept on the premises
63Directions to gaming operator to provide information etc.
64No compensation payable
65Direction to monitoring licensee
66Legacy monitoring systems
67Declared operator of gaming operator's licence
68Prohibition on recovery of costs of investigating persons on Roll or their associates
69Injunctions to prevent contraventions etc.
70Purpose of Chapter 4
71Definitions for Chapter 4
72Exemption of totalisators
73Wagering and approved betting competitions
74Approval of totalisator equipment
75Totalisator or approved betting competition not to be conducted without rules
76Licensee to make betting rules
77Disallowance of betting rules or betting exchange rules
78Commission may direct wagering and betting licensee to deal with certain bets
79Wagering licence and gaming licence
80Issue of licence
81Duration of licence
82Grounds for disciplinary action
83Disciplinary and other action against wagering and betting licensee—preparatory action
84Offences by the wagering and betting licensee as operator of betting exchange
85Directions to provide information
86Directions to licensees
87Racing industry and licensee
88Commissions
89Dividends
90Commissions—totalisators
91Dividends
92Licensee to pay charge
93Wagering and betting licensee to pay charge
94Unclaimed refunds, dividends and prizes
95Offences relating to totalisators and approved betting competitions
96Tickets purportedly issued by licensee
97Offence related to payment of dividends or prizes
98Inducements, cheating etc.
99Offence to extend credit etc.
100Application of Division 1 of Part 8 of Chapter 4
101Banking
102Accounts
103Books etc. to be kept on the premises
104Audit of books, accounts and financial statements
105Submission of reports
106Competition and Consumer Act and Competition Code
107Conduct of trade promotion lotteries
108Application for licence—bingo centre operators
109Functions of Commission
110Definitions for Part 2A of Chapter 10
111Functions and powers of Review Panel
112Application of Division 1 of Part 4 of Chapter 10
113Investigation of application
114Photographs, finger prints and palm prints
115Police inquiry and report
116Commission may require further information etc.
117Updating of application
118Costs of investigating applications
119Information gathering for law enforcement purposes
120Search and seizure powers under section 2.6.2 not affected
121Definition for Division 2 of Part 6 of Chapter 10
122Definitions for Part 7 of Chapter 10
123Tattersall's
124Subject matter for regulations
125New Part 39 inserted in Schedule 7
Division 2—Repeal of interactive gaming provisions
126Chapter 7 repealed
127Amendments consequential on repeal of Chapter 7
Division 3—Amendments relating to gaming machine jackpots
128Definitions for Chapter 3
129New Division 7 of Part 5 of Chapter 3 inserted
130Section 3.6.1B repealed
131Standards relating to certain matters
132Operational requirements
Division 4—Amendments relating to unclaimed prizes
133Unclaimed refunds, dividends and prizes—wagering and betting
134Unclaimed prizes—public lotteries
135Unclaimed prizes—keno
Division 5—Amendments prohibiting online community and charitable gaming
136What does a minor gaming permit authorise?
137New section 8.4.2AA inserted
138New section 8.4.7B inserted
Division 6—Miscellaneous amendments
139Prohibited interests in gaming machine entitlements
140Payment of accumulated credits by cheque or electronic funds transfer
141Gambling by intoxicated persons prohibited
142Permit not required for raffle where prize value $5000 or less
143New section 8.2.3A inserted
144Definitions for Part 7 of Chapter 10
145Offences in respect of allowing a minor to gamble
Part 4—Amendment of Liquor Control Reform Act 1998
146Definitions
147Where supply occurs if off-premises request made
148Where supply occurs if order placed online
149What are the categories of licences and permits that may be issued under this Act?
150General licence
151Restaurant and cafe licence
152Club licence
153Packaged liquor licence
154Late night licence
155Change of name of online-only vendor packaged liquor licence
156Producer's licence
157Licence conditions—supply of liquor through online orders
158Section 21B substituted
159Criminal liability of officers or bodies corporate—accessorial liability
160Section 58AB substituted
161Plan of premises to be retained and produced for inspection
162Corporate licensee must provide details of directors
163Taking orders for liquor at unlicensed premises
164Written notice for delivery of liquor supplied online
165Person must not deliver liquor supplied online to intoxicated persons
166Keeping liquor in unlicensed club
167False or misleading statements
168Supplying liquor to minors
169Allowing minors on licensed or authorised premises
170Power to serve an infringement notice
171Offence to contravene banning notice or fail to comply with police directions
172Offence to contravene exclusion order or fail to comply with police directions
173Savings and transitional provisions
174Schedule 6—Transitional provisions—Liquor Control Reform Amendment Act 2021
175New Schedule 7 inserted
Part 5—Repeal of this Act
176Repeal of this Act
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Endnotes
1 General information
Gambling and Liquor Legislation Amendment Act 2022
No. 28 of 2022
[Assented to 28 June 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Casino Control Act 1991—
(i)to permit casino operators to pay winnings by electronic funds transfer; and
(ii)for miscellaneous purposes; and
(b)to amend the Gambling Regulation Act 2003—
(i)to remove obsolete provisions and references; and
(ii)to repeal provisions relating to interactive gaming; and
(iii)in relation to gaming machine jackpots; and
(iv)to increase the time for dealing with unclaimed prizes from 6 months to 12 months; and
(v)to prohibit online community and charitable gaming; and
(vi)for miscellaneous purposes; and
(c)to amend the Liquor Control Reform Act 1998—
(i)to remove obsolete provisions and references; and
(ii)to authorise certain licence categories to supply liquor through all forms of remote ordering; and
(iii)to amend and rename the online-only vendor packaged liquor licence category; and
(iv)to expand provisions applicable during a state of emergency to include when a pandemic declaration is in force.
2Commencement
(1)This Part and Division 1 of Parts 2 and 3 come into operation on the day after 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 10 March 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
3Definitions
In section 3(1) of the Casino Control Act 1991, the definitions of authorised deposit-taking institution and gaming operator are repealed.
4Person licensed under Gambling Regulation Act 2003
In section 45A(2)(b) of the Casino Control Act 1991 omit ", gaming operator".
5Conduct of gaming
In section 64(1)(g)(iii) of the Casino Control Act 1991, for "authorised deposit-taking institution" substitute "ADI".
6Credit etc.
In section 68 of the Casino Control Act 1991—
(a)in subsection (1), in paragraph (a) of the definition of cheque, for "authorised deposit-taking institution" substitute "ADI";
(b)in subsection (7)(a), for "authorised deposit-taking institution" substitute "ADI".
7Approval of betting competitions
In section 81A(3) of the Casino Control Act 1991—
(a)in paragraph (a), for "holder of the wagering licence or the wagering operator" substitute "wagering and betting licensee or the wagering and betting operator";
(b)in paragraph (d) omit "club".
8Content of approved system
In section 122(1)(k) of the Casino Control Act 1991, for "authorised deposit-taking institution" (where twice occurring) substitute "ADI".
9Banking
In section 123 of the Casino Control Act 1991, for "authorised deposit-taking institution" (wherever occurring) substitute "ADI".
Division 2—Other amendments
10Definitions
In section 3(1) of the Casino Control Act 1991, for the definition of gaming equipment substitute—
"gaming equipment means any device or thing (including chips) used, or capable of being used, for or in connection with gaming and includes—
(a)a gaming machine; and
(b)linked jackpot equipment; and
(c)an electronic monitoring system; and
(d)a part of, or replacement part for, any such machine, equipment or system;".
11Licensed casinos declared lawful
In section 6(3)(b) of the Casino Control Act 1991, after "cheque or" insert "an electronic funds transfer or".
12Conduct of gaming
In section 64(1) of the Casino Control Act 1991—
(a)in paragraph (f), for "cash or cheque" substitute "cash, cheque or electronic funds transfer";
(b)for paragraph (g)(iii) substitute—
"(iii)chips, or chip purchase vouchers issued by the casino operator, must be redeemed (for a value equivalent to their value) for money or, at the option of the operator—
(A)by electronic funds transfer; or
(B)for a cheque made payable to the patron and drawn on an ADI approved by the Commission;".
13Payment of winnings and cashing of cheques
(1)In the heading to section 81AAB of the Casino Control Act 1991, for "and cashing of cheques" substitute "by cheque or electronic funds transfer".
(2)In section 81AAB(1) of the Casino Control Act 1991, for "by cheque" substitute "in accordance with subsection (3) or (5)".
(3)In section 81AAB(3) of the Casino Control Act 1991, after "cheque" insert "that is not payable to cash".
(4)After section 81AAB(4) of the Casino Control Act 1991 insert—
"(5)A casino operator must—
(a)at the request of a person, pay out any winnings or accumulated credits from a gaming machine to the person by electronic funds transfer; and
(b)if at least $2000 is to be transferred, ensure that those funds are not transferred until 24 hours after the request.
Penalty:50 penalty units.
(6)Subsection (5) does not apply to a casino operator who does not have the facilities to make the electronic funds transfer described in that subsection.".
14Content of approved system
In section 122(1)(e) of the Casino Control Act 1991, after "cheques," insert "the payment of winnings by electronic funds transfers,".
Part 3—Amendment of Gambling Regulation Act 2003
Division 1—Amendments commencing on day after Royal Assent
15Definitions
In section 1.3(1) of the Gambling Regulation Act 2003—
(a)in the definition of gambling industry participant, paragraphs (c) and (l) are repealed;
(b)in the definition of key operative, paragraphs (a) and (b) are repealed;
(c)in the definition of money, for "Commission" substitute "commission";
(d)in the definition of person, for ", a partnership and the Trustees" substitute "and a partnership";
(e)in the definition of subsidiary, in paragraph (b) omit "(including the Trustees)";
(f)in the definition of wholly-owned subsidiary, paragraph (b) is repealed;
(g)the definitions of declared operator, gaming licence, gaming operator, gaming operator's licence, related entity, Trustees, wagering licence and wagering operator are repealed.
16Conduct of gaming and playing gaming machines
In section 3.1.4(3) of the Gambling Regulation Act 2003 omit "a gaming operator,".
17Application of Chapter to tabaret premises
Section 3.1.6 of the Gambling Regulation Act 2003 is repealed.
18Possession of gaming equipment or monitoring equipment may be authorised
Section 3.2.2(2A) and (2AB) of the Gambling Regulation Act 2003 are repealed.
19Restrictions for the monitoring licensee and related persons
In section 3.2A.5(2)(b)(ii) of the Gambling Regulation Act 2003, for "3.4.5(c), (d) or (e)" substitute "3.4.5(c) (other than anything referred to in section 3.4.5(c)(i) or (ia))".
20Repeal of obsolete provisions regarding gaming operators
Sections 3.4.1(1)(a), 3.4.1A, 3.4.2, 3.4.3 and 3.4.4A of the Gambling Regulation Act 2003 are repealed.
21Authority conferred by listing on the Roll
In section 3.4.5(c) of the Gambling Regulation Act 2003—
(a)subparagraph (ii) is repealed;
(b)in subparagraph (iii) omit "or gaming operators";
(c)in subparagraph (v) omit "the holder of the wagering licence, the wagering operator,".
22Offence to breach licence conditions
In section 3.4.6 of the Gambling Regulation Act 2003 omit "or a gaming operator's licence".
23Further repeal of obsolete provisions regarding gaming operators
Section 3.4.9 and Divisions 3 and 3B of Part 4 of Chapter 3 of the Gambling Regulation Act 2003 are repealed.
24Definitions for Division 4 of Part 4 of Chapter 3
In section 3.4.38 of the Gambling Regulation Act 2003, in the definition of monitoring services provider, for "3.4.59LG." substitute "3.4.59LG;".
25Licence may authorise preparatory action
In section 3.4.52(6) of the Gambling Regulation Act 2003—
(a)the definition of current gaming monitoring activities is repealed;
(b)in the definition of preparatory action omit "(other than current gaming monitoring activities)".
26Application to be listed on Roll
In section 3.4.61(1)(c) of the Gambling Regulation Act 2003—
(a)subparagraph (iii) is repealed;
(b)in subparagraph (iiib), after "licensee" insert "or the wagering and betting operator".
27Payments etc. to venue operator unlawful
In section 3.4.68 of the Gambling Regulation Act 2003—
(a)in subsection (1)—
(ii)omit "(other than a gaming operator)";
(ii)for "person, must" substitute "person must";
(b)in subsection (2) omit "(other than a gaming operator)".
28Requirement to hold gaming machine entitlements
In section 3.4A.1(1) of the Gambling Regulation Act 2003—
(a)in paragraph (b), for "subject; and" substitute "subject.";
(b)paragraph (c) is repealed.
29Related agreements must be entered into before gaming machine entitlement may be transferred
Section 3.4A.17A of the Gambling Regulation Act 2003 is repealed.
30Exemption from requirement to pay for transfer related to refusal to grant relevant authority
In section 3.4A.19(1) of the Gambling Regulation Act 2003, for "or (4)" substitute "or (3)".
31Exemption from requirement to pay for transfer related to sale of approved venue
In section 3.4A.19A(1) of the Gambling Regulation Act 2003, for "or (4)" substitute "or (3)".
32Gaming machine contracts to be approved by Commission
Section 3.5.2 of the Gambling Regulation Act 2003 is repealed.
33Commission's standards for gaming machine types and games
Section 3.5.3(2)(b) of the Gambling Regulation Act 2003 is repealed.
34Variation of gaming machine types and games
In section 3.5.5(5) of the Gambling Regulation Act 2003, for "A gaming operator, entitlement holder or casino operator" substitute "An entitlement holder or a casino operator".
35Withdrawal of approval
In section 3.5.6 of the Gambling Regulation Act 2003—
(a)in subsection (2)(b) omit ", gaming operators";
(b)in subsection (3), for "a gaming operator, entitlement holder or casino operator" substitute "an entitlement holder or a casino operator";
(c)in subsections (4) and (5)—
(i)for "a gaming operator, entitlement holder or casino operator" substitute "an entitlement holder or a casino operator";
(ii)in paragraph (b) omit "gaming operator,".
36Identification of machines
In section 3.5.8(3) of the Gambling Regulation Act 2003, for "A gaming operator or entitlement holder" substitute "An entitlement holder".
37Gaming prohibited on unprotected devices
In section 3.5.9(1) of the Gambling Regulation Act 2003 omit "or gaming operator".
38Testing of electronic monitoring system
In section 3.5.12(2)(b) and (3) of the Gambling Regulation Act 2003 omit "a gaming operator or".
39Approval of electronic monitoring system
In section 3.5.13 of the Gambling Regulation Act 2003—
(a)in subsections (1) and (2), for "A gaming operator or the monitoring licensee" substitute "The monitoring licensee";
(b)in subsection (3) omit "a gaming operator or".
40Installation and storage of gaming machines
In section 3.5.15 of the Gambling Regulation Act 2003—
(a)subsection (1) is repealed;
(b)in subsection (2), for "A gaming operator or entitlement holder" substitute "An entitlement holder".
41Certificates of installation—gaming equipment and monitoring equipment
In section 3.5.16(3), (4) and (5) of the Gambling Regulation Act 2003, for "A gaming operator or entitlement holder" substitute "An entitlement holder".
42Gaming machines must be connected to approved electronic monitoring system
Section 3.5.17A of the Gambling Regulation Act 2003 is repealed.
43Malfunction of gaming machines
In section 3.5.20 of the Gambling Regulation Act 2003—
(a)in subsection (1) omit ", gaming operator";
(b)in subsection (2) omit "and the relevant gaming operator";
(c)in subsection (3) omit "relevant gaming operator or".
44Defective gaming machines not allowed
In section 3.5.21(1) of the Gambling Regulation Act 2003 omit "or a gaming operator".
45Commission may give directions
In section 3.5.27(1) of the Gambling Regulation Act 2003 omit "a gaming operator or".
46Inducements, cheating etc.
In section 3.5.28(5) of the Gambling Regulation Act 2003, in the definition of relevant person, in paragraph (a) omit "a gaming operator,".
47Responsible gaming measures
In sections 3.5.29(1) and (2) and 3.5.30(1) of the Gambling Regulation Act 2003, for "A gaming operator or entitlement holder" substitute "An entitlement holder".
48Credit etc.
Section 3.5.31(b) of the Gambling Regulation Act 2003 is repealed.
49Payment of accumulated credits by cheque or electronic funds transfer
In section 3.5.33(1) and (2) of the Gambling Regulation Act 2003 omit "or gaming operator".
50Prohibition on publishing gaming machine advertising by or on behalf of gaming operators
Section 3.5.34AB of the Gambling Regulation Act 2003 is repealed.
51Prohibition on publishing gaming machine advertising by others
For section 3.5.34(1AA) of the Gambling Regulation Act 2003 substitute—
"(1AA)This section does not apply to—
(a)a venue operator or casino operator; or
(b)a person acting on behalf of a venue operator or casino operator.".
52Returns to players
In section 3.6.1(1) of the Gambling Regulation Act 2003, for "A gaming operator or a venue operator who holds a gaming machine entitlement" substitute "An entitlement holder".
53Repeal of obsolete sections regarding gaming operators
Sections 3.6.1A, 3.6.3, 3.6.3A, 3.6.4, 3.6.5, 3.6.6 and 3.6.7 of the Gambling Regulation Act 2003 are repealed.
54Community benefit statements
In section 3.6.9(2)(b)(iii) of the Gambling Regulation Act 2003—
(a)for "a gaming operator" substitute "the venue operator";
(b)omit "in respect of the venue operator".
55Interest on late payment
(1)In section 3.6.10(1) of the Gambling Regulation Act 2003—
(a)paragraph (a) is repealed;
(b)in paragraph (b) omit "a gaming operator or";
(c)omit ", gaming operator".
(2)In section 3.6.10(2) of the Gambling Regulation Act 2003—
(a)omit "Treasurer or the";
(b)omit "Treasurer or" (where secondly occurring).
56Hospitals and charities and mental health levy
In section 3.6.11(1) of the Gambling Regulation Act 2003 omit "the amount paid to the Consolidated Fund under section 3.6.6(2)(d) and".
57Payment to Community Support Fund
In section 3.6.12 of the Gambling Regulation Act 2003—
(a)in subsection (1) omit "the amount paid to the Consolidated Fund under section 3.6.6(2)(c) in respect of each period referred to in that section and";
(b)subsection (1A) is repealed;
(c)in subsection (2), for "Subject to subsection (1A), the" substitute "The".
58Compliance requirements—definition
Section 3.7.1 of the Gambling Regulation Act 2003 is repealed.
59Compliance requirements—application of Part
In section 3.7.2(2) of the Gambling Regulation Act 2003, for "an operator" substitute "a venue operator".
60Banking
In section 3.7.3(1) of the Gambling Regulation Act 2003—
(a)for "an operator" substitute "a venue operator";
(b)in paragraph (a), for "the operator" substitute "the venue operator".
61Accounting records
In section 3.7.4 of the Gambling Regulation Act 2003—
(a)in subsection (1)—
(i)for "An operator" substitute "A venue operator";
(ii)for "the operator" substitute "the venue operator";
(b)in subsection (2)—
(i)for "An operator" substitute "A venue operator";
(ii)in paragraph (b) omit "in the case of a venue operator,";
(c)in subsection (3)—
(i)for "An operator" substitute "A venue operator";
(ii)for "the operator" substitute "the venue operator".
62Books etc. to be kept on the premises
(1)In section 3.7.5(1) of the Gambling Regulation Act 2003—
(a)for "An operator" substitute "A venue operator";
(b)for paragraph (a) substitute—
"(a)kept at the approved venue; and".
(2)In section 3.7.5(2) of the Gambling Regulation Act 2003, for "an operator" substitute "a venue operator".
63Directions to gaming operator to provide information etc.
Section 3.7.6A of the Gambling Regulation Act 2003 is repealed.
64No compensation payable
In section 3.7.6C of the Gambling Regulation Act 2003, for "3.7.6A or 3.7.6B or in compliance with a direction under either of those sections" substitute "3.7.6B or in compliance with a direction under that section".
65Direction to monitoring licensee
In section 3.7.6D(4)(b) of the Gambling Regulation Act 2003 omit "3.7.6A,".
66Legacy monitoring systems
Part 8 of Chapter 3 of the Gambling Regulation Act 2003 is repealed.
67Declared operator of gaming operator's licence
Division 1 of Part 9 of Chapter 3 of the Gambling Regulation Act 2003 is repealed.
68Prohibition on recovery of costs of investigating persons on Roll or their associates
In section 3.9.4(1)(a) of the Gambling Regulation Act 2003, for "section 3.8.3" substitute "section 10.4A.12".
69Injunctions to prevent contraventions etc.
In section 3.9.6 of the Gambling Regulation Act 2003 omit "or a gaming operator".
70Purpose of Chapter 4
In section 4.1.1 of the Gambling Regulation Act 2003—
(a)paragraph (a)(i) is repealed;
(b)in paragraph (ac), for "fields; and" substitute "fields.";
(c)paragraph (b) is repealed.
71Definitions for Chapter 4
In section 4.1.2 of the Gambling Regulation Act 2003, the definitions of licensee and operator are repealed.
72Exemption of totalisators
Section 4.1.3(1), (2) and (3) of the Gambling Regulation Act 2003 are repealed.
73Wagering and approved betting competitions
In section 4.2.1(3) of the Gambling Regulation Act 2003 omit "the licensee or the wagering operator,".
74Approval of totalisator equipment
In section 4.2.3 of the Gambling Regulation Act 2003—
(a)in subsection (1) omit "licensee or wagering operator, the";
(b)in subsection (2) omit "licensee or an operator, the";
(c)in subsection (5) omit "the licensee or wagering operator,".
75Totalisator or approved betting competition not to be conducted without rules
In section 4.2.4(1) of the Gambling Regulation Act 2003 omit "licensee or the wagering operator or the".
76Licensee to make betting rules
In section 4.2.5 of the Gambling Regulation Act 2003—
(a)subsection (1) is repealed;
(b)in subsection (2) omit "(1)(d) or";
(c)in subsection (2A) omit "(1)(a) or";
(d)in subsection (5) omit "licensee and the";
(e)subsection (6) is repealed.
77Disallowance of betting rules or betting exchange rules
In section 4.2.6 of the Gambling Regulation Act 2003—
(a)in subsection (1) omit "licensee or the";
(b)in subsections (2) and (3), for "licensee or the wagering and betting licensee (as the case requires)" substitute "wagering and betting licensee".
78Commission may direct wagering and betting licensee to deal with certain bets
In the heading to section 4.2.7 of the Gambling Regulation Act 2003 omit "wagering and betting".
79Wagering licence and gaming licence
Part 3 of Chapter 4 of the Gambling Regulation Act 2003 is repealed.
80Issue of licence
Section 4.3A.8(2) and (3) of the Gambling Regulation Act 2003 are repealed.
81Duration of licence
For section 4.3A.11(1)(b) of the Gambling Regulation Act 2003 substitute—
"(b)is valid for the term specified in the licence, unless terminated earlier in accordance with this Chapter or extended under this section.".
82Grounds for disciplinary action
In section 4.3A.26 of the Gambling Regulation Act 2003—
(a)in paragraphs (a) and (b), for "operator" substitute "wagering and betting operator";
(b)in paragraph (c), for "operator" (where first occurring) substitute "wagering and betting operator";
(c)in paragraphs (d) and (e), for "operator" substitute "wagering and betting operator";
(d)in paragraph (f), for "operator" (where first occurring) substitute "wagering and betting operator";
(e)in paragraphs (g) and (i), for "operator" substitute "wagering and betting operator".
83Disciplinary and other action against wagering and betting licensee—preparatory action
In the heading to section 4.3A.30A of the Gambling Regulation Act 2003 omit "wagering and betting".
84Offences by the wagering and betting licensee as operator of betting exchange
In the heading to section 4.3A.34G of the Gambling Regulation Act 2003 omit "wagering and betting".
85Directions to provide information
In section 4.3A.39A of the Gambling Regulation Act 2003—
(a)in subsection (1), for "operator" (where first occurring) substitute "wagering and betting operator";
(b)in subsection (2), for "A wagering and betting licensee or operator" substitute "The wagering and betting licensee or wagering and betting operator";
(c)in subsection (3)—
(i)for "either or both" substitute "any";
(ii)in paragraph (b), for "a wagering and betting licence" substitute "the wagering and betting licence".
86Directions to licensees
(1)In the heading to section 4.3A.39B of the Gambling Regulation Act 2003, after "licensees" insert "or operators".
(2)In section 4.3A.39B(1) of the Gambling Regulation Act 2003, for "operator" (where first occurring) substitute "wagering and betting operator".
87Racing industry and licensee
In section 4.4.7 of the Gambling Regulation Act 2003, for "wagering licence" substitute "wagering and betting licence".
88Commissions
(1)In the heading to section 4.6.1 of the Gambling Regulation Act 2003, after "Commissions" insert "—wagering".
(2)Section 4.6.1(1) of the Gambling Regulation Act 2003 is repealed.
89Dividends
(1)In the heading to section 4.6.2 of the Gambling Regulation Act 2003, after "Dividends" insert "—wagering".
(2)Section 4.6.2(1), (2) and (3) of the Gambling Regulation Act 2003 are repealed.
90Commissions—totalisators
(1)In the heading to section 4.6.4 of the Gambling Regulation Act 2003, for "totalisators" substitute "approved betting competitions".
(2)Section 4.6.4(1) of the Gambling Regulation Act 2003 is repealed.
91Dividends
(1)In the heading to section 4.6.5 of the Gambling Regulation Act 2003, after "Dividends" insert "—approved betting competitions".
(2)Section 4.6.5(1), (2) and (3) of the Gambling Regulation Act 2003 are repealed.
92Licensee to pay charge
Section 4.6.7 of the Gambling Regulation Act 2003 is repealed.
93Wagering and betting licensee to pay charge
In the heading to section 4.6.7A of the Gambling Regulation Act 2003, for "Wagering and betting licensee" substitute "Licensee".
94Unclaimed refunds, dividends and prizes
In section 4.6.9 of the Gambling Regulation Act 2003—
(a)subsection (1) is repealed;
(b)in subsection (2) omit "(1) or".
95Offences relating to totalisators and approved betting competitions
In section 4.7.2 of the Gambling Regulation Act 2003—
(a)in subsection (1), for "licensee or wagering operator, the wagering and betting licensee" substitute "wagering and betting licensee, the wagering and betting operator";
(b)in subsection (4)—
(i)for "licensee or wagering operator, the wagering and betting licensee or a permit holder in the wagering or approved betting competition business conducted by the licensee, wagering operator, wagering and betting licensee" substitute "wagering and betting licensee, the wagering and betting operator or a permit holder in the wagering or approved betting competition business conducted by the wagering and betting licensee, wagering and betting operator";
(ii)in paragraph (d), for "licensee or an operator or the wagering and betting licensee" substitute "wagering and betting licensee or the wagering and betting operator".
96Tickets purportedly issued by licensee
In section 4.7.3 of the Gambling Regulation Act 2003—
(a)in subsection (1)—
(i)in paragraph (a), for "licensee or wagering operator, the wagering and betting licensee" substitute "wagering and betting licensee, the wagering and betting operator";
(ii)in paragraph (b), for "licensee, wagering operator, wagering and betting licensee or" substitute "wagering and betting licensee, the wagering and betting operator or a";
(iii)for "licensee, wagering operator, wagering and betting licensee" (where secondly occurring) substitute "wagering and betting licensee, wagering and betting operator";
(b)in subsection (2), for "licensee or wagering operator, the wagering and betting licensee" substitute "wagering and betting licensee, the wagering and betting operator".
97Offence related to payment of dividends or prizes
In section 4.7.4 of the Gambling Regulation Act 2003, for "licensee or wagering operator, of the wagering and betting licensee" substitute "wagering and betting licensee, of the wagering and betting operator".
98Inducements, cheating etc.
In section 4.7.5(3) of the Gambling Regulation Act 2003, for the definition of relevant person substitute—
"relevant person means—
(a)the wagering and betting licensee, the wagering and betting operator or a permit holder; or
(b)an associate of the wagering and betting licensee, the wagering and betting operator or a permit holder; or
(c)a person acting on behalf of the wagering and betting licensee, the wagering and betting operator or a permit holder.".
99Offence to extend credit etc.
In section 4.7.6 of the Gambling Regulation Act 2003—
(a)for "licensee or wagering operator, the wagering and betting licensee or a permit holder, or an agent or employee of the licensee or wagering operator, wagering and betting licensee" substitute "wagering and betting licensee or a permit holder or an agent or employee of the wagering and betting licensee";
(b)in paragraph (b) omit "or gaming".
100Application of Division 1 of Part 8 of Chapter 4
In section 4.8.1 of the Gambling Regulation Act 2003 omit "wagering operator,".
101Banking
In section 4.8.2 of the Gambling Regulation Act 2003—
(a)subsection (1) is repealed;
(b)in subsection (3), for "subsection (1)" substitute "subsection (1A)".
102Accounts
In section 4.8.3 of the Gambling Regulation Act 2003—
(a)subsection (1) is repealed;
(b)in subsection (4) omit "wagering operator, the" (where twice occurring).
103Books etc. to be kept on the premises
In section 4.8.4 of the Gambling Regulation Act 2003—
(a)subsection (1) is repealed;
(b)in subsection (3) omit "wagering operator,".
104Audit of books, accounts and financial statements
In section 4.8.5 of the Gambling Regulation Act 2003—
(a)subsection (1) is repealed;
(b)in subsections (3), (3A) and (4) omit "wagering operator," (wherever occurring);
(c)subsection (5) is repealed.
105Submission of reports
In section 4.8.6 of the Gambling Regulation Act 2003—
(a)subsection (1) is repealed;
(b)in subsection (4) omit "the wagering operator,".
106Competition and Consumer Act and Competition Code
In section 4.9.1(1) of the Gambling Regulation Act 2003—
(a)in paragraph (b), for "a wagering licence, wagering and betting licence" substitute "the wagering and betting licence";
(b)in paragraphs (c), (d) and (e) omit "4.3.8(2),".
107Conduct of trade promotion lotteries
For section 5.7.2(2)(b)(ii)(B) of the Gambling Regulation Act 2003 substitute—
"(B)must agree to receive any gaming machine advertising from a venue operator or casino operator or a person acting on behalf of a venue operator or casino operator.".
108Application for licence—bingo centre operators
In section 8.5.2(2) of the Gambling Regulation Act 2003—
(a)in paragraph (a)—
(i)omit "or gaming operator";
(ii)omit "or gaming operator's licence";
(b)in paragraph (b) omit "or a gaming operator".
109Functions of Commission
In section 10.1.4(2)(f) of the Gambling Regulation Act 2003, after "wagering" insert "and betting".
110Definitions for Part 2A of Chapter 10
In section 10.2A.1 of the Gambling Regulation Act 2003—
(a)for the definition of authorisation and licensing process substitute—
"authorisation and licensing process means—
(a)the process for the authorisation and licensing of gaming machines, wagering, approved betting competitions, public lotteries and keno games; and
(b)the licensing process for the monitoring of gaming machines;";
(b)the definitions of current gambling licences, current gaming operator's licence, current public lottery licence, current wagering and gaming licences and other gambling activities are repealed;
(c)for the definition of regulatory review substitute—
"regulatory review means the review by one or more relevant entities of the regulatory structure and associated arrangements for—
(a)the operation and monitoring of gaming machines; and
(b)the operation of wagering; and
(c)the operation of approved betting competitions; and
(d)the operation of keno; and
(e)the funding of the racing industry;".
111Functions and powers of Review Panel
Section 10.2A.3(4) and (5) of the Gambling Regulation Act 2003 are repealed.
112Application of Division 1 of Part 4 of Chapter 10
Section 10.4.1(c)(ii), (iii) and (v) of the Gambling Regulation Act 2003 are repealed.
113Investigation of application
Section 10.4.2(2)(b), (f), (g) and (h) of the Gambling Regulation Act 2003 are repealed.
114Photographs, finger prints and palm prints
Section 10.4.3(3)(b), (f), (g) and (h) of the Gambling Regulation Act 2003 are repealed.
115Police inquiry and report
Section 10.4.4(3)(b), (f), (g) and (h) of the Gambling Regulation Act 2003 are repealed.
116Commission may require further information etc.
Section 10.4.5(3)(d), (e) and (f) of the Gambling Regulation Act 2003 are repealed.
117Updating of application
Section 10.4.6(5)(a), (h), (i) and (j) of the Gambling Regulation Act 2003 are repealed.
118Costs of investigating applications
In section 10.4.7(3) of the Gambling Regulation Act 2003—
(a)for "may by" substitute "may be";
(b)for "the Crown" substitute "the State".
119Information gathering for law enforcement purposes
In section 10.4.11(7) of the Gambling Regulation Act 2003, in the definition of regulated person, paragraphs (b) and (d) are repealed.
120Search and seizure powers under section 2.6.2 not affected
Section 10.5.14A of the Gambling Regulation Act 2003 is repealed.
121Definition for Division 2 of Part 6 of Chapter 10
In section 10.6.5 of the Gambling Regulation Act 2003, in the definition of relevant person—
(a)paragraphs (b) and (c) are repealed;
(b)in paragraph (da), for "licensee." substitute "licensee;".
122Definitions for Part 7 of Chapter 10
In section 10.7.1(1) of the Gambling Regulation Act 2003, in the definition of gambling provider, paragraphs (a) and (f) are repealed.
123Tattersall's
Part 3 of Chapter 12 of the Gambling Regulation Act 2003 is repealed.
124Subject matter for regulations
In Schedule 1 to the Gambling Regulation Act 2003—
(a)in clause 3.1 omit "and any company declared under section 3.9.1 to be an operator in relation to a gaming operator's licence";
(b)clauses 3.2 and 3.9 are repealed;
(c)in clause 3.14 omit "gaming operators and";
(d)in clause 3.18 omit "or gaming operators";
(e)clauses 3.29 and 3.30 are repealed.
125New Part 39 inserted in Schedule 7
At the end of Schedule 7 to the Gambling Regulation Act 2003 insert—
"Part 39—Gambling and Liquor Legislation Amendment Act 2022
39.1Duration of existing wagering and betting licence
The amendment of section 4.3A.11 by section 81 of the Gambling and Liquor Legislation Amendment Act 2022 does not apply to the wagering and betting licence that was in effect immediately before that commencement.
39.2Unclaimed dividends, refunds and prizes
Section 4.6.9(2) (as in force immediately before the commencement of section 94 of the Gambling and Liquor Legislation Amendment Act 2022) continues to apply on and after that commencement in relation to any amounts paid to the Treasurer before that commencement under section 4.6.9(1) (as in force immediately before that commencement).".
Division 2—Repeal of interactive gaming provisions
126Chapter 7 repealed
Chapter 7 of the Gambling Regulation Act 2003 is repealed.
127Amendments consequential on repeal of Chapter 7
In the Gambling Regulation Act 2003—
(a)section 1.1(3)(f) is repealed;
(b)in section 1.3(1), in the definition of gambling industry participant, paragraph (d) is repealed;
(c)in section 1.3(1), in the definition of gaming machine—
(i)in paragraph (c), for "Chapter 8; or" substitute "Chapter 8;";
(ii)paragraph (d) is repealed;
(d)in section 1.3(1)—
(i)the definitions of interactive game, interactive gaming equipment, interactive gaming licence and licensed provider are repealed;
(ii)in the definition of key operative, paragraph (g) is repealed;
(e)section 3.4.5(c)(vii) is repealed;
(f)in section 4.5.2—
(i)in paragraph (b), for "game; or" substitute "game.";
(ii)paragraph (c) is repealed;
(g)in section 8.1.2, in the definition of lucky envelope vending machine omit "or interactive gaming equipment that is used or intended to be used for the purposes of interactive games and not for gaming of any other kind";
(h)section 9A.1.2(1)(f) is repealed;
(i)in section 10.1.4(2)(f) omit "interactive gaming,";
(j)section 10.4.5(4)(a) is repealed;
(k)section 10.4.6(5)(c) is repealed;
(l)section 10.5.5(b) is repealed;
(m)in section 10.6.5, in the definition of relevant person—
(i)in paragraph (g), for "operator;" substitute "operator.";
(ii)paragraph (h) is repealed;
(n)in section 10.7.1(1)—
(i)in the definition of allow a minor to gamble, paragraph (i) is repealed;
(ii)in the definition of gamble, paragraph (f) is repealed;
(o)in section 10.7.1(1), in the definition of gambling provider—
(i)in paragraph (g), for "licensee; or" substitute "licensee.";
(ii)paragraph (h) is repealed.
Division 3—Amendments relating to gaming machine jackpots
128Definitions for Chapter 3
In section 3.1.2 of the Gambling Regulation Act 2003—
(a)insert the following definitions—
"jackpot special prize pool means the pool of funds contributed to a linked jackpot arrangement from the total amount wagered on gaming machines linked to the arrangement from which prizes won on the arrangement are paid;
Responsible Gambling Fund means the account established under section 19 of the Victorian Responsible Gambling Foundation Act 2011;
unpaid jackpot funds of a venue operator—
(a)in relation to a linked jackpot arrangement, means any funds remaining in a jackpot special prize pool after all prizes won on the linked jackpot arrangement have been paid; or
(b)in relation to a multiple venue linked jackpot arrangement, means the proportion of surplus funds returned to the venue operator under the terms of the jackpot financial administration services agreement and the linked jackpot trust account established under section 3.4.49A in relation to the arrangement;";
(b)for the definition of jackpot substitute—
"jackpot means a game or a feature that involves special prizes, as determined by the conditions of the game or feature, that are awarded based on the outcome of the game or a game-related event (such as a random event);";
(c)in the definition of linked jackpot arrangement, after "that are linked" insert "to the same jackpot".
129New Division 7 of Part 5 of Chapter 3 inserted
After Division 6 of Part 5 of Chapter 3 of the Gambling Regulation Act 2003 insert—
"Division 7—Jackpot funds
3.5.44Dealing with jackpot funds on retirement of jackpot
(1)Subject to sections 3.5.45 and 3.5.46, if a venue operator retires a linked jackpot arrangement operating in an approved venue, the venue operator must—
(a)within 60 days, allocate the balance (whether in surplus or deficit) of the jackpot special prize pool in relation to that arrangement to the jackpot special prize pool in relation to another linked jackpot arrangement operating in the approved venue; or
(b)within 7 days after the end of that 60‑day period, pay any unpaid jackpot funds to the Commission for payment into the Responsible Gambling Fund.
(2)For the purposes of this Division, a venue operator retires a linked jackpot arrangement if the jackpot in the arrangement ceases to operate and prizes are no longer available to be won by players.
3.5.45Transfer of unpaid jackpot funds on transfer of approved venue
(1)Immediately prior to the transfer of an approved venue from one venue operator (venue operator A) to another venue operator (venue operator B), venue operator A may transfer any unpaid jackpot funds in relation to a linked jackpot arrangement operated at the approved venue to venue operator B.
(2)At least 48 hours before transferring unpaid jackpot funds under subsection (1), venue operator A must give the Commission written notice—
(a)in the form approved by the Commission; and
(b)containing the information required by the Commission.
(3)Immediately after transfer of the approved venue, venue operator B must allocate the funds transferred under subsection (1) to a special prize pool in relation to a linked jackpot arrangement operated at the approved venue.
3.5.46Dealing with unpaid jackpot funds where venue operator ceases to hold licence or to operate gaming machines
(1)This section applies if a linked jackpot arrangement is retired because a person—
(a)ceases to hold a venue operator's licence; or
(b)ceases to hold gaming machine entitlements to conduct gaming at an approved venue.
(2)The person must, within 28 days, pay to the Commission for payment into the Responsible Gambling Fund any unpaid jackpot funds in relation to the linked jackpot arrangement less an amount transferred to another venue operator under section 3.5.45(1) (if any).
3.5.47Dealing with jackpots retired previously
(1)If a venue operator retired a linked jackpot arrangement before the commencement of this Division—
(a)the venue operator may, within 12 months after that commencement, allocate the balance (whether in surplus or deficit) of the jackpot special prize pool in relation to that arrangement to the jackpot special prize pool in relation to another linked jackpot arrangement operating in the approved venue; and
(b)within 7 days after the end of the period referred to in paragraph (a), the venue operator must pay any remaining unpaid jackpot funds in relation to the retired linked jackpot arrangement to the Commission for payment into the Responsible Gambling Fund.
(2)This section does not apply in relation to a linked jackpot arrangement that was retired before 16 August 2012.".
130Section 3.6.1B repealed
Section 3.6.1B of the Gambling Regulation Act 2003 is repealed.
131Standards relating to certain matters
For section 10.1.5B(1)(a) of the Gambling Regulation Act 2003 substitute—
"(a)linked jackpot arrangements and jackpot special prize pools, including—
(i)the allocation of the balances of jackpot special prize pools; and
(ii)the distribution of amounts across difference components of a jackpot special prize pool; and
(iii)transfers of unpaid jackpot funds between venue operators; and
(iv)the calculation of jackpot special prize pool balances for the purposes of section 3.5.47;".
132Operational requirements
For section 10.1.5C(1)(a) of the Gambling Regulation Act 2003 substitute—
"(a)linked jackpot arrangements and jackpot special prize pools, including—
(i)the allocation of the balances of jackpot special prize pools; and
(ii)the distribution of amounts across difference components of a jackpot special prize pool; and
(iii)transfers of unpaid jackpot funds between venue operators; and
(iv)the calculation of jackpot special prize pool balances for the purposes of section 3.5.47;".
Division 4—Amendments relating to unclaimed prizes
133Unclaimed refunds, dividends and prizes—wagering and betting
In section 4.6.9(1A) of the Gambling Regulation Act 2003, for "6 months" substitute "12 months".
134Unclaimed prizes—public lotteries
For section 5.5.9(1) of the Gambling Regulation Act 2003 substitute—
"(1)On or before the last day of each month (the payment month), a public lottery licensee must pay to the Treasurer an amount equal to the sum of all prizes won that have remained unpaid for not less than 12 months on the first day of that payment month less the expenses of the public lottery licensee reasonably incurred in searching for the persons entitled to those prizes.".
135Unclaimed prizes—keno
In section 6A.3.39D(1) of the Gambling Regulation Act 2003, for "6 months" substitute "12 months".
Division 5—Amendments prohibiting online community and charitable gaming
136What does a minor gaming permit authorise?
After section 8.3.14(2) of the Gambling Regulation Act 2003 insert—
"(3)A minor gaming permit does not authorise the holder of the permit to conduct a fundraising event either wholly or in part via a website or any other online platform or interface.".
137New section 8.4.2AA inserted
After section 8.4.2 of the Gambling Regulation Act 2003 insert—
"8.4.2AA Lucky envelopes must not be sold online
A person must not sell a lucky envelope via a website or any other online platform or interface.
Penalty:60 penalty units.".
138New section 8.4.7B inserted
After section 8.4.7A of the Gambling Regulation Act 2003 insert—
"8.4.7B Bingo must not be conducted online
(1)A person must not conduct a session of bingo via a website or any other online platform or interface.
Penalty:60 penalty units.
(2)A person must not sell a bingo ticket via a website or any other online platform or interface.
Penalty:60 penalty units.
(3)Subsection (1) or (2) does not apply to the conduct of a session of bingo or the sale of a bingo ticket via an electronic ticket device used by a player at the premises at which the bingo is conducted, including a device that has auto-marking functionality.".
Division 6—Miscellaneous amendments
139Prohibited interests in gaming machine entitlements
In section 3.2A.7(4) of the Gambling Regulation Act 2003—
(a)for "subsection (2)(b)" substitute "subsection (2)(a) or (b)";
(b)for "sections 3.4A.5(5) and 3.4A.5AA" substitute "section 3.4A.5AA".
140Payment of accumulated credits by cheque or electronic funds transfer
(1)For section 3.5.33(3) of the Gambling Regulation Act 2003 substitute—
"(3)A venue operator must—
(a)at the request of a person, pay out any accumulated credits from a gaming machine to the person by electronic funds transfer; and
(b)if at least $2000 is to be transferred, ensure that those funds are not transferred until at least 24 hours after the request.
Penalty:60 penalty units.".
(2)At the foot of section 3.5.33(4) of the Gambling Regulation Act 2003 insert—
"Note
See section 81AAB of the Casino Control Act 1991 in relation to the payment of winnings by cheque or electronic funds transfer by a casino operator.".
141Gambling by intoxicated persons prohibited
In section 4.7.7 of the Gambling Regulation Act 2003, for "holder of the wagering licence or the wagering operator" substitute "wagering and betting licensee or wagering and betting operator".
142Permit not required for raffle where prize value $5000 or less
In section 8.2.3 of the Gambling Regulation Act 2003—
(a)in paragraph (a), for "$5000" substitute "$20 000";
(b)at the foot of paragraph (a) insert—
"Note
The amount in paragraph (a) is subject to indexation—see section 8.2.3A.".
143New section 8.2.3A inserted
After section 8.2.3 of the Gambling Regulation Act 2003 insert—
"8.2.3A Indexation of threshold for minor gaming permit for raffles
(1)The amount in dollars specified in section 8.2.3(a) must be varied, in respect of the financial year beginning on 1 July 2023 and each subsequent financial year, in accordance with the formula—
where—
Ais the amount specified in section 8.2.3(a) or, if that amount has been varied in accordance with this section, that amount as last so varied;
Bis the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made;
Cis the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.
(2)An amount calculated under subsection (1) is to be rounded up or down to the nearest $10, with an amount that ends in 5 being rounded up.
Example
If the amount calculated is $24 673, it is rounded down to $24 670. If the amount calculated is $24 675, it is rounded up to $24 680.
(3)If a calculation under subsection (1) would have the effect of reducing the amount for the purposes of a financial year, the reduction does not take effect and the rate remains the same as for the previous financial year.".
144Definitions for Part 7 of Chapter 10
In section 10.7.1(1) of the Gambling Regulation Act 2003, in the definition of gambling provider—
(a)in paragraph (b), after "licensee" insert "or the wagering and betting operator";
(b)after paragraph (b) insert—
"(ba)an agent of the wagering and betting licensee or wagering and betting operator; or".
145Offences in respect of allowing a minor to gamble
In section 10.7.3(2) of the Gambling Regulation Act 2003, after "provider" insert "(other than an agent of the wagering and betting licensee or wagering and betting operator)".
Part 4—Amendment of Liquor Control Reform Act 1998
146Definitions
(1)In section 3(1) of the Liquor Control Reform Act 1998 insert the following definition—
"off-premises request means a request for the supply of liquor, whether made by mail, telephone, facsimile, internet or other electronic communication, by a person who is not on the licensee's licensed premises at the time the request is made;".
(2)In section 3(1) of the Liquor Control Reform Act 1998 insert the following definitions—
"emergency area, in relation to a state of emergency, means the area in which the state of emergency exists as specified in the declaration under section 198 of the Public Health and Wellbeing Act 2008;
pandemic declaration means a pandemic declaration made under section 165AB of the Public Health and Wellbeing Act 2008;
pandemic management area has the same meaning as in the Public Health and Wellbeing Act 2008;
state of emergency means a state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008;".
(3)In section 3(1) of the Liquor Control Reform Act 1998, in paragraph (c) of the definition of ordinary trading hours, for "an online-only vendor" substitute "a remote seller's".
147Where supply occurs if off-premises request made
For the example at the foot of section 3B of the Liquor Control Reform Act 1998 substitute—
"Examples
1 A customer requests the home delivery of a carton of beer by phone from the manager of premises licensed to supply liquor for consumption off the premises. The customer pays for the beer by providing credit card details over the phone. The manager selects the beer from the fridge and a staff member delivers the beer to the customer's house. In this scenario the beer is supplied to the customer at the fridge because that is where it was appropriated to the customer's request.
2 A customer requests a home delivery of a carton of beer from the licensee of a remote seller's packaged liquor licence. The licensee does not have a retail premises open to the public and the licensee's licensed premises is a warehouse where liquor is stored. The customer places and pays for the request online. A staff member of the licensee selects the beer from the licensee's warehouse and packs it into a box for delivery. In this scenario the beer is supplied to the customer at the warehouse because that is where it was appropriated to the customer's request.".
148Where supply occurs if order placed online
Section 3C of the Liquor Control Reform Act 1998 is repealed.
149What are the categories of licences and permits that may be issued under this Act?
In section 7(fa) of the Liquor Control Reform Act 1998, for "online-only vendor" substitute "remote seller's".
150General licence
In section 8 of the Liquor Control Reform Act 1998—
(a)in subsection (1)(d), for "by orders placed online" substitute "to a person who makes an off-premises request";
(b)in subsection (2)(cb), for "orders placed online" substitute "off-premises request";
(c)in subsection (2)(cc), for "orders placed online, the conditions set out in section 18C (supply of liquor through online orders)" substitute "off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made)".
151Restaurant and cafe licence
In section 9A of the Liquor Control Reform Act 1998—
(a)in subsection (1)(d), for "by orders placed online" substitute "to a person who makes an off-premises request";
(b)in subsection (2)(dc)(ii), for "orders placed online" substitute "off-premises request";
(c)in subsection (2)(dd), for "orders placed online, the conditions set out in section 18C (supply of liquor through online orders)" substitute "off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made)".
152Club licence
In section 10 of the Liquor Control Reform Act 1998—
(a)in subsection (2B), for "by orders placed online" substitute "who makes an off-premises request";
(b)in subsection (4A)(a), for "orders placed online" substitute "off-premises request";
(c)in subsection (4A)(b), for "orders placed online, the conditions set out in section 18C (supply of liquor through online orders)" substitute "off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made)".
153Packaged liquor licence
In section 11 of the Liquor Control Reform Act 1998—
(a)in subsection (2A), for "by orders placed online" substitute "to a person who makes an off-premises request";
(b)in subsection (3)(ca), for "orders placed online" substitute "off-premises request";
(c)in subsection (3)(cb), for "orders placed online, the conditions set out in section 18C (supply of liquor through online orders)" substitute "off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made)".
154Late night licence
In section 11A of the Liquor Control Reform Act 1998—
(a)in subsection (2)(d), for "by orders placed online" substitute "to a person who makes an off-premises request";
(b)in subsection (5)(db), for "orders placed online" substitute "off-premises request";
(c)in subsection (5)(dc), for "orders placed online, the conditions set out in section 18C (supply of liquor through online orders)" substitute "off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made)".
155Change of name of online-only vendor packaged liquor licence
(1)In the heading to section 11B of the Liquor Control Reform Act 1998, for "Online-only vendor" substitute "Remote seller's".
(2)For section 11B(1) of the Liquor Control Reform Act 1998 substitute—
"(1)A remote seller's packaged liquor licence authorises the licensee, on an off-premises request, to supply liquor on the licensed premises in sealed containers, bottles or cans—
(a)during ordinary trading hours; and
(b)at any time on Christmas Day or on Good Friday determined by the Commission and specified in the licence—
for consumption off the licensed premises.".
(3)In section 11B(2) of the Liquor Control Reform Act 1998—
(a)for "An online-only vendor" substitute "A remote seller's";
(b)in paragraph (c), for "through online orders" substitute "if off-premises request made".
156Producer's licence
In section 13 of the Liquor Control Reform Act 1998—
(a)in subsection (1)(d), for "by orders placed online" substitute "to a person who makes an off-premises request";
(b)in subsection (2)(ca), for "orders placed online" substitute "off-premises request";
(c)in subsection (2)(cb), for "orders placed online, the conditions set out in section 18C (supply of liquor through online orders)" substitute "off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made)".
157Licence conditions—supply of liquor through online orders
(1)In the heading to section 18C of the Liquor Control Reform Act 1998, for "through online orders" substitute "if off-premises request made".
(2)In section 18C(1) of the Liquor Control Reform Act 1998—
(a)for "the supply of liquor by orders placed online" substitute "a licensee to supply liquor to a person who makes an off-premises request";
(b)in paragraph (a)(ii), for "online ordering" substitute "off-premises requests";
(c)in paragraph (b), after "ordered" insert "or which directs customers to making an off-premises request";
(d)in paragraph (c), for "by orders placed online" substitute "made by an off-premises request".
(3)In section 18C(2) of the Liquor Control Reform Act 1998—
(a)for "by an order placed online" substitute "who makes an off-premises request";
(b)in paragraph (a), for "placed the order" substitute "makes the off-premises request";
(c)in paragraph (b), for "placed the order" (wherever occurring) substitute "made the off-premises request".
(4)In section 18C(3) of the Liquor Control Reform Act 1998, for "online orders" substitute "off‑premises requests".
(5)In section 18C(3A) of the Liquor Control Reform Act 1998, for "order for the supply of liquor is placed online by a person" substitute "off-premises request is made by a person for liquor".
(6)In section 18C(4) of the Liquor Control Reform Act 1998—
(a)for "by an order placed online that was not a gift supplied in accordance with subsection (3A), and that same person places a subsequent order" substitute "who made an off-premises request that was not a gift supplied in accordance with subsection (3A), and that same person places a subsequent off-premises request";
(b)in paragraph (a), for "placed the order" substitute "made the off-premises request";
(c)in paragraph (b), for "placed the order" substitute "made the off-premises request".
158Section 21B substituted
For section 21B of the Liquor Control Reform Act 1998 substitute—
"21B Supply of packaged liquor during state of emergency or when pandemic declaration is in force
(1)This section applies during a state of emergency or when a pandemic declaration is in force.
(2)Subject to subsection (3), the Minister, by Order published in the Government Gazette, may authorise a licensee or class of licensees whose licence does not ordinarily authorise the supply of packaged liquor to supply packaged liquor in accordance with the Order.
(3)An Order under subsection (2) applies only in relation to a licensee or class of licensees whose licensed premises is located within one or more emergency areas or the pandemic management area (as the case requires).
(4)The following are not required for any proposed Order that is to be made under subsection (2)—
(a)consultation under section 12C of the Subordinate Legislation Act 1994;
(b)the preparation of a regulatory impact statement under section 12E of the Subordinate Legislation Act 1994.
(5)The supply of packaged liquor by a licensee to whom an Order under subsection (2) applies is subject to the following conditions—
(a)that packaged liquor is supplied on the licensee's licensed premises for consumption off the licensee's licensed premises;
(b)that each transaction must be no more than—
(i)2 containers of wine not more than 750 millilitres capacity each; or
(ii)12 containers of beer, cider or pre‑mixed spirits not more than 375 millilitres capacity each; or
(iii)one container of wine not more than 750 millilitres capacity and 6 containers of beer, cider or pre‑mixed spirits not more than 375 millilitres capacity each.
(6)The Minister, at any time by Order published in the Government Gazette, may vary or revoke an Order under subsection (2).
(7)An Order under subsection (2) ceases to have effect on the earlier of—
(a)the state of emergency or the pandemic declaration that was in force at the time the Order was made ceasing to have effect; or
(b)its revocation under subsection (6).
(8)Despite subsection (7), if a pandemic declaration comes into force in the circumstances referred to in section 165CH of the Public Health and Wellbeing Act 2008 and an Order under subsection (2) was in effect immediately before in relation to the relevant state of emergency, the Order continues in relation to so much of each emergency area that is in the pandemic management area until the earlier of—
(a)the pandemic declaration ceasing to have effect; or
(b)the revocation of the Order under subsection (6).".
159Criminal liability of officers or bodies corporate—accessorial liability
Section 53A(2)(f) of the Liquor Control Reform Act 1998 is repealed.
160Section 58AB substituted
For section 58AB of the Liquor Control Reform Act 1998 substitute—
"58AB Variation of licence or BYO permit during state of emergency or when pandemic declaration is in force
(1)Subject to subsection (2), the Commission, at its own initiative, may vary a licence or BYO permit at any time during a state of emergency or when a pandemic declaration is in force.
(2)The Commission may only vary a licence or BYO permit under this section if the licensed premises in respect of the licence or BYO permit is located within one or more emergency areas or the pandemic management area (as the case requires).
(3)The variation may apply to—
(a)a specified licence or BYO permit; or
(b)a specified category of licence; or
(c)a specified class of licence or BYO permit.
(4)The variation—
(a)must not be inconsistent with this Act or vary a condition imposed by this Act; and
(b)may impose a new condition on the licence or BYO permit; and
(c)may suspend the operation of an existing condition of the licence or BYO permit (other than a condition imposed by this Act) for a specified period.
(5)If the Commission varies a licence or BYO permit under this section, the Commission must give any licensee or permittee affected by the variation written notice of the variation as soon as practicable.
(6)A variation under this section ceases to have effect on the earlier of—
(a)the state of emergency or pandemic declaration that was in force at the time the variation was made ceasing to have effect; or
(b)its revocation by the Commission.
(7)Despite subsection (6), if a pandemic declaration comes into force in the circumstances referred to in section 165CH of the Public Health and Wellbeing Act 2008 and a variation under this section was in effect immediately before in relation to the relevant state of emergency, the variation continues in relation to so much of each emergency area that is in the pandemic management area until the earlier of—
(a)the pandemic declaration ceasing to have effect; or
(b)the revocation of the variation by the Commission.".
161Plan of premises to be retained and produced for inspection
For section 101B(1)(b) of the Liquor Control Reform Act 1998 substitute—
"(b)provided to the Commission under any other provision of this Act—".
162Corporate licensee must provide details of directors
In section 108B(4) of the Liquor Control Reform Act 1998, for "defendant" (where twice occurring) substitute "accused".
163Taking orders for liquor at unlicensed premises
In section 109(2)(c) of the Liquor Control Reform Act 1998, for "orders placed online in respect of those orders" substitute "off-premises request in respect of those requests".
164Written notice for delivery of liquor supplied online
(1)In the heading to section 109B of the Liquor Control Reform Act 1998, for "online" substitute "by off-premises request".
(2)In section 109B of the Liquor Control Reform Act 1998—
(a)for "order is placed" substitute "off‑premises request is made";
(b)for "by an order placed online" substitute "to a person who has made an off-premises request".
165Person must not deliver liquor supplied online to intoxicated persons
(1)In the heading to section 109C of the Liquor Control Reform Act 1998, for "online" substitute "by off-premises request".
(2)In section 109C of the Liquor Control Reform Act 1998, for "supplied by an order placed online to a person who" substitute "to a person who made an off-premises request if that person".
166Keeping liquor in unlicensed club
In section 112(2) of the Liquor Control Reform Act 1998, for "defendant" substitute "accused".
167False or misleading statements
In section 118(2) of the Liquor Control Reform Act 1998, for "defendant" (where twice occurring) substitute "accused".
168Supplying liquor to minors
In section 119(6) of the Liquor Control Reform Act 1998, for "defendant" (where twice occurring) substitute "accused".
169Allowing minors on licensed or authorised premises
In section 120(4) of the Liquor Control Reform Act 1998, for "defendant" (where twice occurring) substitute "accused".
170Power to serve an infringement notice
In section 141(2)(faa) and (faab) of the Liquor Control Reform Act 1998, for "online" substitute "by off-premises request".
171Offence to contravene banning notice or fail to comply with police directions
In section 148F(3) of the Liquor Control Reform Act 1998, for "defendant" (wherever occurring) substitute "accused".
172Offence to contravene exclusion order or fail to comply with police directions
In section 148J(3) of the Liquor Control Reform Act 1998, for "defendant" (wherever occurring) substitute "accused".
173Savings and transitional provisions
After section 182(4) of the Liquor Control Reform Act 1998 insert—
"(5)Schedule 7 has effect.".
174Schedule 6—Transitional provisions—Liquor Control Reform Amendment Act 2021
In Schedule 6 to the Liquor Control Reform Act 1998—
(a)in clause 2(2), after "11B" insert "and until the amendment of section 11B by the Gambling and Liquor Legislation Amendment Act 2022";
(b)in clause 11, after "18C" insert "and until the amendment of section 18C by the Gambling and Liquor Legislation Amendment Act 2022".
175New Schedule 7 inserted
After Schedule 6 to the Liquor Control Reform Act 1998 insert—
"Schedule 7—Transitional provisions—Gambling and Liquor Legislation Amendment Act 2022
1General 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.
2Online-only vendor packaged liquor licences
(1)On and after the amendment of section 11B by the Gambling and Liquor Legislation Amendment Act 2022, any online-only vendor packaged liquor licence that was in force immediately before that amendment—
(a)is taken to be a remote seller's packaged liquor licence for the period that the licence remains in force; and
(b)can be renewed as a remote seller's packaged liquor licence; and
(c)is subject to any conditions specified in section 11B as amended by that Act; and
(d)is subject to any conditions (not inconsistent with the conditions specified in section 11B as amended by that Act) to which the licence was subject immediately before that commencement.
(2)On and after the amendment of section 11B by the Gambling and Liquor Legislation Amendment Act 2022—
(a)any demerit points recorded in the Demerits Register against an online-only vendor packaged liquor licence immediately before that amendment are taken to be recorded against that licence as a remote seller's packaged liquor licence; and
(b)Part 4A applies to that licence as a remote seller's packaged liquor licence.
(3)An application for an online-only packaged liquor licence that was made but not finally determined before the amendment of section 11B by of the Gambling and Liquor Legislation Amendment Act 2022 is taken to be an application for a remote seller's packaged liquor licence after that amendment.
3General licences
On and after the amendment of section 8 by the Gambling and Liquor Legislation Amendment Act 2022, any general licence that was in force immediately before that amendment—
(a)continues in force as if it were a general licence granted under section 8 as amended by that Act; and
(b)is subject to the conditions specified in section 8 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that amendment.
4Restaurant and cafe licences
On and after the amendment of section 9A by the Gambling and Liquor Legislation Amendment Act 2022, any restaurant and cafe licence that was in force immediately before that amendment—
(a)continues in force as if it were a restaurant and cafe licence granted under section 9A as amended by that Act; and
(b)is subject to the conditions specified in section 9A as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that amendment.
5Club licences
On and after the amendment of section 10 by the Gambling and Liquor Legislation Amendment Act 2022, any full club licence or restricted club licence that was in force immediately before that amendment—
(a)continues in force as if it were a full club licence or restricted club licence granted under section 10 as amended by that Act; and
(b)is subject to the conditions specified in section 10 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that amendment.
6Packaged liquor licences
On and after the amendment of section 11 by the Gambling and Liquor Legislation Amendment Act 2022, any packaged liquor licence that was in force immediately before that amendment—
(a)continues in force as if it were a packaged liquor licence granted under section 11 as amended by that Act; and
(b)is subject to the conditions specified in section 11 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that amendment.
7Late night licences
On and after the amendment of section 11A by the Gambling and Liquor Legislation Amendment Act 2022, any late night licence that was in force immediately before that amendment—
(a)continues in force as if it were a late night licence granted under section 11A as amended by that Act; and
(b)is subject to the conditions specified in section 11A as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that amendment.
8Producer's licences
On and after the the amendment of section 13 by the Gambling and Liquor Legislation Amendment Act 2022, any producer's licence that was in force immediately before that amendment—
(a)continues in force as if it were a producer's licence granted under section 13 as amended by that Act; and
(b)is subject to the conditions specified in section 13 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that amendment.
9Conditions in relation to the supply of liquor through online orders
On and after the amendment of section 18C by the Gambling and Liquor Legislation Amendment Act 2022, any licence that is subject to the conditions specified in section 18C immediately before that amendment is subject to the conditions specified in section 18C as amended by that Act.".
Part 5—Repeal of this Act
176Repeal of this Act
This Act is repealed on 10 March 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: 9 March 2022
Legislative Council: 24 March 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 and the Liquor Control Reform Act 1998 and for other purposes."
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