Gambling Legislation Amendment Act 2023 (Vic)
Gambling Legislation Amendment Act 2023
No. 30 of 2023
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Casino Control Act 1991
3Division 5 of Part 2 repealed
4New Part 2A inserted
5Cancellation of Melbourne Casino Licence
6Cashless gaming requirements
7New section 64B inserted
8Mandatory pre-commitment
9Removal of excluded persons from casino
10Notification requirements of exclusion orders made under section 74
11Section 81AAB substituted
12Section 119 repealed
13Regulations
Part 3—Amendment of Gambling Regulation Act 2003
Division 1—Amendments commencing on day after Royal Assent
14Ministerial directions as to requirements for gaming machines
15Offences to offer bets on prohibited betting contingencies and not to comply with conditions on betting contingencies
Division 2—Amendments prohibiting approval of 24 hour gaming venues
16Section 3.3.1 substituted
17Section 3.3.3 repealed
18Application for approval of premises
19Determination of application
20Determination of applications and duration of licence
21Register of venue operators and approved venues
22Amendment of conditions
23Proposal of amendment by venue operator
24Consideration and making of amendment
Division 3—Amendments relating to gaming hours
25Conditions of approval
26New Division 2A inserted in Part 5 of Chapter 3
Part 4—Amendment of Casino (Management Agreement) Act 1993
27Definitions
Part 5—Repeal of this Act
28Repeal of this Act
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Endnotes
1 General information
Gambling Legislation Amendment Act 2023
No. 30 of 2023
[Assented to 8 November 2023]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Casino Control Act 1991 in relation to—
(i)statutory management; and
(ii)payment of winnings; and
(iii)pre-commitment; and
(b)to amend the Gambling Regulation Act 2003—
(i)to prohibit the approval of 24 hour gaming venues and amend the hours for gaming; and
(ii)to extend the prohibition on contingencies to wagering service providers outside Victoria; and
(c)to make a technical amendment to the Casino (Management Agreement) Act 1993.
2Commencement
(1)This Act (except Divisions 2 and 3 of Part 3) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), Divisions 2 and 3 of Part 3 come into operation on a day or days to be proclaimed.
(3)If Division 2 or 3 of Part 3 does not come into operation before 3 October 2024, it comes into operation on that day.
PART 2—AMENDMENT OF CASINO CONTROL ACT 1991
3Division 5 of Part 2 repealed
Division 5 of Part 2 of the Casino Control Act 1991 is repealed.
4New Part 2A inserted
After Part 2 of the Casino Control Act 1991 insert—
"PART 2A—STATUTORY MANAGEMENT OF CASINO
22FDefinitions
In this Part—
after-acquired property means property referred to in section 22H(1)(g);
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 all the property of a casino operator in relation to casino operations;
manager, in relation to a casino, means a manager of the casino appointed under section 22G;
net earnings means the income attributable to the conduct of casino operations less any taxes payable on that income;
property means—
(a)PPSA retention of title property within the meaning of the Corporations Act; or
(b)any other form of, or interest in, real or personal property;
security interest has the meaning given in section 51A of the Corporations Act.
22GAppointment of manager if licence suspended, cancelled or surrendered
(1)If a casino licence is suspended, cancelled or surrendered, the Commission may, if it is satisfied that it is in the public interest to do so, by instrument appoint a manager of the casino.
(2)In appointing a person to be a manager, the Commission must have regard to the suitability of the person.
(3)A manager is appointed on the terms and conditions that the Commission thinks fit.
(4)The appointment of a manager of a casino may be terminated at any time by the Commission and is terminated by the grant of another casino licence in respect of the casino.
(5)If the appointment of the manager is terminated, the manager ceases to be taken to be the holder of a casino licence.
22HGeneral functions and powers of manager
(1)Subject to subsection (2), a manager—
(a)is taken to be the holder of a casino licence on the same terms as those on which the casino operator held the licence before its cancellation, suspension or surrender, subject to any modifications that the Commission determines; and
(b)assumes full control of and responsibility for the business of the casino operator in respect of the casino, including—
(i)the managed property; and
(ii)the affairs of the casino operator in relation to casino operations; and
(c)has authority to—
(i)conduct casino operations under the licence taken to be held under paragraph (a); and
(ii)manage the managed property and the affairs of the casino operator in relation to those casino operations; and
(d)must conduct, or cause to be conducted, casino operations in accordance with this Act; and
(e)has, in connection with the conduct of those operations, all the functions of the casino operator or an officer of the casino operator; and
(f)may employ any staff as required to operate the casino; and
(g)may acquire any property in relation to those casino operations; and
(h)may sell or otherwise dispose of any managed property or after-acquired property; and
(i)may transfer or novate any liabilities of the casino operator in relation to casino operations; and
(j)may borrow money on the security of any managed property or after-acquired property; and
(k)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.
(2)Nothing in subsection (1) applies in relation to any legal proceeding—
(a)to which the casino operator was a party immediately before the manager's appointment; or
(b)to which the casino operator becomes a party during the manager's appointment that relates to the casino operator's conduct of casino operations before that appointment.
(3)In exercising a power of sale in respect of managed property, the manager must take all reasonable care to sell the property for—
(a)if, when it is sold, it has a market value—not less than the market value; or
(b)otherwise—the best price that is reasonably obtainable, having regard to the circumstances existing when the property is sold.
(4)The proceeds of sale of managed property are to be applied as follows—
(a)first, any amounts necessary to defray any debts of the casino operator to the State are payable;
(b)secondly, amounts approved by the Commission to defray the reasonable expenses incurred by the manager in relation to the sale are payable;
(c)thirdly, any remaining balance is to be paid to the casino operator.
(5)Despite subsection (1)(k), any after-acquired property vests in the manager.
(6)The regulations may make provision for or with respect to the manager's functions.
22IApplication 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, amounts approved by the Commission to defray the reasonable costs and expenses of the manager, including remuneration, are payable from the net earnings;
(b)secondly, a fair rate of return on the managed property is to be paid to the casino operator;
(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 net earnings of a casino are insufficient to pay the costs and expenses of the manager referred to in subsection (1)(a), the manager may recover the remainder of those costs and expenses from the casino operator in a court of competent jurisdiction as a debt.
22JIndemnity for manager
(1)A manager is entitled to be indemnified by the State in respect of any liabilities incurred in good faith by the manager in the performance of functions or exercise of powers as manager.
(2)The terms and conditions of the indemnity under subsection (1) must be determined by the Commission at the time of the manager's appointment and approved by the Treasurer.
22KObligations of casino operator and officers
(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 manager of a casino is appointed, each officer of the casino operator must—
(a)use the officer's 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.
(3)Without limiting subsection (1), the casino operator must provide any shared services necessary for the conduct of casino operations by the manager.
(4)The manager must make a reasonable contribution to the costs incurred by the casino operator in providing shared services.
(5)In this section—
provide, in relation to shared services, includes allow the use of, or access to, those services;
shared services means services (other than managed property) that, immediately before the appointment of the manager, the casino operator was using both in the conduct of casino operations and in the conduct of operations other than casino operations.
Examples
1Housekeeping and cleaning services
2Food and beverage services
3Car parking services
4Waste disposal
5Payroll and administrative services
6Staff training.
22LLimit 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; or
(d)terminate, or exercise any rights adverse to the casino operator under, a contract with the casino operator, being a contract of a class determined by the Commission.
(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; or
(c)the determination by the Commission of a class of contracts for the purpose of subsection (1)(d).
(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.
22MWhat happens if casino operator goes into administration or liquidation?
(1)If an administrator or liquidator is appointed under the Corporations Act for a casino operator while the appointment of a manager is in effect—
(a)all managed property is taken to have vested in the manager on the day before the day on which the administrator or liquidator is appointed; and
(b)the manager ceases to act as agent of the operator on that appointment.
(2)If a new licence is granted for the casino after the managed property has vested in the manager under subsection (1)(a), the managed property and any property acquired by the manager in connection with the conduct of casino operations vest in the holder of the new licence.
22NManager may apply to Court for directions, advice or declaratory relief
(1)A manager may apply to the Supreme Court for directions, advice or declaratory relief under subsection (2) in relation to any matter arising in connection with the performance or exercise of any of the manager's functions or powers as manager.
(2)On an application under subsection (1), the Supreme Court may do any one or more of the following in relation to any matter referred to in that subsection—
(a)give any directions or advice that it considers appropriate to the manager;
(b)grant declaratory relief to the manager;
(c)make any order or do any other thing that it considers appropriate.
22OCorporations legislation displacement
The provisions of this Part are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 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.".
5Cancellation of Melbourne Casino Licence
In section 36I(4) of the Casino Control Act 1991, for "Division 5 of Part 2" substitute "Part 2A".
6Cashless gaming requirements
The note at the foot of section 64A(1) of the Casino Control Act 1991 is repealed.
7New section 64B inserted
After section 64A of the Casino Control Act 1991 insert—
"64B Payment of winnings
(1)This section applies on and after 1 December 2025 or the earlier day declared by the Minister under subsection (9).
(2)A casino operator must not pay winnings or accumulated credits exceeding $1000 in any 24 hour period 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)A casino operator must not pay, or allow another person to pay, to a person winnings or accumulated credits exceeding $1000 in any 24 hour period from playing games in the casino except in accordance with subsection (4) or (6).
Penalty:240 penalty units.
(4)A casino operator must, at the request of a person, pay any winnings or accumulated credits to the person by cheque that is not payable to cash.
Penalty:50 penalty units.
(5)A casino operator must not, at the casino, give, or allow another person to give, a person cash or gaming tokens in exchange for a cheque drawn on an account of the casino operator to enable that person to play a gaming machine in the casino.
Penalty:50 penalty units.
(6)A casino operator must—
(a)at the request of a person, pay any winnings or accumulated credits to the person by electronic funds transfer; and
(b)if at least $1000 is to be transferred, ensure that those funds are not transferred until 24 hours after the request.
Penalty:50 penalty units.
(7)Subsection (6) does not apply to a casino operator who does not have the facilities to make the electronic funds transfer described in that subsection.
(8)A reference in subsection (2) or (3) to the payment of winnings or accumulated credits—
(a)includes a payment by cash, cheque, electronic funds transfer or any other form of money, whether—
(i)by a staff member at the gaming machine or other place where the game is played; or
(ii)at the cage or cashier; or
(iii)from a cashless gaming account; and
(b)includes a payment of money from a cashless gaming account or deposit account or on presentation of a non‑cash gaming token; but
(c)does not include a payment to a non‑cash gaming token or cashless gaming account prior to funds being redeemed for money.
(9)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.
(10)The Minister may declare different days in relation to different types of gaming.".
8Mandatory pre-commitment
After section 62C(2) of the Casino Control Act 1991 insert—
"(2A)Subsection (2) does not apply during any period approved by the Commission in accordance with a direction of the Minister under section 3.2.3(1)(e) of the Gambling Regulation Act 2003 if the casino operator complies with any conditions imposed by the Commission (whether in accordance with the direction or otherwise).".
9Removal of excluded persons from casino
In sections 76B(4) and 78(1)(a) of the Casino Control Act 1991, for "section 22" substitute "Part 2A".
10Notification requirements of exclusion orders made under section 74
In section 78AA(1)(a) of the Casino Control Act 1991, for "section 22" substitute "Part 2A".
11Section 81AAB substituted
For section 81AAB of the Casino Control Act 1991 substitute—
"81AAB Payment of winnings by cheque or electronic funds transfer
(1)A casino operator must not pay, or allow another person to pay, winnings or accumulated credits exceeding $1000 from a gaming machine to a person except in accordance with subsection (2) or (4).
Penalty:50 penalty units.
(2)A casino operator must, at the request of a person, pay any winnings or accumulated credits from a gaming machine to the person by cheque that is not payable to cash.
Penalty:50 penalty units.
(3)A casino operator must not, at the casino, give, or allow another person to give, a person cash or gaming tokens in exchange for a cheque drawn on an account of the casino operator to enable that person to play a gaming machine in the casino.
Penalty:50 penalty units.
(4)A casino operator must—
(a)at the request of a person, pay any winnings or accumulated credits from a gaming machine to the person by electronic funds transfer; and
(b)if at least $1000 is to be transferred, ensure that those funds are not transferred until 24 hours after the request.
Penalty:50 penalty units.
(5)Subsection (4) does not apply to a casino operator who does not have the facilities to make the electronic funds transfer described in that subsection.
(6)A reference in subsection (1) to the payment of winnings or accumulated credits—
(a)includes a payment by cash, cheque, electronic funds transfer or any other form of money, whether—
(i)by a staff member at the gaming machine or other place where the game is played; or
(ii)at the cage or cashier; or
(iii)from a cashless gaming account; and
(b)includes a payment of money from a cashless gaming account or deposit account or on presentation of a non‑cash gaming token; but
(c)does not include a payment to a non‑cash gaming token or cashless gaming account prior to funds being redeemed for money.
(7)This section ceases to apply on 1 December 2025 or an earlier day declared by the Minister, by notice published in the Government Gazette.
(8)The Minister may declare different days in relation to different types of gaming.".
12Section 119 repealed
Section 119 of the Casino Control Act 1991 is repealed.
13Regulations
In section 167(1)(da)(i) and (iv) of the Casino Control Act 1991, for "playing" substitute "player".
PART 3—AMENDMENT OF GAMBLING REGULATION ACT 2003
Division 1—Amendments commencing on day after Royal Assent
14Ministerial directions as to requirements for gaming machines
After section 3.2.3(1)(d) of the Gambling Regulation Act 2003 insert—
"(e)the criteria that the Commission must apply in determining whether to approve a period under section 62C(2A) of the Casino Control Act 1991, including conditions to be imposed on any such approvals;".
15Offences to offer bets on prohibited betting contingencies and not to comply with conditions on betting contingencies
In section 4.5AA.8(1) and (2) of the Gambling Regulation Act 2003, after "must not" insert ", in Victoria or elsewhere".
Division 2—Amendments prohibiting approval of 24 hour gaming venues
16Section 3.3.1 substituted
For section 3.3.1 of the Gambling Regulation Act 2003 substitute—
"3.3.1 Outline of Part
This Part sets out the procedure for obtaining the Commission's approval of premises as suitable for gaming.
Note
Premises cannot operate as an approved venue unless the premises are approved under this Part as suitable for gaming.".
17Section 3.3.3 repealed
Section 3.3.3 of the Gambling Regulation Act 2003 is repealed.
18Application for approval of premises
Section 3.3.4(4) of the Gambling Regulation Act 2003 is repealed.
19Determination of application
(1)For section 3.3.8(1) of the Gambling Regulation Act 2003 substitute—
"(1)The Commission must determine an application by either granting or refusing to grant approval of the premises as suitable for gaming.".
(2)In section 3.3.8 of the Gambling Regulation Act 2003—
(a)in subsection (2)—
(i)in paragraph (b), for "premises; and" substitute "premises.";
(ii)paragraph (c) is repealed;
(b)subsection (3) is repealed.
20Determination of applications and duration of licence
Section 3.4.12(3) of the Gambling Regulation Act 2003 is repealed.
21Register of venue operators and approved venues
Section 3.4.13(2)(f) of the Gambling Regulation Act 2003 is repealed.
22Amendment of conditions
In section 3.4.17 of the Gambling Regulation Act 2003—
(a)in subsection (1)—
(i)in paragraph (c), for "venue; and" substitute "venue—";
(ii)paragraph (d) is repealed;
(b)subsections (2) and (3) are repealed.
23Proposal of amendment by venue operator
In section 3.4.18(1)(c) of the Gambling Regulation Act 2003 omit "an amendment referred to in section 3.4.17(1)(d) or (2) or".
24Consideration and making of amendment
Section 3.4.20(3B) of the Gambling Regulation Act 2003 is repealed.
Division 3—Amendments relating to gaming hours
25Conditions of approval
In section 3.3.9 of the Gambling Regulation Act 2003—
(a)subsections (1) and (2) are repealed;
(b)in subsection (3), after "An approval" insert "of premises".
26New Division 2A inserted in Part 5 of Chapter 3
After Division 2 of Part 5 of Chapter 3 of the Gambling Regulation Act 2003 insert—
"Division 2A—Gaming hours
3.5.28AGaming prohibited between 4:00 a.m. and 10:00 a.m.
(1)A venue operator must not allow a gaming machine that is installed in an approved venue of the venue operator to be played at any time between the hours of 4:00 a.m. and 10:00 a.m. on any day.
Penalty:120 penalty units.
(2)This section does not apply to a venue operator who is a casino operator.".
PART 4—AMENDMENT OF CASINO (MANAGEMENT AGREEMENT) ACT 1993
27Definitions
In section 4 of the Casino (Management Agreement) Act 1993, in the definition of the Agreement, for "section 7A" substitute "sections 7A, 7C, 7CA and 7D".
PART 5—REPEAL OF THIS ACT
28Repeal of this Act
This Act is repealed on 3 October 2025.
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 October 2023
Legislative Council: 19 October 2023
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 and the Gambling Regulation Act 2003 and for other purposes."
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