Gambling Legislation Amendment Act 2025 (Vic)
Gambling Legislation Amendment Act 2025
No. 23 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Gambling Regulation Act 2003
Division 1—Monitoring licence amendments
3Authority conferred by monitoring licence
4Licence conditions
5Section 3.4.49 amended
6Duration of licence
7New sections 3.4.52A to 3.4.52C inserted
8Content of written statement
9Setting limits under loyalty scheme
10Loyalty scheme must use same equipment as pre‑commitment system
11Loyalty scheme participant information
12Casino loyalty scheme information for data‑matching purposes
13Approved venue loyalty scheme information for data‑matching purposes
14Pre-commitment direction
15Application of Divisions 3 and 4 of Part 8A of Chapter 3
16Application of Division 5 of Part 8A of Chapter 3
17Consequential amendments regarding responsible gambling services
Division 2—Public lottery licence amendments
18Definitions for Act
19Definitions for Part 3 of Chapter 5
20Section 5.3.2A substituted and new sections 5.3.2B and 5.3.2C inserted
21Sections 5.3.3 to 5.3.5 substituted
22Prohibition on improper interference
23Section 5.3.5B amended
24Issue of licence
25New section 5.3.6A inserted
26Licence conditions
27Section 5.3.7A repealed
28New sections 5.3.7C to 5.3.7E inserted
29Duration of licence
30Licence may authorise preparatory action
31New sections 5.3.8B and 5.3.8C inserted
32Premium payment
33New sections 5.3.9A and 5.3.9B inserted
34Section 5.3.10 repealed
35Publication and tabling
36Sections 5.3.12 and 5.3.13 repealed
37Appointing subsidiaries to conduct public lotteries
38Engaging contractors and appointing agents to assist with public lotteries
39New Division 3 of Part 3 of Chapter 5 inserted
40Surrender of licence
41Grounds for disciplinary action
42Sections 5.3.22 and 5.3.23 substituted
43Temporary public lottery licences
44Section 5.3.28 substituted
45Arrangements with former licensee
46Section 5.3.30 substituted and new section 5.3.31 inserted
47New Divisions 7 and 8 of Part 3 of Chapter 5 inserted
48Directions to provide information etc.
49Definitions for Part 2A of Chapter 10
50Application of Division 1 of Part 4 of Chapter 10
51Consequential amendments to Division 1 of Part 4 of Chapter 10
52Division 1B of Part 4 of Chapter 10 heading amended
53Definitions for Division 1B of Part 4 of Chapter 10
54Division 1C of Part 4 of Chapter 10 heading amended
55Definitions for Division 1C of Part 4 of Chapter 10
56Division 1D of Part 4 of Chapter 10 heading amended
57Definitions for Division 1D of Part 4 of Chapter 10
Division 3—General amendments
58Monitoring restrictions for persons listed on the Roll and related persons
59Payment of accumulated credits by cheque or electronic funds transfer
60New section 3.8A.32 inserted
61Issue of licence
62Licence conditions
63Temporary keno licence
64Arrangements with former licensee
65Section 8.4.7A substituted
66Definitions for Part 2A of Chapter 10
67Functions and powers of Review Panel
Division 4—Transitional provisions
68New Part 43 of Schedule 7 inserted
Part 3—Amendment of Casino Control Act 1991
69Mandatory pre-commitment
70Payment of winnings
71Exclusion orders
72Excluded person not to enter casino or casino complex—excluded person offence
73Payment of winnings by cheque or electronic funds transfer
Part 4—Removal of gender references
74Removal of gender references
Part 5—Repeal of this Act
75Repeal of this Act
Schedule 1—Removal of gender references
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Endnotes
1 General information
Gambling Legislation Amendment Act 2025
No. 23 of 2025
[Assented to 24 June 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Gambling Regulation Act 2003 in relation to the monitoring licence and public lottery licences and generally to improve the operation of that Act; and
(b)to amend the Casino Control Act 1991 to improve the operation of that Act.
2Commencement
(1)This Act, other than sections 71 and 72, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), sections 71 and 72 come into operation on a day to be proclaimed.
(3)If sections 71 and 72 do not come into operation before 1 March 2026, they come into operation on that day.
PART 2—AMENDMENT OF GAMBLING REGULATION ACT 2003
Division 1—Monitoring licence amendments
3Authority conferred by monitoring licence
In section 3.4.4 of the Gambling Regulation Act 2003—
(a)in subsection (1A), after "in accordance with" insert "the licence conditions or";
(b)after subsection (1A)(a) insert—
"(ab)systems and mechanisms that implement regulatory compliance measures for the conduct of gaming, including compliance with anti-money laundering and counter‑terrorism financing obligations; and";
(c)in the note at the foot of subsection (1A), after "gambling" insert "and regulatory compliance";
(d)in subsection (1B), after "in accordance with" insert "the licence conditions or".
4Licence conditions
At the end of section 3.4.47 of the Gambling Regulation Act 2003 insert—
"(2)Without limiting subsection (1), the Minister may include as a condition of the monitoring licence any matter that could be the subject‑matter of a direction under section 3.4.49(1) or 3.8A.2(1)(a).".
5Section 3.4.49 amended
(1)In the heading to section 3.4.49 of the Gambling Regulation Act 2003, after "gambling" insert "and regulatory compliance".
(2)In section 3.4.49(1) of the Gambling Regulation Act 2003—
(a)after "provide" insert "one or more of the following";
(b)in paragraph (a), for "gaming; and" substitute "gaming;";
(c)after paragraph (a) insert—
"(ab)systems and mechanisms that implement regulatory compliance measures for the conduct of gaming, including compliance with anti-money laundering and counter‑terrorism financing obligations;".
6Duration of licence
In section 3.4.50(b) of the Gambling Regulation Act 2003, for "a term of 15 years" substitute "the term specified in the licence".
7New sections 3.4.52A to 3.4.52C inserted
After section 3.4.52 of the Gambling Regulation Act 2003 insert—
"3.4.52A Premium payment
(1)The Minister may require the monitoring licensee to pay, as consideration for the monitoring licence, one or more amounts determined by the Minister as the premium payment.
(2)The Minister may determine the premium payment as—
(a)a single amount payable on the issue of the licence, or by the later time determined by the Minister; or
(b)an amount payable each year for the duration of the licence at the time determined by the Minister.
(3)If the Minister extends the monitoring licence under section 3.4.51(2), the Minister may require the monitoring licensee to pay, as consideration for the extension of the licence, one or more amounts determined by the Minister as the premium payment for the extension of the licence.
(4)The premium payment for the monitoring licence or the extension of the monitoring licence is a tax.
(5)An amount or amounts equal to a premium payment paid under subsection (1) or (3) must be paid out of the Consolidated Fund (which is appropriated to the necessary extent), at the time or times determined by the Treasurer, into the Hospitals and Charities Fund.
3.4.52BPenalty interest for late payment
The monitoring licensee must pay to the Commission, for payment into the Consolidated Fund, interest on a premium payment under section 3.4.52A(1) or (3) that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983.
3.4.52CRecovery of amounts
A premium payment under section 3.4.52A(1) or (3) or any interest payable under section 3.4.52B may be recovered in a court of competent jurisdiction as a debt due to the State.".
8Content of written statement
In section 3.5.36A of the Gambling Regulation Act 2003—
(a)subsection (2) is repealed;
(b)in subsection (3)(a), after "system" (where first occurring) insert "or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system".
9Setting limits under loyalty scheme
(1)In section 3.5.36B(4) of the Gambling Regulation Act 2003, after "system" insert "or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system".
(2)In the note at the foot of section 3.5.36B(4) of the Gambling Regulation Act 2003, after "direction" insert "or condition".
10Loyalty scheme must use same equipment as pre‑commitment system
In section 3.5.36D(1) of the Gambling Regulation Act 2003, after "system" insert "or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system".
11Loyalty scheme participant information
In section 3.5.41(5) of the Gambling Regulation Act 2003, after "system" (where first occurring) insert "or the Minister has included as a condition of the monitoring licence that the licensee provide, operate and maintain a pre‑commitment system".
12Casino loyalty scheme information for data‑matching purposes
In section 3.5.41A(1) of the Gambling Regulation Act 2003, after "casino" insert "or the Minister has included a condition of the monitoring licence providing for such a pre‑commitment system".
13Approved venue loyalty scheme information for data‑matching purposes
In section 3.5.41B(1)(b) of the Gambling Regulation Act 2003, after "machines" insert "or the Minister has included a condition of the monitoring licence providing for such a pre‑commitment system".
14Pre-commitment direction
In section 3.8A.2(1) of the Gambling Regulation Act 2003—
(a)in paragraph (a)(ii), for "system; and" substitute "system.";
(b)paragraph (b) is repealed.
15Application of Divisions 3 and 4 of Part 8A of Chapter 3
In sections 3.8A.6 and 3.8A.14 of the Gambling Regulation Act 2003, after "system" insert "or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system".
16Application of Division 5 of Part 8A of Chapter 3
In section 3.8A.20 of the Gambling Regulation Act 2003, after "system" insert "or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system".
17Consequential amendments regarding responsible gambling services
(1)In section 1.3(1) of the Gambling Regulation Act 2003—
(a)insert the following definition—
"responsible gambling and regulatory compliance services means the services and other things that are authorised under section 3.4.4(1A);";
(b)the definition of responsible gambling services is repealed.
(2)In sections 3.1.4(4), 3.4.4B(1)(a) and (b)(iii), 3.4.48C(1), 3.4.48E(2)(a) and (b), 3.4.59LC(1), 3.4A.4B(1)(b), 3.4A.11A(1), 10.1.5B(1)(d) and 10.1.5C(1)(d) of the Gambling Regulation Act 2003, after "gambling" insert "and regulatory compliance".
Division 2—Public lottery licence amendments
18Definitions for Act
In section 1.3(1) of the Gambling Regulation Act 2003—
(a)insert the following definition—
"relevant applicant or invitee means—
(a)a person the Minister has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42; or
(b)a person the Minister has invited to apply for a wagering and betting licence but that has not applied for a wagering and betting licence under section 4.3A.5; or
(c)a person the Minister has invited to apply for a public lottery licence but that has not applied for a public lottery licence under section 5.3.3; or
(d)a person the Minister has invited to apply for a keno licence but that has not applied for a keno licence under section 6A.3.5; or
(e)a person the Minister is considering inviting to apply for the monitoring licence, a wagering and betting licence, a public lottery licence or a keno licence; or
(f)an applicant for the monitoring licence, a wagering and betting licence, a public lottery licence or a keno licence;";
(b)the definition of relevant applicant, invitee or registrant is repealed;
(c)in the definition of gambling industry participant, in paragraph (n), for ", invitee or registrant" substitute "or invitee".
19Definitions for Part 3 of Chapter 5
In section 5.3.1AA of the Gambling Regulation Act 2003—
(a)insert the following definitions—
"pending applicant means a person the Minister has invited to apply for a public lottery licence but that has not applied for that licence under section 5.3.3;
possible invitee means a person the Minister is considering inviting to apply for a public lottery licence.";
(b)for the definition of interested person substitute—
"interested person means—
(a)a possible invitee; or
(b)a pending applicant; or
(c)an applicant; or
(d)a public lottery licensee; or
(e)an associate of a person referred to in paragraph (a), (b), (c) or (d); or
(f)an officer, employee, agent or contractor of—
(i)a person referred to in paragraph (a), (b), (c) or (d); or
(ii)an associate of a person referred to in paragraph (a), (b), (c) or (d);";
(c)for the definition of licence awarding process substitute—
"licence awarding process means the following—
(a)the Minister's decision to invite a person to apply for a public lottery licence;
(b)the Minister's determination whether to grant or refuse an application for a public lottery licence;
(c)the preparation or making of a recommendation or report, or any other thing that may be or is required to be done under this Act, for the purpose of the Minister making a decision or determination referred to in paragraph (a) or (b);";
(d)the definition of registrant is repealed.
20Section 5.3.2A substituted and new sections 5.3.2B and 5.3.2C inserted
For section 5.3.2A of the Gambling Regulation Act 2003 substitute—
"5.3.2A Minister may invite applications
(1)The Minister may invite a person that is a body corporate to apply for a public lottery licence.
(2)The Minister may take into account any other matter in deciding whether to invite a person to apply for a public lottery licence.
5.3.2BSecretary may report on suitability of persons Minister is considering to invite to apply for public lottery licence
(1)If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering inviting to apply for a public lottery licence.
(2)A report may include any recommendations the Secretary thinks fit.
(3)The report must include the reasons for any findings or recommendations contained in it.
5.3.2CConsent required for reports and investigation
For the purpose of preparing a report under section 5.3.2B or 5.3.4 to give to the Minister and for investigations and inquiries to be carried out under Division 1C or 1D of Part 4 of Chapter 10 for the purpose of preparing a report under section 5.3.2B or 5.3.4, the Secretary must obtain the written consent of—
(a)a possible invitee, pending applicant or applicant; and
(b)any other person the Secretary considers relevant to the consideration by the Minister of whether—
(i)to invite a possible invitee to apply for a public lottery licence; or
(ii)a pending applicant or an applicant should be granted a public lottery licence under this Division.".
21Sections 5.3.3 to 5.3.5 substituted
For sections 5.3.3, 5.3.4 and 5.3.5 of the Gambling Regulation Act 2003 substitute—
"5.3.3 Application for licence
(1)A person who has been invited by the Minister under section 5.3.2A(1) to apply for a public lottery licence—
(a)may apply to the Minister for the licence; and
(b)if the person applies for the licence, must comply with—
(i)requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for a public lottery licence; and
(ii)reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and
(iii)any other requirements specified by the Minister in relation to applicants or applications for a licence.
(2)A licence application—
(a)must be in the form, contain the information and be accompanied by the documents required by the Minister; and
(b)must be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and
(c)must be lodged in accordance with the procedural requirements, if any, specified by the Minister.
(3)The Minister may require an applicant to provide any further information to the Minister in connection with the application.
(4)The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant.
(5)The Minister must refer each licence application to the Secretary for a report under section 5.3.4.
(6)If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary.
Note
Division 1D of Part 4 of Chapter 10 provides for the investigation of an application for a public lottery licence.
5.3.4Report to Minister by Secretary on applications
(1)The Secretary must give a written report to the Minister on each licence application—
(a)stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied to grant the licence application have been made out; and
(b)stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 5.3.3 have been complied with; and
(c)containing any other information required by the Minister.
(2)The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions.
(3)The report must include the reasons for any findings or recommendations contained in it.
5.3.5Determination of applications
(1)The Minister is to determine whether to grant or refuse a licence application after receiving the report of the Secretary under section 5.3.4.
(2)The Minister may grant a licence application only if satisfied that the granting of the application is in the public interest, taking into account each of the following matters—
(a)whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity;
(b)whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute, having regard to character, honesty and integrity, as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner;
(c)whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's public lottery business is a suitable person to act in that capacity;
(d)whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence;
(e)whether the applicant is of sound and stable financial background;
(f)whether the applicant has financial resources that are adequate to ensure the financial viability of a public lottery business;
(g)whether the applicant has the ability to establish and maintain a successful public lottery business;
(h)any other matters the Minister considers relevant.
(3)In addition to the requirements of subsection (2), the Minister may grant a licence application only if satisfied that the Responsible Gambling Code of Conduct accompanying the application complies with—
(a)regulations made for or with respect to Part 4C of Schedule 1; and
(b)each direction under section 10.6.6(1) that applies in relation to the application.
(4)In determining whether to grant or refuse a licence application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 5.3.4.
(5)If the Minister refuses a licence application, the Minister must give written notice to the applicant.".
22Prohibition on improper interference
(1)In section 5.3.5A(1) of the Gambling Regulation Act 2003—
(a)omit "a registration of interest or an application for";
(b)for "the registration of interest or application" substitute "a possible invitee, pending applicant or applicant".
(2)For section 5.3.5A(2) of the Gambling Regulation Act 2003 substitute—
"(2)If an interested person improperly interferes with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant, the Minister may refuse to consider, or consider further—
(a)whether to invite the possible invitee to apply for a public lottery licence; or
(b)an application for a public lottery licence made by the pending applicant or applicant.".
23Section 5.3.5B amended
(1)In the heading to section 5.3.5B of the Gambling Regulation Act 2003 omit "in relation to grant of application".
(2)In section 5.3.5B(2) of the Gambling Regulation Act 2003, for "consider a registration of interest or an application for a public lottery licence," substitute "invite a person to apply for a public lottery licence, to consider an application for a public lottery licence".
24Issue of licence
(1)For section 5.3.6(1) of the Gambling Regulation Act 2003 substitute—
"(1)If the Minister grants a licence application, the Minister must issue a public lottery licence to the applicant.".
(2)Section 5.3.6(1A) of the Gambling Regulation Act 2003 is repealed.
(3)After section 5.3.6(2) of the Gambling Regulation Act 2003 insert—
"(3)A public lottery licence cannot be issued under this section that has effect, otherwise than as provided by section 5.3.8A, at any time while a public lottery licence in effect immediately before the commencement of section 24 of the Gambling Legislation Amendment Act 2025 remains in effect.".
25New section 5.3.6A inserted
After section 5.3.6 of the Gambling Regulation Act 2003 insert—
"5.3.6A Public lottery licence not personal property
For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a public lottery licence is declared not to be personal property.".
26Licence conditions
(1)In section 5.3.7 of the Gambling Regulation Act 2003—
(a)for "he or she" substitute "the Minister";
(b)in paragraph (b), for "Commission;" substitute "Commission.";
(c)paragraph (c) is repealed.
(2)At the foot of section 5.3.7 of the Gambling Regulation Act 2003 insert—
"Note
The licence is also subject to the condition specified in section 5.3.7B.".
27Section 5.3.7A repealed
Section 5.3.7A of the Gambling Regulation Act 2003 is repealed.
28New sections 5.3.7C to 5.3.7E inserted
After section 5.3.7B of the Gambling Regulation Act 2003 insert—
"5.3.7C Minister may refuse to issue licence if related agreements not entered into
Despite section 5.3.6, the Minister may refuse to issue a public lottery licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence.
5.3.7DRelated agreements with licensee
(1)Subject to this section, the Minister, by written notice, may direct a public lottery licensee to enter into an agreement or class of agreements dealing with matters relating to the licence with—
(a)the Minister; or
(b)a person or class of person the Minister specifies in the direction.
(2)Before giving a direction under subsection (1), the Minister must consult the licensee.
(3)A direction under subsection (1)—
(a)must warn the licensee of the Minister's powers under this section; and
(b)must be accompanied by a copy of this section; and
(c)may specify the kinds of terms to be contained in an agreement or class of agreements to be entered into; and
(d)may specify the kinds of terms that must not be in an agreement or class of agreements to be entered into; and
(e)may specify a date by which an agreement or class of agreements is to be entered into.
(4)A licensee must comply with a direction under subsection (1).
(5)A licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission.
5.3.7ENo compensation payable because of a direction to enter into related agreements
No compensation is payable by the State because of a direction under section 5.3.7D or entering into an agreement in compliance with a direction under section 5.3.7D.".
29Duration of licence
In section 5.3.8 of the Gambling Regulation Act 2003—
(a)for subsection (1)(b) substitute—
"(b)is valid for the term specified in the licence, unless terminated earlier in accordance with this Chapter or extended under section 5.3.8C.";
(b)subsections (2), (3) and (4) are repealed.
30Licence may authorise preparatory action
In section 5.3.8A of the Gambling Regulation Act 2003—
(a)in subsection (4), for "12" substitute "18";
(b)the example at the foot of subsection (4) is repealed.
31New sections 5.3.8B and 5.3.8C inserted
After section 5.3.8A of the Gambling Regulation Act 2003 insert—
"5.3.8B Exclusivity period for licence
(1)When issuing a public lottery licence, the Minister may specify one or more periods of time as the exclusivity period for the licence.
(2)If an exclusivity period is specified for one or more public lottery licences, no new public lottery licence can be issued that has effect, otherwise than as provided by section 5.3.8, at any time during the exclusivity period.
5.3.8CExtension of licence
(1)If invited by the Minister to do so, a public lottery licensee may apply to the Minister, before the licence expires, for a licence extension.
(2)On an application under subsection (1), the Minister may extend the term of the licence for a period determined by the Minister.
(3)The term of a public lottery licence may be extended only once.".
32Premium payment
(1)After section 5.3.9(2) of the Gambling Regulation Act 2003 insert—
"(2A)If the Minister extends a public lottery licence under section 5.3.8C(2), the Minister may require the licensee to pay, as consideration for the extension of the licence, one or more amounts determined by the Minister as the premium payment for the extension of the licence.".
(2)After section 5.3.9(3) of the Gambling Regulation Act 2003 insert—
"(4)An amount or amounts equal to a premium payment paid under subsection (1) or (2A) must be paid out of the Consolidated Fund (which is appropriated to the necessary extent), at the time or times determined by the Treasurer, into the Hospitals and Charities Fund.".
33New sections 5.3.9A and 5.3.9B inserted
After section 5.3.9 of the Gambling Regulation Act 2003 insert—
"5.3.9A Penalty interest for late payment
A public lottery licensee must pay to the Commission, for payment into the Consolidated Fund, interest on a premium payment under section 5.3.9(1) or (2A) that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983.
5.3.9BRecovery of amounts
A premium payment under section 5.3.9(1) or (2A) or any interest payable under section 5.3.9A may be recovered in a court of competent jurisdiction as a debt due to the State.".
34Section 5.3.10 repealed
Section 5.3.10 of the Gambling Regulation Act 2003 is repealed.
35Publication and tabling
(1)In section 5.3.11(1) of the Gambling Regulation Act 2003—
(a)in paragraph (a)—
(i)omit "and a newspaper circulating generally in Victoria";
(ii)in subparagraph (ii), for "section 5.3.7A" substitute "section 5.3.7C";
(b)in paragraph (c), for "section 5.3.7A" substitute "section 5.3.7C".
(2)For section 5.3.11(2) of the Gambling Regulation Act 2003 substitute—
"(2)Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister—
(a)may exclude information from the licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and
(b)must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded.
(3)Subject to subsection (4), the Commission must cause a copy of a public lottery licence and any agreements referred to in section 5.3.7C to be made available on its website as soon as practicable after notification from the Minister under subsection (2)(b).
(4)If the Minister has excluded information from the licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3).".
36Sections 5.3.12 and 5.3.13 repealed
Sections 5.3.12 and 5.3.13 of the Gambling Regulation Act 2003 is repealed.
37Appointing subsidiaries to conduct public lotteries
(1)The heading to Division 3 of Part 3 of Chapter 5 of the Gambling Regulation Act 2003 is repealed.
(2)Sections 5.3.14 and 5.3.15 of the Gambling Regulation Act 2003 are repealed.
38Engaging contractors and appointing agents to assist with public lotteries
In section 5.3.15A(2) of the Gambling Regulation Act 2003, for "or gaming regulations" substitute ", the gaming regulations, the public lottery licence or any related agreement".
39New Division 3 of Part 3 of Chapter 5 inserted
After section 5.3.15A of the Gambling Regulation Act 2003 insert—
"Division 3—Transfer of licence
5.3.15BTransfer only under this Division
A public lottery licence is not transferable to any other person except in accordance with this Division.
5.3.15CApplication to transfer licence
(1)A public lottery licensee may apply to the Minister to transfer a public lottery licence to another person (the transferee).
(2)An application—
(a)must be in the form, contain the information and be accompanied by the documents required by the Minister; and
(b)must be accompanied by the prescribed fee (if any).
(3)If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the public lottery licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application.
(4)The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application, whether or not the application is granted.
(5)Costs payable under subsection (3) may be recovered in a court of competent jurisdiction as a debt due to the State.
(6)The Minister may refer the application to the Commission for a report under section 5.3.15E.
5.3.15DTransfer of public lottery licence
(1)On application under section 5.3.15C, the Minister may transfer a public lottery licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4), (5) and (6).
(2)The Minister must be satisfied that—
(a)the transferee is a wholly-owned subsidiary of the public lottery licensee; or
(b)the transferee and the public lottery licensee are both wholly‑owned subsidiaries of a third company.
(3)The Minister must be satisfied that the transfer of the licence to the transferee is in the public interest, taking into account each of the following matters—
(a)whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity;
(b)whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute, having regard to character, honesty and integrity, as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner;
(c)whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's public lottery business is a suitable person to act in that capacity;
(d)whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence;
(e)whether the transferee is of sound and stable financial background;
(f)whether the transferee has financial resources that are adequate to ensure the financial viability of a public lottery business;
(g)whether the transferee has the ability to establish and maintain a successful public lottery business;
(h)any other matters the Minister considers relevant.
(4)The Minister must be satisfied that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee.
(5)The Minister must be satisfied that the transferee has, or when the licence is transferred will have, a Responsible Gambling Code of Conduct that complies with—
(a)regulations made for or with respect to Part 4C of Schedule 1; and
(b)each direction under section 10.6.6(1) that applies in relation to the application.
(6)The Minister must be satisfied that the transferee is capable of meeting the obligations of the public lottery licensee under any agreements referred to in section 5.3.7C.
(7)The Minister may refuse to transfer a public lottery licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee.
(8)In determining whether to grant or refuse an application to transfer a public lottery licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 5.3.15E.
(9)If the Minister transfers a public lottery licence, the transferee becomes the public lottery licensee and assumes all the obligations and liabilities of the public lottery licensee under this Act.
5.3.15EReport to Minister by Commission
(1)If the Minister has referred to the Commission an application to transfer a public lottery licence, the Commission must give a written report to the Minister on the application—
(a)stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and
(b)containing any other information required by the Minister.
(2)The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions.
(3)The report must include the reasons for any findings or recommendations contained in it.
Note
Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a public lottery licence.
5.3.15FRelated agreements
The Minister may refuse to transfer a public lottery licence unless—
(a)the public lottery licensee and any other person who is party to an agreement referred to in section 5.3.7C relating to the licence executes any document requested by the Minister in relation to that agreement; and
(b)the transferee or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 5.3.7C or any further agreement.
5.3.15GPublication and tabling
(1)The Minister must cause—
(a)notice to be published in the Government Gazette—
(i)of the transfer of a public lottery licence, as soon as practicable after the licence is transferred; and
(ii)of the execution of any document referred to in section 5.3.15F(a) or of the entering into of any agreement referred to in section 5.3.15F(b), as soon as practicable after the document is executed or the agreement is entered into; and
(b)a copy of the transfer of a public lottery licence to be—
(i)given to the Commission as soon as practicable after the licence is transferred; and
(ii)subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and
(c)a copy of any document referred to in section 5.3.15F(a) or any agreement referred to in section 5.3.15F(b) to be—
(i)given to the Commission as soon as practicable after the document is executed or the agreement is entered into; and
(ii)subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into.
(2)Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister—
(a)may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and
(b)must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded.
(3)Subject to subsection (4), the Commission must cause a copy of a transfer of a public lottery licence and any document referred to in section 5.3.15F(a) or agreement referred to in section 5.3.15F(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b).
(4)If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3).".
40Surrender of licence
In section 5.3.20 of the Gambling Regulation Act 2003—
(a)in subsection (1), after "giving" insert "at least 12 months";
(b)in subsection (3), for "he or she" substitute "the Minister".
41Grounds for disciplinary action
In section 5.3.21(ea) of the Gambling Regulation Act 2003, for "5.3.7A" substitute "5.3.7C, 5.3.7D or 5.3.30 or clause 43.3(1) of Schedule 7".
42Sections 5.3.22 and 5.3.23 substituted
For sections 5.3.22 and 5.3.23 of the Gambling Regulation Act 2003 substitute—
"5.3.22 Commission may take or recommend disciplinary action
(1)If the Commission considers that there is a ground for taking disciplinary action in relation to a public lottery licence, the Commission may give the licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice.
(2)The licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken.
(3)After considering any submissions made under subsection (2), the Commission—
(a)may take either or both of the following disciplinary actions—
(i)issue a letter of censure to the licensee;
(ii)fine the licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; or
(b)may make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 5.3.23.
(4)A report under subsection (3)(b) must include the reasons for the findings and recommendations contained in it.
(5)A letter of censure may censure the licensee in respect of any matter connected with the management or operation of its public lottery business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure.
(6)If a direction given under subsection (5) is not complied with in the specified time, the Commission may—
(a)fine the licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; or
(b)make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 5.3.23.
(7)The Commission may fine the licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter.
(8)A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State.
5.3.23Minister may take disciplinary action
(1)If the Commission makes a report to the Minister under section 5.3.22, the Minister may—
(a)take any one of the following disciplinary actions—
(i)amend the licence;
(ii)suspend the licence;
(iii)cancel the licence; or
(b)if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the licensee under section 5.3.22(3)(a).
(2)In taking disciplinary action, the Minister—
(a)must take into account whether, in the Minister's opinion, taking the action is in the public interest; and
(b)is entitled to rely on the findings and recommendations in the report of the Commission under section 5.3.22; and
(c)is not required to give the licensee a further opportunity to be heard or make submissions.
(3)If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 5.3.22(3)(a).
(4)Cancellation, suspension or amendment of a licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice.".
43Temporary public lottery licences
In section 5.3.27 of the Gambling Regulation Act 2003—
(a)in subsection (3), for "5.3.10, 5.3.11, 5.3.12 and 5.3.13" substitute "5.3.7B and 5.3.11";
(b)in subsection (6), for "and (3)" substitute ", (3) and (3A) and sections 5.3.28 and 5.3.29".
44Section 5.3.28 substituted
For section 5.3.28 of the Gambling Regulation Act 2003 substitute—
"5.3.28 Report to Minister by Commission for temporary public lottery licence
(1)If the Minister is considering issuing a temporary public lottery licence under section 5.3.27(1), the Minister may request the Commission to give a written report to the Minister—
(a)stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and
(b)containing any other information required by the Minister.
(2)The Commission must comply with a request of the Minister under this section.
(3)The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions.
(4)The report must include the reasons for any findings or recommendations contained in it.
Note
Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary public lottery licence.".
45Arrangements with former licensee
For section 5.3.29(2) of the Gambling Regulation Act 2003 substitute—
"(2)The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1).
Penalty:100 penalty units.
(2A)The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1).
Penalty:100 penalty units.".
46Section 5.3.30 substituted and new section 5.3.31 inserted
For section 5.3.30 of the Gambling Regulation Act 2003 substitute—
"5.3.30 Related agreements with temporary licensee
(1)Subject to this section, the Minister, by written notice, may direct a temporary public lottery licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary licence with—
(a)the Minister; or
(b)a person or class of person the Minister specifies in the direction.
(2)Before giving a direction under subsection (1), the Minister must consult the temporary licensee.
(3)A direction under subsection (1)—
(a)must warn the temporary licensee of the Minister's powers under this section; and
(b)must be accompanied by a copy of this section; and
(c)may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and
(d)may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and
(e)may specify a date by which an agreement or class of agreements is to be entered into.
(4)The temporary licensee must comply with a direction under subsection (1).
(5)The temporary licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission.
5.3.31No compensation payable because of a direction to enter into related agreements
No compensation is payable by the State because of a direction under section 5.3.30 or entering into an agreement in compliance with a direction under section 5.3.30.".
47New Divisions 7 and 8 of Part 3 of Chapter 5 inserted
After Division 6 of Part 3 of Chapter 5 of the Gambling Regulation Act 2003 insert—
"Division 7—Further information‑gathering powers and obligations
5.3.32Definitions
In this Division—
applicant means applicant for a public lottery licence;
application means application for a public lottery licence;
interested person means—
(a)an applicant; or
(b)an associate of an applicant; or
(c)a person who the Secretary considers may become an associate of an applicant.
5.3.33Secretary may require further information
(1)The Secretary, by notice in writing, may require an interested person to do any one or more of the following—
(a)to provide, in accordance with directions in the notice, any information that is relevant to the consideration of the application and is specified in the notice;
(b)to produce, in accordance with directions in the notice, any records relevant to the consideration of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;
(c)to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b);
(d)to provide the Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons.
(2)The Secretary may give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Commission if the Secretary considers that the information or record is relevant to an investigation or inquiry by the Commission in relation to the application.
(3)If an interested person refuses to comply with a requirement under subsection (1)—
(a)the Secretary must notify the Minister in writing as soon as practicable; and
(b)the Minister may refuse to consider the application.
5.3.34Updating information provided to Secretary
(1)If—
(a)the Secretary requires information (including information in any records) from an interested person under section 5.3.33; and
(b)a change occurs in that information before the application is granted or refused—
the interested person must give the Secretary written particulars of the change as soon as practicable.
Penalty:60 penalty units.
(2)The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application.
(3)When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided.
5.3.35Updating information provided to Minister regarding licence application
(1)If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable.
Penalty:60 penalty units.
(2)The Minister must give the particulars of a change referred to in subsection (1) to the Secretary.
(3)The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application.
(4)When particulars of a change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of subsection (1) to any further change in the relevant information.
(5)In this section—
relevant application information means—
(a)any information contained in an application for a public lottery licence; or
(b)any information contained in a document that accompanied that application; or
(c)any further information given to the Minister by the applicant in relation to that application.
5.3.36Updating licence transfer application
(1)If a change occurs in any relevant information before an application for transfer of a public lottery licence is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable.
Penalty:60 penalty units.
(2)The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application.
(3)When particulars of a change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of subsection (1) to any further change in the relevant information.
(4)In this section—
relevant information means—
(a)any information contained in an application for transfer of a public lottery licence; or
(b)any information contained in a document that accompanied that application; or
(c)any further information given to the Minister by the applicant in relation to that application.
Division 8—General
5.3.37Powers of Secretary
The Secretary has all the powers necessary to perform the Secretary's functions under this Part.".
48Directions to provide information etc.
In section 5.5.6A of the Gambling Regulation Act 2003—
(a)subsection (1)(b)(i) is repealed;
(b)for subsection (3)(a) substitute—
"(a)persons who have been invited by the Minister under section 5.3.2A(1) to apply for a public lottery licence;".
49Definitions for Part 2A of Chapter 10
In section 10.2A.1 of the Gambling Regulation Act 2003, in the definition of authorisation and licensing process, after paragraph (a) insert—
"(ab)without limiting paragraph (a), the process of extending a public lottery licence for a period of 10 years or longer; and".
50Application of Division 1 of Part 4 of Chapter 10
In section 10.4.1 of the Gambling Regulation Act 2003—
(a)in paragraph (a), after "wagering and betting licence" insert ", a public lottery licence";
(b)paragraph (c)(iiia) and (iv) are repealed.
51Consequential amendments to Division 1 of Part 4 of Chapter 10
Sections 10.4.3(4)(a) and (ab), 10.4.4(4)(a) and (ab), 10.4.5(4)(b) and (ba) and 10.4.6(4) and (5)(b) of the Gambling Regulation Act 2003 are repealed.
52Division 1B of Part 4 of Chapter 10 heading amended
In the heading to Division 1B of Part 4 of Chapter 10 of the Gambling Regulation Act 2003, for "transfers of monitoring licence, wagering and betting licence and keno licence" substitute "certain licence transfers".
53Definitions for Division 1B of Part 4 of Chapter 10
In section 10.4.7I of the Gambling Regulation Act 2003—
(a)in the definition of relevant licence, after paragraph (a) insert—
"(ab)a public lottery licence; or";
(b)in the definition of temporary licence, after paragraph (a) insert—
"(ab)a temporary public lottery licence under section 5.3.27; or";
(c)in the definition of temporary licensee, after paragraph (a) insert—
"(ab)in relation to a public lottery licence, has the same meaning as in section 5.3.27; or";
(d)in the definition of transferee, after paragraph (a) insert—
"(ab)in relation to a public lottery licence, has the same meaning as in section 5.3.15C; or".
54Division 1C of Part 4 of Chapter 10 heading amended
In the heading to Division 1C of Part 4 of Chapter 10 of the Gambling Regulation Act 2003, for "monitoring licence, wagering and betting licence or keno licence" substitute "certain licences".
55Definitions for Division 1C of Part 4 of Chapter 10
In section 10.4.7P of the Gambling Regulation Act 2003—
(a)in the definition of pending applicant, after "4.3A.5" insert ", 5.3.3";
(b)in the definition of relevant licence, after paragraph (b) insert—
"(ba)a public lottery licence; or".
56Division 1D of Part 4 of Chapter 10 heading amended
In the heading to Division 1D of Part 4 of Chapter 10 of the Gambling Regulation Act 2003, for "applications for monitoring licence, wagering and betting licence or keno licence" substitute "certain licence applications".
57Definitions for Division 1D of Part 4 of Chapter 10
In section 10.4.7Y of the Gambling Regulation Act 2003, in the definition of relevant licence, after paragraph (b) insert—
"(ba)a public lottery licence; or".
Division 3—General amendments
58Monitoring restrictions for persons listed on the Roll and related persons
In section 3.2A.3(1)(a)(ii) of the Gambling Regulation Act 2003, after "services" insert "(other than doing anything referred to in section 3.4.5(c)(i) or (ia))".
59Payment of accumulated credits by cheque or electronic funds transfer
(1)For section 3.5.33(1) of the Gambling Regulation Act 2003 substitute—
"(1)If a person has $2000 or more worth of accumulated credits on a gaming machine, the venue operator must not pay out, or allow another person to pay out, any of those credits except—
(a)by cheque in accordance with subsection (2); or
(b)by electronic funds transfer in accordance with subsection (3).
Penalty:60 penalty units.".
(2)After section 3.5.33(2) of the Gambling Regulation Act 2003 insert—
"(2A)Subsection (2) does not apply to a venue operator who does not have the facilities to provide cheques.".
60New section 3.8A.32 inserted
After section 3.8A.31 of the Gambling Regulation Act 2003 insert—
"3.8A.32 Disclosure to casino operator in relation to downtime periods
(1)A person may disclose pre-commitment information to a casino operator for the purpose of enabling the information to be stored during a downtime period and later communicated to the pre-commitment system.
(2)In this section—
downtime period means a period approved by the Commission under section 62C(2A) of the Casino Control Act 1991.".
61Issue of licence
The note at the foot of section 6A.3.8 of the Gambling Regulation Act 2003 is repealed.
62Licence conditions
At the foot of section 6A.3.9 of the Gambling Regulation Act 2003 insert—
"Note
The licence is also subject to the condition specified in section 6A.3.9A.".
63Temporary keno licence
Section 6A.3.31(5) of the Gambling Regulation Act 2003 is repealed.
64Arrangements with former licensee
In section 6A.3.33(4) of the Gambling Regulation Act 2003, for the definition of former licensee substitute—
"former licensee means the person who was the keno licensee—
(a)under the original licence immediately before its cancellation, suspension or surrender; or
(b)under a temporary keno licence immediately before its cancellation or other termination.".
65Section 8.4.7A substituted
For section 8.4.7A of the Gambling Regulation Act 2003 substitute—
"8.4.7A Payment of prize money by cheque or electronic funds transfer
(1)If a person wins prize money of $1000 or more in a bingo game, the bingo centre operator or a nominee of the community or charitable organisation who is conducting the bingo game must not pay out, or allow another person to pay out, any of that prize money except—
(a)by cheque in accordance with subsection (2); or
(b)by electronic funds transfer in accordance with subsection (4).
Penalty:60 penalty units.
(2)A bingo centre operator or a nominee of the community or charitable organisation who is conducting a bingo game must, at the request of a person, pay out any prize money won by the person on the game to the person by cheque that is not payable to cash.
Penalty:60 penalty units.
(3)Subsection (2) does not apply to a bingo centre operator or a nominee of a community or charitable organisation who does not have the facilities to provide cheques.
(4)A bingo centre operator or a nominee of the community or charitable organisation who is conducting a bingo game must—
(a)at the request of a person, pay out any prize money won by the person on the game 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 at least 24 hours after the request.
Penalty:60 penalty units.
(5)Subsection (4) does not apply to a bingo centre operator or a nominee of a community or charitable organisation who does not have the facilities to make the electronic funds transfer described in that subsection.".
66Definitions for Part 2A of Chapter 10
In section 10.2A.1 of the Gambling Regulation Act 2003—
(a)insert the following definitions—
"pending applicant has the meaning given by section 10.4.7P;
possible invitee has the meaning given by section 10.4.7P;";
(b)in the definition of authorisation and licensing process—
(i)in paragraph (b), for "machines;" substitute "machines—";
(ii)after paragraph (b) insert—
"including any decisions made by the Minister during the process referred to in paragraph (a), (ab) or (b);
Example
A decision of the Minister as to the length of an authorisation or licence or the number of licences that may be issued.";
(c)in the definition of regulatory review—
(i)in paragraph (e), for "industry;" substitute "industry—";
(ii)after paragraph (e) insert—
"but does not include anything that is part of the authorisation and licensing process;".
67Functions and powers of Review Panel
(1)In section 10.2A.3(1) of the Gambling Regulation Act 2003—
(a)in paragraph (a)(iii), after "participating in the regulatory review" insert "and while participating in the regulatory review, as the case requires";
(b)in paragraph (b)—
(i)after "Minister" (where secondly occurring) insert "or the Secretary";
(ii)in subparagraph (i), for "registrants (if applicable)" substitute "possible invitees, pending applicants";
(iii)in subparagraph (iii), for "registrants" substitute "possible invitees, pending applicants";
(iv)in subparagraph (iv), after "participating in the process" insert "and while participating in the process, as the case requires".
(2)In section 10.2A.3(2) of the Gambling Regulation Act 2003, for "On the recommendation of the Minister, the Governor in Council, by Order" substitute "The Minister, by notice".
Division 4—Transitional provisions
68New Part 43 of Schedule 7 inserted
After Part 42 of Schedule 7 to the Gambling Regulation Act 2003 insert—
"PART 43—GAMBLING LEGISLATION AMENDMENT ACT 2025
43.1Definitions
In this Part—
amending Act means the Gambling Legislation Amendment Act 2025;
commencement day means the day after the day on which the amending Act receives the Royal Assent;
current monitoring licence means the monitoring licence in effect immediately before the commencement day;
current public lottery licence means a public lottery licence in effect immediately before the commencement day.
43.2Monitoring licence
(1)The amendments made to sections 3.4.4 and 3.4.49 by sections 3 and 5 of the amending Act and the consequential amendments made by section 17 of the amending Act do not apply in relation to the current monitoring licence.
(2)The amendments made to sections 3.4.47 and 3.4.50(b) by sections 4 and 6 of the amending Act do not apply in relation to the current monitoring licence.
(3)Sections 3.4.52A, 3.4.52B and 3.4.52C do not apply in relation to the current monitoring licence.
43.3Public lottery licences
(1)The repeal of section 5.3.7A does not affect the continuing operation on and after the commencement day of any agreement referred to in that section that was in force immediately before that day.
(2)Sections 5.3.7D and 5.3.7E apply in relation to a current public lottery licence as well as in relation to a public lottery licence issued on or after the commencement day.
(3)Sections 5.3.8C and 5.3.9(2A) apply in relation to a current public lottery licence as well as in relation to a public lottery licence issued on or after the commencement day.
(4)The amendment made to section 5.3.20(1) by section 40 of the amending Act applies in relation to a current public lottery licence as well as in relation to a public lottery licence issued on or after the commencement day.
(5)Despite the repeal of section 5.3.7A and the amendment of section 5.3.21(ea) by the amending Act, contravention by the holder of a current public lottery licence of an agreement to which subclause (1) applies is a ground for disciplinary action in relation to the licence under Division 5 of Part 3 of Chapter 5.
(6)Sections 5.3.22 and 5.3.23, as substituted by section 42 of the amending Act, apply in relation to a current public lottery licence as well as in relation to a public lottery licence issued on or after the commencement day.".
PART 3—AMENDMENT OF CASINO CONTROL ACT 1991
69Mandatory pre-commitment
For section 62C(1) of the Casino Control Act 1991 substitute—
"(1)This section applies on and after 1 December 2025 or the earlier day declared by the Minister under subsection (3) if—
(a)a direction is in force under section 3.8A.2 of the Gambling Regulation Act 2003 providing for a pre-commitment system in relation to the playing of gaming machines in a casino; or
(b)the Minister has included as a condition of the monitoring licence providing for a pre-commitment system in relation to the playing of gaming machines in a casino.".
70Payment of winnings
(1)For section 64B(3) of the Casino Control Act 1991 substitute—
"(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—
(a)by cheque in accordance with subsection (4); or
(b)by electronic funds transfer in accordance with subsection (6).
Penalty:240 penalty units.".
(2)After section 64B(4) of the Casino Control Act 1991 insert—
"(4A)Subsection (4) does not apply to a casino operator who does not have the facilities to provide cheques.".
71Exclusion orders
For section 72(2A) and (2B) of the Casino Control Act 1991 substitute—
"(2A)On the voluntary application by a person to a casino operator, the casino operator must give the person a written order under this section prohibiting the person from entering or remaining in the casino.
Penalty:250 penalty units.
(2B)On the voluntary application by a person to the Commission, the Commission may give the person a written order under this section prohibiting the person from entering or remaining in a casino.
(2C)An application under subsection (2A) or (2B) must be in writing signed by the person applying.".
72Excluded person not to enter casino or casino complex—excluded person offence
In section 77(1A) of the Casino Control Act 1991, after "72(2A)" insert "or (2B)".
73Payment of winnings by cheque or electronic funds transfer
(1)For section 81AAB(1) of the Casino Control Act 1991 substitute—
"(1)A casino operator must not pay, or allow another person to pay, to a person winnings or accumulated credits exceeding $1000 from a gaming machine except—
(a)by cheque in accordance with subsection (2); or
(b)by electronic funds transfer in accordance with subsection (4).
Penalty:50 penalty units.".
(2)After section 81AAB(2) of the Casino Control Act 1991 insert—
"(2A)Subsection (2) does not apply to a casino operator who does not have the facilities to provide cheques.".
PART 4—REMOVAL OF GENDER REFERENCES
74Removal of gender references
An Act referred to in the heading to an item of Schedule 1 is amended as set out in that item.
PART 5—REPEAL OF THIS ACT
75Repeal of this Act
This Act is repealed on 1 March 2027.
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).
SCHEDULE 1—REMOVAL OF GENDER REFERENCES
Section 74
1Casino Control Act 1991
1.1In section 3(1)—
(a)in the definition of alternative cash access facility, in paragraph (a)—
(i)for "his or her" substitute "the person's";
(ii)for "without a person" substitute "without another person";
(b)in the definition of cash facility, in paragraph (c), for "his or her" substitute "the person's".
1.2In section 3A, for "his or her" substitute "the person's".
1.3In section 10—
(a)in subsection (2)(a), for "his or her" substitute "the person's";
(b)in subsection (4)—
(i)for "his or her" substitute "the taking of any";
(ii)omit "to be taken".
1.4In section 28A(6), for "his or her" substitute "the associate's or person's".
1.5In section 37(1), in the definition of special employee, in paragraph (a), for "his or her" substitute "the person's".
1.6In section 39(3), for "his or her" substitute "the applicant's".
1.7In section 40(1)(b), for "by reason of his or her remuneration or his or her authority in relation to" substitute "because of the person's remuneration or the person's authority in relation to".
1.8In section 49(1), for "his or her" substitute "the licensee's".
1.9In section 52(1)—
(a)in the definition of disciplinary action, in paragraph (a), for "him or her" substitute "the licensee";
(b)in the definition of grounds for disciplinary action—
(i)in paragraph (d), for "he or she" substitute "the licensee";
(ii)in paragraph (e), for "has compounded with his or her creditors or made an assignment of his or her remuneration for their benefit" substitute "has compounded with creditors or made an assignment of remuneration for their benefit".
1.10In section 60(3), for "conducted by him or her" substitute "the person conducts".
1.11In section 71(2), for "his or her duty as a police officer" substitute "the police officer's duty".
1.12In section 74(1), for "he or she" substitute "the Chief Commissioner of Police".
1.13In section 74B(3) and (4)(a), for "he or she" substitute "the special counsel".
1.14In section 75(3), for "he or she" substitute "the Chief Commissioner of Police".
1.15In section 79—
(a)in subsection (1), for "his or her" substitute "the authorised person's";
(b)in subsection (3), for "he or she" substitute "the person".
1.16In section 79A(1), for "his or her" substitute "the special employee's".
1.17In section 105—
(a)in subsection (1)(d), for "his or her" substitute "the inspector's";
(b)in subsection (2), for "his or her" substitute "the inspector's".
1.18In section 128Q(1), for "his her or its functions" substitute "the functions of the person or body".
1.19In section 165(2), for "he or she" substitute "the inspector or police officer".
2Gambling Regulation Act 2003
2.1In section 1.3(1)—
(a)in the definition of bookmaker's key employee, in paragraph (b), for "his or her" substitute "the person's";
(b)in the definition of cash facility, in paragraph (c), for "his or her" substitute "the person's";
(c)in the definition of lottery, in paragraph (b), for "him or her" substitute "the person";
(d)in the definition of self-excluded person, for "has voluntarily excluded himself or herself" substitute "is voluntarily excluded";
(e)in the definition of self-exclusion program, in paragraph (a), for "a person to voluntarily exclude himself or herself" substitute "the voluntary exclusion of a person".
2.2In section 1.3A, for "his or her" substitute "the person's".
2.3In section 2.5.40(2)(a), for "his or her" substitute "the person's".
2.4In section 3.1.4(3), for "his or her" substitute "the employee's or licence holder's".
2.5In section 3.4.14(4), for "he or she" substitute "the person".
2.6In section 3.4.38, in the definition of government representative, in paragraph (f), for "his or her" substitute "the Secretary's".
2.7In sections 3.4.44(2) and (4), 3.4.46 and 3.4.47, for "he or she" substitute "the Minister".
2.8In sections 3.4.59B(1A), 3.4.59C(2) and 3.4.59F(2)(a), for "his or her" substitute "the Minister's".
2.9In section 3.5.11(4)(a), for "his or her" substitute "the inspector's or licence holder's".
2.10In section 3.5.36A(3), for "his or her" (where twice occurring) substitute "the person's".
2.11In section 3.5.36D(2)(b) and (3)(b), for "his or her" substitute "the player's".
2.12In section 3.5.37(2) and (4), for "his or her" substitute "their".
2.13In section 3.5.39(1), for "his or her" substitute "the participant's".
2.14In sections 4.2.4A(3A) and 4.2.5(2C) omit "his or her".
2.15In section 4.3A.1AA, in the definition of government representative, in paragraph (f), for "his or her" substitute "the Secretary's".
2.16In section 4.3A.7—
(a)in subsection (2) omit "he or she is";
(b)in subsection (4), for "he or she" substitute "the Minister".
2.17In sections 4.3A.8(1) and 4.3A.9, for "he or she" substitute "the Minister".
2.18In section 4.3A.22(1A), for "his or her" substitute "the Minister's".
2.19In section 4.3A.24(3), for "he or she" substitute "the Minister".
2.20In section 4.3A.28(2)(a), for "his or her" substitute "the Minister's".
2.21In section 4.3A.34M(4)(b), for "he or she" substitute "the registered player".
2.22In section 4.3A.40, for "his or her" substitute "the Secretary's".
2.23In section 4.5.3—
(a)in subsection (3)(b), for "his or her" substitute "the Minister's";
(b)in subsection (4), for "he or she" substitute "the Minister".
2.24In section 4.5A.6(2), for "his or her" substitute "the registration holder's or nominee's".
2.25In section 4.7.2(2)(b) omit "his or her" (where twice occurring).
2.26In section 5.3.1AA, in the definition of government representative, in paragraph (f), for "his or her" substitute "the Secretary's".
2.27In section 5.3.2(3), for "his or her" substitute "the Minister's".
2.28In sections 5.3.16(1A) and 5.3.19(2), for "his or her" substitute "the Minister's".
2.29In section 6A.2A.1(2), for "he or she" substitute "the Minister".
2.30In section 6A.3.1AA, in the definition of government representative, in paragraph (f), for "his or her" substitute "the Secretary's".
2.31In section 6A.3.7—
(a)in subsections (2) and (2A) omit "he or she is";
(b)in subsection (4), for "he or she" substitute "the Minister".
2.32In section 6A.3.8(1), for "he or she" substitute "the Minister".
2.33In section 6A.3.9, for "he or she" substitute "the Minister".
2.34In sections 6A.3.22(1A) and 6A.3.23(2), for "his or her" substitute "the Minister's".
2.35In section 6A.3.24(3), for "he or she" substitute "the Minister".
2.36In section 6A.3.28(2)(a), for "his or her" substitute "the Minister's".
2.37In section 6A.3.40, for "his or her" substitute "the Secretary's".
2.38In sections 8.3.12(2)(d) and 8.4.2A(2)(d), for "his or her" substitute "the".
2.39In section 9.4.1(1) and (4), for "his or her" substitute "the Minister's".
2.40In sections 9A.1.6(3)(a) and (4) and 9A.1.11(1), for "his or her" substitute "the licensee's".
2.41In section 9A.1.12(1)—
(a)in the definition of disciplinary action, in paragraph (a), for "him or her" substitute "the licensee";
(b)in the definition of grounds for disciplinary action—
(i)in paragraph (a), for "his or her" substitute "the licensee's";
(ii)in paragraph (d), for "he or she" substitute "the licensee".
2.42In section 9A.1.17(1)(a), for "his or her" substitute "the licensee's".
2.43In section 10.2A.5(2), for "he or she" substitute "the person".
2.44In section 10.2A.7(1), for "he or she" substitute "the member".
2.45In section 10.2A.9(2), for "his or her" substitute "the chairperson's".
2.46In section 10.4.3(1), for "his or her" substitute "the person's".
2.47In section 10.4.3(2), for "his or her" substitute "the".
2.48In section 10.4.4(1)(c), for "he or she needs" substitute "necessary".
2.49In sections 10.4.5(1)(d) and 10.4.7K(1), for "his or her" substitute "the person's".
2.50In section 10.4.7L(1)(a)(iii) and (b)(ii), for "he or she needs" substitute "necessary".
2.51In section 10.4.7R(1) and (3), for "his or her" substitute "the related party's".
2.52In section 10.4.7S(1)(c), for "he or she needs" substitute "necessary".
2.53In section 10.4.7X, for "his or her" substitute "the Secretary's".
2.54In section 10.4.7ZA(1) and (3), for "his or her" substitute "the person's".
2.55In section 10.4.7ZB(1)(c), for "he or she needs" substitute "necessary".
2.56In section 10.4.7ZG, for "his or her" substitute "the Secretary's".
2.57In section 10.4A.12(2)(a), for "his or her" substitute "the associate's or person's".
2.58In section 10.5.5, for "his or her" substitute "the inspector's".
2.59In section 10.5.8(1), for "his or her functions as an inspector" substitute "the inspector's functions".
2.60In section 10.5.8(3), for "his or her" substitute "the inspector's".
2.61In section 10.5.9(1)(f)—
(a)for "he or she" substitute "the inspector";
(b)for "his or her" substitute "the inspector's".
2.62In section 10.5.10(2), for "his or her" substitute "the person's".
2.63In section 10.5.13—
(a)in subsection (1)—
(i)for "him or her" substitute "that person";
(ii)in paragraph (a), for "he or she" substitute "the person";
(b)in subsection (2)—
(i)for "him or her" substitute "that person";
(ii)for "he or she" substitute "the person".
2.64For section 10.5.14(1)(a) and (2)(a) substitute—
"(a)produce the inspector's identity card for inspection by that person; and".
2.65In section 10.5.15(b) and (c), for "his or her" substitute "the inspector's or police officer's".
2.66In section 10.5.18(1) and (2)—
(a)in paragraph (a)—
(i)for "his or her" substitute "the authorised person's";
(ii)for "him or her" substitute "the authorised person";
(b)in paragraphs (b) and (c), for "his or her" substitute "the authorised person's".
2.67In section 10.5.20(1), for "he or she" substitute "the inspector".
2.68In section 10.7.11—
(a)for "his or her" substitute "the employee's";
(b)for "he or she" substitute "the employee".
2.69In section 10.7.13—
(a)in subsection (1)(a), for "his or her" substitute "the person's";
(b)in subsection (4), for "him or her" substitute "the person".
2.70In section 11.1.2(a)(iii), for "his or her" substitute "the person's".
2.71In item 3.26A(d) of Schedule 1, for "his or her" substitute "the person's".
2.72In Form 3 of Schedule 4—
(a)for "him/her/them" (wherever occurring) substitute "the person/persons";
(b)for "he/she/they" substitute "the person/persons".
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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: 2 April 2025
Legislative Council: 27 May 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 and the Casino Control Act 1991 and for other purposes."
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