Gambling Regulation Amendment Act 2023 (Vic)

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Gambling Regulation Amendment Act 2023

No. 13 of 2023

table of provisions

Section  Page

1Purposes

2Commencement

3Principal Act

4Definitions

5Authority conferred by listing on the Roll

6Application to be listed on the Roll

7Purpose of Chapter 4

8Definitions for Chapter 4

9Exemption of totalisators

10Wagering and approved betting competitions

11Conduct of betting exchanges

12Approval of totalisator equipment

13Totalisator or approved betting competition not to be conducted without rules

14Betting exchange rules

15Licensee to make betting rules

16Disallowance of betting rules or betting exchange rules

17Commission may direct licensee to deal with certain bets

18Acceptance of wagers and bets

19Agents of licensee

20Investigation of complaints

21Termination of certain agent agreements

22Definitions for Part 3A of Chapter 4

23Authority of wagering and betting licence

24Section 4.3A.2 substituted

25Minister may invite applications

26Secretary may report on suitability of persons Minister is considering to invite to apply for wagering and betting licence

27Consent required for reports and investigation

28Application for licence

29Determination of applications

30Prohibition on improper interference

31Prohibition on lobbying

32Issue of licence

33Related agreements with wagering and betting licensee

34New section 4.3A.11A inserted

35Premium payment

36Engaging contractors and appointing agents to assist with wagering and betting

37Appointment of wagering and betting operator

38Approval of wholly-owned subsidiary

39Rights and obligations of wagering and betting operator

40Transfer of wagering and betting licence

41Report to Minister by Commission

42Request by licensee for amendment of licence

43New sections 4.3A.22A and 4.3A.22B inserted

44Amendment of licence

45Prohibition on lobbying for amendment of licence

46Surrender of licence

47Disciplinary and other action against licensee—preparatory action

48Temporary wagering and betting licence

49Related agreements with temporary wagering and betting licensee

50Approval of telecommunication devices by Commission

51Licensee not to enable betting by way of a betting exchange on races, competitions or events without relevant consent

52Licensee must conduct a betting exchange by way of certain telecommunication devices

53Commission or controlling body may request information

54Compliance with information notice

55Offences by the licensee as operator of betting exchange

56Verification of registered player's identity

57Wagering and betting funds of registered players

58Disclosure of names of registered players

59Directions to provide information

60Directions to licensees or operators

61Racing industry and licensee

62Commissions—wagering

63Dividends—wagering

64Commissions—approved betting competitions

65Dividends—approved betting competitions

66Licensee to pay charge

67Hospitals and Charities Fund

68Unclaimed refunds, dividends and prizes

69Offences relating to totalisators and approved betting competitions

70Tickets purportedly issued by licensee

71Offence related to payment of dividends or prizes

72Inducements, cheating etc.

73Offence to extend credit etc.

74Gambling by intoxicated persons prohibited

75Application of Division 1 of Part 8 of Chapter 4

76Banking

77Accounts

78Books etc. to be kept on the premises

79Audit of books, accounts and financial statements

80Submission of reports

81Competition and Consumer Act and Competition Code

82Directions to licence holders to provide information for policy development

83Application of Division 1 of Part 4 of Chapter 10

84Definitions for Division 1C of Part 4 of Chapter 10

85Definitions for Division 1D of Part 4 of Chapter 10

86Information gathering for law enforcement purposes

87Definition for Part 6 of Chapter 10

88Definitions for Part 7 of Chapter 10

89Offences in respect of allowing a minor to gamble

90Consequential amendment of Casino Control Act 1991

91Consequential amendment of Liquor Control Reform Act 1998

92Repeal of this Act

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Endnotes

1      General information

Gambling Regulation Amendment Act 2023

No. 13 of 2023

[Assented to 6 June 2023]

The Parliament of Victoria enacts:

1Purposes

The purposes of this Act are to amend the Gambling Regulation Act 2003 in relation to wagering and betting and to make consequential amendments to other Acts.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

In this Act, the Gambling Regulation Act 2003 is called the Principal Act.

4Definitions

In section 1.3(1) of the Principal Act—

(a)in the definition of gambling industry participant, in paragraph (k), for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(b)in the definition of key operative, in paragraph (ab), for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(c)in the definition of relevant applicant, invitee or registrant, in paragraphs (ab), (ba) and (d), for "the wagering and betting licence" (wherever occurring) substitute "a wagering and betting licence";

(d)in the definition of wagering and betting licence, for "the licence" substitute "a licence";

(e)in the definition of wagering and betting licensee, for "the wagering and betting licence" substitute "a wagering and betting licence";

(f)for the definition of wagering and betting operator substitute

"wagering and betting operator means a company appointed under section 4.3A.15A as operator of a wagering and betting licence;".

5Authority conferred by listing on the Roll

In section 3.4.5(c)(v) of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

6Application to be listed on the Roll

For section 3.4.61(1)(c)(iiib) of the Principal Act substitute

"(iiib)a wagering and betting licensee or a wagering and betting operator;".

7Purpose of Chapter 4

In section 4.1.1(ab) of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

8Definitions for Chapter 4

In section 4.1.2 of the Principal Act—

(a)in the definition of brokered betting event, for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(b)in the definition of registered player, for "registered with the wagering and betting licensee" substitute "registered with a wagering and betting licensee".

9Exemption of totalisators

In section 4.1.3 of the Principal Act—

(a)in subsection (4), for "the wagering and betting licensee" (where first occurring) substitute "a wagering and betting licensee";

(b)in subsection (5), for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(c)in subsection (6), for "the wagering and betting licensee" (where first occurring) substitute "a wagering and betting licensee".

10Wagering and approved betting competitions

In section 4.2.1(3) of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

11Conduct of betting exchanges

In section 4.2.1A of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

12Approval of totalisator equipment

In section 4.2.3 of the Principal Act—

(a)in subsections (1) and (2), for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(b)in subsection (5), for "the wagering and betting licensee" substitute "a wagering and betting licensee".

13Totalisator or approved betting competition not to be conducted without rules

In section 4.2.4(1) of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

14Betting exchange rules

In section 4.2.4A of the Principal Act—

(a)in subsection (1), for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(b)in subsection (2), for "the wagering and betting licence, the wagering and betting licensee" substitute "their wagering and betting licence, a wagering and betting licensee";

(c)in subsection (6), for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(d)in subsections (7) and (8), for "the wagering and betting licensee and the registered player" substitute "a wagering and betting licensee and a registered player";

(e)in subsection (9), for "The wagering and betting licensee" substitute "A wagering and betting licensee".

15Licensee to make betting rules

In section 4.2.5 of the Principal Act—

(a)in subsection (1A), for "the wagering and betting licence, the wagering and betting licensee" substitute "their wagering and betting licence, a wagering and betting licensee";

(b)in subsection (5), for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(c)in subsection (7), for "the wagering and betting licensee and the investor" substitute "a wagering and betting licensee and an investor".

16Disallowance of betting rules or betting exchange rules

In section 4.2.6(1) of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

17Commission may direct licensee to deal with certain bets

In section 4.2.7 of the Principal Act—

(a)in subsection (1), after "licensee" insert "who made the rule";

(b)in subsection (2), for "The wagering and betting licensee" substitute "A wagering and betting licensee".

18Acceptance of wagers and bets

In section 4.2.8 of the Principal Act—

(a)for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(b)after "authorised under the" insert "licensee's".

19Agents of licensee

In section 4.2.9 of the Principal Act—

(a)in subsection (1), for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(b)in subsection (2), for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(c)in subsection (3)—

(i)for "The wagering and betting licensee must" substitute "A wagering and betting licensee must";

(ii)in paragraph (b) omit "wagering and betting";

(d)in subsection (4), for "The wagering and betting licensee" substitute "A wagering and betting licensee".

20Investigation of complaints

In section 4.2.10(1) of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

21Termination of certain agent agreements

In section 4.2.11(1) of the Principal Act—

(a)in paragraph (b), for "the wagering and betting licensee's Responsible Gambling Code of Conduct" substitute "the Responsible Gambling Code of Conduct of the wagering and betting licensee who is a party to the agreement";

(b)in paragraphs (c) and (d), after "the wagering and betting licensee" insert "who is a party to the agreement".

22Definitions for Part 3A of Chapter 4

In section 4.3A.1AA of the Principal Act—

(a)in the definition of applicant, for "the wagering and betting licence" substitute "a wagering and betting licence";

(b)in the definition of interested person, in paragraph (d), for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(c)in the definition of licence awarding process, in paragraphs (a) and (b), for "the wagering and betting licence" substitute "a wagering and betting licence";

(d)in the definition of lobbying activity, in paragraph (b)—

(i)for "the wagering and betting licence" (where first occurring) substitute "a wagering and betting licence";

(ii)for "the wagering and betting licence" (where secondly occurring) substitute "the licence";

(e)in the definition of pending applicant, for "the wagering and betting licence" (where twice occurring) substitute "a wagering and betting licence";

(f)in the definition of possible invitee, for "the wagering and betting licence" substitute "a wagering and betting licence".

23Authority of wagering and betting licence

In section 4.3A.1 of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

24Section 4.3A.2 substituted

For section 4.3A.2 of the Principal Act substitute

"4.3A.2   Minister determines number of wagering and betting licences

The Minister is to determine from time to time the number of wagering and betting licences that may be issued.".

25Minister may invite applications

In section 4.3A.3(1) and (2) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

26Secretary may report on suitability of persons Minister is considering to invite to apply for wagering and betting licence

In section 4.3A.4(1) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

27Consent required for reports and investigation

In section 4.3A.4A(b)(i) and (ii) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

28Application for licence

(1)In section 4.3A.5(1) of the Principal Act, for "the wagering and betting licence" (where twice occurring) substitute "a wagering and betting licence".

(2)In the note at the foot of section 4.3A.5 of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

29Determination of applications

(1)In section 4.3A.7(2) of the Principal Act—

(a)in paragraph (b), before "that" insert "subject to subsection (5),";

(b)paragraph (c) is repealed.

(2)After section 4.3A.7(4) of the Principal Act insert

"(5)Subsection (2)(b) applies only in relation to an application for a wagering and betting licence that is to take effect immediately following the expiry of the wagering and betting licence in effect at the commencement of the Gambling Regulation Amendment Act 2023.".

30Prohibition on improper interference

In section 4.3A.7A(1) and (2)(a) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

31Prohibition on lobbying

In section 4.3A.7B(2) of the Principal Act, for "the wagering and betting licence" (wherever occurring) substitute "a wagering and betting licence".

32Issue of licence

After section 4.3A.8(1) of the Principal Act insert

"(2)A wagering and betting licence cannot be issued under this section that has effect, otherwise than as provided by section 4.3A.12, at any time while the wagering and betting licence in effect at the commencement of the Gambling Regulation Amendment Act 2023 remains in effect.".

33Related agreements with wagering and betting licensee

In section 4.3A.10AA of the Principal Act—

(a)in subsection (1)—

(i)for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(ii)after "relating to the" insert "licensee's";

(b)in subsections (4) and (5), for "The wagering and betting licensee" substitute "A wagering and betting licensee".

34New section 4.3A.11A inserted

After section 4.3A.11 of the Principal Act insert

"4.3A.11A   Exclusivity period for licence

(1)When issuing a wagering and betting 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 wagering and betting licences, no new wagering and betting licence can be issued that has effect, otherwise than as provided by section 4.3A.12, at any time during the exclusivity period.".

35Premium payment

In section 4.3A.13 of the Principal Act—

(a)in subsection (1), for "the wagering and betting licensee to pay, as consideration for a wagering and betting licence" substitute "a wagering and betting licensee to pay, as consideration for the licensee's wagering and betting licence";

(b)in subsections (2), (3) and (4), for "the wagering and betting licence" (wherever occurring) substitute "a wagering and betting licence".

36Engaging contractors and appointing agents to assist with wagering and betting

In section 4.3A.15 of the Principal Act—

(a)in subsection (1), for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(b)in subsection (2)—

(i)for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(ii)after "regulations, the" insert "licensee's".

37Appointment of wagering and betting operator

In section 4.3A.15A of the Principal Act—

(a)in subsection (1)—

(i)for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(ii)after "operator of the" insert "licensee's";

(b)in subsection (3), for "The licensee" substitute "A wagering and betting licensee";

(c)in subsection (4), for "the licensee" substitute "a wagering and betting licensee".

38Approval of wholly-owned subsidiary

In section 4.3A.15B of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

39Rights and obligations of wagering and betting operator

(1)For section 4.3A.15C(1) of the Principal Act substitute

"(1)A wagering and betting operator is authorised to conduct any activities that the wagering and betting licensee who appointed the operator is authorised to conduct under the licensee's wagering and betting licence, subject to this Act and the regulations, the Racing Act 1958 and any conditions to which the licence is subject.".

(2)In section 4.3A.15C of the Principal Act—

(a)in subsection (2), for "the wagering and betting licence, the wagering and betting operator" substitute "a wagering and betting licence, a wagering and betting operator";

(b)in subsection (3), for "the wagering and betting operator performs any obligation of the wagering and betting licensee" substitute "a wagering and betting operator performs any obligation of a wagering and betting licensee";

(c)in subsection (4)(a) and (b)—

(i)for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(ii)for "the wagering and betting operator" substitute "a wagering and betting operator";

(d)in subsection (5), for "the wagering and betting licence includes a reference to the wagering and betting operator" substitute "a wagering and betting licence includes a reference to a wagering and betting operator".

40Transfer of wagering and betting licence

(1)In section 4.3A.18 of the Principal Act—

(a)in subsection (1), for "the wagering and betting licence" substitute "a wagering and betting licence";

(b)in subsection (3), for "the wagering and betting licence" (where first occurring) substitute "a wagering and betting licence";

(c)in subsection (4)—

(i)in paragraph (a), before "that" insert "subject to subsection (4AA),";

(ii)in paragraph (b), before "that" (where first occurring) insert "subject to subsection (4AA),".

(2)After section 4.3A.18(4) of the Principal Act insert

"(4AA)Subsection (4)(a) and (b) do not apply in relation to a wagering and betting licence taking effect on or after 16 August 2024.".

(3)In section 4.3A.18(6) and (7) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

(4)For section 4.3A.18(8) of the Principal Act substitute

"(8)If the Minister transfers a wagering and betting licence, the transferee becomes a wagering and betting licensee and assumes all the obligations of a wagering and betting licensee under this Act.".

41Report to Minister by Commission

In section 4.3A.19(1) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

42Request by licensee for amendment of licence

In section 4.3A.22(1) of the Principal Act—

(a)for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(b)for "amend a" substitute "amend the licensee's".

43New sections 4.3A.22A and 4.3A.22B inserted

After section 4.3A.22 of the Principal Act insert

"4.3A.22A   Notification of other affected licensees

(1)The Minister may require a wagering and betting licensee who requests a licence amendment to notify in writing the licensee of any other wagering and betting licence that, in the Minister's opinion, may be adversely affected if the amendment is made.

(2)Notification under subsection (1)—

(a)must be in the form and contain the information required by the Minister; and

(b)must include the reasons for the requested amendment; and

(c)must inform the licensee to whom it is given of their right to object to the requested amendment.

(3)If a requirement made by this section is not complied with, the Minister may refuse to consider the request for amendment.

4.3A.22BObjection by other licensees

(1)A wagering and betting licensee who receives notice under section 4.3A.22A may lodge a written objection with the Minister.

(2)The objection must be lodged within 28 days after receiving the notice.".

44Amendment of licence

In section 4.3A.23 of the Principal Act—

(a)in subsection (1), after "licensee" insert "and to any wagering and betting licensee who lodged an objection under section 4.3A.22B";

(b)in subsections (1A) and (1B), for "the wagering and betting licence" substitute "a wagering and betting licence";

(c)in subsection (2), for "take into account whether, in his or her" substitute "have regard to any objections lodged under section 4.3A.22B, and must take into account whether, in the Minister's".

45Prohibition on lobbying for amendment of licence

In section 4.3A.23A(1) and (2) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

46Surrender of licence

In section 4.3A.24(1) of the Principal Act, for "The wagering and betting licensee may surrender a" substitute "A wagering and betting licensee may surrender their".

47Disciplinary and other action against licensee—preparatory action

(1)In section 4.3A.30A(1) of the Principal Act—

(a)in paragraphs (a) and (b)(i), for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(b)in paragraph (b)(ii), for "the wagering and betting licence" substitute "a wagering and betting licence".

(2)In section 4.3A.30A(2) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

48Temporary wagering and betting licence

(1)In section 4.3A.31(2) of the Principal Act—

(a)in paragraph (d), before "that" insert "subject to subsection (2AA),";

(b)paragraph (e) is repealed.

(2)After section 4.3A.31(2) of the Principal Act insert

"(2AA)Subsection (2)(d) applies only if the original licence took effect immediately following the expiry of the wagering and betting licence in effect at the commencement of the Gambling Regulation Amendment Act 2023.".

49Related agreements with temporary wagering and betting licensee

In section 4.3A.34AA of the Principal Act—

(a)in subsection (1), for "the temporary wagering and betting licensee" substitute "a temporary wagering and betting licensee";

(b)in subsections (4) and (5), for "The temporary wagering and betting licensee" substitute "A temporary wagering and betting licensee".

50Approval of telecommunication devices by Commission

In section 4.3A.34B(1) of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

51Licensee not to enable betting by way of a betting exchange on races, competitions or events without relevant consent

In section 4.3A.34C of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

52Licensee must conduct a betting exchange by way of certain telecommunication devices

In section 4.3A.34D of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

53Commission or controlling body may request information

In section 4.3A.34E(1) and (2) of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

54Compliance with information notice

In section 4.3A.34F of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

55Offences by the licensee as operator of betting exchange

In section 4.3A.34G of the Principal Act—

(a)in subsections (1) and (2), for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(b)in subsection (3), for "the wagering and betting licensee" substitute "a wagering and betting licensee".

56Verification of registered player's identity

In section 4.3A.34L of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

57Wagering and betting funds of registered players

In section 4.3A.34M of the Principal Act—

(a)in subsection (1), in the definition of wagering and betting funds

(i)for "the wagering and betting licensee" (where first occurring) substitute "a wagering and betting licensee";

(ii)in paragraphs (a) and (b) omit "wagering and betting";

(b)in subsections (2), (3), (4) and (5), for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(c)in subsection (6)—

(i)for "the wagering and betting licensee" (where first occurring) substitute "a wagering and betting licensee";

(ii)for "held by the wagering and betting licensee" substitute "held by the licensee";

(d)in subsection (7), for "The wagering and betting licensee" substitute "A wagering and betting licensee".

58Disclosure of names of registered players

In section 4.3A.34N(1) and (2) of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

59Directions to provide information

In section 4.3A.39A of the Principal Act—

(a)in subsection (1)—

(i)for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(ii)in paragraph (b), after "under the" insert "licensee's";

(b)in subsection (2), for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(c)in subsection (3)—

(i)in paragraph (a), for "the wagering and betting licence" substitute "a wagering and betting licence under this Part";

(ii)in paragraphs (ab) and (b), for "the wagering and betting licence" substitute "a wagering and betting licence".

60Directions to licensees or operators

In section 4.3A.39B(1) of the Principal Act—

(a)for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(b)after "under the" insert "licensee's".

61Racing industry and licensee

In section 4.4.7 of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

62Commissions—wagering

In section 4.6.1(2) of the Principal Act—

(a)for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(b)for "by the wagering and betting licensee" substitute "by the licensee".

63Dividends—wagering

In section 4.6.2 of the Principal Act—

(a)in subsection (4)—

(i)for "The wagering and betting licensee, after deduction of the wagering and betting licensee's" substitute "A wagering and betting licensee, after deduction of the licensee's";

(ii)for "totalisators conducted by the wagering and betting licensee" substitute "totalisators conducted by the licensee";

(b)in subsection (5)—

(i)for "the wagering and betting licensee, the wagering and betting licensee" substitute "a wagering and betting licensee, the licensee";

(ii)for "subsequent totalisator conducted by the wagering and betting licensee" substitute "subsequent totalisator conducted by the licensee".

64Commissions—approved betting competitions

In section 4.6.4(2) of the Principal Act—

(a)for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(b)for "by the wagering and betting licensee" substitute "by the licensee".

65Dividends—approved betting competitions

In section 4.6.5 of the Principal Act—

(a)in subsection (4)—

(i)for "The wagering and betting licensee, after the deduction of the wagering and betting licensee's" substitute "A wagering and betting licensee, after the deduction of the licensee's";

(ii)for "totalisator conducted by the wagering and betting licensee" substitute "totalisator conducted by the licensee";

(b)in subsection (5)—

(i)for "the wagering and betting licensee on an approved betting competition, the wagering and betting licensee" substitute "a wagering and betting licensee on an approved betting competition, the licensee";

(ii)for "subsequent totalisator conducted by the wagering and betting licensee" substitute "subsequent totalisator conducted by the licensee".

66Licensee to pay charge

In section 4.6.7A(1) of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

67Hospitals and Charities Fund

In section 4.6.8(2) of the Principal Act, for "the wagering and betting licence or the extension of the wagering and betting licence" substitute "a wagering and betting licence or the extension of a wagering and betting licence".

68Unclaimed refunds, dividends and prizes

In section 4.6.9(1A) of the Principal Act—

(a)for "the wagering and betting licensee" (where first occurring) substitute "a wagering and betting licensee";

(b)for "expenses of the wagering and betting licensee" substitute "expenses of the licensee".

69Offences relating to totalisators and approved betting competitions

In section 4.7.2(1) and (4) of the Principal Act, for "the wagering and betting licensee, the wagering and betting operator" substitute "a wagering and betting licensee, a wagering and betting operator".

70Tickets purportedly issued by licensee

(1)For section 4.7.3(1) of the Principal Act substitute

"(1)A person who is not—

(a)lawfully managing or controlling or being employed by a wagering and betting licensee, a wagering and betting operator or a permit holder; or

(b)an agent of a wagering and betting licensee, a wagering and betting operator or a permit holder—

must not sell or offer to sell any ticket or acknowledgement purporting to be issued by a wagering and betting licensee, wagering and betting operator or permit holder in respect of a bet.

Penalty:60 penalty units.".

(2)In section 4.7.3(2) of the Principal Act, for "the wagering and betting licensee, the wagering and betting operator" substitute "a wagering and betting licensee, a wagering and betting operator".

71Offence related to payment of dividends or prizes

In section 4.7.4 of the Principal Act, for "the wagering and betting licensee, of the wagering and betting operator" substitute "a wagering and betting licensee, of a wagering and betting operator".

72Inducements, cheating etc.

In section 4.7.5(3) of the Principal Act, in the definition of relevant person, for "the wagering and betting licensee, the wagering and betting operator" (wherever occurring) substitute "a wagering and betting licensee, a wagering and betting operator".

73Offence to extend credit etc.

In section 4.7.6 of the Principal Act, for "The wagering and betting licensee or a permit holder or an agent or employee of the wagering and betting licensee" substitute "A wagering and betting licensee or a permit holder or an agent or employee of a wagering and betting licensee".

74Gambling by intoxicated persons prohibited

In section 4.7.7 of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

75Application of Division 1 of Part 8 of Chapter 4

In section 4.8.1 of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

76Banking

In section 4.8.2(1A) of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

77Accounts

In section 4.8.3(1A) and (4) of the Principal Act—

(a)for "The wagering and betting licensee" substitute "A wagering and betting licensee";

(b)for "of the wagering and betting licensee" substitute "of the licensee".

78Books etc. to be kept on the premises

In section 4.8.4 of the Principal Act—

(a)in subsection (1A)—

(i)for "The wagering and betting licensee must" substitute "A wagering and betting licensee must";

(ii)for "of the wagering and betting licensee" (where twice occurring) substitute "of the licensee";

(b)in subsection (3), for "the wagering and betting licensee" substitute "a wagering and betting licensee".

79Audit of books, accounts and financial statements

In section 4.8.5 of the Principal Act—

(a)in subsection (1A)—

(i)for "The wagering and betting licensee must" substitute "A wagering and betting licensee must";

(ii)for "of the wagering and betting licensee" substitute "of the licensee";

(b)in subsection (3A), for "the wagering and betting licensee" substitute "a wagering and betting licensee";

(c)in subsection (4), for "The wagering and betting licensee" substitute "A wagering and betting licensee".

80Submission of reports

In section 4.8.6(1A) of the Principal Act, for "The wagering and betting licensee" substitute "A wagering and betting licensee".

81Competition and Consumer Act and Competition Code

In section 4.9.1(1)(a) and (b) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

82Directions to licence holders to provide information for policy development

In section 10.1A.2(5) of the Principal Act, in the definition of licence holder, for paragraph (f) substitute

"(f)a wagering and betting licensee.".

83Application of Division 1 of Part 4 of Chapter 10

In section 10.4.1(a) of the Principal Act, for "the wagering and betting licence" substitute "a wagering and betting licence".

84Definitions for Division 1C of Part 4 of Chapter 10

In section 10.4.7P of the Principal Act, in the definition of relevant licence, for paragraph (b) substitute

"(b)a wagering and betting licence; or".

85Definitions for Division 1D of Part 4 of Chapter 10

In section 10.4.7Y of the Principal Act, in the definition of relevant licence, for paragraph (b) substitute

"(b)a wagering and betting licence; or".

86Information gathering for law enforcement purposes

In section 10.4.11(7) of the Principal Act, in the definition of regulated person, for paragraph (g) substitute

"(g)a wagering and betting licensee;".

87Definition for Part 6 of Chapter 10

In section 10.6.5 of the Principal Act, in the definition of relevant person, for paragraph (ca) substitute

"(ca)a wagering and betting licensee;".

88Definitions for Part 7 of Chapter 10

In section 10.7.1(1) of the Principal Act, in the definition of gambling provider

(a)in paragraph (b), for "the wagering and betting licensee or the" substitute "a wagering and betting licensee or";

(b)in paragraph (ba), for "the wagering and betting licensee" substitute "a wagering and betting licensee".

89Offences in respect of allowing a minor to gamble

In section 10.7.3(2) of the Principal Act, for "the wagering and betting licensee" substitute "a wagering and betting licensee".

90Consequential amendment of Casino Control Act 1991

In section 81A(3)(a) of the Casino Control Act 1991, for "the wagering and betting licensee or the" substitute "a wagering and betting licensee or".

91Consequential amendment of Liquor Control Reform Act 1998

In section 115(2)(ba)(i) of the Liquor Control Reform Act 1998, for "the wagering and betting licence" substitute "a wagering and betting licence".

92Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

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: 3 May 2023

Legislative Council: 30 May 2023

The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 in relation to wagering and betting and to make consequential amendments to other Acts and for other purposes."

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