Gambling Regulation (Further Amendment) Act 2004 (Vic)

Gambling Regulation (Further Amendment) Act 2004

Act No. 104/2004

table of provisions

Section  Page

Part 1—Preliminary

1.Purposes

2.Commencement

3.Principal Act

Part 2—Amendment of the Gambling Regulation Act 2003

4.Definitions

5.Betting offences

6.Casino

7.Compulsory training for certain special employees

8.Community benefit statements

9.Regulation of shareholding interests

10.Power to require information

11.Voting rights in respect of shares

12.Annulment of resolutions

13.Unclaimed prizes

14.Trade promotion lotteries

15.Duty payable on club keno games

16.Conduct of club keno

17.Sale of tickets

18.Accredited representatives

19.New sections 6.2.6A and 6.2.6B inserted

6.2.6A.Approval of club keno system

6.2.6BSecurity of certain equipment

20.New sections 6.2.11 to 6.2.14 inserted

6.2.11Club keno rules

6.2.12Commencement of rules

6.2.13Publication and inspection of club keno rules

6.2.14Disallowance of club keno rules

21.Interactive gaming—disciplinary action

22.Purpose of Chapter 8

23.Definition of nominee

24.Minor gaming

25.New section 8.2.5 inserted

8.2.5Disclosure if raffle proceeds to be paid to or for a political party

26.Minor gaming permit

27.Fee payable to bingo centre operator

28.Section 8.5.38 substituted

8.5.38Returns to the Commission

29.New Part 5A inserted in Chapter 8

PART 5A—COMMERCIAL RAFFLE ORGANISERS

8.5A.1Definition

8.5A.2Requirement to be licensed

8.5A.3Commission may require person to show cause

8.5A.4Appeal

8.5A.5Application for licence

8.5A.6Objections

8.5A.7Matters to be considered in determining applications

8.5A.8Determination of application

8.5A.9Duration of licence

8.5A.10Nominee of licensee

8.5A.11Licence non-transferable

8.5A.12Licence renewal

8.5A.13Amendment of conditions

8.5A.14Disciplinary action

8.5A.15Letter of censure

8.5A.16Effect and maximum period of suspension of commercial raffle organiser's licence

8.5A.17Suspension of commercial raffle organiser's licence pending criminal proceedings

8.5A.18Licence document to be surrendered

8.5A.19Provisional commercial raffle organiser's licence

8.5A.20Notification of persons becoming associates

8.5A.21Investigation of associates

8.5A.22Termination of association

8.5A.23Community or charitable organisation may contract with licensee to conduct raffle

8.5A.24Expenses licensee can charge for raffle

8.5A.25Promotion of raffle

8.5A.26Accounts and financial statements

8.5A.27Returns to the Commission

30.Records

31.Change in situation of licensee or associate

32.New Chapter 9A inserted

CHAPTER 9A—LICENSING OF GAMING INDUSTRY EMPLOYEES

9A.1.1Definitions

9A.1.2Authority conferred by a gaming industry employee's licence

9A.1.3Gaming industry employees to be licensed

9A.1.4Application for gaming industry employee's licence

9A.1.5Determination of application

9A.1.6Conditions of gaming industry employee's licence

9A.1.7Appeal

9A.1.8Identification of gaming industry employee

9A.1.9Provisional licence

9A.1.10Duration of gaming industry employee's licence

9A.1.11Renewal of gaming industry employee's licence

9A.1.12Disciplinary action

9A.1.13 Suspension of gaming industry employee's licence in connection with criminal proceedings

9A.1.14Effect etc. of suspension

9A.1.15Return of licence on suspension or cancellation

9A.1.16Termination of employment on suspension or cancellation of licence

9A.1.17Licensee to provide information relating to licence

9A.1.18Compulsory training for certain gaming industry employees

9A.1.19Venue operator may perform duties of gaming industry employee

9A.1.20Volunteers at bingo centres

9A.1.21Casino employees

33.Commission proceedings

34.Delegation

35.Gambling Research Panel abolished

Part 2—RESPONSIBLE GAMBLING MINISTERIAL ADVISORY COUNCIL

10.2.1Minister may establish Responsible Gambling Ministerial Advisory Council

10.2.2Function of Council

36.Investigation of applications

37.Regulations

38.Consequential amendment—commercial raffle organiser's licence

39.Consequential amendments—gaming industry employee's
licence

40.Consequential amendments—abolition of Gambling Research Panel

41.Consequential amendment

42.Transitional

Part 3—Amendment of the Casino Control Act 1991

43.Application for licence under Part 4

44.Holders of gaming industry employee's licence

45.Renewal of licence

46.Training courses for casino employees

47.Training in relation to gaming machines

Part 4—Amendment of Other Acts

48.Statute law revision

49.Consequential amendment

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Endnotes

Gambling Regulation (Further Amendment) Act 2004

[Assented to 21 December 2004]

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purposes

The purposes of this Act are—

(a)to provide further for the oversight of raffles and raffle organisers;

(b)to provide for a gaming industry employee's licence to replace special employee's licences, technician's licences and bingo centre employee's licences;

(c)to provide further for club keno;

(d)to abolish the Gambling Research Panel and provide for a Responsible Gambling Ministerial Advisory Council;

(e)to make other miscellaneous amendments to the Gambling Regulation Act 2003 and the Casino Control Act 1991.

2.Commencement

(1)This Part and sections 4(1), 4(2), 5, 6, 7, 8, 13, 14, 15, 24, 26, 27, 28, 33, 34, 35, 36(2), 36(5), 36(8), 36(11), 37(5), 40, 42, 46 and 48 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 21 is deemed to have come into operation on 1 July 2004.

(3)Section 45 is deemed to have come into operation on 1 March 2001.

(4)Sections 9, 10, 11, 12, 39(6), 41 and 49 come into operation on a day or days to be proclaimed.

(5)Subject to sub-section (6), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(6)If a provision referred to in sub-section (5) does not come into operation before 1 July 2006, it comes into operation on that day.

3.Principal Act

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

__________________

Part 2—Amendment of the Gambling Regulation Act 2003

4.Definitions

(1)In section 1.3(1) of the Principal Act, for the definition of "gaming machine area" substitute—

' "gaming machine area" means—

(a)in relation to an approved venue, an area in the approved venue that is approved by the Commission under Part 3 of Chapter 3 as an area in which a gaming machine is permitted to be installed; or

(b)in relation to a casino, an area in the casino that is determined by the Commission under section 3.1.5(3A) to be a gaming machine area only for the purposes referred to in that sub-section;'.

(2)In section 1.3(1) of the Principal Act, for the definition of "casino special employee's licence" substitute—

'"casino special employee's licence" means a licence issued under Part 4 of the Casino Control Act 1991;'.

(3)In section 1.3(1) of the Principal Act insert the following definition—

' "club keno system" means an electronic system for conducting and monitoring club keno games, including terminals and peripheral equipment for selling tickets and for validating winning tickets, visual display units, the central processing unit, the game result determination device, front-end devices and other equipment for communication within the system and software in so far as it relates to the conduct and monitoring of club keno games;'.

(4)In section 1.3(1) of the Principal Act—

(a)the definitions of "bingo centre employee", "bingo centre employee's licence", "licensed technician", "special employee's licence" and "technician's licence" are repealed;

(b)insert the following definition—

' "gaming industry employee's licence" means a licence issued under Chapter 9A;'.

(5)In section 1.3(1) of the Principal Act insert the following definitions—

' "commercial raffle organiser" means a person, other than an employee of the holder of a minor gaming permit, who is retained on a commercial basis to conduct a raffle, in whole or in part;

"commercial raffle organiser's licence" means a licence granted under Part 5A of Chapter 8;'.

5.Betting offences

(1)In section 2.5.2(2) of the Principal Act, for "that is declared by the regulations to be a law that corresponds to this section" substitute "that would, if committed in Victoria, be an offence against sub-section (1)".

(2)In section 2.5.8(5) of the Principal Act, for "that is declared by the regulations to be a law that corresponds to this section" substitute "that would, if committed in Victoria, be an offence against sub-section (4)".

(3)In section 2.5.45(3) of the Principal Act, in the definition of "relevant offence", for "that is declared by the regulations to be a law that corresponds to this section" substitute "that would, if committed in Victoria, be an offence against this section".

(4)In section 2.6.1(2) of the Principal Act, in the definition of "relevant offence", for "that is declared by the regulations to be a law that corresponds to this section" substitute "that would, if committed in Victoria, be an offence against this section".

6.Casino

(1)In section 3.1.5(2)(c) of the Principal Act, for "licensed technicians" substitute "persons holding a licence issued under Part 4 of the Casino Control Act 1991".

(2)After section 3.1.5(3) of the Principal Act insert—

"(3A)The Commission, having regard to any plans, diagrams and specifications approved under section 59 of the Casino Control Act 1991, may, by instrument, determine that an area in a casino is a gaming machine area for the purposes of matters relevant to the provision to players of gaming machines of information relevant to gaming on gaming machines.".

7.Compulsory training for certain special employees

(1)In the heading to section 3.4.54 of the Principal Act, for "special" substitute "certain".

(2)In section 3.4.54(1) of the Principal Act, after "licensee" insert "who is employed by a venue operator and is working in the gaming machine area of an approved venue".

(3)For section 3.4.54(2) of the Principal Act substitute—

"(2)A venue operator must ensure that a person who is employed by the venue operator to work in the gaming machine area of an approved venue does not perform any of the duties of a special employee unless the person has complied with sub-section (1).

Penalty:20 penalty units.".

(4)In section 3.4.54(4) of the Principal Act—

(a)in the definition of "approved training course", for "(3)." substitute "(3);";

(b)after the definition of "approved training course" insert—

' "licensee" includes a venue operator or the nominee of a venue operator who performs the duties of a special employee under the venue operator's licence.'.

8.Community benefit statements

In section 3.6.9 of the Principal Act—

(a)in sub-section (1), for "a community benefit statement with the Commission" substitute "with the Commission a community benefit statement in respect of each approved venue of the venue operator";

(b)in sub-section (2)(a), for "Minister" substitute "Commission";

(c)in sub-section (7), after "supplies for community purposes are" insert "not".

9.Regulation of shareholding interests

In section 4.3.18 of the Principal Act—

(a)in sub-section (1), the definition of "associate" is repealed;

(b)for sub-section (2)(a) substitute—

"(a)if the person would be an associate of the other as provided in Division 2 of Part 1.2 of the Corporations Act if sections 12(1)(a), 12(3), 13, 16(2) and 17 of that Act were repealed; or";

(c)in sub-section (3), after "(2)" insert "(b)".

10.Power to require information

After section 4.3.21(4) of the Principal Act insert—

"(5)Sub-section (3)(e) is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act.

Note:Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.".

11.Voting rights in respect of shares

After section 4.3.23(4) of the Principal Act insert—

"(5)The provisions of sub-sections (1), (2), (3) and (4) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act.

Note:Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.".

12.Annulment of resolutions

After section 4.3.24(3) of the Principal Act insert—

"(4)The provisions of sub-sections (1), (2) and (3) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act.

Note:Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporation legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.".

13.Unclaimed prizes

After section 5.5.9(1) of the Principal Act insert—

"(1A)For the purposes of sub-section (1), a prize that has been won in a public lottery, where the record of entry relates to more than one public lottery conducted during a period, is deemed to have been won on the date when winners of prizes in the last lottery recorded on the record of entry are determined.".

14.Trade promotion lotteries

In section 5.7.16(1) of the Principal Act—

(a)omit "for which a permit has been issued";

(b)after "permit" insert ", if any,".

15.Duty payable on club keno games

In section 6.1.2 of the Principal Act insert the following definition—

' "amount received by the participants", in relation to a club keno game, includes entries in the club keno game for which payment was not received by the participants;'.

16.Conduct of club keno

In section 6.2.4 of the Principal Act, omit "in an approved venue".

17.Sale of tickets

In section 6.2.5(1) of the Principal Act, after "approved venue" insert "or a casino".

18.Accredited representatives

At the end of section 6.2.6 of the Principal Act insert—

"(2)The participants may accredit in writing representatives of the participants to sell tickets in club keno games.

(3)An accredited representative must hold a venue operator's licence or a casino licence.

(4)The participants must give to the Commission the names and addresses of representatives accredited by them.".

19.New sections 6.2.6A and 6.2.6B inserted

After section 6.2.6 of the Principal Act insert—

"6.2.6A.Approval of club keno system

(1)The participants must not use a club keno system unless it has been approved by the Commission.

(2)The participants must not use a club keno system which has been varied from the system approved by the Commission unless the variation has been approved by the Commission.

(3)The Commission may approve—

(a)a club keno system; or

(b)a variation to a club keno system—

for use by the participants.

(4)The Commission may make an approval to use, or a variation of an approval to use, a club keno system subject to any conditions that it thinks fit.

(5)A function of the Commission under this section may be performed by any commissioner.

6.2.6BSecurity of certain equipment

(1)The participants operating a club keno system must ensure that only persons authorised by them have physical access to the central processing unit and game result determination device of the club keno system.

(2)Equipment at an approved venue which is used for the conduct or monitoring of club keno games must not be accessible to the public unless it is intended for public use.".

20.New sections 6.2.11 to 6.2.14 inserted

After section 6.2.10 of the Principal Act insert—

"6.2.11Club keno rules

(1)The participants must make rules, not inconsistent with this Act and the regulations, for or with respect to the conduct of club keno games.

(2)The participants must not conduct a club keno game unless—

(a)rules for the conduct of club keno games are in force; and

(b)the club keno game is conducted in accordance with those rules.

Penalty:100 penalty units.

(3)Without limiting sub-section (1), the rules must provide for the following—

(a)the manner of entering a club keno game;

(b)the recording of entries in a club keno game;

(c)the determination of the entitlement, if any, of a player to a prize or a bonus prize in a club keno game;

(d)the payment of prizes in, or the refund of money paid to enter, a club keno game;

(e)the publication of results in a club keno game.

Note:The regulations set out further requirements for the conduct of club keno games.

(4)As soon as practicable after making rules for the conduct of club keno games, the participants must give a copy of the rules to the Commission.

(5)Rules for the conduct of club keno games, as in force when an entry to a club keno game is accepted, form part of the contract between the participants and the player.

6.2.12Commencement of rules

(1)Rules made under section 6.2.11 come into force on the day specified in the rules, being a day—

(a)at least 4 weeks after the day on which the rules are made; or

(b)an earlier day approved by the Commission, not being a day before the rules are made.

(2)An approval under sub-section (1)(b) must be in writing.

(3)Despite sub-section (1), rules made under section 6.2.11 cannot come into force before notice of making them is published in accordance with section 6.2.13.

6.2.13Publication and inspection of club keno rules

(1)The participants must publish notice of the making of rules for the conduct of club keno games in the Government Gazette and in a newspaper circulating generally in Victoria.

(2)The participants, or an accredited representative of the participants, who accept entries in a club keno game must—

(a)make available a complete copy of the rules for the conduct of club keno games for inspection by any person free of charge on request; and

(b)at each place or point at which those entries are accepted, display a notice stating that the rules are available for inspection.

(3)A notice under sub-section (2)(b) must be in the form approved by the Commission.

6.2.14Disallowance of club keno rules

(1)The Commission may disallow rules made under section 6.2.11, in whole or in part, at any time by giving written notice to the participants if—

(a)the Commission is satisfied that the rules are—

(i)unfair to players; or

(ii)unreasonable; or

(iii)contrary to the public interest; or

(b)the Minister has requested the Commission to disallow the rules under sub-section (3).

(2)The Commission may refer rules made under section 6.2.11 to the Minister if the Commission considers that the Minister ought to consider whether the rules should be disallowed.

(3)The Minister may request the Commission to disallow rules made under section 6.2.11 (whether or not they were referred to the Minister under sub-section (2)) if the Minister considers that the rules—

(a)are not in the public interest; or

(b)would result in the club keno game being of a different character from the club keno games authorised to be conducted by section 6.2.2.

(4)The disallowance of rules made under section 6.2.11 takes effect on the day specified in the notice of disallowance, being a day that is at least 3 days after the notice is given to the participants.

(5)If, before rules are made under section 6.2.11, the Commission consents in writing to the making of the rules in the form in which they are made, the Commission must not disallow the rules or any part of them within the period of 6 months after they are made, unless the Minister requests disallowance under sub-section (3).

(6)A function of the Commission under this section may be performed by the Executive Commissioner.".

21.Interactive gamingdisciplinary action—

In section 7.3.9 of the Principal Act, in paragraph (d) of the definition of "disciplinary action", for "50 times" substitute "500 times".

22.Purpose of Chapter 8

In section 8.1.1(d) of the Principal Act, after "bingo centre operators" insert "and commercial raffle organisers".

23.Definition of nominee

In section 8.1.2 of the Principal Act, in the definition of "nominee"—

(a)in paragraph (b), for "8.5.9." substitute "8.5.9;";

(b)after paragraph (b) insert—

"(c)in relation to a commercial raffle organiser's licence, the natural person nominated by a body corporate and approved by the Commission in accordance with section 8.5A.9.".

24.Minor gaming

(1)For the heading to section 8.2.2 of the Principal Act substitute—

"Minor gaming must be in accordance with Chapter etc.".

(2)In section 8.2.2 of the Principal Act, after "minor gaming permit" insert ", if any,".

25.New section 8.2.5 inserted

After section 8.2.4 of the Principal Act insert—

"8.2.5Disclosure if raffle proceeds to be paid to or for a political party

(1)If the proceeds, or part of the proceeds, of a raffle conducted by or on behalf of a community or charitable organisation are to be paid to or for the purposes of a political party, that information must be disclosed, in accordance with the regulations, to purchasers of tickets in the raffle.

(2)Sub-section (1) does not apply to a raffle conducted by or on behalf of a community or charitable organisation conducted for the purposes of a political party.".

26.Minor gaming permit

In section 8.3.13(1) of the Principal Act—

(a)in paragraph (b), for "character." substitute "character; and";

(b)after paragraph (b) insert—

"(c)if the applicant, or an associate of the applicant, has previously conducted any activity referred to in section 8.3.14(1), the manner in which that activity was conducted.".

27.Fee payable to bingo centre operator

(1)In section 8.4.6(2)(e) of the Principal Act, after "(e)" insert "subject to sub-section (2A),".

(2)After section 8.4.6(2) of the Principal Act insert—

"(2A)If the permit holder is required to provide any assistance in the conduct of a session of bingo or in the operation of the bingo centre, the bingo centre operator is not to be paid a fee referred to in sub-section (2)(e).".

28.Section 8.5.38 substituted

For section 8.5.38 of the Principal Act substitute—

"8.5.38Returns to the Commission

A bingo centre operator must, not later than 3 months after the end of each financial year, send to the Commission a full and accurate statement in the form approved by the Commission about all sessions of bingo conducted at the bingo centre during that financial year.

Penalty:60 penalty units.".

29.New Part 5A inserted in Chapter 8

After Part 5 of Chapter 8 of the Principal Act insert—

'PART 5A—COMMERCIAL RAFFLE ORGANISERS

8.5A.1Definition

In this Part—

"licensee" means the holder of a commercial raffle organiser's licence.

8.5A.2Requirement to be licensed

A commercial raffle organiser must not conduct a raffle, in whole or in part, on behalf of a community or charitable organisation unless the commercial raffle organiser holds a commercial raffle organiser's licence.

Penalty:100 penalty units.

8.5A.3Commission may require person to show cause

(1)The Commission may serve on a person who is conducting a raffle, in whole or in part, a notice in writing giving the person an opportunity to show cause within 28 days (or any longer period specified in the notice) why the person is not required to have a commercial raffle organiser's licence.

(2)A person who is served with a notice under sub-section (1) may make submissions to the Commission as to why the person is not required to have a commercial raffle organiser's licence and the Commission must consider any submission so made.

(3)The Commission may require a person who is served with a notice under sub-section (1) to apply for a commercial raffle organiser's licence.

(4)A function of the Commission under this section may be performed by any commissioner.

8.5A.4Appeal

(1)If a decision to require a person to apply for a commercial raffle organiser's licence is made under section 8.5A.3 by a single commissioner, the person may appeal against the decision to the Commission within 28 days after notification of the decision.

(2)An appeal must—

(a)be in writing; and

(b)specify the grounds on which it is made.

(3)After consideration of an appeal, the Commission may—

(a)confirm the decision of the single commissioner; or

(b)if satisfied that proper grounds for making the decision did not exist, quash the decision of the single commissioner.

(4)The decision of the Commission on an appeal—

(a)must be notified in writing to the appellant; and

(b)may include the reasons for the decision.

(5)The Commission as constituted for the purposes of an appeal must not include the commissioner whose decision is subject to appeal.

8.5A.5Application for licence

(1)Subject to sub-section (2), a person may apply to the Commission for a commercial raffle organiser's licence.

(2)An application for a licence must be in the form approved by the Commission and be accompanied by the prescribed fee.

(3)Within 14 days after applying for a commercial raffle organiser's licence, the applicant must cause to be published in a newspaper circulating in the area and in a newspaper circulating generally in Victoria a notice containing—

(a)the prescribed information; and

(b)a statement that any person may object to the grant of the licence by giving notice in writing to the Commission within 28 days after the date of publication stating the grounds for the objection.

(4)If a requirement made by this section is not met, the Commission may refuse to consider the application.

Note:Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a commercial raffle organiser's licence.

8.5A.6Objections

(1)A person may object to the grant of a commercial raffle organiser's licence on any of the following grounds—

(a)that the applicant or an associate of the applicant is not of good repute having regard to character, honesty and integrity;

(b)that the applicant or an associate of the applicant has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity;

(c)that a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the business of the applicant is not a suitable person to act in that capacity.

(2)The Commission must consider every objection so made.

8.5A.7Matters to be considered in determining applications

(1)The Commission must not grant an application for a commercial raffle organiser's licence unless satisfied that the applicant and each associate of the applicant is a suitable person to be concerned in the management and conduct of a raffle.

(2)In particular, the Commission must consider whether—

(a)the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity;

(b)the applicant and each associate of the applicant is of sound and stable financial background;

(c)if the applicant is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;

(d)the applicant or an associate of the applicant has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources;

(e)each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity.

8.5A.8Determination of application

(1)The Commission must determine an application by either granting or refusing to grant the application and must notify the applicant of its decision.

(2)If the Commission refuses to grant an application, the notice must set out the reasons for the refusal.

(3)A commercial raffle organiser's licence is subject to—

(a)the prescribed conditions; and

(b)any other conditions that the Commission imposes on the licence.

8.5A.9Duration of licence

A commercial raffle organiser's licence remains in force for the term not exceeding 5 years specified in the licence, unless sooner cancelled or surrendered.

8.5A.10Nominee of licensee

(1)Within 60 days, or any longer period allowed by the Commission, after a licensee that is a body corporate is notified under section 8.5A.8(1) that it has been granted a commercial raffle organiser's licence, the licensee must—

(a)nominate a natural person to be responsible as licensee on behalf of the licensee; and

(b)apply to the Commission for approval under this section of the person nominated.

Penalty:20 penalty units.

Note:Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for approval under this section.

(2)Within 60 days, or any longer period allowed by the Commission, after—

(a)a licensee is notified by the Commission of a refusal to approve a person nominated under this section; or

(b)a person nominated by the licensee and approved by the Commission resigns, is dismissed or ceases to manage or control the business of the licensee—

the licensee must nominate another natural person to be responsible as licensee on behalf of the licensee and apply to the Commission for approval of the person nominated.

Penalty:20 penalty units.

(3)A person nominated by a licensee and approved by the Commission under this section is liable under this Act as a licensee.

(4)If a licensee that is a body corporate does not have a person who has been approved by the Commission under this section managing or controlling the business of the licensee, the directors or members of the committee of management of the body corporate (as the case requires) are severally liable under this Act as a licensee.

(5)The Commission may refuse to approve a person nominated under this section unless satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of the business of the licensee.

(6)In particular, the Commission must consider whether—

(a)the person nominated and each associate of the person nominated is of good repute, having regard to character, honesty and integrity;

(b)each person is of sound and stable financial background;

(c)any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources.

(7)The Commission must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision.

(8)The nomination and approval by the Commission of a person under this section does not limit the liability of a licensee under this Act whilst that person is a nominee.

(9)A function of the Commission under this section may be performed by any commissioner.

8.5A.11Licence non-transferable

A commercial raffle organiser's licence is not transferable to any other person.

8.5A.12Licence renewal

(1)If a licensee pays the prescribed fee, the Commission may renew the commercial raffle organiser's licence for a term not exceeding 5 years specified in the licence.

(2)The Commission may refuse to renew a  commercial raffle organiser's licence on any ground on which the Commission may refuse an application for a new licence.

(3)If the Commission decides to refuse to renew a commercial raffle organiser's licence, it must send the licensee a written notice of the refusal setting out the reasons for the refusal.

8.5A.13Amendment of conditions

(1)The Commission may amend the conditions of a commercial raffle organiser's licence, other than the prescribed conditions, in accordance with this section.

(2)An amendment may be proposed—

(a)by the licensee by requesting the Commission in writing to make the amendment and giving reasons for the request; or

(b)by the Commission by giving notice in writing of the proposed amendment and giving reasons to the licensee.

(3)An amendment proposed by the Commission must be in the public interest or for the proper conduct of raffles.

(4)The Commission must give the licensee at least 28 days to make a submission to the Commission concerning an amendment proposed by the Commission and must consider any submission made.

(5)The licensee may waive the right under sub-section (4) to make a submission concerning a proposed amendment by giving notice in writing signed by the licensee to the Commission.

(6)The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the licensee of its decision.

(7)An amendment takes effect when notice of the Commission's decision is given to the licensee or on any later date that may be specified in the notice.

8.5A.14Disciplinary action

(1)In this section—

"disciplinary action", against a licensee, means any of the following—

(a)the cancellation or suspension of the licensee's commercial raffle organiser's licence;

(b)the variation of the terms of the licence;

(c)the issuing of a letter of censure to the licensee;

"grounds for disciplinary action", in relation to a licensee, means any of the following—

(a)that the licensee's commercial raffle organiser's licence was improperly obtained in that, at the time it was granted, there were grounds for refusing it;

(b)that the licensee has failed to provide information that the licensee is required by this Act to provide or has provided information knowing it to be false or misleading;

(c)that the licensee has contravened this Act or the regulations or a condition of the licence;

(d)that—

(i)the licensee; or

(ii)if the licensee is not a natural person, an executive officer or nominee of the licensee—

has been found guilty of a relevant offence;

(e)that the licensee has become an insolvent under administration or an externally-administered body corporate;

(f)that the licensee has engaged in conduct that, in the opinion of the Commission, is undesirable in relation to a community or charitable organisation;

(g)that for any reason the licensee is not a suitable person to hold the licence;

"relevant offence" in relation to a licensee or an executive officer or nominee of a licensee, means—

(a)an offence against a gaming Act or gaming regulations; or

(b)an offence arising out of or in connection with the management or conduct of a raffle; or

(c)an offence (in Victoria or elsewhere) involving fraud or dishonesty punishable by imprisonment for 3 months or more (whether or not in addition to a fine); or

(d)an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, the nature or circumstances of which, in the opinion of the Commission, relate to a raffle of the licensee.

(2)The Commission may inquire into whether there are grounds for disciplinary action against a licensee.

(3)At the request of the Commission, the Executive Commissioner may conduct an investigation in relation to a licensee and may make a report on the investigation to the Commission.

(4)If, following an inquiry or investigation under sub-section (2) or (3), the Commission considers there are grounds for taking disciplinary action against a licensee, the Commission may serve on the person a notice in writing giving the person an opportunity to show cause within 14 days why disciplinary action should not be taken against the person on the grounds for disciplinary action specified in the notice.

(5)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 and the Commission must consider any submissions so made.

(6)If the Commission decides that—

(a)the licensee is not a suitable person to hold the licence, the Commission may only vary, suspend or cancel the licence; or

(b)there are any other grounds for disciplinary action against the licensee, the Commission may take the action—

and does so by giving written notice of the disciplinary action to the licensee.

(7)If the disciplinary action is the cancellation, suspension or variation of the terms of a licence, it takes effect when the notice under sub-section (6) is given or at a later time specified in the notice.

(8)A function of the Commission under this section may be performed by any commissioner.

8.5A.15Letter of censure

(1)Disciplinary action taken by the Commission under section 8.5A.14(6) in the form of a letter of censure may censure the licensee in respect of any matter connected with the licensee's activities under this Chapter and may include a direction to the licensee to rectify within a specified time any matter giving rise to the censure.

(2)If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the licensee, cancel, suspend or vary the terms of the licence without giving the licensee a further opportunity to be heard.

(3)A function of the Commission under this section may be performed by any commissioner.

8.5A.16Effect and maximum period of suspension of commercial raffle organiser's licence

(1)Subject to sub-section (2) and section 8.5A.17, a commercial raffle organiser's licence cannot be suspended for longer than 6 months.

(2)The Commission may extend a suspension once for a period not exceeding 6 months if there are reasonable grounds for doing so.

(3)During any period of suspension of a commercial raffle organiser's licence, the holder of the licence is to be taken not to be a licensee except for the purposes of section 8.5A.27.

8.5A.17Suspension of commercial raffle organiser's licence pending criminal proceedings

(1)The Commission may suspend a commercial raffle organiser's licence by notice in writing given to the licensee if the Commission is satisfied that—

(a)the licensee; or

(b)if the licensee is a body corporate, an executive officer or nominee of the licensee—

has been charged with a relevant offence within the meaning of section 8.5A.14.

(2)The Commission may, at any time, terminate or reduce a period of suspension imposed under sub-section (1).

8.5A.18Licence document to be surrendered

If a document evidencing a commercial raffle organiser's licence has been issued by the Commission and the licence is amended, suspended or cancelled, the holder of the licence must surrender the document to an inspector on demand.

8.5A.19Provisional commercial raffle organiser's licence

(1)The Commission may grant a provisional commercial raffle organiser's licence to a person.

(2)A provisional licence expires at the end of 90 days after its grant but may be renewed for a further period or successive periods of 90 days.

(3)A provisional licence may only be granted under sub-section (1) to enable an application for a commercial raffle organiser's licence to be made.

8.5A.20Notification of persons becoming associates

A licensee must—

(a)notify the Commission in writing that a person, body or association is likely to become an associate as soon as practicable after the licensee becomes aware of the likelihood; and

(b)ensure that a person, body or association does not become an associate except with the prior approval in writing of the Commission.

8.5A.21Investigation of associates

(1)The Commission may from time to time investigate an associate of a licensee or a person likely to become an associate of a licensee.

(2)The Commission—

(a)may require an associate or a person likely to become an associate to consent to having his or her photograph, finger prints and palm prints taken; and

(b)must refer to the Chief Commissioner of Police a copy of—

(i)any photograph, finger prints and palm prints; and

(ii)any supporting documents.

(3)A function of the Commission under this section may be performed by the Executive Commissioner.

8.5A.22Termination of association

(1)If the Commission determines that an associate of a licensee has engaged or is engaging in conduct that, in the Commission's opinion, is unacceptable for a person who is concerned in or associated with the ownership, or business of the licensee, the Commission may do either or both of the following—

(a)issue a written warning to the associate that the conduct is unacceptable and require the associate to cease that conduct;

(b)give written notice to the associate requiring the associate to give a written undertaking to the Commission, within the period specified in the notice, regarding the future conduct of the associate.

(2)If the associate fails to give an undertaking required under sub-section (1)(b) or breaches an undertaking given under sub-section (1)(b), the Commission may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Commission, the association with the licensee.

(3)If, after considering the matters referred to in sub-section (4), the Commission determines that an associate of a licensee is unsuitable to be concerned in or associated with the ownership, administration or management of the operations or business of the licensee, the Commission may give the associate written notice requiring the associate to terminate, within 14 days or any longer period agreed with the Commission, the association with the licensee.

(4)In particular, the Commission must consider whether the associate—

(a)is of good repute, having regard to character, honesty and integrity;

(b)is of sound and stable financial background;

(c)has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources.

(5)If the association is not terminated within 14 days from the date of the notice referred to in sub-section (3), the Commission may by notice in writing, direct the licensee to take all reasonable steps to terminate the association and the licensee must comply with the direction within 14 days or any longer period agreed with the Commission.

(6)Sub-sections (2), (3) and (5) do not apply if a person is an associate of a licensee only because the person is a relative of the licensee.

8.5A.23Community or charitable organisation may contract with licensee to conduct raffle

(1)A community or charitable organisation may enter into an agreement with the holder of a commercial raffle organiser's licence for the conduct by the licensee of a raffle, in whole or in part, on behalf of the organisation.

(2)The agreement must provide for—

(a)compliance by the licensee with all relevant provisions of this Act; and

(b)the submission to the Commission of periodic audited statements as required by or under this Act; and

(c)the retention of records as required by this Act; and

(d)the provision to the community or charitable organisation of a copy of all documents submitted on its behalf to the Commission by the licensee; and

(e)the maximum fee, determined in accordance with the regulations, to be paid to the licensee for the raffle.

(3)The agreement may contain any other provisions that are not inconsistent with this Act.

(4)A community or charitable organisation must—

(a)give the Commission a copy of an agreement entered into under this section; and

(b)notify the Commission of the termination of the agreement.

(5)If an agreement is entered into under this section, the licensee is solely liable under this Act in respect of the functions performed by the licensee as if it were the community or charitable organisation.

8.5A.24Expenses licensee can charge for raffle

A licensee must not require the holder of a minor gaming permit to pay to the licensee or to an associate of the licensee—

(a)any expenses exceeding the prescribed maximum amount, if any; or

(b)if types of expenses are prescribed, any expenses other than the prescribed types of expenses.

Penalty:60 penalty units.

8.5A.25Promotion of raffle

A commercial raffle organiser that conducts a raffle on behalf of a community or charitable organisation must not make any statement in relation to the application of the proceeds of the raffle, knowing it to be false or misleading.

8.5A.26Accounts and financial statements

(1)A licensee must keep accounting records that correctly record and explain the transactions and financial position of the operations of the licensee in relation to conducting raffles, in whole or in part.

Penalty:60 penalty units.

(2)A licensee must keep the accounting records in a manner that will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited.

Penalty:60 penalty units.

(3)A licensee must, as soon as practicable after the end of each financial year, prepare financial statements and accounts including—

(a)profit and loss accounts for the financial year; and

(b)a balance-sheet as at the end of the financial year—

that give a true and fair view of the financial operations of the licensee in relation to conducting raffles, in whole or in part.

Penalty:60 penalty units.

(4)A licensee must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the licensee to be audited by an auditor in accordance with the regulations.

8.5A.27Returns to the Commission

A licensee must, within 3 months after the draw of a raffle and at any other periods or times that are prescribed and within the time limits (if any) prescribed, send to the Commission a full and accurate statement in the form approved by the Commission about the raffle.

Penalty:60 penalty units.'.

30.Records

In section 8.6.2(1) of the Principal Act—

(a)in paragraph (b), for "operator." substitute "operator;";

(b)after paragraph (b) insert—

"(c)the holder of a commercial raffle organiser's licence.".

31.Change in situation of licensee or associate

In section 8.6.3(1) of the Principal Act—

(a)in paragraph (d), for "employee." substitute "employee;";

(b)after paragraph (d) insert—

"(e)the holder of a commercial raffle organiser's licence;

(f)an associate of the holder of a commercial raffle organiser's licence.".

32.New Chapter 9A inserted

After Chapter 9 of the Principal Act insert—

'CHAPTER 9A—LICENSING OF GAMING INDUSTRY EMPLOYEES

9A.1.1Definitions

In this Chapter—

"game" has the same meaning as in Chapter 3;

"gaming" has the same meaning as in Chapter 3;

"gaming industry employee" means a person who performs any function or duty referred to in section 9A.1.2;

"licensee" means the holder of a gaming industry employee's licence.

9A.1.2Authority conferred by a gaming industry employee's licence

(1)A gaming industry employee's licence authorises the licensee, subject to this Act and any conditions to which the licence is subject—

(a)to be employed by or to work for a venue operator or a gaming operator carrying out prescribed duties; and

(b)to perform prescribed functions in a bingo centre; and

(c)to service, repair and maintain gaming equipment; and

(d)to test gaming equipment or games for the purposes of the issue of certificates referred to in section 3.5.4, 3.5.5 or 3.5.13; and

(e)to service, repair and maintain instruments, contrivances, hardware, software or equipment referred to in section 4.2.3 and to test them for the purposes of the issue of certificates referred to in that section; and

(f)to service, repair and maintain interactive gaming equipment and to test that equipment for the purposes of the issue of certificates referred to in section 7.4.4; and

(g)to carry out prescribed duties.

(2)A gaming industry employee's licence also authorises the licensee, subject to any conditions to which the licence is subject, to test gaming equipment (within the meaning of the CasinoControl Act 1991) for the purposes of the issue of certificates referred to in section 62 of that Act.

9A.1.3Gaming industry employees to be licensed

(1)A person (other than a person referred to in section 9A.1.20) must not perform any of the functions of a gaming industry employee unless the person holds a gaming industry employee's licence and complies with the conditions of the licence.

Penalty:

(a)if the function is referred to in section 9A.1.2(1)(c), (1)(d), (1)(e), (1)(f) or (2)—250 penalty units or imprisonment for 12 months or both;

(b)in any other case—60 penalty units or imprisonment for 3 months or both.

(2)A venue operator, a gaming operator, a bingo centre operator or a licensee must not—

(a)employ or use the services of a person to perform any function of a gaming industry employee; or

(b)allocate, or permit or allow to be allocated, to a person the performance of a function of a gaming industry employee—

unless the person holds a gaming industry employee's licence or is a person referred to in section 9A .1.20.

Penalty:

(a)if the function is referred to in section 9A.1.2(1)(c), (1)(d), (1)(e), (1)(f) or (2)—250 penalty units;

(b)in any other case—60 penalty units.

(3)It is a defence to a prosecution for an offence against sub-section (1) or (2) to prove that the person exercising the prescribed function was doing so in a bingo centre as a volunteer acting in good faith due to the absence, as a result of an emergency, of a person holding a gaming industry employee's licence.

9A.1.4Application for gaming industry employee's licence

(1)Subject to sub-section (2), a natural person may apply to the Commission for a gaming industry employee's licence.

(2)An application under sub-section (1) cannot be made by—

(a)a minor; or

(b)a person belonging to a class of persons prescribed as being ineligible to apply for a gaming industry employee's licence.

(3)An application for a gaming industry employee's licence must be in the form approved by the Commission and must be accompanied by—

(a)the prescribed fee; and

(b)the documents, if any, specified by the Commission in the form of application.

(4)If a requirement under this section is not complied with, the Commission may refuse to consider the application.

(5)A function of the Commission under this section may be performed by any commissioner.

Note:Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a gaming industry employee's licence.

9A.1.5Determination of application

(1)The Commission must consider an application for a gaming industry employee's licence and must take into account any submission made by the applicant within the time allowed by the Commission.

(2)In considering an application, the Commission must make an assessment of—

(a)the integrity, responsibility, personal background and financial stability of the applicant; and

(b)the general reputation of the applicant having regard to character, honesty and integrity; and

(c)the suitability of the applicant to perform the type of work proposed to be performed by the applicant as a licensee.

(3)The Commission must determine an application by either issuing a gaming industry employee's licence to the applicant or refusing the application and must notify the applicant in writing accordingly.

(4)The Commission is not required to give reasons for its decision but may give reasons if it thinks fit.

(5)A function of the Commission under this section may be performed by any commissioner.

9A.1.6Conditions of gaming industry employee's licence

(1)A gaming industry employee's licence is subject to—

(a)any condition imposed by the Commission and notified to the licensee on the issue of the licence or during its currency; and

(b)the conditions specified in sub-section (3).

(2)A condition of a gaming industry employee's licence (other than a condition specified in sub-section (3)) may be varied or revoked by the Commission, whether or not on application made to the Commission by the licensee.

(3)Every gaming industry employee's licence is subject to the following conditions—

(a)the licensee must not participate in gaming or the playing of bingo, other than as required in the course of his or her employment—

(i)while on duty (including intervals for meals and other rostered breaks arising in the course of duty); or

(ii)at any time when the approved venue or bingo centre is closed to the public;

(b)the licensee must comply with the requirements of a notice under section 9A.1.17.

(4)A licensee must not contravene a condition of his or her licence.

Penalty:60 penalty units.

(5)If a licensee is found guilty of contravening the condition specified in sub-section (3)(a), section 3.5.22(2) and (3) apply as if the offence had been against section 3.5.22(1).

(6)A function of the Commission under this section may be performed by any commissioner.

9A.1.7Appeal

(1)If a decision to refuse to grant an application for a gaming industry employee's licence, or a decision to grant a gaming industry employee's licence subject to conditions, is made by a single commissioner, the applicant may appeal against the decision to the Commission within 28 days after notification of the decision.

(2)An appeal must—

(a)be in writing; and

(b)specify the grounds on which it is made.

(3)After consideration of an appeal, the Commission may—

(a)confirm the decision; or

(b)in the case of a decision to refuse an application—grant the application, either unconditionally or subject to conditions; or

(c)in the case of a decision to grant an application subject to conditions—vary or remove the conditions.

(4)The decision of the Commission on an appeal—

(a)must be notified in writing to—

(i)the applicant; and

(ii)the venue operator, gaming operator or bingo centre operator who employs or proposes to employ the applicant, if known to the Commission; and

(b)may include the reasons for the decision.

(5)The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision that is subject to appeal.

9A.1.8Identification of gaming industry employee

(1)A gaming industry employee must at all times while on duty wear identification of a kind approved by the Commission in such a manner as to be visible to other people.

(2)Identification worn—

(a)by a gaming industry employee in compliance with the Private Agents Act 1966; or

(b)on and from the commencement of section 211 of the Private Security Act 2004, by a gaming industry employee, who is a crowd controller within the meaning of that Act, that complies with that Act—

is sufficient compliance with this section.

(3)The Commission may issue replacement identification to a gaming industry employee whose identification has been lost or destroyed.

(4)An application for replacement identification must be accompanied by—

(a)a statutory declaration as to the circumstances in which the identification was lost or destroyed; and

(b)the prescribed fee, if any.

(5)A function of the Commission under this section may be performed by any commissioner.

9A.1.9Provisional licence

(1)The Commission may, pending a decision on an application for a gaming industry employee's licence, grant the applicant a provisional gaming industry employee's licence.

(2)A provisional licence is subject to any conditions or restrictions of which the Commission gives notice to the provisional licensee when issuing the provisional licence.

(3)A provisional licence may be cancelled by the Commission at any time and, unless sooner surrendered or cancelled, ceases to have effect on the determination of the provisional licensee's application for a gaming industry employee's licence.

(4)This Act applies to a provisional licence as if it were a gaming industry employee's licence, to the extent that is consistent with this section.

(5)A function of the Commission under this section may be performed by any commissioner.

9A.1.10Duration of gaming industry employee's licence

A gaming industry employee's licence remains in force until whichever of the following happens first—

(a)the licence is cancelled; or

(b)the licensee, by notice in writing, surrenders the licence to the Commission; or

(c)the expiration of 10 years after the end of the month in which the licence was granted.

9A.1.11Renewal of gaming industry employee's licence

(1)A licensee may, not earlier than 3 months before the expiration of his or her current gaming industry employee's licence, apply to the Commission for a new gaming industry employee's licence, in which case—

(a)the current licence continues in force until the new licence is issued or its issue is refused; and

(b)if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly.

(2)An application for a new licence must be made in a form approved by the Commission and must be accompanied by the prescribed fee.

(3)This Act (except provisions relating to the form of an application or the issue of a provisional licence) applies to and in relation to—

(a)an application under this section for a new licence; and

(b)the determination of such an application; and

(c)any licence issued as a result of such an application—

as if the application has been made by a person other than a licensee.

(4)A function of the Commission under this section may be performed by any commissioner.

9A.1.12Disciplinary action

(1)In this section—

"disciplinary action" in relation to a licensee, means any of the following—

(a)the service of a written notice on the licensee censuring him or her for any action specified in the notice;

(b)variation of the gaming industry employee's licence;

(c)suspension of the licence for a specified period;

(d)cancellation of the licence;

(e)cancellation of the licence and disqualification from obtaining or applying for a licence or permit under a gaming Act for a specified period not exceeding 4 years;

"grounds for disciplinary action" means any of the following grounds in respect of a licensee—

(a)that his or her gaming industry employee's licence was improperly obtained in that, when it was granted, there were grounds for refusing it;

(b)that the licensee has been convicted or found guilty of a relevant offence;

(c)that the licensee has contravened a condition of the licence;

(d)that the licensee has failed to provide information that he or she is required by this Act to provide or has provided information knowing it to be false or misleading;

(e)that the licensee has become an insolvent under administration;

(f)that for any reason, the licensee is not a suitable person to be the holder of the licence;

"relevant offence", in relation to a licensee, means—

(a)an offence against a gaming Act or gaming regulations; or

(b)an offence arising out of or in connection with the employment of the licensee under a gaming Act; or

(c)an offence (wherever occurring) involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine).

(2)The Commission may serve on a licensee a notice in writing giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.

(3)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 and the Commission must consider any submissions so made.

(4)If the Commission decides that there are grounds for disciplinary action against a licensee, the Commission may take the action and does so by giving notice in writing of the action to the licensee.

(5)The disciplinary action takes effect when the notice is given or on a later date specified in the notice.

9A.1.13 Suspension of gaming industry employee's licence in connection with criminal proceedings

(1)The Commission may suspend the gaming industry employee's licence of a licensee by notice in writing given to the licensee if the Commission is satisfied that the licensee has been charged with, found guilty of or convicted of a relevant offence within the meaning of section 9A.1.12.

(2)A function of the Commission under this section may be performed by any commissioner.

9A.1.14Effect etc. of suspension

(1)During any period of suspension of a gaming industry employee's licence, the licensee is deemed not to be the holder of a gaming industry employee's licence.

(2)The Commission may, at any time, terminate or reduce a period of suspension of a gaming industry employee's licence.

(3)A function of the Commission under this section may be performed by any commissioner.

9A.1.15Return of licence on suspension or cancellation

If the gaming industry employee's licence of a licensee is suspended or cancelled, the licensee must return the licence to the Commission within 14 days after the suspension or cancellation.

Penalty:20 penalty units.

9A.1.16Termination of employment on suspension or cancellation of licence

If a venue operator, gaming operator or bingo centre operator receives written notice from the Commission that the gaming industry employee's licence of an employee has been suspended under section 9A.1.12 or 9A.1.13 or cancelled, or has otherwise ceased to be in force, the operator must, within 24 hours after receiving the notice, terminate the employment that constitutes the exercise of the functions of a gaming industry employee or cause it to be terminated.

Penalty:100 penalty units.

9A.1.17Licensee to provide information relating to licence

(1)The Commission, by notice in writing, may require a licensee—

(a)to provide, in accordance with directions in the notice, any information relevant to the holding of his or her gaming industry employee's licence that is specified in the notice; or

(b)to produce, in accordance with directions in the notice, any records relevant to the holding of the licence that are specified in the notice and to permit examination of those records and the making of copies of them.

(2)A function of the Commission under this section may be performed by any commissioner.

9A.1.18Compulsory training for certain gaming industry employees

(1)A licensee who is employed by a venue operator and is working in the gaming machine area of an approved venue must complete—

(a)an approved training course within the first 6 months after starting his or her employment as a gaming industry employee; and

(b)an approved refresher course at least once every 3 years following completion of the approved training course.

(2)A venue operator must ensure that a person who is employed by the venue operator to work in the gaming machine area of an approved venue does not perform any of the functions of a gaming industry employee unless the person has complied with sub-section (1).

Penalty:20 penalty units.

(3)The Commission may, from time to time, approve training courses and refresher courses for the purposes of this section, being courses that relate to the responsible provision of gaming.

(4)In this section—

"approved refresher course" means a refresher course approved by the Commission under sub-section (3);

"approved training course" means a training course approved by the Commission under sub-section (3);

"licensee" includes a venue operator or the nominee of a venue operator who performs the duties of a gaming industry employee under the venue operator's licence.

9A.1.19Venue operator may perform duties of gaming industry employee

A natural person who is on duty as—

(a)a venue operator or a bingo centre operator; or

(b)the nominee of a venue operator or a bingo centre operator—

may perform the duties of a gaming industry employee, subject to the conditions in section 9A.1.6, if the person wears identification of a kind required to be worn by gaming industry employees in such a manner as to be visible to other people.

9A.1.20Volunteers at bingo centres

(1)A person may, within any period of 7 days, perform a prescribed function in a bingo centre as a volunteer acting in good faith for only one holder of a minor gaming permit authorising the conduct of a session or sessions of bingo games, whether or not the person holds a gaming industry employee's licence.

(2)The holder of a minor gaming permit authorising the conduct of a session or sessions of bingo games—

(a)must notify the Commission of the commencement of the performance of any prescribed functions by a person referred to in sub-section (1) not less than 7 days before the person commences to perform them; and

(b)must notify the Commission of the cessation of the performance of those functions not more than 28 days after the person ceases to perform them.

9A.1.21Casino employees

(1)A person who holds a casino special employee's licence may apply to the Commission for a gaming industry employee's licence.

(2)An application under sub-section (1) must be accompanied by—

(a)the prescribed fee; and

(b)evidence that the applicant is or was employed by a casino operator to perform the functions of a special employee within the meaning of section 37 of the Casino Control Act 1991.

(3)If the Commission is satisfied that the applicant is or was employed by a casino operator to perform the functions of a special employee within the meaning of section 37 of the Casino Control Act 1991, the Commission may issue a gaming industry employee's licence to the applicant.

(4)A function of the Commission under this section may be performed by any commissioner.'.

33.Commission proceedings

In section 10.1.22(2) of the Principal Act—

(a)after paragraph (d) insert—

"(da)variation of gaming machine types and games under section 3.5.5;";

(b)in paragraph (e), for "3.5.5" substitute "3.5.6";

(c)in paragraph (f), for "3.5.6" substitute "3.5.7";

(d)in paragraph (g), for "3.5.22" substitute "3.5.23".

34.Delegation

(1)At the end of section 10.1.26 of the Principal Act insert—

"(2)A commissioner referred to in section 10.1.6(1)(a), (b) or (c) may, by instrument, delegate to an employee or member of staff referred to in section 10.1.25 any function that may be performed by a commissioner under—

(a)section 3.3.16;

(b)sections 3.4.41 and 3.4.42;

(c)sections 5.7.4 and 5.7.5;

(d)section 5.7.9;

(e)section 8.3.3;

(f)section 8.3.13;

(g)sections 8.5.22 and 8.5.24;

(h)section 8.5A.3;

(i)sections 9A.1.5 and 9A.1.6;

(j)sections 44, 45 and 45A of the Casino Control Act 1991.".

(2)In section 10.1.27(1) of the Principal Act, after "delegate of the Commission" insert "or a delegate of a commissioner".

35.Gambling Research Panel abolished

For Part 2 of Chapter 10 of the Principal Act substitute—

"Part 2—RESPONSIBLE GAMBLING MINISTERIAL ADVISORY COUNCIL

10.2.1Minister may establish Responsible Gambling Ministerial Advisory Council

(1)The Minister, after consultation with the Minister administering the Community Services Act 1970, may establish a body to be known as the Responsible Gambling Ministerial Advisory Council.

(2)The Council consists of members appointed by the Minister.

10.2.2Function of Council

The function of the Responsible Gambling Ministerial Advisory Council is to provide to the Minister and the Minister administering the Community Services Act 1970 advice in relation to responsible gambling policy and gambling research.".

36.Investigation of applications

(1)After section 10.4.1(c)(vi) of the Principal Act insert—

"(vii)  as a nominee of a commercial raffle organiser under section 8.5A.10;".

(2)Before section 10.4.2(2)(a)(iv) of the Principal Act insert—

"(iiia)approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Division 1 of Part 9 of Chapter 3;

(iiib)approval of a wholly-owned subsidiary of the licensee under Division 4 of Part 3 of Chapter 4;".

(3)In section 10.4.2(2)(b)(iv) of the Principal Act, for "3." substitute "3;".

(4)After section 10.4.2(2)(b)(iv) of the Principal Act insert—

"(v)approval as a nominee of a venue operator under section 3.4.14;

(vi)approval as a nominee of a bingo centre operator under section 8.5.9;

(vii)approval as a nominee of a commercial raffle organiser under section 8.5A.10.".

(5)Before section 10.4.3(3)(a)(iv) of the Principal Act insert—

"(iiia)approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Division 1 of Part 9 of Chapter 3;

(iiib)approval of a wholly-owned subsidiary of the licensee under Division 4 of Part 3 of Chapter 4;".

(6)In section 10.4.3(3)(b)(iii) of the Principal Act, for "licence." substitute "licence;".

(7)At the end of section 10.4.3(3)(b) of the Principal Act insert—

"(iv)approval as a nominee of a venue operator under section 3.4.14;

(v)approval as a nominee of a bingo centre operator under section 8.5.9;

(vi)approval as a nominee of a commercial raffle organiser under section 8.5A.10.".

(8)Before section 10.4.4(3)(a)(iv) of the Principal Act insert—

"(iiia)approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Division 1 of Part 9 of Chapter 3;

(iiib)approval of a wholly-owned subsidiary of the licensee under Division 4 of Part 3 of Chapter 4;".

(9)In section 10.4.4(3)(b)(iii) of the Principal Act, for "licence." substitute "licence;".

(10)At the end of section 10.4.4(3)(b) of the Principal Act insert—

"(iv)approval as a nominee of a venue operator under section 3.4.14;

(v)approval as a nominee of a bingo centre operator under section 8.5.9;

(vi)approval as a nominee of a commercial raffle organiser under section 8.5A.10.".

(11)For section 10.4.5(3)(a) of the Principal Act substitute—

"(a)the Executive Commissioner, in relation to an application for—

(i)approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Division 1 of Part 9 of Chapter 3;

(ii)approval of a wholly-owned subsidiary of the licensee under Division 4 of Part 3 of Chapter 4;

(iii)approval of a wholly-owned subsidiary of the Trustees under Part 5 of Chapter 6;".

(12)In section 10.4.5(3)(b)(iv) of the Principal Act, for "Chapter 3." substitute "Chapter 3;".

(13)After section 10.4.5(3)(b)(iv) of the Principal Act insert—

"(v)approval as a nominee of a venue operator under section 3.4.14;

(vi)approval as a nominee of a bingo centre operator under section 8.5.9;

(vii)approval as a nominee of a commercial raffle organiser under section 8.5A.10.".

37.Regulations

(1)In item 2.1 of Schedule 1 to the Principal Act, after "bingo centre operator's licences" insert

", commercial raffle organiser's licences".

(2)In Schedule 1 to the Principal Act, after item 2.2 insert—

"2.2AThe disclosure that proceeds of a raffle are to be paid to or for the purposes of a political party.".

(3)In Schedule 1 to the Principal Act, after item 2.8 insert—

"2.9The types of expenses and the maximum amount that a community or charitable organisation may be required to pay as expenses to a commercial raffle organiser in relation to the conduct of a raffle.

2.10The maximum fee that a community or charitable organisation may be required to pay to a commercial raffle organiser for the conduct of a raffle.

2.11The keeping of records and accounts in relation to the conduct of raffles.".

(4)In Schedule 1 to the Principal Act, items 3.12 and 3.13 are repealed.

(5)In Schedule 1 to the Principal Act, after item 3.5 insert—

"3.5AAreas in a casino determined under section 3.1.5(3A) to be gaming machine areas.".

(6)After Part 4 of Schedule 1 to the Principal Act insert—

"PART 4A—gaming industry employees

4A.1The activities of persons licensed under Chapter 9A.

4A.2Duties of holders of a gaming industry employee's licence.

4A.3Requirements with respect to reporting information about holders of a gaming industry employee's licence.".

38.Consequential amendment—commercial raffle organiser's licence

In section 8.7.1(2) of the Principal Act—

(a)for "or 8.5.25(1)" substitute ", 8.5.25(1) or 8.5A.4(1)";

(b)for "or 8.5.25" (wherever occurring) substitute ", 8.5.25 or 8.5A.4".

39.Consequential amendments—gaming industry employee's licence

(1)In the heading to Part 4 of Chapter 3 of the Principal Act omit ", EMPLOYEES AND TECHNICIANS".

(2)Sections 3.4.3 and 3.4.4 of the Principal Act are repealed.

(3)Divisions 4, 5 and 6 of Part 4 of Chapter 3 of the Principal Act are repealed.

(4)Division 2 of Part 5 of Chapter 8 of the Principal Act is repealed.

(5)The Principal Act is amended as follows—

(a)in section 3.1.4(2), for "a licensed technician" substitute "the holder of a gaming industry employee's licence";

(b)in section 3.4.2(f), for "licensed technicians" substitute "persons holding a gaming industry employee's licence";

(c)in section 3.4.5(c), for "licensed technicians" substitute "persons holding a gaming industry employee's licence";

(d)in section 3.5.11(4)(a), for "a licensed technician" substitute "the holder of a gaming industry employee's licence";

(e)section 3.5.14(c) is repealed;

(f)in section 3.5.14(d), for "a licensed technician" substitute "the holder of a gaming industry employee's licence";

(g)in section 3.5.16(1) and (2), for "A licensed technician" substitute "The holder of a gaming industry employee's licence";

(h)in section 3.5.20(1), for "special employee" substitute "holder of a gaming industry employee's licence";

(i)in section 3.5.20(2), for "A special employee" substitute "The holder of a gaming industry employee's licence";

(j)in section 3.5.28(5), in paragraph (a) of the definition of "relevant person", for "special employee's licence or technician's licence" substitute "gaming industry employee's licence";

(k)in section 3.5.49(1)—

(i)for "a special employee" substitute "the holder of a gaming industry employee's licence";

(ii)omit "special" (where secondly occurring);

(l)in section 3.5.50(1), for "a special employee" substitute "the holder of a gaming industry employee's licence";

(m)for section 4.3.29(2)(b) substitute—

"(b)hold a gaming operator's licence or a gaming industry employee's licence; or";

(n)in section 4.7.2(5), for "is a licensed technician" substitute "holds a gaming industry employee's licence";

(o)in section 7.4.5, for "technician's licence" substitute "gaming industry employee's licence";

(p)for section 8.6.3(1)(d) substitute—

"(d)the holder of a gaming industry employee's licence who works in a bingo centre.";

(q)in section 10.1.34(1)(e)(i), for "special employee's licence or a technician's licence" substitute "gaming industry employee's licence";

(r)for section 10.4.2(2)(b)(i), (ii) and (iii) substitute—

"(i)a gaming industry employee's licence;";

(s)for section 10.4.3(3)(b) substitute—

"(b)any commissioner, in relation to an application for a gaming industry employee's licence.";

(t)for section 10.4.4(3)(b) substitute—

"(b)any commissioner, in relation to an application for a gaming industry employee's licence.";

(u)for section 10.4.5(3)(b)(i), (ii) and (iii) substitute—

"(i)a gaming industry employee's licence;";

(v)for section 10.4.6(5)(d), (e) and (f) substitute—

"(d)a gaming industry employee's licence;";

(w)in section 11.2.1(3)(d), for "special employee" substitute "class of persons holding a gaming industry employee's licence";

(x)in items 3.12 and 3.13 in Schedule 1, for "special employees" substitute "persons holding a gaming industry employee's licence".

(6)For section 3.4.37M(2)(c) of the Principal Act substitute—

"(c)hold a gaming industry employee's licence; or".

40.Consequential amendments—abolition of Gambling Research Panel

The Principal Act is amended as follows—

(a)section 1.1(3)(k) is repealed;

(b)in section 1.3(1), the definition of "Panel" is repealed;

(c)in section 3.5.41(2), for—

"scheme—

(a)to the Panel; or

(b)to any other person or body for research purposes."

substitute "scheme to any person or body for research purposes.";

(d)in section 10.1.35(1) omit "or the Panel";

(e)in section 10.3.3(a)(i), for "the performance by the Panel of its functions under section 10.2.3" substitute "research relating to the social and economic impact of gambling, the causes of problem gambling and strategies to minimise harm from gambling, and the publication of the results of the research";

(f)in section 10.3.3(c) omit "and for payment to members of the Panel of their remuneration as members";

(g)in Schedule 7, clause 10.4 is repealed.

41.Consequential amendment

In section 10.4.5(3)(a) of the Principal Act, for "Trustees" substitute "holder of a gaming operator's licence".

42.Transitional

At the end of Schedule 7 to the Principal Act insert—

'Part 13—Gambling Regulation (Further Amendment) Act 2004

13.1Special employee's licences

(1)A special employee's licence that was in force immediately before the commencement of section 32 of the Gambling Regulation (Further Amendment) Act 2004—

(a)is taken, on and after that day, to be a gaming industry employee's licence, subject to any conditions to which the licence was subject immediately before that day; and

(b)despite anything to the contrary in section 9A.1.10, expires on the day on which the licence would have expired under section 3.4.46 as in force immediately before that day unless sooner cancelled or surrendered.

(2)If, immediately before the commencement of section 32 of the Gambling Regulation (Further Amendment) Act 2004—

(a)an application under Division 4 of Part 4 of Chapter 3 has been made to the Commission but not determined; or

(b)an appeal under section 3.4.43 or 3.9.5 has been commenced but not determined; or

(c)the Commission has served a notice under section 3.4.48 but has made no decision as to whether there are grounds for disciplinary action—

this Act, and regulations made under this Act, as in force immediately before the commencement of section 32 of that Act continue to apply as if section 32 of that Act had not been enacted.

(3)Any licence granted on an application or appeal referred to in sub-clause (2) is taken to be a gaming industry employee's licence.

13.2Technician's licences

(1)A technician's licence that was in force immediately before the commencement of section 32 of the Gambling Regulation (Further Amendment) Act 2004—

(a)is taken, on and after that day, to be a gaming industry employee's licence, subject to any conditions to which the licence was subject immediately before that day; and

(b)despite anything to the contrary in section 9A.1.10, expires on the day on which the licence would have expired under section 3.4.46, as applied by section 3.4.57, as in force immediately before that day unless sooner cancelled or surrendered.

(2)If, immediately before the commencement of section 32 of the Gambling Regulation (Further Amendment) Act 2004—

(a)an application under Division 5 of Part 4 of Chapter 3 has been made to the Commission but not determined; or

(b)an appeal under section 3.4.43, as applied by section 3.4.57, or an appeal under section 3.9.5 has been commenced but not determined; or

(c)the Commission has served a notice under section 3.4.48, as applied by section 3.4.57, but has made no decision as to whether there are grounds for disciplinary action—

this Act, and regulations made under this Act, as in force immediately before the commencement of section 32 of that Act continue to apply as if section 32 of that Act had not been enacted.

(3)Any licence granted on an application or appeal referred to in sub-clause (2) is taken to be a gaming industry employee's licence.

13.3Bingo centre employee's licences

(1)A bingo centre employee's licence that was in force immediately before the commencement of section 32 of the Gambling Regulation (Further Amendment) Act 2004—

(a)is taken, on and after that day, to be a gaming industry employee's licence, subject to any conditions to which the licence was subject immediately before that day; and

(b)despite anything to the contrary in section 9A.1.10, expires on the day on which the licence would have expired under section 8.5.27 as in force immediately before that day unless sooner cancelled or surrendered.

(2)If, immediately before the commencement of section 32 of the Gambling Regulation (Further Amendment) Act 2004—

(a)an application under Division 2 of Part 5 of Chapter 8 has been made to the Commission but not determined; or

(b)an appeal under section 8.5.25 or 8.7.1 has been commenced but not determined; or

(c)the Commission has served a notice under section 8.5.30(4) but has made no decision as to whether there are grounds for disciplinary action; or

(d)the Commission has served a notice under section 8.5.31(2)—

this Act, and regulations made under this Act, as in force immediately before the commencement of section 32 of that Act continue to apply as if section 32 of that Act had not been enacted.

(3)Any licence granted on an application or appeal referred to in sub-clause (2) is taken to be a gaming industry employee's licence.

13.4Provisional licences

A provisional licence under section 3.4.45 (whether or not applied by section 3.4.57) or 8.5.36 that was in force immediately before the commencement of section 32 of the Gambling Regulation (Further Amendment) Act 2004 is taken, on and after that day, to be a provisional gaming industry employee's licence under section 9A.1.9, subject to any conditions to which the licence was subject immediately before that day.

13.5Raffles

(1)Section 8.2.5 as inserted by section 25 of the Gambling Regulation (Further Amendment) Act 2004 applies to a raffle in respect of which a minor gaming permit is issued on or after the commencement of section 25 of that Act.

(2)Part 5A of Chapter 8 as inserted by section 29 of the Gambling Regulation (Further Amendment) Act 2004 applies to a raffle in respect of which a minor gaming permit is issued on or after the commencement of section 29 of that Act.

13.6Gambling Research Panel

(1)In this clause—

"commencement day" means the day on which section 35 of the Gambling Regulation (Further Amendment) Act 2004 comes into operation;

"Panel" means the Gambling Research Panel.

(2)On the commencement day—

(a)the Panel is abolished and its members go out of office;

(b)all rights, property and assets that immediately before the commencement day were vested in the Panel are, by force of this sub-clause, vested in the Crown;

(c)all debts, liabilities and obligations of the Panel existing immediately before the commencement day become, by force of this sub-clause, debts, liabilities and obligations of the Crown;

(d)the Crown is, by force of this sub-clause, substituted as a party to any proceeding pending in any court or tribunal to which the Panel was a party immediately before the commencement day;

(e)the Crown is, by force of this sub-clause, substituted as a party to any arrangement or contract entered into by or on behalf of the Panel as a party and in force immediately before the commencement day;

(f)any reference to the Panel in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after the commencement day and if not inconsistent with the subject-matter, be construed as a reference to the Crown.'.

__________________

Part 3—Amendment of the Casino Control Act 1991

43.Application for licence under Part 4

For section 39(1)(c) of the Casino Control Act 1991 substitute—

"(c)evidence that the applicant is employed, or has been offered employment, by a casino operator.".

44.Holders of gaming industry employee's licence

In section 45A of the Casino Control Act 1991—

(a)in sub-section (1), for "special employee's licence, a bingo centre employee's licence or a technician's licence" substitute "gaming industry employee's licence";

(b)in sub-section (1), for "special employee's licence under this Act" substitute "licence under this Part";

(c)for sub-section (2)(b) substitute—

"(b)evidence that the applicant is or was employed by a venue operator, gaming operator or bingo centre operator to perform the functions of a gaming industry employee within the meaning of Chapter 9A of the Gambling Regulation Act 2003.";

(d)in sub-section (3), for "special employee's licence, a bingo centre employee's licence or a technician's licence" substitute "gaming industry employee's licence";

(e)in sub-section (3), omit "special employee's" (where secondly occurring).

45.Renewal of licence

In section 49(1)(b) of the Casino Control Act 1991, for "third" substitute "tenth".

46.Training courses for casino employees

In section 58(2) of the Casino Control Act 1991—

(a)in paragraph (a), for "operator; and" substitute "operator.";

(b)paragraph (b) is repealed.

47.Training in relation to gaming machines

In section 58A(4) of the Casino Control Act 1991, for "3.4.54" (wherever occurring) substitute "9A.1.18".

__________________

Part 4—Amendment of Other Acts

48.Statute law revision

Part 3 of the Racing and Gaming Acts (Amendment) Act 2004 is repealed.

49.Consequential amendment

In section 5 of the Gambling Regulation (Amendment) Act 2004, for proposed section 3.4.37M(2)(c) of the Gambling Regulation Act 2003 substitute—

"(c)hold a gaming industry employee's licence; or".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 17 November 2004

Legislative Council: 8 December 2004

The long title for the Bill for this Act was "to amend the Gambling Regulation Act 2003 and the Casino Control Act 1991 and for other purposes."