Gaming Acts (Further Amendment) Act 1997 (Vic)

Gaming Acts (Further Amendment) Act 1997

Act No. 15/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—GAMING AND BETTING ACT 1994 3

3.	Principal Act	3
4.	Quarterly statement of costs and expenses	3
5.	Prohibited shareholding	3
6.	Approved betting competitions	3
7.	Tax on under par subsidies	3

PART 3—GAMING MACHINE CONTROL ACT 1991 5

8.	Principal Act	5
9.	Insertion of new section 26A	5
26A. Renewal of venue operator's licence	5
10.	Disciplinary action	6
11.	Installation of gaming equipment	7
12.	Investigation of complaints	8
13.	Audit	8
14.	Statute law revision	9

PART 4—CLUB KENO ACT 1993 10

15.	Principal Act	10
16.	Definitions	10
17.	Prizes fund	10
18.	Substitution of section 7	11
7. Duty payable by participants	11

PART 5—TATTERSALL CONSULTATIONS ACT 1958 13

19.	Principal Act	13
20.	Turnover tax	13
21.	Abolition of Lotteries Development Fund	14
22.	Abolition of Gold Lottery Consultations	14

i

Section Page

23.	Appropriation of duty	14
24.	Commission paid to accredited representatives	14
25.	Insertion of new section 12	15
12. Transitional	15

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NOTES 16

ii

Victoria

No. 15 of 1997

Gaming Acts (Further Amendment) Act

1997†

[Assented to 6 May 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to make miscellaneous
amendments to the Gaming and Betting Act
1994, the Gaming Machine Control Act 1991,
the Club Keno Act 1993 and the Tattersall
Consultations Act 1958.

Gaming Acts (Further Amendment) Act 1997

Act No. 15/1997 s. 2

2. Commencement

(1) Parts 1, 2 and 3 (except sections 9 and 11) come

into operation on the day on which this Act
receives the Royal Assent.

(2) Part 5 comes into operation on 1 July 1997.

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 6 January 1998, it

comes into operation on that day.

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Gaming Acts (Further Amendment) Act 1997

s. 3 Act No. 15/1997

PART 2—GAMING AND BETTING ACT 1994

3. Principal Act

No. 37/1994

as amended	In this Part, the Gaming and Betting Act 1994 is
by Nos	called the Principal Act.
98/1994, 42/1995, 44/1995, 4/1996 and 17/1996.

4. Quarterly statement of costs and expenses

(1) Section 95 of the Principal Act is repealed.

(2) In section 92A of the Principal Act, omit "or 95".

5. Prohibited shareholding

(1) In section 53(1) of the Principal Act—

(a) for paragraphs (a) and (b) substitute— "(a) is entitled to voting shares in the

licensee that together constitute more than 5% of the total number of voting shares in the licensee;";

(b) omit paragraph (d).

(2) Section 54 of the Principal Act is repealed.

6. Approved betting competitions

In section 68(4) of the Principal Act, after
"competition" insert "conducted in accordance

with a licence granted under this Act".

7. Tax on under par subsidies

(1) In section 74(1)(a) of the Principal Act, after

"73(1)" insert "less any amount referred to in sub-
section (1A)".

Gaming Acts (Further Amendment) Act 1997

Act No. 15/1997 s. 7

(2) In section 74 of the Principal Act, after sub-

section (1) insert—

"(1A) If the calculated dividend on an amount

invested in a totalisator is less than the
minimum dividend payable under the betting
rules or the regulations, the difference
between the minimum dividend and the
calculated dividend is not to be included in
the total amount referred to in sub-section
(1)(a).".

(3) In section 77(2)(a) of the Principal Act, after "76" insert "less any amount referred to in sub-section (2A)".

(4) In section 77 of the Principal Act, after sub-

section (2) insert—

"(2A) If the calculated dividend on an amount

invested in a totalisator is less than the
minimum dividend payable under the betting
rules or the regulations, the difference
between the minimum dividend and the
calculated dividend is not to be included in
the total amount referred to in sub-section
(2)(a).".

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Gaming Acts (Further Amendment) Act 1997

s. 8 Act No. 15/1997

PART 3—GAMING MACHINE CONTROL ACT 1991

8. Principal Act

No. 53/1991.	In this Part, the Gaming Machine Control Act
Reprinted to
No. 44/1995	1991 is called the Principal Act.
and
subsequently
amended by
Nos 17/1996, 18/1996 and 41/1996.

9. Insertion of new section 26A

After section 26 of the Principal Act insert—

"26A. Renewal of venue operator's licence

(1) The holder of a venue operator's licence

may, not earlier than 9 months before the
expiration of the current licence, apply to the
Authority for a new licence, in which case—

(a)	the current licence continues in force, unless sooner cancelled or surrendered, 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 or to the effect of a form approved by the Authority and must be accompanied by the prescribed fee.

(3) This Act (except sections 19(4), 19(5), 20(2),

21(1)(c), 21(2)(f) and 21(2)(g)) applies to
and in relation to—

Gaming Acts (Further Amendment) Act 1997

Act No. 15/1997 s. 10

(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 venue operator.".

10. Disciplinary action

(1) In section 30(1) of the Principal Act, in paragraph (ea) of the definition of "grounds for disciplinary action", for sub-paragraph (vii) substitute—

"(vii) whether or not in Victoria—

(A) an indictable offence; or

(B) an offence which, if committed in

Victoria, would be an indictable

offence—

the nature or circumstances of which, in the
opinion of the Authority, relate to an

approved venue of the venue operator;".

(2) In section 30(7A) of the Principal Act, for

paragraph (g) substitute—

"(g) whether or not in Victoria—

(i) an indictable offence; or

(ii)

an offence which, if committed in offence—

the nature or circumstances of which, in the
opinion of the Director, relate to an approved

venue of the venue operator.".

(3) In section 30 of the Principal Act, after sub-

section (9) insert—

Gaming Acts (Further Amendment) Act 1997

s. 11 Act No. 15/1997

"(10) This section as amended by section 10 of the

Gaming Acts (Further Amendment) Act
1997 applies to a person charged with or
convicted or found guilty of an offence after
the commencement of section 10 of that

Act.".

11. Installation of gaming equipment

(1) In section 77(1) of the Principal Act—

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

(b) omit paragraph (c).

(2) In section 77 of the Principal Act, after sub-

section (1D) insert—

"(1E) A gaming operator must not allow gaming to

commence on gaming equipment in respect
of which certificates under sub-sections (1A)
and (1C)—

(a) have not been signed; or

(b) have been signed in contravention of sub-section (1B) or (1D).

Penalty: 1000 penalty units.".

(3) In section 77 of the Principal Act, for sub-section

(2) substitute—
"(2) A gaming operator who installs gaming

equipment, or causes gaming equipment to
be installed, at an approved venue must give

notice to the Authority of—

(a)	particulars of the gaming equipment; and
(b)	the date and time of commencement of gaming on the gaming equipment—

Gaming Acts (Further Amendment) Act 1997

s. 12
s. 13

Act No. 15/1997

not later than the next day on which the Authority is open for business after that commencement.

Penalty: 100 penalty units.

(2A) A notice under sub-section (2) must be in a form approved by the Director.".

12. Investigation of complaints

(1) In section 125 of the Principal Act, sub-section (2)

is repealed.

(2) In section 125 of the Principal Act, for sub-

sections (3) and (4) substitute—

"(3) If, as a result of the investigation, the

inspector is satisfied that there has been a
contravention of a provision of this Act, the

inspector—

(a)	must report the matter to the Director in writing; and
(b)	operator and the relevant gaming operator of the substance of the complaint and give each of the operators an opportunity to respond to

subsequently must notify the venue period to be specified in the notice.

(3A) Sub-section (3)(b) does not apply to a

complaint in respect of which the Director

decides to take no further action.

(4) The inspector must inform the complainant

of the results of the investigation of the complaint and of any action taken as a consequence of it.".

13. Audit

Gaming Acts (Further Amendment) Act 1997
Act No. 15/1997

(1) In section 3(1) of the Principal Act, in paragraph

(b) of the definition of "gaming operator", after
"sections" insert "134,".

(2) In section 134 of the Principal Act, omit "and an

operator under the gaming licence" (wherever
occurring).

14. Statute law revision

(1) In section 119(d) of the Principal Act, for "ability"

substitute "suitability".

(2) In section 136 of the Principal Act, sub-section

(3A) is repealed.

(3) In section 136(3D) of the Principal Act—

(a) for "sub-sections (2) and (3)" substitute "sub-section (3)"; and

(b) for "continue" substitute "continues".

(4) Sections 160, 161 and 162 of the Principal Act are

repealed.

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Gaming Acts (Further Amendment) Act 1997

Act No. 15/1997 s. 15

PART 4—CLUB KENO ACT 1993

15. Principal Act

In this Part, the Club Keno Act 1993 is called the	No. 56/1993. Reprint No. 1
Principal Act.	as at 24 October 1996.

16. Definitions

In section 3 of the Principal Act—

(a) insert the following definitions—
' "approved venue" has the same meaning

as in the Gaming Machine Control
Act 1991;

"gaming revenue", in relation to a week,

means the amount received by the
participants for club keno games
conducted by the participants in the
week less the sum of all prizes payable
in respect of those games;

"venue operator" has the same meaning as in the Gaming Machine Control Act 1991;';

(b)

in the definition of "participants", for revenue";

(c) omit the definition of "participants' net profit".

17. Prizes fund

In section 5(2) of the Principal Act, for "82·5 per centum of the total amount subscribed to" substitute "75 per centum of the total amount received by the participants for".

Gaming Acts (Further Amendment) Act 1997

s. 18 Act No. 15/1997

18. Substitution of section 7

For section 7 of the Principal Act substitute—
"7. Duty payable by participants

(1) In this section, "week" means a period of 7

days commencing on a Sunday and ending

on the following Saturday.

(2) The participants must pay in respect of club

keno games conducted during each week—

(a)	to the Treasurer, in accordance with arrangements approved by the Treasurer, for payment into the Consolidated Fund, 331/3 per centum of the gaming revenue for the week, such payment to be made on the next Tuesday after the end of the week; and
(b)	to the venue operator of an approved venue in which tickets in club keno games are sold during the week, an amount calculated in accordance with the formula—
GR V

×

3       T

where— approved venue for club keno games conducted during the week.

GR is the gaming revenue for the week;
T is the total amount received by the
participants for club keno games
conducted during the week;

(3) If, in respect of a week, the amount of all

prizes payable in respect of club keno games
conducted during the week exceeds the

Gaming Acts (Further Amendment) Act 1997

Act No. 15/1997 s. 18

amount received by the participants for those
games, the amount of that excess may be
applied to reduce the gaming revenue for the
next or a subsequent week for the purposes
of determining the amounts payable under

sub-section (2)(a) in respect of that week.

(4) An amount payable under this section is a

debt and may be recovered in a court of
competent jurisdiction.

(5) An amount equal to the amount paid into the Consolidated Fund under sub-section (2)(a) must, in respect of each relevant period, be paid out of the Consolidated Fund (which is to the necessary extent appropriated

accordingly) into the Hospitals and Charities and the Mental Hospitals Fund under the Tattersall Consultations Act 1958, in the proportions determined by the Treasurer.

(6) This section as amended by section 18 of the

Gaming Acts (Further Amendment) Act 1997 applies in respect of a week commencing on or after the day on which that section commences.".

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Gaming Acts (Further Amendment) Act 1997

s. 19 Act No. 15/1997

PART 5—TATTERSALL CONSULTATIONS ACT 1958

19. Principal Act

No. 6390.	In this Part, the Tattersall Consultations Act
Reprinted to
No. 73/1993	1958 is called the Principal Act.
and
subsequently
amended by
No. 98/1995.

20. Turnover tax

(1) In section 6 of the Principal Act, for sub-sections

(1) and (1A) substitute—
"(1) The promoter must pay to the Treasurer for

payment into the Consolidated Fund—

(a)

in respect of each Consultation equal to 35·55 per centum of the amount subscribed to the Consultation; and

(b)	in respect of each soccer football pool conducted under the licence a duty equal to 34 per centum of the amount subscribed to the soccer football pool; and
(c)

an amount equal to 25 per centum of period.".

(2) In section 6(1B) of the Principal Act—

(a)	after "under" (where first occurring) insert "paragraphs (a) and (b) of"; and
(b)	for "sub-section (1A)" substitute "paragraph (c) of sub-section (1)".

Gaming Acts (Further Amendment) Act 1997

Act No. 15/1997 s. 21

21. Abolition of Lotteries Development Fund

(1) Section 6AA of the Principal Act is repealed.

(2) On the repeal of section 6AA of the Principal Act

the balance of money standing to the credit of the promoter.

22. Abolition of Gold Lottery Consultations

(1) In section 3 of the Principal Act—

(a)	in the definition of "Consultation", omit paragraph (b);
(b)	the definition of "Gold Lottery Consultation" is repealed.

(2) Section 7B of the Principal Act is repealed.

23. Appropriation of duty

In section 7(1) of the Principal Act, for "other than a Gold Lottery Consultation and an amount equal to one-third of" substitute "and an amount equal to".

24. Commission paid to accredited representatives

In section 3 of the Principal Act, for the definition of ' "amount subscribed" or "total subscriptions" ' substitute—

' "amount subscribed" or "total subscriptions",

in relation to a Consultation or soccer
football pool, does not include—

(a) by 10 cents the number of tickets issued

an amount determined by multiplying soccer football pool; or

(b) an amount paid or payable to an accredited representative of the

Gaming Acts (Further Amendment) Act 1997

s. 25	Act No. 15/1997
promoter as commission on the issue of tickets in the Consultation or soccer football pool;'.

25. Insertion of new section 12

After section 11 of the Principal Act insert—

"12. Transitional

(1) This Act as amended by section 20 of the

Gaming Acts (Further Amendment) Act

1997 applies to—

(a)	Consultations and soccer football pools conducted on or after 1 July 1997; and
(b)	a relevant period commencing on or after 1 July 1997.

(2) This Act as amended by section 23 of the

Gaming Acts (Further Amendment) Act football pools during each financial year ending after 1 July 1997.".
1997 applies to all duty paid into the

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Gaming Acts (Further Amendment) Act 1997

Act No. 15/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 20 March 1997

Legislative Council: 22 April 1997

The long title for the Bill for this Act was "to amend the Gaming and Betting Act 1994, the Gaming Machine Control Act 1991, the Club Keno Act 1993 and the Tattersall Consultations Act 1958 and for other

purposes."