Gaming Acts (Further Amendment) Act 1998 (Vic)
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 1
PART 2—CASINO CONTROL ACT 1991 3
3. Restrictions on employment 3 4. Statute law revision 3
PART 3—CASINO (MANAGEMENT AGREEMENT) ACT 1993 5
5. Principal Act 5 6. Amendment of definitions 5 7. Insertion of new section 6E 5
6E. Ratification of the fifth Deed of Variation 5
8. Amendment of section 7 6 9. Insertion of Schedule 6 6
PART 4—CLUB KENO ACT 1993 10
10. Principal Act 10 11. Definitions 10 12. Declaration of participant 11 13. Regulations 11 14. Repeal of spent provisions 11
PART 5—GAMING AND BETTING ACT 1994 12
15. Amendment of section 51 12 16. Amendment of section 128 12
PART 6—GAMING MACHINE CONTROL ACT 1991 13
17. Principal Act 13 18. Declaration of operator 13 19. Amendment of section 12A 14 20. Amendment of section 12D 14
i
Section Page
21. Amendment of section 30 14 22. Manufacturers and suppliers 14 23. Malfunction of gaming machines 15 24. Delegation 16 25. Returns by gaming operators 16 26. New section 136B inserted 16 136B. Interest on late payment 16 27. Statute law revision 17
PART 7—GAMING NO. 2 ACT 1997 19
28. Principal Act 19 29. Applicant for permit under Part 4 19 30. Trade promotion lotteries 19
28A. Nominee of holder of permit 19
31. Operators need not be natural persons 20 32. New section 39A inserted 21
39A. Nominee of licensee 21
33. Amendment of section 47 22 34. Employee's licence 22 35. New section 62 substituted 23
62. Duration of employee's licence 23
36. Banking 23 37. Disciplinary action 23 38. Suspension of permit or licence 24 39. Delegation 26
PART 8—TATTERSALL CONSULTATIONS ACT 1958 27
40. Declaration of operator 27
═══════════════
NOTES 29
ii
Victoria
No. 90 of 1998
Gaming Acts (Further Amendment) Act
1998†
[Assented to 24 November 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
.
The purpose of this Act is to amend the Casino the Tattersall Consultations Act 1958
Control Act 1991, the Casino (Management
Agreement) Act 1993, the Club Keno Act 1993, theGaming and Betting Act 1994, the Gaming Machine
2. Commencement
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998
(1) Subject to this section, this Act comes into
operation on the day on which this Act receives
the Royal Assent.(2) Sections 29, 30, 31 and 32 come into operation on 1 March 1999.
(3) Section 36 comes into operation on 1 June 1999.
_______________
Gaming Acts (Further Amendment) Act 1998
| s. 3 | Act No. 90/1998 |
PART 2—CASINO CONTROL ACT 1991
No. 47/1991.
| Reprint No. 3 | 3. Restrictions on employment |
| as at 8 May | |
| 1997 and | In section 152 of the Casino Control Act 1991— |
| subsequently | |
| amended by | (a) sub-sections (3) and (4) are repealed; |
| Nos 16/1997 | |
| and 46/1998. | (b) in sub-section (5), omit ", (3) or (4) or by section 111". |
4. Statute law revision
(1) In the Casino Control Act 1991—
(a) in section 115(2)(a) for "not less that" substitute "not less than"; (b) in section 128D(2)(c) after "project;" insert "and".
(2) In section 167 of the Casino Control Act 1991,
for sub-sections (3) and (4) substitute—
"(3) The Regulations are subject to disallowance
by a House of the Parliament.
(4) If a regulation made under this Act is
disallowed by the Parliament or a House of
the Parliament, no regulation which is the
same in substance as the disallowed
regulation may be made within 6 monthsafter the date of the disallowance, unless—
(a)
if the regulation was disallowed by one House of the Parliament, that House approves the making of a regulation the same in substance as the disallowed regulation; or
(b)
if the regulation was disallowed by both Houses of the Parliament, each House approves the making of a
regulation the same in substance as the
disallowed regulation.".
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 4 _______________
Gaming Acts (Further Amendment) Act 1998
| s. 5 | Act No. 90/1998 |
PART 3—CASINO (MANAGEMENT AGREEMENT) ACT 1993
No. 94/1993.
| Reprint No. 2 | 5. Principal Act |
| as at | |
| 5 September | In this Part, the Casino (Management |
| 1997 and | Agreement) Act 1993 is called the Principal Act. |
| subsequently amended by No. 16/1997. |
6. Amendment of definitions
In section 4 of the Principal Act—
(a) in the definition of "the Agreement", after "fourth Deed of Variation" insert "and the fifth Deed of Variation"; (b) after the definition of "the fourth Deed of ' "the fifth Deed of Variation" means the
deed of variation to the management agreement for the Melbourne Casino Project, a copy of which is set out in Schedule 6.'.
7. Insertion of new section 6E
After section 6D of the Principal Act insert—
"6E. Ratification of the fifth Deed of Variation(1) The fifth Deed of Variation is ratified and
takes effect as if it had been enacted in this
Act.
(2) The Agreement is amended as provided in the fifth Deed of Variation.
(3) A reference in clause 2.2 of the fifth Deed of Variation to the coming into operation of the Bill is deemed to be a reference to the date
on which the Gaming Acts (Further
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 8 Amendment) Act 1998 receives the Royal
Assent.".
8. Amendment of section 7
In section 7(2) of the Principal Act, after "6D(1)" insert "or 6E(1)".
9. Insertion of Schedule 6
After Schedule 5 to the Principal Act insert—
"SCHEDULE 6
FIFTH DEED OF VARIATION TO THE MANAGEMENT
AGREEMENT
MELBOURNE CASINO PROJECT
DEED dated 1 October 1998
BETWEEN
THE HONOURABLE ROGER M. HALLAM MLC, the Minister of the Crown for the time being administering the Casino Control Act acting for and on behalf of the State of Victoria ('State')
AND CROWN LIMITED ACN 006 973 262 of 8 Whiteman
Street, Southbank, Victoria ('Company')RECITALS A.
The State and the Company entered into an agreement dated 20 September 1993 ratified by and scheduled to the Casino (Management Agreement) Act 1993 ('Management Agreement').
B. The Management Agreement was varied by:
(a)
a deed of variation dated 14 November 1994 ratified by and scheduled to the Casino (Management Agreement) (Amendment) Act 1994;
(b)
a deed of variation dated 12 October 1995 ratified by and scheduled to the Casino (Management Agreement) (Further Amendment) Act 1995;
(c)
a deed of variation dated 3 June 1996 ratified by and scheduled to the Gaming Acts (Amendment) Act 1996; and
Gaming Acts (Further Amendment) Act 1998
| s. 9 | Act No. 90/1998 |
(d) a deed of variation dated 7 November 1996 ratified by Agreement) (Amendment) Act 1996.
C.
The parties have agreed to further vary the Management Agreement as provided in this document.
AGREEMENT
1. Definitions
Unless the context otherwise requires or the contrary intention
appears, terms defined in the Casino Control Act or the
Management Agreement have the same meaning when used in this
document. 2. Ratification and operation of provisions 2.1 A Minister of the State must introduce and sponsor a Bill in the
Parliament of Victoria to ratify this document as soon as
reasonably practicable after its execution.2.2 Clauses 3 and 4 of this document shall come into operation on the
date on which the Bill referred to in clause 2.1 receives Royal
Assent.2.3 Clauses 1, 2, 5, 6 and 7 of this document shall come into operation
on the date of this document.2.4 If the condition in clause 2.2 is not satisfied by 31 January 1999 or
such later date agreed by the parties, this document other than
clause 5 will terminate. Following such termination neither party
shall have any claim against the other with respect to any matter or
thing antecedent to or arising out of or done, performed, or
omitted to be done or performed under this document.3. Variation of Management Agreement The State and the Company agree to vary the Management
Agreement in the following manner:
(a)
the definition of 'Completion Date' in clause 2 shall be varied by deleting from paragraph (e) '1999' and substituting '2003';
(b) clause 10.4 is varied by:
(i) deleting the words 'as soon as practicable'; and
(ii) inserting at the end of the clause the words 'within sufficient time to enable their Completion by the relevant Completion Date';
(c) clause 16.9(b) is varied by:
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 9
(i) inserting the words 'and section 81J of the Casino Control Act' after the words 'clauses 22 and 22A'; and
(ii) deleting the word 'and' after the words 'Gross Gaming Revenue' and substituting a comma; and
(iii) inserting the words 'and gross betting revenue' after the words 'Commission Based Players' Gaming Revenue'.
4. Bank Guarantee
4.1 On or before 1 January 2000, the Company must provide to the
State an unconditional guarantee or letter of credit issued by a
bank or banks acceptable to the State's Nominated Representative
and in a form approved by the State's Nominated Representative to
pay to the State on demand up to $25 000 000.4.2 The guarantee or letter of credit required under clause 4.1 is to be
provided in substitution for the Bank Guarantee currently provided
to the State under clause 18.1 of the Management Agreement, and
will be the Bank Guarantee for the purposes of clause 18.2 of the
Management Agreement.4.3 A breach by the Company of clause 4.1 shall be taken to be a
breach of the Management Agreement for the purposes of clause
25.2 of the Management Agreement.5. Force Majeure Event The Company acknowledges that none of the negotiation, preparation and execution of this document, its ratification under clause 2 or any of the circumstances relating to or giving rise to the creation of this document has or will cause or create any Government Action or Force Majeure Event.
6. Confirmation of other terms 6.1
The parties acknowledge and confirm that except as varied by this document the terms and conditions of the Management Agreement remain in full force and effect.
6.2 Without limiting clause 6.1, the Company acknowledges and
confirms that:
(a)
subject to clause 16.3 of the Management Agreement, the Company shall be liable for liquidated damages under clause 17 of the Management Agreement if the Lyric Theatre and the Southern Tower of the Hotel are not Completed and open for business by the Completion Date; and
Gaming Acts (Further Amendment) Act 1998
| s. 9 | Act No. 90/1998 |
(b) the Company must comply with the requirements of clause 13.1 of the Management Agreement in relation to materials, fittings, equipment and workmanship utilised in carrying out the construction of the Melbourne Casino Complex. 7. General provisions
Clauses 33 and 35 to 40 (inclusive) of the Management Agreement apply to this document as if expressly included in this document.
EXECUTED as a deed.
SIGNED by THE HONOURABLE ROGER M. HALLAM MLC for and on
ROGER M HALLAM behalf of the State of Victoria in the presence of ANNA O'SULLIVAN
Signature of witnessTHE COMMON SEAL of CROWN LIMITED is affixed in accordance with its
L. S. articles of association in the presence of P ROWEC L J WILLIAMS Secretary Director ".
_______________
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 10
PART 4—CLUB KENO ACT 1993
10. Principal Act
In this Part, the Club Keno Act 1993 is called the
No. 56/1993. Reprint No. 1
Principal Act. as at
24 October1996 and
subsequentlyamended by Nos 15/1997,
93/1997 and
29/1998.
11. Definitions
In this section 3 of the Principal Act insert—
' "subsidiary"—
(a) in relation to the trustees, means a body body corporate, would be a subsidiary of the trustees within the meaning of the Corporations Law (but not a subsidiary of another such body corporate);
(b) in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Law (but not a subsidiary of another such body corporate); "wholly-owned subsidiary", in relation to the trustees, means a company—
(a)
that is a subsidiary of the trustees or of a body corporate that is a subsidiary of the trustees; and
(b)
none of whose members is a person other than—
Gaming Acts (Further Amendment) Act 1998
| s. 12 | Act No. 90/1998 |
(i) the trustees;
(ii) a nominee of the trustees;
(iii) a subsidiary of the trustees, being members is a person other than—
(A) the trustees; or
(B) a nominee of the trustees;
(iv) a nominee of such a subsidiary.'.
12. Declaration of participant
In sections 3A(1) and (2), 3B(1), (2)(b) and (2)(d) and 3C(1) of the Principal Act, for "wholly owned and controlled by" substitute "a wholly-owned
subsidiary of".
13. Regulations
In section 15 of the Principal Act, for sub-section
(3) substitute—"(3) The Regulations are subject to disallowance
by a House of the Parliament.".
14. Repeal of spent provisions
Sections 16 and 17 of the Principal Act are repealed.
_______________
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 15
PART 5—GAMING AND BETTING ACT 1994
15. Amendment of section 51
In section 51(1) of the Gaming and Betting Act
No. 37/1994. Reprint No. 1
1994, the definition of "relevant offence" is as at 28 July repealed. 1997 and
subsequentlyamended by Nos 16/1997, 90/1997 and 46/1998.
16. Amendment of section 128
In section 128 of the Gaming and Betting Act
1994—
(a) in sub-section (4), omit "or the Director, as the case requires"; (b) in sub-section (6), after "1991" insert ", a casino operator under the Casino Control Act 1991 or a person whose name is on the Roll referred to in section 62 of the Gaming Machine Control Act 1991".
_______________
Gaming Acts (Further Amendment) Act 1998
| s. 17 | Act No. 90/1998 |
PART 6—GAMING MACHINE CONTROL ACT 1991
No. 53/1991.
| Reprint No. 5 | 17. Principal Act |
| as at 30 June |
1998. In this Part, the Gaming Machine Control Act 1991 is called the Principal Act.
18. Declaration of operator
(1) In section 3(1) of the Principal Act insert—
' "subsidiary"—
(a) in relation to the Trustees, means a body corporate that, if the Trustees were a body corporate, would be a subsidiary of the Trustees within the meaning of the Corporations Law (but not a subsidiary of another such body corporate);
(b) in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Law (but not a subsidiary of another such body corporate); "wholly-owned subsidiary", in relation to the Trustees, means a company—
(a) that is a subsidiary of the Trustees or of a body corporate that is a subsidiary of the Trustees; and (b) none of whose members is a person other than— (i) the Trustees;
(ii) a nominee of the Trustees;
(iii) a subsidiary of the Trustees, being members is a person other than—
Gaming Acts (Further Amendment) Act 1998
s. 19
s. 22
Act No. 90/1998
(A) the Trustees; or
(B) a nominee of the Trustees;
(iv) a nominee of such a subsidiary.'.
(2) In sections 3A(1) and (2), 3B(1), (2)(b) and (2)(d) and 3C(1) of the Principal Act for "wholly owned and controlled by" substitute "a wholly-owned
subsidiary of".
19. Amendment of section 12A
After section 12A(1)(d) of the Principal Act insert—
"; or
(e)
a licence of a kind referred to in paragraphs (a) to (d) that is granted subject to a condition under section 80 of the Liquor Control Act 1987.".
20. Amendment of section 12D
In section 12D of the Principal Act for sub-section
(2) substitute—"(2) In particular, the Authority must consider
whether the size, layout and facilities of the
premises are or will be suitable.".
21. Amendment of section 30
After section 30(4)(b) of the Principal Act insert—
"; or
(c) the imposition of a fine.".
22. Manufacturers and suppliers
(1) In section 66 of the Principal Act, before sub- section (1) insert—
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998
'(1A) In this section—
"disciplinary action" means removal of the
name of a person from the Roll, the issuing of a letter of censure or the imposition of a fine not exceeding $5 000 000.'.
(2) In section 66(1) of the Principal Act, for "remove
the name of a person from the Roll" substitute
"take disciplinary action against a person listed on
the Roll whether before or after the
commencement of section 22 of the Gaming Acts
(Further Amendment) Act 1998".
(3) In section 66(2) of the Principal Act, for "why the
person's name should not be removed from the not be taken against the person".
23. Malfunction of gaming machines
(1) In section 83(1) of the Principal Act after
"suspects that the gaming machine" insert "or any
related gaming equipment".(2) In section 84 of the Principal Act, for sub-section
(1) substitute—
"(1) A venue operator or a gaming operator must
not allow a gaming machine that is installed in an approved venue of the venue operator to be played, other than for testing purposes,
if—
(a)
it does not function in the manner in which it was designed and programmed to function; or
(b)
any related gaming equipment does not function in the manner in which it was designed and programmed to function in relation to that gaming machine—
Gaming Acts (Further Amendment) Act 1998
s. 24
s. 26
Act No. 90/1998
until the gaming machine or gaming
equipment is functioning in the manner in
which it was designed and programmed tofunction.
Penalty: 100 penalty units.".
24. Delegation
In section 107A(1A) of the Principal Act, for
"Division 4 of Part 3" substitute "section 12B(5),
12C(2), 12D, 12E, 12F, 12H, 12K, 20(3), 21, 22,23, 25, 25A, 30, 31 or 38 or Division 4 of Part 3".
25. Returns by gaming operators
In section 136 of the Principal Act, for sub-section
(5) substitute—'(5) In this section—
"daily net cash balance", in relation to a
gaming machine, means the total amount wagered on a day less—
(a) the sum of all prizes paid from that amount (other than prizes paid from a jackpot special prize pool); and
(b)
the sum of amounts determined as prescribed for payment in respect of that total amount wagered to a jackpot special prize pool.'.
26. New section 136B inserted
After section 136A of the Principal Act insert—
"136B. Interest on late payment
(1) If an amount payable under this Part—
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998
(a) by the Trustees to the Treasurer; or
(b)
by a gaming operator or holder of a gaming licence under the Gaming and Betting Act 1994 to the Authority—
is not so paid within the period within which
it is required to be paid, the Trustees are, or
the operator or holder is, as the case requires,
liable to pay interest at the rate of 20% per
annum on that amount from the date on
which the payment was due until the
payment is made.(2) The Treasurer or the Authority, as the case requires, may, if the Treasurer or Authority thinks fit, mitigate or remit an amount of
interest due under sub-section (1).".
27. Statute law revision
(1) In section 78 of the Principal Act, for sub-
section (6) substitute—
"(6) Section 15 and Part 5 of the SubordinateLegislation Act 1994 apply to a rule made under this section as if the rule were a statutory rule within the meaning or that Act, notice of the making of which had been published in the Government Gazette on the day on which the rule was so published.".
(2) In section 159 of the Principal Act, for sub-
sections (4) and (5) substitute—
"(4) The regulations and rules made under section
78 are subject to disallowance by a House of
the Parliament.(5) If a regulation made under this Act or a rule made under section 78 is disallowed by the Parliament or a House of the Parliament, no regulation or rule which is the same in
substance as the disallowed regulation or
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 27 rule may be made within 6 months after the
date of the disallowance, unless—
(a)
if the regulation or rule was disallowed by one House of the Parliament, that House approves the making of a regulation or rule the same in substance as the disallowed regulation or rule; or
(b)
if the regulation or rule was disallowed by both Houses of the Parliament, each House approves the making of a
regulation or rule the same in substance
as the disallowed regulation or rule.".
_______________
Gaming Acts (Further Amendment) Act 1998
| s. 28 | Act No. 90/1998 |
PART 7—GAMING NO. 2 ACT 1997
No. 16/1997
| as amended | 28. Principal Act |
| by Nos | |
| 90/1997, | In this Part, the Gaming No. 2 Act 1997 is called |
| 30/1998, | the Principal Act. |
| 43/1998 and 52/1998. |
29. Applicant for permit under Part 4
In section 28(1) of the Principal Act, omit
"natural".
30. Trade promotion lotteries
After section 28 of the Principal Act insert—
"28A. Nominee of holder of permit
(1) If a permit under this Part is granted to a body corporate, the body corporate must nominate a natural person approved by the
Director to be responsible as the holder of the permit on behalf of the body corporate and a person so nominated and approved is liable under this Act as the holder of the
permit.(2) If the body corporate has not nominated a
person under sub-section (1) or if a person so
nominated has resigned, or been dismissed,
or is otherwise unable for any reason to carry
out the duties of the holder of a permit, the
directors of the body corporate are severally
liable under this Act as the holder of the
permit until such time as a natural person or
another natural person (as the case may be)
is nominated and approved by the Director.
(3) The Director may refuse to approve a person nominated under this section unless satisfied that the person nominated is a suitable
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 31 person to be concerned in or associated with
the promotion of the trade or business to
which the permit relates.(4) In particular, the Director must consider whether the person nominated is of good repute, having regard to character, honesty
and integrity.
(5) The Director must determine an application
by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision.
(6) The nomination and approval by the Director of a person under this section does not limit the liability of the holder of the permit under this Act whilst that person is a nominee.".
31. Operators need not be natural persons
(1) In section 3 of the Principal Act, in the definition of "operator" omit "natural".
(2) In section 35(1)(a) and (b) of the Principal Act,
after "applicant" insert "or an associate of the
applicant".
(3) In section 36 of the Principal Act—
(a)
in sub-section (1)(a), after "applicant" insert "and each associate of the applicant";
(b)
in sub-section (2)(a) and (b), after "applicant" insert "and each associate of the applicant";
(c)
after sub-section (2)(b) insert— "(ba) if the applicant is not a natural person,
the applicant has, or has arranged, a
satisfactory ownership, trust or
corporate structure;";
Gaming Acts (Further Amendment) Act 1998
| s. 32 | Act No. 90/1998 |
(d)
in sub-section (2)(c), after "applicant" insert "or an associate of the applicant".
32. New section 39A inserted
After section 39 of the Principal Act insert—
"39A. Nominee of licensee
(1) If an operator's licence is granted to a body
corporate, the body corporate must nominate
a natural person approved by the Authority
to be responsible as licensee on behalf of the
body corporate and a person so nominated
and approved is liable under this Act as
licensee.
(2) If the body corporate has not nominated a
person under sub-section (1) or if a person so nominated has resigned or been dismissed or has ceased to manage or control a bingo
centre to which the licence relates, the
directors of the body corporate are severally
liable under this Act as licensee until such
time as a natural person or another natural
person (as the case may be) is nominated andapproved by the Authority.
(3) The Authority 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 themanagement and operation of a bingo centre.
(4) In particular, the Authority 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;
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 33
(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 Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. (5) Sections 37, 38 and 39 apply as if a reference
to an application for an operator's licence
were a reference to an application under this
section for approval of a person as a
nominee.
(6) The Authority must determine an application
by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision.
(7) The nomination and approval by the
Authority of a person under this section does not limit the liability of the holder of an operator's licence under this Act whilst that person is a nominee.".
33. Amendment of section 47
At the end of section 47 of the Principal Act
insert—"Penalty: 50 penalty units".
34. Employee's licence
In section 53(1) of the Principal Act—
(a) at the end of paragraph (b), omit "and";
(b) paragraph (c) is repealed.
Gaming Acts (Further Amendment) Act 1998
| s. 35 | Act No. 90/1998 |
35. New section 62 substituted
For section 62 of the Principal Act substitute—
"62. Duration of employee's licenceAn employee's licence remains in force, unless sooner cancelled or surrendered, for a period of 3 years after the end of the month in which the licence was issued.".
36. Banking
In section 89(1) of the Principal Act—
(a)
for "must—" substitute "or has, at any time in the preceding 12 months, held such a permit or conducted such an activity must—";
(b)
for paragraph (c) substitute— "(c) keep and maintain a single account, as
approved by the Authority, at a activities held or conducted by that person; and".
financial institution in the State for use
for all transactions arising under this
37. Disciplinary action
In section 92(1) of the Principal Act, in the
definition of "grounds for disciplinary action",
after paragraph (g) insert—
"(h) that—(i) the holder of a permit under section 28 or of an operator's licence; or
(ii) if such a holder is a body corporate, an officer or director of the holder; or
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 38 (iii) the nominee of such a holder or operator approved under section 28A or 39A—
has been convicted or found guilty of—
(iv) Regulations, the Casino Control Act
1991, the Gaming Machine Control
Act 1991, the Club Keno Act 1993,an offence against this Act or the the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or
(v) an offence arising out of or in connection with the employment of the holder under any of those Acts; or
(vi) an offence arising out of or in connection with the management or operation of a bingo centre; or
(vii) whether or not in Victoria— (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 a bingo
centre of the holder of an operator's licence;(i) that the holder of a permit under Part 4 or of an operator's licence is considered, having regard to the matters set out in section 29(1) or 36(2), to be no longer a suitable person to hold the permit or licence.".
38. Suspension of permit or licence
After section 92(8) of the Principal Act insert—
Gaming Acts (Further Amendment) Act 1998
| s. 38 | Act No. 90/1998 |
"(9) The Authority or the Director may suspend a
suspend an operator's licence and the
permit under Part 4, the Authority may licence by notice in writing given to the holder of the permit or licence if the Authority or Director, as the case requires, is satisfied that—
(a) the holder; or
(b)
if the holder is a body corporate, an officer or director of the holder; or
(c)
the nominee of the holder approved under section 28A or 39A—
has been charged with—
(d) Regulations, the Casino Control Act
1991, the Gaming Machine Control
Act 1991, the Club Keno Act 1993,an offence against this Act or the the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or
(e) an offence arising out of or in connection with the employment of the holder under any of those Acts; or (f) an offence arising out of or in connection with the management or operation of a bingo centre; or (g) committed outside Victoria which, if
committed in Victoria, would be an
indictable offence the nature oran indictable offence or an offence of the Authority or Director, as the case
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 39 requires, relate to a bingo centre of the
holder.".39. Delegation
After section 103(1) of the Principal Act insert—
"(1A) The Authority may, by instrument under its
official seal, delegate to the Director any
power of the Authority under section 4,34(3) or (6), 37, 38, 45, 48(2) or 67.".
_______________
Gaming Acts (Further Amendment) Act 1998
| s. 40 | Act No. 90/1998 |
PART 8—TATTERSALL CONSULTATIONS ACT 1958
40. Declaration of operator
(1) In section 3 of the Tattersall Consultations Act
1958 insert—
' "subsidiary"—
(a) in relation to the promoter, means a body corporate that, if the promoter were a body corporate, would be a subsidiary of the promoter within the
meaning of the Corporations Law (but
not a subsidiary of another such body
corporate);(b) in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Law (but not a subsidiary of another such body corporate); "wholly-owned subsidiary", in relation to the promoter, means a company—
(a)
that is a subsidiary of the promoter or of a body corporate that is a subsidiary of the promoter; and
(b)
none of whose members is a person other than—
(i) the promoter;
(ii) a nominee of the promoter;
(iii) a subsidiary of the promoter, members is a person other than—
(A) the promoter; or
Gaming Acts (Further Amendment) Act 1998
Act No. 90/1998 s. 40 (B) a nominee of the promoter;
(iv) a nominee of such a subsidiary.'.
(2) In sections 5A(1) and (2), 5B(1) and (2)(b) and
5C(1) of the Tattersall Consultations Act 1958, for "wholly owned and controlled by" substitute "a wholly-owned subsidiary of".
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Gaming Acts (Further Amendment) Act 1998
| Notes | Act No. 90/1998 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 22 October 1998
Legislative Council: 17 November 1998
The long title for the Bill for this Act was "to amend the Casino Control
Act 1991, the Casino (Management Agreement) Act 1993, the Club
Keno Act 1993, the Gaming and Betting Act 1994, the Gaming
Machine Control Act 1991, the Gaming No. 2 Act 1997 and the
Tattersall Consultations Act 1958 and for other purposes."
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