Untitled document

Gaming Acts (Amendment) Act 1996

Act No. 17/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—GAMING MACHINE CONTROL ACT 1991 3

3.	Principal Act	3
4.	Definitions	3
5.	New sections 33 and 33A inserted	4
33. Gaming operator's licence	4
33A. Premium payment	4
6.	New section 35A inserted	4
35A. Entitlement of former licensee on grant of new licence	4
7.	New section 36 substituted	6
36. Amendment of conditions	6
8.	New section 38 substituted	6
38. Disciplinary action	6
38A. Cancellation of licence	7
9.	New sections 135A, 135B and 135C inserted	9
135A. Amounts payable by Trustees	9
135B. Determination of net profit by independent expert	11
135C. Manner of payment by Trustees	12
10.	Amendment of section 160	14
11.	Restricted machines	16
12.	Disciplinary action against venue operator	17
13.	Special employee functions	17
14.	Special employees	17
15.	Insertion of new section 53A	17
53A. Return of licence on suspension or cancellation	17
16.	Approval of variations to gaming machines etc.	18
17.	Insertion of new section 75B	19
75B. Approval of electronic monitoring systems	19
18.	Installation of gaming machines	19
19.	Insertion of new section 77A	20
77A. After hours gaming	20

i

Section Page

20.	Delegation	20
21.	Substitution of section 132	21
132. Accounts	21
22.	Statistics	22

PART 3—CASINO CONTROL ACT 1991 23

23.	Principal Act	23
24.	Definitions	23
25.	Meaning of "associate"	23
26.	Disciplinary action	23
27.	Insertion of new section 28A	24
28A. On-going monitoring of associates and others	24
28.	Insertion of new section 54A	26
54A. Return of licence on suspension or cancellation	26
29.	Junkets	26
30.	Exclusion orders	27
31.	Insertion of section 104	27
104. Identification of inspectors	27
32.	Secrecy	27
33.	Regulation-making power	28

PART 4—GAMING AND BETTING ACT 1994 29

34. Statistics 29

PART 5—LOTTERIES GAMING AND BETTING ACT 1966 30

35.	Principal Act	30
36.	Raffles	30
37.	Substitution of section 6AAAA	30
6AAAA. Accounts	30
38.	Lucky envelopes	31
6AC. Accounts and returns	31
39.	Bingo	31

PART 6—RACING ACT 1958 33

40. Repeal of section 116G 33

PART 7—CASINO (MANAGEMENT AGREEMENT) ACT 1993 34

41.	Principal Act	34
42.	Amendment of definitions	34
43.	Insertion of new section 6C	34
6C. Ratification of the third Deed of Variation	34

ii

Section Page

44.	Amendment of section 7	35
45.	Insertion of Schedule 4	35

PART 8—TRANSITIONAL PROVISIONS 42

46. Transitional 42

═══════════════

NOTES 43

iii

Victoria

No. 17 of 1996

Gaming Acts (Amendment) Act 1996†

[Assented to 2 July 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)	to make further provision in relation to gaming operator's licences;
(b)	to provide for the release of Victorian gambling statistics and the release of certain information to a court;

(c) to amend disciplinary action provisions;

Gaming Acts (Amendment) Act 1996

s. 2 Act No. 17/1996

(d) to prohibit gaming at an approved venue after it is closed to the public;

(e) to remove references to restricted machines;

(f)	to require approval of electronic monitoring systems before their use in approved venues;
(g)	to require approval of variations to games and gaming machine types;

(h) to limit oral exclusion orders to 14 days;

(i)  to remove surcharges on raffles, bingo and lucky envelopes;

(j)	to ratify a third deed of variation to the management agreement for the Melbourne Casino;
(k)	to make other miscellaneous amendments to gaming legislation.

2. Commencement

(1) This Act (except Part 5) comes into operation on

the day on which this Act receives the Royal
Assent.

(2) Subject to sub-section (3), Part 5 comes into
operation on a day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 31 December
1996, it comes into operation on that day.

__________________
Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 3

PART 2—GAMING MACHINE CONTROL ACT 1991

No. 53/1991.

3. Principal Act Reprinted to No. 98/1994

In this Part, the Gaming Machine Control Act	and
1991 is called the Principal Act.	subsequently amended by No. 44/1995.

4. Definitions

In section 3(1) of the Principal Act—

(a) Trustees, includes—

after the definition of "operator under the ' "related entity", in relation to the

(a) a body corporate, partnership or trust of which, or in which—

(i)  the Trustees or one or more of the Trustees; or

(ii) or indirect interest as legatee,
beneficiary or otherwise in

a person who holds a direct George Adams; or

(iii)

a person who is a that will and estate—

is a director, partner or trustee or
holds a substantial interest,

whether direct or indirect; and

(b)	a trust of which the Trustees, or one or more of the Trustees, or a person referred to in paragraph (a)
(ii) or (iii) is a beneficiary or discretionary beneficiary;';

Gaming Acts (Amendment) Act 1996

s. 5 Act No. 17/1996

(b) and estate of the late George Adams;'.

after the definition of "tabaret premises" '"Trustees" means the trustees of the will

5. New sections 33 and 33A inserted

For section 33 of the Principal Act substitute—
"33. Gaming operator's licence

(1) Subject to this Act, the Trustees or any other

person may apply to the Authority for a
gaming operator's licence.

(2) A licence granted under this section must not

commence before the expiry, or earlier
termination, of the gaming operator's licence
held by the Trustees immediately before the
commencement of section 5 of the Gaming
Acts (Amendment) Act 1996.

33A. Premium payment

(1) Before a licence is granted under section 33,

the applicant must pay to the Treasurer as
consideration for the grant of the licence the
amount determined by the Treasurer as the
premium payment.

(2) The premium payment is a tax.".

6. New section 35A inserted

After section 35 of the Principal Act insert—

'35A. Entitlement of former licensee on grant of

new licence

(1) If—

(a)

a gaming operator's licence held by a expires; and

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 6

(b)

the Authority grants a gaming the former licensee, or a related entity of the former licensee being a licence that commences within 6 months after that expiry; and

(c) the Authority does not grant a gaming operator's licence before the expiration of that period to the former licensee or a related entity of the former licensee—

the former licensee is entitled to be paid an
amount equal to the licence value of the
licence held by the former licensee or the
premium payment paid by the holder of the
licence referred to in paragraph (b),

whichever is the lesser.

(2) The payment under sub-section (1) must be

commencement of the new licence and the

made not later than 30 days after the extent appropriated accordingly.

(3) In this section, "licence value", in relation to the gaming operator's licence held by the former licensee, means the amount

determined in accordance with the

formula—

$520 000 000 x A

where—

(a)	A is the amount calculated in accordance with the formula—
B . $13 705 000 000

where—

Gaming Acts (Amendment) Act 1996

s. 7	Act No. 17/1996
B is the aggregate sum of the actual daily net cash balance (within the meaning of section 136) of gaming machines of the former licensee for each day from and including 1 January 1995 to and including the last day of the period of the former licence—

but—

(b)	if the amount so calculated is less than 0.25, A is 0.10;
(c)	if the amount so calculated is more than 0.25 and less than 0.45, A is 0.45;
(d)	if the amount so calculated is more than 0.45 but less than 0.85, A is 0.85;
(e)	if the amount so calculated is more than 1.15, A is 1.15.'.

7. New section 36 substituted

For section 36 of the Principal Act substitute—
"36. Amendment of conditions

The conditions of a gaming operator's licence (other than the term) may be amended by the Governor in Council with the consent of the gaming operator.".

8. New section 38 substituted

For section 38 of the Principal Act substitute—
"38. Disciplinary action

(1) If the Authority is satisfied that a gaming operator has committed a breach—

(a) of a condition of the gaming operator's licence; or

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 8

(b) of this Act or the regulations or the Club Keno Act 1993 or of any other law relating to gaming—

the Authority may give notice to the gaming
operator to show cause why the Authority
should not take disciplinary action under this
section.

(2) If the gaming operator, within 7 days or such

longer period as the Authority allows, does
not—

(a)	remedy the breach or cause the breach to be remedied; or
(b)	if the breach cannot be remedied, satisfy the Authority that steps have been taken to ensure a similar breach does not occur again—

the Authority, after giving the gaming operator an opportunity to be heard—

(c) may reprimand the gaming operator; or

(d) may impose a fine on the gaming operator not exceeding $5 000 000.

38A. Cancellation of licence

(1) The Authority, with the consent of the

Minister, may apply to the Supreme Court for cancellation of a gaming operator's licence.

(2) On an application under sub-section (1), the Supreme Court may cancel the licence if it is satisfied—

(a) that the gaming operator—

(i)  has committed a material breach of a term or condition of the licence or of this Act or the

Gaming Acts (Amendment) Act 1996

s. 8 Act No. 17/1996

regulations or the Club Keno Act
1993 or of any other law relating

to gaming; or

(ii)

has persistently committed a gaming operator's licence or of this Act or the regulations or the Club Keno Act 1993 or of any other law relating to gaming—

and that a reprimand or fine is not, in
all the circumstances, a sufficient

sanction; or

(b)	if the gaming operator is not a corporation, that the gaming operator is insolvent; or
(c)	if the gaming operator is a corporation, that on an application under section 459P of the Corporations Law, the Court would be required under section 459C (2) of that Law to presume that the gaming operator is insolvent; or
(d)	externally-administered body corporate

that the gaming operator is an Law; or

(e) convicted of an offence which is of

that the gaming operator has been cancellation of the licence; or

(f) corporate, that the gaming operator is

if the gaming operator is a body Corporations Law of Victoria; or

(g) if the gaming operator is not a body corporate, that the gaming operator

Gaming Acts (Amendment) Act 1996

Act No. 17/1996	s. 9
does not have a principal place of business in Victoria; or

(h) that the gaming operator is not carrying on a significant gaming business in Victoria; or

(i)  that the gaming operator is involved in a scheme or arrangement the purpose, or one of the purposes, of which is the avoidance of tax under Part 9.".

9. New sections 135A, 135B and 135C inserted

After section 135 of the Principal Act insert—

'135A. Amounts payable by Trustees

(1) In respect of the year ending on 30 June

1996, the Trustees must, in accordance with
section 135C, pay to the Treasurer for
payment into the Consolidated Fund the
greater of—

(a) 30% of the Trustees' net profit for that year; and

(b) $35 000 000.

(2) In respect of the year ending on 30 June

1997 and each year ending on a subsequent
30 June up to and including 30 June 2011,
the Trustees must, in accordance with
section 135C, pay to the Treasurer for
payment into the Consolidated Fund the
greater of—

(a) 30% of the Trustees' net profit for that year; and

(b) the lesser of—

(i) an amount calculated in
accordance with the formula—

Gaming Acts (Amendment) Act 1996

s. 9 Act No. 17/1996

$35 000 000 x A

B ; and

(ii)  35% of the Trustees' net profit for that year—

where—

(iii)  A is the All Groups consumer price index for all capital cities in respect of the quarter ended on 30 June of that year first published by the Commonwealth Statistician after that date; and

(iv) price index for all capital cities in
respect of the quarter ended on 30
June 1996 first published by the

B is the All Groups consumer that date.

(3) In respect of the period beginning on 1 July

2011 and ending on 14 April 2012, the
Trustees must, in accordance with section
135C, pay to the Treasurer for payment into
the Consolidated Fund the greater of—

(a) 30% of the Trustees' net profit for that period; and

(b) the lesser of—

(i) an amount calculated in
accordance with the formula—

$35 000 000 x A

B ; and

(ii)

35% of the Trustees' net profit for where—

Gaming Acts (Amendment) Act 1996

Act No. 17/1996	s. 9
(iii)	price index for all capital cities in respect of the quarter ended on 30 June 2012 first published by the

A is the All Groups consumer that date; and

(iv)  B is the All Groups consumer price index for all capital cities in respect of the quarter ended on 30 June 1996 first published by the Commonwealth Statistician after that date.

(4) In this section, "net profit", in relation to a year or period, means the net profit (before deduction of the amounts payable under this

section or section 135B) of the Trustees for
that year or period from the conduct of

gaming as shown in a statement of account—

(a)	prepared in accordance with generally accepted accounting principles; and
(b)	prepared in respect of the conduct of gaming for which financial statements and accounts are required to be kept in accordance with section 132; and
(c)	confirmed by the Auditor-General as fairly presenting the net profit and the results of that conduct of gaming—

or, if the Auditor-General does not, before the date on which a payment is required to be made by the Trustees under section 135C,

confirm the statement of account (including the net profit), the amount determined under section 135B.

135B. Determination of net profit by independent

expert

Gaming Acts (Amendment) Act 1996

s. 9 Act No. 17/1996

(1) If the Treasurer is satisfied that the Auditor- General has not confirmed the statement of account (including the net profit) under

(2) The independent expert must make the	section 135A, the Treasurer may request the of Chartered Accountants in Australia to nominate a person ("the independent expert") to determine the amount of the net profit.
determination within one month after being appointed or any longer period that the Treasurer and the Trustees agree in writing.

(3) The Treasurer, Auditor-General and

Trustees—

(a)	must provide the independent expert with such information as he or she requires and is available; and
(b)	may make submissions to the independent expert.

(4) The reasonable costs of the independent

expert in making the determination must be
paid as to one half by the Treasurer and as to
one half by the Trustees.

(5) Where the net profit is determined by the

independent expert, the Trustees must pay
the amount to which the determination
relates within 10 days after the
determination.

(6) The independent expert, in carrying out the functions under this section does not act as arbitrator.

135C. Manner of payment by Trustees
Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 9

(1) The amount payable by the Trustees under section 135A(1) or (2) in respect of a year must be paid—

(a)	by 4 instalments due on 30 September, 31 December, 31 March and 30 June in that year, each instalment being
calculated in accordance with the formula—

(NP x 30) x 25 ( 100 ) 100 where NP is the Trustees' net profit

(within the meaning of section
135A(4)) in respect of the preceding
year ending on 30 June; and

(b) as to the balance (if any)—

(i) General, having audited the
Trustees' financial statements and
accounts for the year, has issued a
certificate for the purposes of this
section confirming that the
statement of account represents
fairly the net profit and the
Trustees' operations under the

within 28 days after the Auditor- year; or

(ii)

if the net profit is determined by accordance with section 135B(5).

(2) The amount payable by the Trustees under

section 135A (3) in respect of the period
referred to in that sub-section must be paid—

(a) by 4 instalments due on 30 September 2011, 31 December 2011, 31 March 2012 and 14 April 2012, each

Gaming Acts (Amendment) Act 1996

s. 10	Act No. 17/1996
instalment being calculated in accordance with the formula—
(NP x 30 ) x 25 ( 100 ) 100 where NP is the Trustees' net profit
(within the meaning of section 135A(4)) in respect of the year ending on 30 June 2011; and

(b) as to the balance (if any)—

(i) General, having conducted an
audit of a statement of accounts
prepared by the Trustees in
respect of that period, has issued a
certificate for the purposes of this
section confirming that the
statement of accounts represents
fairly the net profit and the
Trustees' operations under the

within 28 days after the Auditor- period; or

(ii)

if the net profit is determined by accordance with section 135B(5).

(3) If the sum of the amounts paid by the

Trustees under sub-section (1)(a) or (2)(a) in respect of a year or the period referred to in section 135A(3), as the case requires, exceeds the amount payable under section 135A in respect of that year or period, the Treasurer must refund to the Trustees the amount of the excess and the Consolidated Fund is hereby to the necessary extent appropriated accordingly.'.

10. Amendment of section 160

Gaming Acts (Amendment) Act 1996
Act No. 17/1996

In section 160(3) of the Principal Act, in the proposed new section 136(3B), for "75 per centum" substitute " 66 2 3 per centum".

Gaming Acts (Amendment) Act 1996

s. 11 Act No. 17/1996

11. Restricted machines

(1) In section 3(1) of the Principal Act omit the definition of "restricted machine".

(2) Section 9 of the Principal Act is repealed.

(3) In section 10(1) of the Principal Act, for

paragraphs (a) and (b) substitute "gaming
equipment that is not authorised under this Act to

be in the premises.".

(4) In section 10(2) of the Principal Act—

(a) omit "or a machine"; and

(b) omit "or machine".

(5) In section 10(3) of the Principal Act—

(a)	omit "or machine" (wherever occurring); and
(b)	for paragraphs (a) and (b) substitute "gaming equipment that is not authorised under this Act to be in the premises,".

(6) In section 10(4) of the Principal Act—

(a) omit "or a machine"; and

(b) omit "or machine".

(7) In section 10(5) of the Principal Act—

(a)	omit "or machine" (wherever occurring); and
(b)	for paragraph (a) substitute— "(a) is not gaming equipment; or".

(8) In section 10(6) of the Principal Act—

(a) omit "or a machine"; and
(b) omit "or machine" (wherever occurring).

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 12

(9) In section 10(7) of the Principal Act omit "or

machine".

12. Disciplinary action against venue operator

(1) In section 30(1) of the Principal Act, in the

definition of "disciplinary action", for "or the
issuing of a letter of censure" substitute ", the
issuing of a letter of censure or the imposition of a
fine not exceeding $50 000".

(2) After section 30(8) of the Principal Act insert— "(9) A fine imposed under this section may be

recovered as a debt due to the State.".

13. Special employee functions

In section 40(2) of the Principal Act, after

"gaming operator" insert "or licensee".

14. Special employees

(1) In section 46(3) of the Principal Act, after

"employment" insert "or at any time when the

approved venue is closed to the public".

(2) After section 46(3) of the Principal Act insert—

"(4) A licensee must not contravene a condition

of his or her licence.
Penalty: 50 penalty units.

(5) If a licensee is found guilty of contravening a

condition of his or her licence by
participating in gaming at any time when the
approved venue is closed to the public,
section 77A(2) and (3) apply as if the
offence had been against section 77A(1).".

15. Insertion of new section 53A

After section 53 of the Principal Act insert—

"53A. Return of licence on suspension or

cancellation

Gaming Acts (Amendment) Act 1996

s. 16 Act No. 17/1996

If the licence of a licensee is suspended or
cancelled, the licensee must return the
licence to the Director within 14 days after
the suspension or cancellation.

Penalty: 20 penalty units.".

16. Approval of variations to gaming machines etc.

In section 69 of the Principal Act, for sub-section
(5) substitute—

"(5) If a gaming machine type is varied in a

material particular from the gaming machine

type approved by the Authority—

(a)	the machine type as varied is not approved under this section; and
(b)	the variation must be approved by the Authority before the machine type as varied may be used.

(5A) If a game is varied in any respect from the game approved by the Authority—

(a)	the game as varied is not approved under this section; and
(b)	the variation must be approved by the Authority before the game as varied may be used.

(5B) The Authority may approve a variation to a gaming machine type or game.

(5C) A gaming operator must not use a gaming

machine type or game which has been varied
in a way that requires approval under this
section unless the Authority has given its
approval to the variation.
Penalty: 100 penalty units.

(5D) A gaming machine type lawfully used for gaming, and a game lawfully used,

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 17

immediately before the commencement of
section 16 of the Gaming Acts
(Amendment) Act 1996 is deemed to be

approved under this section.".

17. Insertion of new section 75B

After section 75A of the Principal Act insert—

"75B. Approval of electronic monitoring systems

(1) A gaming operator must not use an

electronic monitoring system unless it has

been approved by the Authority.

(2) A gaming operator must not use an

electronic monitoring system which has been approved by the Authority.

varied from the system approved by the

(3) The Authority may approve—

(a) an electronic monitoring system; or

(b) a variation to an electronic monitoring system—

for use by a gaming operator.

(4) An electronic monitoring system lawfully

used by a gaming operator immediately
before the commencement of section 17 of
the Gaming Acts (Amendment) Act 1996 is
deemed to be approved under this section.".

18. Installation of gaming machines

In section 77(1A) of the Principal Act, after "function" insert "and must retain the certificate for a period of 12 months immediately following the date of signature".

Gaming Acts (Amendment) Act 1996

s. 19 Act No. 17/1996

19. Insertion of new section 77A

After section 77 of the Principal Act insert—

'77A. After hours gaming

(1) A person must not play a gaming machine in

an approved venue at any time when the
approved venue is closed to the public.
Penalty: 50 penalty units.

(2) If a person is found guilty of an offence against sub-section (1)—

(a)	all winnings (except linked jackpots) paid or payable to the person as a result of the commission of the offence are forfeited to the State; and
(b)

all linked jackpots paid or payable to of the offence are to be returned to the jackpot special prize pool.

(3) Winnings forfeited under sub-section

(2)(a)—

(a)	must be paid into the Consolidated Fund; and
(b)	must be included in the calculation of "daily net cash balance" for the purposes of section 136.'.

20. Delegation

In section 107A of the Principal Act, after sub-
section (2) insert—
"(3) Despite sub-section (1), a power or function

under section 69(5B) or 75B(3) (except paragraph (a)) delegated to the Director under sub-section (1) may be delegated by

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 21

the Director to an officer or member of the

staff of the Authority.".

21. Substitution of section 132

For section 132 of the Principal Act substitute—
'132. Accounts

(1) In this section, "operator" means a venue operator, the holder of a gaming operator's licence under Part 3 or an operator under the

gaming licence.

(2) Each operator must keep accounting records

that correctly record and explain the
transactions and financial position of the
operations of the operator.
Penalty: 50 penalty units.

(3) Each operator must keep the accounting

records in the form required by the Authority and 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: 50 penalty units.

(4) Each operator must, as soon as practicable

after the end of each financial year, prepare
financial statements and accounts
including—

(a)	cash flow statements for the financial year; and
(b)	profit and loss accounts for the financial year; and
(c)	a balance-sheet as at the end of the financial year—

Gaming Acts (Amendment) Act 1996

s. 22 Act No. 17/1996

that give a true and fair view of the financial
operations of the operator.

Penalty: 50 penalty units.'.

22. Statistics

In section 139 of the Principal Act, after sub-section (4) insert—

"(4A) Nothing in this section or any other Act

statistical information with respect to
gambling in Victoria to the Authority or the

applies to prohibit or restrict the giving of information.".

_______________
Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 23

PART 3—CASINO CONTROL ACT 1991

No. 47/1991.

23. Principal Act Reprinted to

In this Part, the Casino Control Act 1991 is	No. 93/1995.
called the Principal Act.

24. Definitions

In section 3(1) of the Principal Act—

(a)	in the definition of "exclusion order", after "written" insert "or oral";
(b)	for the definition of "inspector" substitute— ' "inspector" means a person appointed

under Division 3 of Part 7;'.

25. Meaning of "associate"

In section 4(1) of the Principal Act—

(a)	for "section 9" substitute "sections 9, 20, 28 and 28A";
(b)	after ' "associate" of ' insert "a casino operator or";
(c)	in paragraph (a), before "applicant" insert "operator or";
(d)	in paragraph (b), before "applicant" insert "operator or".

26. Disciplinary action

(1) In section 20(1) of the Principal Act, in the

definition of "grounds for disciplinary action",
after paragraph (d) insert—

"(da) the casino operator has failed to comply with

a direction under section 28A(5) within the
time referred to in that sub-section to
terminate an association with an associate;".

Gaming Acts (Amendment) Act 1996

s. 27 Act No. 17/1996

(2) In section 20(4) of the Principal Act, after

paragraph (b) insert—

"; or

(c) any combination of the sanctions referred to in paragraph (a) or paragraphs (a) and (b).".

(3) After section 20(9) of the Principal Act insert—

"(10) A member of the Authority who has

participated in consideration of disciplinary action is not prevented by that reason alone from considering whether further

disciplinary action should be taken.".

27. Insertion of new section 28A

After section 28 of the Principal Act insert—

"28A. On-going monitoring of associates and

others

(1) The Authority may from time to time investigate—

(a)	an associate, or a person likely to become an associate, of a casino operator; or
(b)	any person, body or association having a business association with a person referred to in paragraph (a).

(2) A casino operator must —

(a)	notify the Authority in writing that a person is likely to become an associate as soon as practicable after the casino operator becomes aware of the likelihood; and
(b)

take all reasonable steps to ensure that a except with the prior approval in writing of the Authority.

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 27

(3) If the Authority, having regard to the matters referred to in sub-section (4), determines that an associate is unsuitable to be concerned in or associated with the business of the casino operator, the Authority may, by notice in

writing, require the associate to terminate the
association with the casino operator.

(4) In particular, the Authority 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 Authority, 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 Authority may, by notice in writing, direct the casino operator to take

all reasonable steps to terminate the
association and the casino operator must
comply with the direction within 14 days or

any longer period agreed with the Authority.

(6) The Authority—

(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

Gaming Acts (Amendment) Act 1996

s. 28 Act No. 17/1996

(b) must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief

Commissioner of Police.".

28. Insertion of new section 54A

After section 54 of the Principal Act insert—

"54A. Return of licence on suspension or

cancellation

If the licence of a licensee is suspended or
cancelled, the licensee must return the
licence to the Director within 14 days after
the suspension or cancellation.

Penalty: 20 penalty units.".

29. Junkets

(1) In section 69 of the Principal Act, before sub- section (1) insert—

"(1AA) A person may not organise or promote a

junket without the approval of the Director
given in accordance with the regulations.

(1AB) The Director must not grant approval to an

organiser or promoter of a junket unless satisfied that the criteria specified in the regulations are met.".

(2) In section 69(2) of the Principal Act—

(a)	in paragraph (a), after "may" insert "be approved to"; and
(b)	after paragraph (a) insert— "(ab) prescribe the procedure for applications

for the approval of the Director; and".

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 30

30. Exclusion orders

In section 72 of the Principal Act, after sub- section (1) insert—

"(1A) An oral order lapses after 14 days.".

31. Insertion of section 104

After section 103 of the Principal Act insert—

"104. Identification of inspectors

(1) An inspector is not authorised to exercise the

functions of an inspector unless he or she is
in possession of an identification card issued
by the Director.

(2) If a person proposing to exercise the

functions of an inspector fails to produce on
demand his or her identification card, the
person is not authorised to exercise those
functions in relation to the person making

the demand.".

32. Secrecy

(1) In section 151(2) of the Principal Act, after

"person" insert "other than a casino operator".

(2) After section 151(2) of the Principal Act insert—

"(2A) A casino operator is not, except for the

purposes of this Act, required to produce or
divulge documents or information that the
casino operator acquires from a prescribed
person.".

(3) In section 151 of the Principal Act, after

sub-section (4) insert—

"(4A) Nothing in this section or any other Act

applies to prohibit or restrict the giving of
statistical information with respect to
gambling in Victoria to the Authority or the

Gaming Acts (Amendment) Act 1996

s. 33 Act No. 17/1996

Minister or the publication of any such information.".

(4) In section 151(6) of the Principal Act, after the

definition of "court" insert—
' "prescribed person", in sub-section (2A),

means the Minister, the Authority or a person performing duties or exercising powers under this Act or the Gaming

Machine Control Act 1991;'.

33. Regulation-making power

In section 167(2) of the Principal Act, after paragraph (c) insert—

"; and

(d) may confer a discretionary authority or impose a duty on the Director.".

_______________
Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 34

PART 4—GAMING AND BETTING ACT 1994

No. 37/1994

34. Statistics as amended
by Nos

In section 127 of the Gaming and Betting Act	98/1994,
1994, after sub-section (4) insert—	42/1995 and 44/1995.

"(4A) Nothing in this section or any other Act

statistical information with respect to
gambling in Victoria to the Authority or the

applies to prohibit or restrict the giving of information.".

_______________
Gaming Acts (Amendment) Act 1996

s. 35 Act No. 17/1996

PART 5—LOTTERIES GAMING AND BETTING ACT 1966

No. 7429.

Reprinted to	35. Principal Act
No. 44/1995.	In this Part, the Lotteries Gaming and Betting Act 1966 is called the Principal Act.

36. Raffles

(1) In section 6(1AA)(e) of the Principal Act, for "fee (if any) prescribed by section 6AAAA" substitute "prescribed fee".

(2) In section 6(1A)(c) of the Principal Act, for "fee

(if any) prescribed by section 6AAAA" substitute
"prescribed fee".

(3) In section 6(7) of the Principal Act, after

paragraph (bb) insert— "(bc) prescribing fees;".

37. Substitution of section 6AAAA

For section 6AAAA of the Principal Act substitute—

"6AAAA. Accounts

(1) The holder of a consent or permit issued

under section 6 must keep accounting records in or to the effect of the form approved by the Director and containing the
prescribed information for a period of 3
years after the completion of the transactions
to which they relate.
Penalty: 20 penalty units.

(2) The holder of a consent or permit issued under section 6—

(a)

must have the accounting records audited within 28 days after the

Gaming Acts (Amendment) Act 1996

Act No. 17/1996	s. 38
conduct of the raffle, or the series of raffles, to which the consent or permit relates; and

(b) must produce the records for inspection on request by a gaming investigator.".

38. Lucky envelopes

For section 6AC of the Principal Act substitute—

"6AC. Accounts and returns

(1) The holder of a permit must keep accounting

records in or to the effect of the form
approved by the Director and containing the
prescribed information for a period of 3
years after the completion of the transactions
to which they relate.
Penalty: 20 penalty units.

(2) The holder of a permit must produce the

accounting records referred to in sub-section
(1) for inspection on request by a gaming
investigator.

(3) The holder of a permit must each 12 months (or, if within that period the person's permit is not renewed, on the expiry of the permit), send to the Board an audited statement in or to the effect of the form approved by the

Director setting out prescribed particulars about the sale of lucky envelopes by the person during the period since the previous statement, or, if there has been no previous statement, during the preceding 12 months.".

39. Bingo

(1) In section 6A of the Principal Act, sub-sections (3) and (9) are repealed.

(2) Section 6D of the Principal Act is repealed.

Gaming Acts (Amendment) Act 1996

s. 39 Act No. 17/1996

(3) In section 6E of the Principal Act—

(a) in sub-section (1), omit paragraph (a);

(b) in sub-section (1)(b), for "in the prescribed form" substitute "in or to the effect of the form approved by the Director";

(c) sub-section (2) is repealed;

(d) in sub-section (3), omit "further";

(e) at the foot of sub-section (4) insert— "Penalty: 20 penalty units.".

(4) In section 6E of the Principal Act, after

sub-section (4) insert—

"(5) A permit holder must produce the records

referred to in sub-section (4) for inspection

on request by a gaming investigator.".

__________________
Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 40

PART 6—RACING ACT 1958

No. 6353.

40. Repeal of section 116G Reprinted to No. 98/1994

Section 116G of the Racing Act 1958 is	and
repealed.	subsequently amended by No. 83/1995.

_______________
Gaming Acts (Amendment) Act 1996

s. 41 Act No. 17/1996

PART 7—CASINO (MANAGEMENT AGREEMENT) ACT 1993

No. 94/1993

as amended	41. Principal Act
by Nos
37/1994,	In this Part, the Casino (Management
93/1994,	Agreement) Act 1993 is called the Principal Act.
44/1995 and
89/1995.	42. Amendment of definitions

In section 4 of the Principal Act—

(a)	in the definition of "the Agreement", after "second Deed of Variation" insert "and the third Deed of Variation";
(b)

after the definition of "the second Deed of '"the third 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 4.'.

43. Insertion of new section 6C

After section 6B of the Principal Act insert—
"6C. Ratification of the third Deed of Variation

(1) The third 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 third Deed of Variation.

(3) A reference in clause 2.2 of the third Deed of Variation to the coming into operation of the Bill is deemed to be a reference to the

commencement of Part 7 of the Gaming
Acts (Amendment) Act 1996.".

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 44

44. Amendment of section 7

In section 7(2) of the Principal Act, after "6B(1)" insert "or 6C(1)".

45. Insertion of Schedule 4

After Schedule 3 to the Principal Act insert—

'SCHEDULE 4

THIRD DEED OF VARIATION TO THE MANAGEMENT

AGREEMENT

MELBOURNE CASINO PROJECT

DEED dated 3 June 1996.

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 with its registered office at Level 1, 99 Queensbridge 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; and
(b)	a deed of variation dated 12 October 1995 ratified by and scheduled to the Casino (Management Agreement) (Further Amendment) Act 1995;

C. The parties have agreed to further vary the Management Agreement as provided in this document.

Gaming Acts (Amendment) Act 1996

s. 45 s. 45 Act No. 17/1996

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	Clause 3 of this document shall come into operation once:

(a)	the Bill referred to in clause 2.1 has come into operation as an Act; and
(b)	the changes to the Drawings referred to in clause 4 have been authorised in writing by the Minister and the period for disallowance under section 16 of the Casino (Management Agreement) Act 1993 has expired without the changes being disallowed.

2.3	Clauses 1, 2, 4, 5, 6 and 7 of this document shall come into operation on the date of this document.
2.4	If the conditions in clause 2.2 are not satisfied by 31 July 1996 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 'Melbourne Casino Complex (excluding the Southern Tower of the Hotel)' in clause 2 shall be deleted;
(b)	the following definitions shall be included in clause 2 in their appropriate alphabetical order:

'Lyric Theatre' means a theatre with at least 1800 seats which is capable of accomodating major theatrical productions, to be constructed by the Company on the

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 45

Site in accordance with the Drawings and this document;

'Melbourne Casino Complex (excluding the Lyric

Theatre and the Southern Tower of the Hotel)' means all of the Melbourne Casino Complex except the Lyric Theatre and the Southern Tower of the Hotel;

(c) the definition of 'Completion' in clause 2 shall be varied by:

(i)  adding the words 'the Lyric Theatre and' after the word 'excluding'; and

(ii)  adding the words 'the Lyric Theatre,' after the words 'the Training and Human Resource Centre,';

(d) the definition of 'Completion Date' in clause 2 shall be varied by:

(i)  adding the words 'the Lyric Theatre and' after the word 'excluding' in paragraph (d); and

(ii) deleting paragraph (e) and substituting:

'(e) in relation to the Lyric Theatre and the

Southern Tower of the Hotel, 30 November
1999 or such later date as is agreed by the

State's Nominated Representative;'

(e) the definition of 'Completion Standards' shall be varied by:

(i)  adding the words 'the Lyric Theatre and' after the word 'excluding'; and

(ii)  adding the words 'the Lyric Theatre,' after the words 'the Training and Human Resource Centre,';

(f) the definition of 'Southern Tower of the Hotel' in clause 2 shall be deleted and the following substituted:

'Southern Tower of the Hotel' means the building to be constructed by the Company comprising not less than 465 hotel rooms and to be located on the Site;';

(g)	the definition of 'Training and Human Resource Centre' in clause 2 shall be deleted and the following substituted:
''Training and Human Resource Centre' means the staff facilities (including training and administration) to be

Gaming Acts (Amendment) Act 1996

s. 45 Act No. 17/1996

incorporated within the building which incorporates

the car park referred to in clause 10.3.';

(h)	the definition of 'Site' in clause 2 shall be varied by deleting 'F3263, V5867 F3264 and V6087 F365 together with' and substituting the following:
'F263, V5867 F264 and V6087 F365, together with such other land within the area bounded by Queensbridge Street, City Road, Clarendon Street and Whiteman Street which the Company shall designate, with the Minister's approval, as available for the construction of any part of the Melbourne Casino Complex and';

(i)   clause 10.1 shall be varied by adding the words 'the Lyric Theatre and' after:

(i) the word 'excluding' in paragraph (c); and

(ii) the word 'Complete' in paragraph (d);

(j) clause 10.3 shall be varied by:

(i)  adding the words 'in accordance with the Drawings and this document' after the word 'construct' in the first sentence; and

(ii)  deleting the words 'of 7 levels above ground' in the first sentence;

(k) clause 10.4 shall be varied:

(i)  by adding the words ',the Lyric Theatre' after the words 'Training and Human Resource Centre' wherever appearing; and

(ii) by adding the words '(including approval of drawings under section 16 of the Casino (Management Agreement) Act 1993)' after the word 'Minister';

(l) clause 15.1 shall be varied by:

(i)  adding the words 'the Lyric Theatre and' after the word 'excluding'; and

(ii)  adding the words 'the Lyric Theatre,' before the second reference to 'the Southern Tower of the Hotel';

(m) the following clause shall be added as clause 15.11:

'15.11 Notwithstanding clause 25.2, the obligation of the

Company to Complete the Lyric Theatre in accordance with this document is not a condition of the Casino Licence and a breach of such obligation

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 45

does not enable the Authority to serve a notice on the
Company pursuant to section 20(2) of the Casino

Control Act.';

(n)	clause 16.1 shall be varied by adding the words 'the Lyric Theatre and' after the word 'excluding';
(o)	clause 16.3 shall be varied by adding the word 'the Lyric Theatre and' after the word 'excluding';

(p) clause 17.1 shall be varied by:

(i)  adding the words 'the Lyric Theatre and' after the word 'excluding' in paragraph (c);

(ii)  deleting the comma at the end of paragraph (c) and substituting '; and'; and

(iii) adding the following as paragraph (d):

'(d) the Lyric Theatre and the Southern Tower of the Hotel by the Completion Date,';

(q) clause 17.2 shall be varied by:

(i)  adding the words 'the Lyric Theatre and' after the word 'excluding' wherever appearing;

(ii) deleting 'or' after paragraph (b);

(iii)   deleting the full stop at the end of paragraph (c) and substituting '; or'; and

(iv) adding the following as paragraph (d):

'(d) in the event that both the Lyric Theatre and the Southern Tower of the Hotel are not Completed and open for business by the Completion Date

(as varied by any Force Majeure Event
pursuant to clause 16.3), at the rate of $50,000
for each day from that date to the date that both
the Lyric Theatre and the Southern Tower of
the Hotel are Complete and open for business.';

and

(r) clause 17.3 shall be varied in paragraph (a) by:

(i)  adding the words 'the Lyric Theatre and' after the word 'excluding'; and

(ii)  adding the words 'or the Lyric Theatre and the Southern Tower of the Hotel' after the words 'Southern Tower of the Hotel)'.

Gaming Acts (Amendment) Act 1996

s. 45 Act No. 17/1996

4.               Drawings

The parties acknowledge that the Company has submitted to the
Minister for authorisation by the Minister and tabling in
Parliament in accordance with the Casino (Management
Agreement) Act 1993 drawings incorporating changes to the
Drawings of the Melbourne Casino Complex.

5.               Force Majeure Event

The Company acknowledges that none of the negotiation, preparation and execution of this document, its ratification under clause 2, the approval of changes in the Drawings under clause 4 and their tabling in Parliament in accordance with the Casino (Management Agreement) Act 1993 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 Melbourne Casino is not Completed and open for business by the Completion Date; and
(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 )

Gaming Acts (Amendment) Act 1996

Act No. 17/1996 s. 45

and on behalf of the State of ) ROGER M HALLAM

Victoria in the presence of )

TIMOTHY P. HENDER

Signature of witness

THE COMMON SEAL of CROWN ) articles of association in the presence of )

ANTHONY SEYFORT LLOYD JOHN WILLIAMS

Secretary Director '.

_______________
Gaming Acts (Amendment) Act 1996

s. 46 Act No. 17/1996

PART 8—TRANSITIONAL PROVISIONS

46. Transitional

(1) The Gaming Machine Control Act 1991 as amended by section 22 of this Act applies to statistical information in respect of any period,

whether before or after the commencement of
Part 2.

(2) The Casino Control Act 1991 as amended by section 32 of this Act applies—

(a)	to statistical information in respect of any period, whether before or after the commencement of Part 3; and
(b)	in relation to any documents and information acquired by a casino operator, whether acquired before or after the commencement of Part 3.

(3) The Gaming and Betting Act 1994 as amended

by section 34 of this Act applies to statistical information in respect of any period, whether before or after the commencement of Part 4.

(4) The Lotteries Gaming and Betting Act 1966 as

amended by section 36 of this Act applies to
applications for a consent or permit under section
6 of the Lotteries Gaming and Betting Act 1966
lodged with the Board after the commencement of
section 36.

═══════════════
Gaming Acts (Amendment) Act 1996

Act No. 17/1996 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 4 June 1996

Legislative Council: 20 June 1996

The long title for the Bill for this Act was "to make miscellaneous
amendments to the Gaming Machine Control Act 1991, the Casino
Control Act 1991, the Gaming and Betting Act 1994, the Lotteries
Gaming and Betting Act 1966, the Racing Act 1958 and the Casino
(Management Agreement) Act 1993 and for other purposes."