Untitled document
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendments to the Gambling Regulation Act 2003
Division 1—Miscellaneous amendments
3Definitions
4Possession of gaming machines may be authorised
5Conduct of gaming
6Authority conferred by gaming operator's licence
7New section 3.4.5 substituted
3.4.5Authority conferred by listing on the Roll
8Authority conferred by listing on the Roll
9Matters to be considered in determining applications
10Register of venue operators and approved venues
11New section 3.4.13A inserted
3.4.13AVenue operator to give Commission certain
information about where gaming will be conducted under gaming machine entitlements
12Disciplinary action against venue operator
13Limitation of monitoring licensee's civil liability
14Minister may determine certain damages that must be included
in related agreements15Arrangements with former licensee
16Further provisions for temporary licence
17Appointment of a monitoring services provider if monitoring licences not granted
18Appointment of a monitoring services provider after monitoring licence suspended or cancelled
19The Roll
20Amendments relating to the Roll—Post new industry arrangements
21Application to be listed on the Roll
22Determination of applications
23Disciplinary action
24Gaming machine entitlements may authorise preparatory
action25New section 3.5.7A inserted
3.5.7ALinked jackpot arrangements unlawful without
approval
26New sections 3.5.7B and 3.5.7C inserted
3.5.7BApproval of linked jackpot arrangements
3.5.7CWithdrawal of approval
27Testing of electronic monitoring system
28Approval of electronic monitoring systems
29New section 3.5.17C inserted
3.5.17COffence to interfere with an electronic monitoring system
30Directions to gaming operator to provide information etc.
31Directions to monitoring licensee to provide information etc.
32New Part 8 of Chapter 3 inserted
Part 8—Legacy Monitoring Systems
Division 1—Preliminary
3.8.1Definitions
3.8.2Meaning of legacy monitoring system
3.8.3Meaning of specified monitoring system information
3.8.4Authorised persons
Division 2—Information gathering powers
3.8.5Minister may direct legacy monitoring system owners
to provide information and documents
Division 3—Due diligence powers
3.8.6Access notice
3.8.7Access powers
3.8.8What can the Minister or authorised person do after service of access notice?
3.8.9Specified persons must give information to Minister
or authorised persons3.8.10Direction to provide reasonable assistance
3.8.11Offences relating to obstruction of Minister or
authorised persons
Division 4—Other matters
3.8.12No compensation payable
3.8.13Compliance with certain directions is not a breach of contract, breach of confidence or any other civil wrong
33Determination for application for registration as bookmaker's
key employee34Conditions of registration
35New sections 4.5A.14A and 4.5A.14B inserted
4.5A.14ASuspension of a bookmaker's registration pending criminal proceedings
4.5A.14BSuspension of a bookmaker's key employee's registration pending criminal proceedings
36Review by VCAT of registrations as bookmaker or
bookmaker's key employee37Supervision of public lottery draws by Commission's representative
38New section 5.7.17 inserted
5.7.17Change in situation of permit holder
39Application for minor gaming permit
40Determination of application
41Change in situation of person or associate
42Publication of Review Panel reports
43Statute law revision
Division 2—Prohibition on lobbying
Subdivision 1—Monitoring licence
44Definitions
45Application for monitoring licence
46Prohibition on improper interference
47New section 3.4.45A inserted
3.4.45AProhibition on lobbying in relation to grant of application
48Amendment of licence
49New section 3.4.59CA inserted
3.4.59CAProhibition on lobbying for amendment of licence
50Secretary may require further information
Subdivision 2—Wagering and betting licence
51New Division 1AA of Part 3A of Chapter 4 inserted
Division 1AA—Interpretation
4.3A.1AADefinitions
52Registration of interest
53Application for licence
54Prohibition on improper interference
55New section 4.3A.7B inserted
4.3A.7BProhibition on lobbying in relation to grant of application
56Amendment of licence
57New section 4.3A.23A inserted
4.3A.23AProhibition on lobbying for amendment of licence
Subdivision 3—Public lottery licences
58New Division 1AA of Part 3 of Chapter 5 inserted
Division 1AA—Interpretation
5.3.1AADefinitions
59New sections 5.3.5A and 5.3.5B inserted
5.3.5AProhibition on improper interference
5.3.5BProhibition on lobbying in relation to grant of application
60Amendment of licence
61New section 5.3.19A inserted
5.3.19AProhibition on lobbying for amendment of licence
Subdivision 4—Keno licence
62New Division 1AA of Part 3 of Chapter 6A inserted
Division 1AA—Interpretation
6A.3.1AADefinitions
63Registration of interest
64Application for licence
65Prohibition on improper interference
66New section 6A.3.7B inserted
6A.3.7BProhibition on lobbying in relation to grant of application
67Amendment of licence
68New section 6A.3.23A inserted
6A.3.23AProhibition on lobbying for amendment of licence
Part 3—Amendments to the Gambling Regulation Further Amendment Act 2009
69Possession of gaming machines may be authorised
8Possession of gaming machines may be authorised
70Repeal of redundant provision
71Statute law revision
Part 4—Amendments to the Gambling Regulation Amendment (Licensing) Act 2009
72Review of approvals
73Statute law revision
Part 5—Amendment to the Liquor Control
Reform Act 1998
74Betting on licensed premises
Part 6—Repeal of Amending Act
75Repeal of Act
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Endnotes
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
[Assented to 8 November 2011]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is—
(a)to amend the Gambling Regulation Act 2003, the Gambling Regulation Further Amendment Act 2009, the Gambling Regulation Amendment (Licensing) Act 2009 and the Liquor Control Reform Act 1998 to make further provision in respect of regulatory arrangements for gaming machine entitlements and the monitoring, wagering and betting and keno licences; and
(b)to amend the Gambling Regulation Act 2003—
(i)to prohibit lobbying in respect of the award and amendment of certain gambling licences; and
(ii)to make further provision for the implementation of the new monitoring arrangements by 16 August 2012 by—
(A)conferring certain powers on the Minister and persons authorised by the Minister to obtain information relating to the monitoring systems used by the gaming operators and their ownership; and
(B)conferring on the Minister, and persons authorised by the Minister, powers to access monitoring systems used by gaming operators and information and documents relating to those monitoring systems; and
(iii)to empower the Commission to suspend the registration of a bookmaker or a bookmaker's key employee if the Commission is satisfied that the bookmaker or key employee has been charged with certain offences, including offences against the Racing Act 1958, indictable offences and offences involving fraud or dishonesty; and
(iv)to not require the conduct of public lotteries determined by a random number generator to be supervised by a person nominated by the Commission; and
(c)to make other amendments to the Gambling Regulation Act 2003, the Gambling Regulation Further Amendment Act 2009 and the Gambling Regulation Amendment (Licensing) Act 2009 to improve the operation of the Gambling Regulation Act 2003.
2Commencement
(1)Part 1 and sections 3, 13 to 18, 23, 24, 30, 31, 32, 38, 41, 43, 71 to 73 and 75 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 November 2012, it comes into operation on that day.
__________________
Part 2—Amendments to the Gambling Regulation Act 2003
Division 1—Miscellaneous amendments
3Definitions
(1)In section 1.3(1) of the Gambling Regulation Act 2003, in the definition of gambling industry participant—
(a)in paragraph (m), for "Roll;" substitute "Roll; or";
(b)after paragraph (m) insert—
"(n)a relevant applicant, invitee or registrant;".
(2)In section 1.3(1) of the Gambling Regulation Act 2003 insert the following definition—
"relevant applicant, invitee or registrant means—
(a)a person the Minister has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42; or
(b)a person the Minister is considering to invite to apply for the monitoring licence under section 3.4.40; or
(c)a person who registers an interest in the grant of the wagering and betting licence, a public lottery licence or the keno licence; or
(d)an applicant for the monitoring licence, the wagering and betting licence, a public lottery licence or the keno licence;".
(3)After section 1.3(2) of the Gambling Regulation Act 2003 insert—
"(2A)A reference to a person listed on the Roll is to be read as a reference to the person being listed in the appropriate division of the Roll as determined by the Commission on the granting of that person's application under section 3.4.63.".
4Possession of gaming machines may be authorised
(1)After section 3.2.2(2) of the Gambling Regulation Act 2003 insert—
"(2B)The Commission may authorise, in writing, a venue operator to be in possession of, or sell or dispose of, gaming equipment after a relevant event.
(2C)The Commission may give an authorisation under subsection (2B) only if the gaming equipment was acquired while the venue operator held a gaming machine entitlement.".
(2)In section 3.2.2(3) of the Gambling Regulation Act 2003, for "or (2)" substitute ", (2) or (2B)".
(3)After section 3.2.2(4) of the Gambling Regulation Act 2003 insert—
"(5)In this section—
relevant event, for a venue operator, means—
(a)the forfeiture, under Division 6, 7, 8 or 8A of Part 4A, of all gaming machine entitlements held by the operator; or
(b)the transfer, under Division 5 of Part 4A, of all gaming machine entitlements held by the operator to another venue operator; or
(c)the sale, under Division 5A of Part 4A, of all gaming machine entitlements held by the operator.".
5Conduct of gaming
In section 3.1.4(1)(a) of the Gambling Regulation Act 2003, after "equipment" insert
", and the doing of those things under a linked jackpot arrangement".
6Authority conferred by gaming operator's licence
In section 3.4.2 of the Gambling Regulation Act 2003—
(a)after paragraph (a) insert—
"(ab)with the approval of the Commission, to obtain approved gaming machines and restricted components from the other gaming operator; and";
(b)for paragraph (e) substitute—
"(e)with the approval of the Commission—
(i)to sell or dispose of gaming equipment, including to the other gaming operator;
(ii)to supply approved gaming machines and restricted components to the other gaming operator;".
7New section 3.4.5 substituted
For section 3.4.5 of the Gambling Regulation Act 2003 substitute—
3.4.5Authority conferred by listing on the Roll"
A person whose name is listed on the Roll is authorised, subject to this Act, to do any one or more of the following things as specified in the Commission's determination under section 3.4.63 granting that person's application for listing and subject to any conditions to which that listing is subject—
(a)if the person is listed in the division of the Roll for manufacturers—
(i)manufacture, sell or supply approved gaming machines (including obtaining restricted components for the purpose of manufacturing approved gaming machines);
(ii)manufacture, sell or supply restricted components;
(iii)a prescribed activity;
(b)if the person is listed in the division of the Roll for suppliers—
(i)sell or supply approved gaming machines;
(ii)sell or supply restricted components;
(iii)obtain or acquire approved gaming machines or restricted components;
(iv)a prescribed activity;
(c)if the person is listed in the division of the Roll for suppliers of testing services—
(i)enter into arrangements with venue operators to service, repair or maintain gaming equipment through the services of a person holding a gaming industry employee's licence;
(ii)enter into arrangements with gaming operators to service, repair or maintain gaming equipment through the services of persons holding a gaming industry employee's licence;
(iii)enter into arrangements with manufacturers or suppliers of gaming equipment or games or gaming operators to test gaming equipment or games for the purposes of the issue of certificates referred to in section 3.5.4, 3.5.5 or 3.5.13;
(iv)enter into arrangements with persons seeking approval of gaming equipment (within the meaning of the Casino Control Act 1991) to test the equipment for the purposes of the issue of certificates referred to in section 62 of that Act;
(v)enter into arrangements with the holder of the wagering licence, the wagering operator, the wagering and betting licensee or the holder of an on-course wagering permit to test instruments, contrivances, hardware, software or equipment referred to in section 4.2.3 for the purposes of the issue of certificates referred to in that section;
(vi)enter into arrangements with the monitoring licensee, the holder of a public lottery licence or the keno licensee to test instruments, contrivances, hardware, software or equipment referred to in section 3.5.13, 5.2.1A or 6A.2.5 for the purposes of the issue of certificates referred to in those sections;
(vii)enter into arrangements with a licensed provider to test interactive gaming equipment for the purposes of the issue of certificates referred to in section 7.4.4;
(viii)a prescribed activity.".
8Authority conferred by listing on the Roll
(1)In section 3.4.5(a)(i) and (ii) of the Gambling Regulation Act 2003, for "restricted components" substitute "restricted gaming components or restricted monitoring components".
(2)In section 3.4.5(b)(ii) and (iii) of the Gambling Regulation Act 2003, for "restricted components" substitute "restricted gaming components or restricted monitoring components".
(3)In section 3.4.5(c)(ii) of the Gambling Regulation Act 2003, after "gaming equipment" insert "or monitoring equipment".
(4)In section 3.4.5(c)(iii) of the Gambling Regulation Act 2003, for "or games" (where twice occurring) substitute ", monitoring equipment or games".
9Matters to be considered in determining applications
After section 3.4.11(2)(a) of the Gambling Regulation Act 2003 insert—
"(ab)the applicant is of sound and stable financial background; and".
10Register of venue operators and approved venues
For section 3.4.13(2)(g) of the Gambling Regulation Act 2003 substitute—
"(g)in respect of each gaming machine entitlement held by the venue operator—
(i)details that identify the gaming machine entitlement (including the identification number of the gaming machine entitlement); and
(ii)information as to whether the gaming machine entitlement is being used to conduct gaming on a gaming machine; and
(iii)if the gaming machine entitlement is being used to conduct gaming on a gaming machine, the name of the approved venue at which the gaming is being conducted.".
11New section 3.4.13A inserted
After section 3.4.13 of the Gambling Regulation Act 2003 insert—
3.4.13AVenue operator to give Commission certain information about where gaming will be conducted under gaming machine entitlements"
A venue operator must give notice to the Commission of the following information before conducting gaming under a gaming machine entitlement—
(a)the number of gaming machine entitlements under which the operator will conduct gaming on gaming machines and the identification numbers of those gaming machine entitlements;
(b)the name of the approved venue at which that gaming will be conducted under each of those gaming machine entitlements.
Penalty:120 penalty units.".
12Disciplinary action against venue operator
In section 3.4.25(1) of the Gambling Regulation Act 2003, in the definition of grounds for disciplinary action, after paragraph (a) insert—
"(ab)that the venue operator has failed to provide information that the venue operator is required by this Act to provide or has provided information knowing it to be false or misleading;".
13Limitation of monitoring licensee's civil liability
For section 3.4.48C(1) of the Gambling Regulation Act 2003 substitute—
"(1)Except as provided under an agreement referred to in section 3.4.48 or 3.4.48A, the monitoring licensee does not incur any liability for an act or omission in the provision of monitoring services that causes a gaming machine not to operate.".
14Minister may determine certain damages that must be included in related agreements
(1)In section 3.4.48E(2)(a) of the Gambling Regulation Act 2003, after "specified condition" insert "or for specified acts or omissions in the provision of monitoring services that cause a gaming machine not to operate".
(2)In section 3.4.48E(2)(b) of the Gambling Regulation Act 2003—
(a)after "specified person" insert "or specified class of person";
(b)after "specified condition" insert "or for specified acts or omissions in the provision of monitoring services that cause a gaming machine not to operate".
15Arrangements with former licensee
In section 3.4.59K(4) of the Gambling Regulation Act 2003, in paragraph (a) of the definition of former licensee, for "cancellation, suspension or surrender" substitute "cancellation or suspension".
16Further provisions for temporary licence
In section 3.4.59L(4) of the Gambling Regulation Act 2003, for "cancelled, suspended or surrendered" substitute "cancelled or suspended".
17Appointment of a monitoring services provider if monitoring licences not granted
(1)In section 3.4.59LF(2) of the Gambling Regulation Act 2003, after "person" insert
"or persons".
(2)For section 3.4.59LF(3) of the Gambling Regulation Act 2003 substitute—
"(3)On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person or persons as a monitoring services provider or providers for the purposes of this section.".
(3)For section 3.4.59LF(9) of the Gambling Regulation Act 2003 substitute—
"(9)If the appointment of a monitoring services provider is terminated, the monitoring services provider ceases to be taken to have the functions and powers of the monitoring licensee.".
18Appointment of a monitoring services provider after monitoring licence suspended or cancelled
(1)In the heading to section 3.4.59LG of the Gambling Regulation Act 2003, for "suspended, cancelled or surrendered" substitute "suspended or cancelled".
(2)In section 3.4.59LG(1)(a) of the Gambling Regulation Act 2003, for "suspended, cancelled or surrendered" substitute "suspended or cancelled".
(3)In section 3.4.59LG(2) of the Gambling Regulation Act 2003, after "person" insert
"or persons".
(4)For section 3.4.59LG(3) of the Gambling Regulation Act 2003 substitute—
"(3)On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person or persons as a monitoring services provider or providers for the purposes of this section.".
(5)In section 3.4.59LG(7)(b) of the Gambling Regulation Act 2003 omit "or surrendered".
(6)Section 3.4.59LG(8)(a) of the Gambling Regulation Act 2003 is repealed.
(7)Section 3.4.59LG(9)(a) of the Gambling Regulation Act 2003 is repealed.
(8)For section 3.4.59LG(10) of the Gambling Regulation Act 2003 substitute—
"(10)In this section, monitoring licensee includes the person whose monitoring licence was suspended or cancelled immediately before the appointment of a monitoring services provider or providers.".
19The Roll
At the end of section 3.4.60 of the Gambling Regulation Act 2003 insert—
"(2)The Roll must be divided into the following divisions—
(a)manufacturers of gaming machines and restricted components;
(b)suppliers of gaming machines and restricted components;
(c)suppliers of testing services.".
20Amendments relating to the Roll—Post new industry arrangements
In section 3.4.60(2)(a) and (b) of the Gambling Regulation Act 2003, for "and restricted components" substitute ", restricted gaming components and restricted monitoring components".
21Application to be listed on the Roll
After section 3.4.61(2)(a) of the Gambling Regulation Act 2003 insert—
"(ab)specify the division of the Roll in which the applicant wishes to be listed; and".
22Determination of applications
(1)After 3.4.63(2) of the Gambling Regulation Act 2003 insert—
"(2A)If the Commission grants an application, the Commission must list the person in the Roll in the appropriate division.".
(2)After section 3.4.63(3) of the Gambling Regulation Act 2003 insert—
"(3A)In addition, in determining whether or not to grant an application, the Commission must also consider any prescribed matters.".
(3)In section 3.4.63(4) of the Gambling Regulation Act 2003—
(a)in paragraph (b), for "Roll." substitute "Roll; and";
(b)after paragraph (b) insert—
"(c)Part 2A.".
23Disciplinary action
In section 3.4.65(1) of the Gambling Regulation Act 2003, in paragraph (b) of the definition of grounds for disciplinary action, for
"section 3.8.1" substitute "section 10.4A.4".
24Gaming machine entitlements may authorise preparatory action
(1)In section 3.4A.9(2) of the Gambling Regulation Act 2003, for "The" substitute "Subject to subsection (2A), the".
(2)After section 3.4A.9(2) of the Gambling Regulation Act 2003 insert—
"(2A)However, a venue operator cannot take the preparatory action of selling approved gaming machines or gaming equipment acquired for the purpose of use in an approved venue operated by the operator unless the operator has approval of the Commission to do so.".
(3)In section 3.4A.9(6) of the Gambling Regulation Act 2003, in the definition of preparatory action—
(a)after paragraph (ab) insert—
"(ac)selling or disposing of approved gaming machines or gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator;
(ad)making an application under section 3.5.7B;";
(b)in paragraph (b), for "or (ab)" substitute
", (ab), (ac) or (ad)".
25New section 3.5.7A inserted
After section 3.5.7 of the Gambling Regulation Act 2003 insert—
3.5.7ALinked jackpot arrangements unlawful without approval"
(1)A venue operator must not conduct gaming through a linked jackpot arrangement that is not approved by the Commission.
Penalty:1200 penalty units.
(2)A venue operator must not conduct gaming through a linked jackpot arrangement which has been varied and that variation is not approved by the Commission.
Penalty:1200 penalty units.".
26New sections 3.5.7B and 3.5.7C inserted
Before section 3.5.8 of the Gambling Regulation Act 2003 insert—
3.5.7BApproval of linked jackpot arrangements"
(1)A venue operator may apply to the Commission for the approval of—
(a)a linked jackpot arrangement through which the operator intends to conduct gaming on or at any time after the new arrangements day; or
(b)a variation to a linked jackpot arrangement through which the operator conducts gaming on or at any time after the new arrangements day.
(2)An application under subsection (1) must—
(a)be in writing; and
(b)be accompanied by the prescribed fee (if any); and
(c)list every venue operator which intends to conduct gaming through the linked jackpot arrangement that is—
(i)being sought to be approved; or
(ii)being sought to be varied.
(3)The Commission may require a venue operator who makes an application under subsection (1) to provide any additional information or material that the Commission considers necessary for the purposes of making its decision under this section.
(4)On receiving an application under subsection (1), the Commission may approve—
(a)a linked jackpot arrangement; or
(b)a variation to a linked jackpot arrangement.
(5)In making a decision under subsection (4), the Commission must have regard to—
(a)player return, game fairness and security and responsible gambling; and
(b)the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c); and
(c)any standards in force under section 10.1.5B; and
(d)any operational requirements determined by the Commission under section 10.1.5C.
(6)The Commission must notify, in writing, every venue operator listed in the application under subsection (1) of its approval.
(7)If the Commission approves a linked jackpot arrangement or a variation to a linked jackpot arrangement before the new arrangements day, that approval cannot take effect until that day.
(8)An approval under this section is subject to any conditions imposed by the Commission.
(9)In this section new arrangements day means the first gaming machine entitlement declared day.
3.5.7CWithdrawal of approval
(1)The Commission, by written notice, may withdraw the approval of a linked jackpot arrangement or a variation to a linked jackpot arrangement if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of gaming.
(2)If approval is withdrawn under subsection (1), the Commission must allow a venue operator a reasonable time within which to stop the conduct of gaming through the linked jackpot arrangement.
(3)However, in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest, the Commission is not required to give any time within which conduct of gaming through the linked jackpot arrangement must be stopped.
(4)A notice under subsection (1) must—
(a)be given to every venue operator conducting gaming through the linked jackpot arrangement to which the approval related; and
(b)specify the day on which, or time at which, the linked jackpot arrangement must be stopped.
(5)A withdrawal of an approval takes effect on the day, or at the time, specified in a notice under subsection (1).
(6)A day that is specified in a notice under subsection (1) may be the day of the notice in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest.
(7)A time that is specified in a notice under subsection (1) may be a time falling on the day of the notice in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest.".
27Testing of electronic monitoring system
After section 3.5.12(2) of the Gambling Regulation Act 2003 insert—
"(2A)The Commission, in approving an electronic monitoring system, or a variation to an electronic monitoring system under section 3.5.13, may require the monitoring licensee to engage a person listed on the Roll who is accredited by the Commission to test an electronic monitoring system to—
(a)test the electronic monitoring system or the variation to the electronic monitoring system; and
(b)make recommendations to the Commission on aspects of the electronic monitoring system or the variation to the electronic monitoring system, if the Commission requires.
(2B)If the Commission requires the monitoring licensee to engage a person to test and make recommendations about an electronic monitoring system or a variation to an electronic monitoring system under this section, the monitoring licensee must provide the Commission with the results of any tests conducted and the recommendations.".
28Approval of electronic monitoring systems
(1)After section 3.5.13(3) of the Gambling Regulation Act 2003 insert—
"(3AA)The Commission may require the monitoring licensee to provide any additional information or material that the Commission considers necessary to decide whether to make an approval under subsection (3).
(3AB)Additional information or material under subsection (3AA) includes the results of any tests conducted, or recommendations made, by a person listed on the Roll who is accredited by the Commission to test monitoring equipment.".
(2)After section 3.5.13(4) of the Gambling Regulation Act 2003 insert—
"(4A)The Commission, in approving an electronic monitoring system or in approving a variation to an electronic monitoring system, may take into account additional information or material provided to the Commission under subsection (3AA).".
29New section 3.5.17C inserted
After section 3.5.17B of the Gambling Regulation Act 2003 insert—
3.5.17COffence to interfere with an electronic monitoring system"
A person must not—
(a)be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with monitoring equipment; or
(b)do any act or thing calculated, or likely, to improperly interfere with monitoring equipment.
Penalty:1200 penalty units or imprisonment for 2 years or both.".
30Directions to gaming operator to provide information etc.
After section 3.7.6A(3)(a) of the Gambling Regulation Act 2003 insert—
"(ab)a pending applicant (within the meaning of section 3.4.41A(2)); and".
31Directions to monitoring licensee to provide information etc.
After section 3.7.6B(3)(a) of the Gambling Regulation Act 2003 insert—
"(ab)a pending applicant (within the meaning of section 3.4.41A(2)); and".
32New Part 8 of Chapter 3 inserted
After Part 7 of Chapter 3 of the Gambling Regulation Act 2003 insert—
Part 8—Legacy Monitoring Systems"
Division 1—Preliminary
3.8.1Definitions
In this Part—
access notice means a notice under section 3.8.6(1);
authorised person means a person authorised under section 3.8.4;
legacy monitoring system, of a gaming operator, has the meaning given by section 3.8.2;
legacy system owner means a person who owns or has any rights or powers in respect of, or interests in, a legacy monitoring system;
monitoring services provider has the same meaning as in section 3.4.38;
preparatory action means preparatory action taken in accordance with section 3.4.52;
served person means a person served an access notice;
specified monitoring system information has the meaning given by section 3.8.3.
3.8.2Meaning of legacy monitoring system
(1)For the purposes of this Part, a legacy monitoring system means any monitoring equipment, and any other equipment, and related software used by a gaming operator for the purpose of monitoring the security, accounting or operation of gaming equipment.
(2)Without limiting subsection (1), a legacy monitoring system includes—
(a)modifications or enhancements to that system; and
(b)gaming machine communication protocols; and
(c)any associated rights, licences and authorisations, and written technical specifications needed to operate the system.
(3)Without limiting subsection (1) or (2)(a) or (b), a legacy monitoring system includes a part of a thing mentioned in those subsections.
(4)To avoid doubt, a legacy monitoring system or a part of a legacy monitoring system referred to in this section need not be owned by the gaming operator.
3.8.3Meaning of specified monitoring system information
(1)For the purposes of this Part, specified monitoring system information means information about a legacy monitoring system.
(2)Without limiting subsection (1), specified monitoring system information includes—
(a)information about who owns or has any rights or powers in respect of, or interests in, a legacy monitoring system;
(b)information about the day to day operations of a gaming operator in monitoring the security, accounting or operation of gaming equipment, including how the gaming operator carries out that monitoring and what is used to carry out that monitoring;
(c)contractual arrangements, or information about other arrangements, with other persons under which those persons provide goods or services to enable a gaming operator to monitor the security, accounting or operation of gaming equipment in accordance with the operator's licence.
3.8.4Authorised persons
The Minister may, by instrument, for the purposes of this Part—
(a)appoint a person as an authorised person; or
(b)appoint a class of persons as authorised persons.
Division 2—Information gathering powers
3.8.5Minister may direct legacy monitoring system owners to provide information and documents
(1)The Minister may give a person who the Minister reasonably believes is a legacy monitoring system owner a written direction to provide to the Minister any information or document, or any class of information or document, that—
(a)is in the possession or under the control of the person; and
(b)in the opinion of the Minister—
(i)may assist in, or facilitate, the carrying out of preparatory action or monitoring activities by the monitoring licensee or the provision of monitoring services by a monitoring services provider; or
(ii)may identify the legacy monitoring system; or
(iii)may identify the owner of a part of the legacy monitoring system; or
(iv)may verify or confirm the accuracy of any information held by the Minister relating to the legacy monitoring system or monitoring activities carried out by a gaming operator.
(2)A person given a direction under subsection (1) must comply with the direction unless the person has a reasonable excuse.
Penalty:100 penalty units.
(3)The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to any one or more of the following—
(a)the Commission;
(b)the monitoring licensee;
(c)a monitoring services provider;
(d)another person if the Minister is of the opinion that it is in the public interest to do so.
Division 3—Due diligence powers
3.8.6Access notice
(1)The Minister may serve on a person who the Minister reasonably believes is a legacy system owner a notice requiring the person to give the Minister, or an authorised person, access to either or both of the following—
(a)a legacy monitoring system used by the gaming operator;
(b)specified monitoring system information.
(2)The Minister may serve an access notice only if the Minister reasonably believes that it is necessary for the purpose of assisting, or facilitating—
(a)the carrying out of preparatory action or monitoring activities by the monitoring licensee; or
(b)the provision of monitoring services by a monitoring services provider.
(3)An access notice must—
(a)specify the purpose of the service of the notice; and
(b)if the notice requires access to be given to an authorised person, the name of that person; and
(c)include a copy of this Part.
3.8.7Access powers
On being served an access notice, a served person must give the Minister or an authorised person and any assistants that the Minister or authorised person considers necessary, or must ensure those persons are given, free and unfettered access at all times to—
(a)business premises occupied by—
(i)the served person; and
(ii)if the served person is a gaming operator, every associate of that operator who is not a legacy system owner; and
(b)a legacy monitoring system; and
(c)any other asset, equipment or software used for or in connection with the carrying out of monitoring activities under a gaming operator's licence that is in the possession or control of—
(i)the served person; and
(ii)if the served person is a gaming operator, every associate of that operator who is not a legacy system owner; and
(d)any document containing specified monitoring system information that is in the possession or control of—
(i)the served person; and
(ii)if the served person is a gaming operator, every associate of that operator who is not a legacy system owner.
Penalty:100 penalty units.
3.8.8What can the Minister or authorised person do after service of access notice?
On serving an access notice, the Minister or an authorised person, and any assistants that the Minister or authorised person considers necessary, may do any one or more of the following—
(a)bring onto the business premises any equipment that the Minister or the authorised person considers necessary;
(b)search the business premises or anything on the premises;
(c)inspect, examine or test—
(i)a legacy monitoring system mentioned in section 3.8.7(b);
(ii)any other asset, equipment or software mentioned in section 3.8.7(c);
(d)inspect or examine any document mentioned in section 3.8.7(d);
(e)make a copy of or take an extract from any document referred to in paragraph (d);
(f)remove or arrange the removal of a document referred to in paragraph (d) for so long as the Minister considers reasonably necessary in order to copy the document or take extracts from the document;
(g)make any still or moving image or audiovisual recording at the premises if the Minister or the authorised person believes, on reasonable grounds, that it is necessary to do so.
3.8.9Specified persons must give information to Minister or authorised persons
(1)The Minister, by written notice, may require a specified person to—
(a)attend before the Minister or an authorised person at a time and place specified by the Minister and answer any questions about—
(i)a legacy monitoring system; or
(ii)information that is specified monitoring system information; or
(b)give the Minister, by a date specified in the notice, information specified in the notice about—
(i)a legacy monitoring system; or
(ii)information that is specified monitoring system information.
(2)A specified person must comply with a notice under subsection (1).
Penalty:100 penalty units.
(3)A person must not prevent, directly or indirectly, a specified person from complying with a notice under subsection (1).
Penalty:100 penalty units.
(4)In this section—
specified person means—
(a)an officer of a gaming operator;
(b)an associate of a gaming operator who is an individual;
(c)a person who the Minister has reason to believe is employed or engaged, or was employed or engaged in the 12 months immediately before the commencement of section 32 of the Gambling Regulation Amendment (Licensing) Act 2011, by—
(i)the gaming operator or an associate for or in connection with the carrying out of monitoring activities under the gaming operator's licence; or
(ii)if the legacy monitoring system used by the gaming operator is not owned by the gaming operator—the legacy system owner for the purpose of enabling the gaming operator to carry out monitoring activities under the gaming operator's licence.
3.8.10Direction to provide reasonable assistance
(1)The Minister or an authorised person may direct a specified person to provide assistance to the Minister or authorised person to enable the Minister or authorised person to effectively exercise a power under section 3.8.8.
(2)A direction under subsection (1) must be reasonable.
(3)Without limiting subsection (1), the Minister or authorised person may direct the specified person to do any or all of the following—
(a)to find and gain, or arrange, access to electronically stored information—
(i)about a legacy monitoring system; or
(ii)that is specified monitoring system information;
(b)to find and gain, or arrange, access to information—
(i)about a legacy monitoring system; or
(ii)that is specified monitoring system information.
(4)A specified person must not refuse or fail to comply with a direction under subsection (1).
Penalty:100 penalty units.
(5)In a prosecution for an offence against subsection (4), it is a defence if the defendant does not know how to, or is not able to, provide the assistance required under the direction.
(6)For the purposes of subsection (5) and without limiting that subsection, a defendant is not able to provide the assistance required under the direction if the defendant is unable to do so because of his or her terms and conditions of employment or engagement.
(7)A person must not prevent, directly or indirectly, a specified person from complying with a direction under subsection (1).
Penalty:100 penalty units.
(8)In this section—
specified person means—
(a)an officer of a gaming operator;
(b)a person employed or engaged by a gaming operator or an associate who is at business premises—
(i)occupied by the gaming operator or an associate; and
(ii)used by the gaming operator for or in connection with the carrying out of monitoring activities under the gaming operator's licence;
(c)if the legacy monitoring system used by the gaming operator is not owned by the gaming operator—a person employed or engaged by a gaming operator who is at business premises—
(i)occupied by the legacy system owner; and
(ii)used for the purpose of enabling the gaming operator to carry out monitoring activities under the gaming operator's licence.
3.8.11Offences relating to obstruction of Minister or authorised persons
A person must not assault, obstruct, hinder, threaten, abuse, insult or intimidate the Minister or an authorised person when the Minister or authorised person is exercising or attempting to exercise a power under section 3.8.7, 3.8.8, 3.8.9 or 3.8.10.
Penalty:100 penalty units.
Division 4—Other matters
3.8.12No compensation payable
(1)No compensation is payable by the State in respect of anything done by a specified person under Division 2 or 3 or in compliance with a direction under either of those Divisions.
(2)In subsection (1)—
specified person means—
(a)the Minister;
(b)an authorised person;
(c)a person assisting the Minister or an authorised person;
(d)a person given a direction under Division 2 or 3.
3.8.13Compliance with certain directions is not a breach of contract, breach of confidence or any other civil wrong
A person incurs, by complying with a direction under Division 2 or 3, no liability for breach of contract, breach of confidence or any other civil wrong.".
33Determination for application for registration as bookmaker's key employee
After section 4.5A.5(4) of the Gambling Regulation Act 2003 insert—
"(5)A function of the Commission under this section may be performed by any commissioner.".
34Conditions of registration
In section 4.5A.11(b) of the Gambling Regulation Act 2003, for "are otherwise" substitute "conditions that are otherwise".
35New sections 4.5A.14A and 4.5A.14B inserted
After section 4.5A.14 of the Gambling Regulation Act 2003 insert—
"4.5A.14A Suspension of a bookmaker's registration pending criminal proceedings
(1)The Commission may suspend a bookmaker's registration by notice in writing given to the bookmaker if the Commission is satisfied that—
(a)the bookmaker; or
(b)if the bookmaker is a body corporate, an officer, director or nominee of the bookmaker—
has been charged with a relevant offence.
(2)The Commission may, at any time, terminate or reduce a period of suspension imposed under subsection (1).
(3)In this section relevant offence means—
(a)an offence against the Racing Act 1958 and regulations under that Act, or a gaming Act or gaming regulations;
(b)an offence (in Victoria or elsewhere) involving fraud or dishonesty where the offence is punishable by imprisonment for 3 months or more;
(c)an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, in respect of the management or operation of the bookmaker's business.
4.5A.14BSuspension of a bookmaker's key employee's registration pending criminal proceedings
(1)The Commission may suspend a bookmaker's key employee's registration by notice in writing given to the bookmaker's key employee if the Commission is satisfied that the bookmaker's key employee has been charged with a relevant offence.
(2)The Commission may, at any time, terminate or reduce a period of suspension imposed under subsection (1).
(3)In this section relevant offence means—
(a)an offence against the Racing Act 1958 and regulations under that Act, or a gaming Act or gaming regulations;
(b)an offence (in Victoria or elsewhere) involving fraud or dishonesty where the offence is punishable by imprisonment for 3 months or more;
(c)an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, in respect of the management or operation of the business at which the bookmaker's key employee is employed.".
36Review by VCAT of registrations as bookmaker or bookmaker's key employee
(1)In section 4.5A.15(h) of the Gambling Regulation Act 2003, for "employee." substitute "employee;".
(2)After section 4.5A.15(h) of the Gambling Regulation Act 2003 insert—
"(i)a decision to suspend the registration of a bookmaker under section 4.5A.14A;
(j)a decision to suspend the registration of a bookmaker's key employee under section 4.5A.14B.".
37Supervision of public lottery draws by Commission's representative
At the end of section 5.2.6 of the Gambling Regulation Act 2003 insert—
"(2)Despite subsection (1), a public lottery licensee or other person may determine a public lottery by draw without the supervision of a person nominated by the Commission if the draw—
(a)is determined by a random number generator; and
(b)is conducted in accordance with procedures approved by the Commission.
(3)The Commission may approve procedures for the conduct of a public lottery to be determined by a random number generator.
(4)In this section, random number generator means an instrument, contrivance, hardware, software or other equipment approved by the Commission under section 5.2.1A that is designed to be used to select random numbers and—
(a)is used by a public lottery licensee to determine the results of a draw of a public lottery; and
(b)is not used by a public lottery licensee to draw numbered balls or other things; and
(c)is not an electronic device that enables a public lottery to be determined in connection with an external event.".
38New section 5.7.17 inserted
After section 5.7.16A of the Gambling Regulation Act 2003 insert—
5.7.17Change in situation of permit holder"
If a change of a kind specified by the Commission in writing given to a permit holder takes place in the situation existing in relation to the permit holder, the permit holder must notify the Commission in writing of the change within 14 days after it takes place.
Penalty:60 penalty units.".
39Application for minor gaming permit
After section 8.3.12(2)(b) of the Gambling Regulation Act 2003 insert—
"(ba)in the case of an application for a minor gaming permit under which the organisation wishes to conduct a raffle—describe each prize; and".
40Determination of application
After section 8.3.13(2) of the Gambling Regulation Act 2003 insert—
"(2A)Without limiting the grounds on which the Commission may refuse an application for a minor gaming permit, the Commission must refuse an application if, in the Commission's opinion, the activity the organisation wishes to conduct under the permit is offensive or contrary to the public interest.
(2B)To avoid doubt, the activity referred to in subsection (2A) includes making available any prize to be won.".
41Change in situation of person or associate
(1)In section 8.6.3(1)(a) of the Gambling Regulation Act 2003, for "permit;" substitute "permit.".
(2)In section 8.6.3(1) of the Gambling Regulation Act 2003, paragraphs (b), (c), (e) and (f) are repealed.
42Publication of Review Panel reports
(1)For section 10.2A.11(2) and (3) of the Gambling Regulation Act 2003 substitute—
"(2)In the case of a report with respect to the regulatory review, the Minister must—
(a)cause a copy of the report to be presented to each House of the Parliament within 7 sitting days of the House after the Minister publicly announces the government's decision on the regulatory review; or
(b)if the Parliament is not sitting, give a copy of the report to the clerk of each House of the Parliament, within 21 days after the Minister publicly announces the government's decision on the regulatory review.
(3)In the case of a report with respect to the authorisation and licensing process, the Minister must—
(a)cause a copy of the report to be presented to each House of the Parliament within 7 sitting days of the House after the Minister publicly announces the grant or issue of an authorisation or licence that is the subject of a report; or
(b)if the Parliament is not sitting, give a copy of the report to the clerk of each House of Parliament, within 21 days after the Minister publicly announces the grant or issue of an authorisation or licence that is the subject of a report.
(3A)In the case of any other report, the Minister must cause a copy of each report to be presented to each House of the Parliament at the time determined by the Minister.".
(2)In section 10.2A.11(4) of the Gambling Regulation Act 2003, for "(3)" substitute
"(2)(b) or (3)(b)".
(3)In section 10.2A.11(5) of the Gambling Regulation Act 2003—
(a)in paragraph (a), for "(2)" substitute
"(2)(a), (3)(a) or (3A)";
(b)in paragraph (b), for "(3)" substitute
"(2)(b) or (3)(b)".
(4)In section 10.2A.11(6) of the Gambling Regulation Act 2003, for "(1) or (2), or doing a thing under subsection (3)" substitute "(1), (2), (3) or (3A)".
(5)In section 10.2A.11(7) of the Gambling Regulation Act 2003, for "(3)" substitute
"(2)(b) or (3)(b)".
(6)Section 10.2A.11(9) of the Gambling Regulation Act 2003 is repealed.
43Statute law revision
(1)In section 4.3A.34F of the Gambling Regulation Act 2003, for "licence" substitute "licensee".
(2)In section 4.9.1(2) of the Gambling Regulation Act 2003, in the definition of giving effect to, in paragraph (a), for "arrangement," substitute "arrangement;".
(3)In section 8.4.2D(1) of the Gambling Regulation Act 2003, for "Commission," substitute "Commission".
(4)In section 8.4.17 of the Gambling Regulation Act 2003, in the definition of grounds for disciplinary action, in paragraph (b), for "any applicable" substitute "the".
Division 2—Prohibition on lobbying
Subdivision 1—Monitoring licence
44Definitions
In section 3.4.38 of the Gambling Regulation Act 2003 insert the following definitions—
"contact includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means;
government representative means—
(a)the Premier or another Minister;
(b)a Parliamentary Secretary;
(c)a person employed under Part 3 of the Public Administration Act 2004;
(d)a ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004;
(e)the Secretary;
(f)a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with his or her obligations under this Division or Division 1B or 1C of Part 4 of Chapter 10;
interested person means—
(a)an applicant; or
(b)an associate of an applicant; or
(c)an officer, servant, agent or contractor of—
(i)an applicant; or
(ii)an associate of an applicant; or
(d)the monitoring licensee; or
(e)an associate of the monitoring licensee; or
(f)an officer, servant, agent or contractor of—
(i)the monitoring licensee; or
(ii)an associate of the monitoring licensee;
licence awarding process means—
(a)the preparation or making of a recommendation or report under this Act in relation to an application for a monitoring licence;
(b)the Minister's determination whether to grant or refuse an application under section 3.4.44;
(c)anything that may be or is required to be done under the Act by the Minister for the purpose of making a determination under section 3.4.44;
lobbying activity means—
(a)in relation to a licence awarding process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process;
(b)in relation to a request to amend the monitoring licence under section 3.4.59B, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to the monitoring licence;
lobbyist means a person or organisation—
(a)that carries out a lobbying activity for or on behalf of a third party client; or
(b)whose employees or contractors carry out a lobbying activity for or on behalf of a third party client.".
45Application for monitoring licence
Section 3.4.42(7) of the Gambling Regulation Act 2003 is repealed.
46Prohibition on improper interference
Section 3.4.45(3) of the Gambling Regulation Act 2003 is repealed.
47New section 3.4.45A inserted
After section 3.4.45 of the Gambling Regulation Act 2003 insert—
3.4.45AProhibition on lobbying in relation to grant of application"
(1)A lobbyist must not in relation to a licence awarding process carry out a lobbying activity for or on behalf of an interested person.
(2)The Minister may refuse to consider or to grant an application for the monitoring licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity.".
48Amendment of licence
In section 3.4.59C(1) of the Gambling Regulation Act 2003, for "The Minister" substitute "Subject to this Division, the Minister".
49New section 3.4.59CA inserted
After section 3.4.59C of the Gambling Regulation Act 2003 insert—
3.4.59CAProhibition on lobbying for amendment of licence"
(1)A lobbyist must not, in relation to a request for an amendment to the monitoring licence under section 3.4.59B, carry out a lobbying activity for or on behalf of an interested person.
(2)The Minister may refuse to consider a request to amend the monitoring licence if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity.".
50Secretary may require further information
In section 3.4.59M(4) of the Gambling Regulation Act 2003, for the definition of interested person substitute—
"interested person includes a person who the Secretary considers may become an associate of an applicant for the monitoring licence.".
Subdivision 2—Wagering and betting licence
51New Division 1AA of Part 3A of Chapter 4 inserted
Before Division 1 of Part 3A of Chapter 4 of the Gambling Regulation Act 2003 insert—
"Division 1AA—Interpretation
4.3A.1AADefinitions
In this Part—
applicant means an applicant for the wagering and betting licence;
contact includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means;
government representative means—
(a)the Premier or another Minister;
(b)a Parliamentary Secretary;
(c)a person employed under Part 3 of the Public Administration Act 2004;
(d)a ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004;
(e)the Secretary;
(f)a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with his or her obligations under this Part or Division 1A or 1B of Part 4 of Chapter 10;
interested person means—
(a)a registrant or an applicant; or
(b)an associate of a registrant or an applicant; or
(c)an officer, servant, agent or contractor of—
(i)a registrant or an applicant; or
(ii)an associate of a registrant or an applicant; or
(d)the wagering and betting licensee; or
(e)an associate of the wagering and betting licensee; or
(f)an officer, servant, agent or contractor of—
(i)the wagering and betting licensee; or
(ii)an associate of the wagering and betting licensee;
licence awarding process means—
(a)the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application;
(b)the Minister's decision to invite one or more registrants to apply for the wagering and betting licence or to not invite any of the registrants to apply for the wagering and betting licence under section 4.3A.3(7);
(c)the Minister's determination whether to grant or refuse an application under section 4.3A.7;
(d)anything that may be or is required to be done under the Act by the Minister for the purpose of making a determination under section 4.3A.7;
lobbying activity means—
(a)in relation to a licence awarding process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process;
(b)in relation to a request to amend the wagering and betting licence under section 4.3A.22, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to the wagering and betting licence;
lobbyist means a person or organisation—
(a)that carries out a lobbying activity for or on behalf of a third party client; or
(b)whose employees or contractors carry out a lobbying activity for or on behalf of a third party client;
registrant means a person who registers an interest in the grant of the wagering and betting licence.".
52Registration of interest
In section 4.3A.3(8) of the Gambling Regulation Act 2003—
(a)the definition of applicant is repealed;
(b)the definition of interested person is repealed;
(c)the definition of registrant is repealed.
53Application for licence
Section 4.3A.5(7) of the Gambling Regulation Act 2003 is repealed.
54Prohibition on improper interference
Section 4.3A.7A(3) of the Gambling Regulation Act 2003 is repealed.
55New section 4.3A.7B inserted
After section 4.3A.7A of the Gambling Regulation Act 2003 insert—
4.3A.7BProhibition on lobbying in relation to grant of application"
(1)A lobbyist must not, in relation to a licence awarding process, carry out a lobbying activity for or on behalf of an interested person.
(2)The Minister may refuse to consider a registration of interest or an application for the wagering and betting licence, or to grant an application for the wagering and betting licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity.".
56Amendment of licence
In section 4.3A.23(1) of the Gambling Regulation Act 2003, for "The Minister" substitute "Subject to this Part, the Minister".
57New section 4.3A.23A inserted
After section 4.3A.23 of the Gambling Regulation Act 2003 insert—
4.3A.23AProhibition on lobbying for amendment of licence"
(1)A lobbyist must not in relation to a request for an amendment to the wagering and betting licence under section 4.3A.22 carry out a lobbying activity for or on behalf of an interested person.
(2)The Minister may refuse to consider a request to amend the wagering and betting licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity.".
Subdivision 3—Public lottery licences
58New Division 1AA of Part 3 of Chapter 5 inserted
Before Division 1 of Part 3 of Chapter 5 of the Gambling Regulation Act 2003 insert—
"Division 1AA—Interpretation
5.3.1AADefinitions
In this Part—
applicant means an applicant for a public lottery licence;
contact includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means;
government representative means—
(a)the Premier or another Minister;
(b)a Parliamentary Secretary;
(c)a person employed under Part 3 of the Public Administration Act 2004;
(d)a ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004;
(e)the Secretary;
(f)a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with his or her obligations under this Part or Division 1 of Part 4 of Chapter 10;
interested person means—
(a)a registrant or an applicant; or
(b)an associate of a registrant or of an applicant; or
(c)an officer, servant, agent or contractor of—
(i)a registrant or an applicant; or
(ii)an associate of a registrant or an applicant; or
(d)a public lottery licensee; or
(e)an associate of a public lottery licensee; or
(f)an officer, servant, agent or contractor of—
(i)a public lottery licensee; or
(ii)an associate of a public lottery licensee;
licence awarding process means—
(a)the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application;
(b)the Minister's decision to invite one or more registrants to apply for a public lottery licence or to not invite any of the registrants to apply for a public lottery licence under section 5.3.2A(7);
(c)the Minister's determination whether to grant or refuse an application under section 5.3.5;
(d)anything that may be or is required to be done under the Act by the Minister for the purpose of making a determination under section 5.3.5;
lobbying activity means—
(a)in relation to a licence awarding process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process;
(b)in relation to a request to amend a public lottery licence under section 5.3.16, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to a public lottery licence;
lobbyist means a person or organisation—
(a)that carries out a lobbying activity for or on behalf of a third party client; or
(b)whose employees or contractors carry out a lobbying activity for or on behalf of a third party client;
registrant means a person who registers an interest in the grant of a public lottery licence.".
59New sections 5.3.5A and 5.3.5B inserted
After section 5.3.5 of the Gambling Regulation Act 2003 insert—
5.3.5AProhibition on improper interference"
(1)An interested person in relation to a registration of interest or an application for a public lottery licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application.
(2)If an interested person in relation to a registration of interest or an application for a public lottery licence improperly interferes with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application, the Minister may refuse to consider, or consider further, the registration of interest or application.
5.3.5BProhibition on lobbying in relation to grant of application
(1)A lobbyist must not in relation to a licence awarding process carry out a lobbying activity for or on behalf of an interested person.
(2)The Minister may refuse to consider a registration of interest or an application for a public lottery licence, or to grant an application for a public lottery licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity.".
60Amendment of licence
In section 5.3.19(1) of the Gambling Regulation Act 2003, for "The Minister" substitute
"Subject to this Part, the Minister".
61New section 5.3.19A inserted
After section 5.3.19 of the Gambling Regulation Act 2003 insert—
5.3.19AProhibition on lobbying for amendment of licence"
(1)A lobbyist must not in relation to a request for an amendment to a public lottery licence under section 5.3.16 carry out a lobbying activity for or on behalf of an interested person.
(2)The Minister may refuse to consider a request to amend a public lottery licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity.".
Subdivision 4—Keno licence
62New Division 1AA of Part 3 of Chapter 6A inserted
Before Division 1 of Part 3 of Chapter 6A of the Gambling Regulation Act 2003 insert—
"Division 1AA—Interpretation
6A.3.1AADefinitions
In this Part—
applicant means an applicant for the keno licence;
contact includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means;
government representative means—
(a)the Premier or another Minister;
(b)a Parliamentary Secretary;
(c)a person employed under Part 3 of the Public Administration Act 2004;
(d)a ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004;
(e)the Secretary;
(f)a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with his or her obligations under this Part or Division 1A or 1B of Part 4 of Chapter 10;
interested person means—
(a)a registrant or an applicant; or
(b)an associate of a registrant or of an applicant; or
(c)an officer, servant, agent or contractor of—
(i)a registrant or an applicant; or
(ii)an associate of a registrant or an applicant; or
(d)the keno licensee; or
(e)an associate of the keno licensee; or
(f)an officer, servant, agent or contractor of—
(i)the keno licensee; or
(ii)an associate of the keno licensee;
licence awarding process means—
(a)the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application;
(b)the Minister's decision to invite one or more registrants to apply for the keno licence or to not invite any of the registrants to apply for the keno licence under section 6A.3.3(7);
(c)the Minister's determination whether to grant or refuse an application under section 6A.3.7;
(d)anything that may be or is required to be done under the Act by the Minister for the purpose of making a determination under section 6A.3.7;
lobbying activity means—
(a)in relation to a licence awarding process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process;
(b)in relation to a request to amend the keno licence under section 6A.3.22, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to the keno licence;
lobbyist means a person or organisation—
(a)that carries out a lobbying activity for or on behalf of a third party client; or
(b)whose employees or contractors carry out a lobbying activity for or on behalf of a third party client;
registrant means a person who registers an interest in the grant of the keno licence.".
63Registration of interest
Section 6A.3.3(8) of the Gambling Regulation Act 2003 is repealed.
64Application for licence
Section 6A.3.5(7) of the Gambling Regulation Act 2003 is repealed.
65Prohibition on improper interference
Section 6A.3.7A(3) of the Gambling Regulation Act 2003 is repealed.
66New section 6A.3.7B inserted
After section 6A.3.7A of the Gambling Regulation Act 2003 insert—
6A.3.7BProhibition on lobbying in relation to grant of application"
(1)A lobbyist must not in relation to a licence awarding process carry out a lobbying activity for or on behalf of an interested person.
(2)The Minister may refuse to consider a registration of interest or an application for the keno licence, or to grant an application for the keno licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity.".
67Amendment of licence
In section 6A.3.23(1) of the Gambling Regulation Act 2003, for "The Minister" substitute "Subject to this Part, the Minister".
68New section 6A.3.23A inserted
After section 6A.3.23 of the Gambling Regulation Act 2003 insert—
6A.3.23AProhibition on lobbying for amendment of licence"
(1)A lobbyist must not in relation to a request for an amendment to the keno licence under section 6A.3.22 carry out a lobbying activity for or on behalf of an interested person.
(2)The Minister may refuse to consider a request to amend the keno licence if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity.".
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Part 3—Amendments to the Gambling Regulation Further Amendment Act 2009
69Possession of gaming machines may be authorised
For section 8 of the Gambling Regulation Further Amendment Act 2009 substitute—
8Possession of gaming machines may be authorised'
(1)After section 3.2.2(2) of the Principal Act insert—
"(2A)The Commission may authorise, in writing, a person who was the holder of a gaming operator's licence or a gaming licence to—
(a)be in possession of gaming equipment or monitoring equipment; or
(b)sell or dispose of gaming equipment or monitoring equipment.
(2AB)The Commission may give an authorisation under subsection (2A) only if the gaming equipment or monitoring equipment was acquired while the person held a gaming operator's licence or gaming licence.".
(2)In section 3.2.2(3) of the Principal Act, for "(2) or (2B)" substitute "(2), (2A) or (2B)".'.
70Repeal of redundant provision
Section 122 of the Gambling Regulation Further Amendment Act 2009 is repealed.
71Statute law revision
In section 18 of the Gambling Regulation Further Amendment Act 2009, for "section 3.4.1(ac)" substitute "section 3.4.1(1)(ac)".
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Part 4—Amendments to the Gambling Regulation Amendment (Licensing) Act 2009
72Review of approvals
In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, in proposed section 3.5.33J(1)(b) of the Gambling Regulation Act 2003, for "banking services" substitute
"cash facilities".
73Statute law revision
In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, in proposed section 3.5.33M(3)(c) of the Gambling Regulation Act 2003, omit "decision to" (where first occurring).
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Part 5—Amendment to the Liquor Control Reform Act 1998
74Betting on licensed premises
After section 115(2)(b) of the Liquor Control Reform Act 1998 insert—
"(ba)if—
(i)a betting facility of the holder of the wagering and betting licence under Chapter 4 of the Gambling Regulation Act 2003 is established in the premises; and
(ii)the betting takes place through that licence holder; or".
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Part 6—Repeal of Amending Act
75Repeal of Act
This Act is repealed on 1 November 2013.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 31 August 2011
Legislative Council: 13 October 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003, the Gambling Regulation Further Amendment Act 2009, the Gambling Regulation Amendment (Licensing) Act 2009 and the Liquor Control Reform Act 1998 and for other purposes."
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