Untitled document
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendment of the Gambling Regulation Act 2003
Division 1—Miscellaneous amendments
3Definitions
4Definitions—minor amendment to definition of venue condition
5New definitions inserted for purpose of Chapter 3
6Application for approval of premises
7Responsible authority may make submission
8Authority conferred by monitoring licence
9Application for venue operator's licence
10Nominee of licensee—increase in penalties
11Disciplinary action against venue operator
12Letter of censure
13Minister may invite applications
14New sections 3.4.49A to 3.4.49C inserted
3.4.49AMonitoring licensee must establish and maintain
approved linked jackpot trust accounts3.4.49BOperation of multiple venue linked jackpot arrangements without approved linked jackpot
trust account prohibited3.4.49CPayments out of approved linked jackpot trust accounts
15Engaging contractors and appointing agents to assist with monitoring
16Grounds for disciplinary action—monitoring licence
17Suspension of licence
18New section 3.4.59GA inserted
3.4.59GADisciplinary and other action against monitoring licensee—preparatory action
19Appointment of a monitoring services provider after
monitoring licence suspended, cancelled or surrendered20New section 3.4.68A inserted
3.4.68APublication of standard price lists
21Authority conferred by gaming machine entitlements
22Minister may create and allocate gaming machine entitlements
23New section 3.4A.6B inserted
3.4A.6BNo compensation payable because of direction
to enter related agreements under section 3.4A.6A
24Gaming machine entitlements may authorise preparatory
action25States rights in relation to allocated gaming machine
entitlements26No compensation payable because of direction to enter related agreements under section 3.4A.11A
27New section 3.4A.11C inserted
3.4A.11CPayments for gaming machine entitlements must
be made to Commission
28Gaming machine entitlements forfeited if venue operator
defaults under related agreement29No compensation payable because of forfeiture of gaming machine entitlements
30Amounts owed to the State in relation to gaming machine entitlements become immediately payable
31Payment of proceeds from forfeited gaming machine
entitlements that are allocated again32Trade Practices Act and Competition Code authorisation
33Further amendments to section 3.4A.34
34New Division 2A of Part 7 of Chapter 3 inserted
Division 2A—Approved linked jackpot trust account compliance requirements
3.7.6Banking
3.7.6AAAccounting records in relation to approved
linked jackpot trust accounts3.7.6ABFunctions of Commission under this Division
may be performed by any commissioner
35Directions to gaming operator to provide information etc.
36Directions to monitoring licensee to provide information etc.
37Registration of interest—wagering and betting licence
38Grounds for disciplinary action—wagering and betting licence
39New section 4.3A.30A inserted
4.3A.30ADisciplinary and other action against wagering
and betting licensee—preparatory action
40Trade Practices Act and Competition Code
41Registration of interest—public lottery licence
42Grounds for disciplinary action—public lottery licence
43Registration of interest—keno licence
44Grounds for disciplinary action—keno licence
45New section 6A.3.30A inserted
6A.3.30ADisciplinary and other action against keno licensee—preparatory action
46Minor gaming must be in accordance with Chapter etc.
47Definitions—disciplinary action against community or
charitable organisations in relation to bingo48Disciplinary action—bingo centre operators
49New section 10.2A.11 substituted
10.2A.11Publication of Review Panel reports
50Police inquiry and report—applications
51Police inquiry and report—applications for wagering and
betting licence and keno licence52Police inquiry and report—transfers of monitoring licence, wagering and betting licence and keno licence and temporary licensing
53Definitions—suitability of persons for invitation, and to apply, for monitoring licence
54Police inquiry and report—suitability of persons for invitation, and to apply, for monitoring licence
55Policy inquiry and report—applications for monitoring licence
56Supreme Court—limitation of jurisdiction
Division 2—Associates
57Definitions for purpose of Act
58Who is an associate?
59New Part 4A of Chapter 10 inserted
PART 4A—MONITORING OF RELATIONSHIPS
WITH ASSOCIATESDivision 1—Interpretation
10.4A.1Definitions
10.4A.2Relevant interests
10.4A.3References to the Corporations Act
Division 2—Notifications in relation to associates
10.4A.4Change in situation of gambling industry participants, associates etc.
10.4A.5Notification of Commission of persons who are likely to become associates
10.4A.6Notification of Commission of persons who
have become associates
Division 3—Commission approval
10.4A.7Prior Commission approval required before
certain persons become associates
Division 4—Termination of associations, warnings and undertakings
10.4A.8Termination of association
10.4A.9Written warnings and undertakings in relation to
conduct of associates
Division 5—Forfeiture and sale of shares in gambling industry participants
10.4A.10Disposal, forfeiture etc. of shares
10.4A.11Sale of forfeited shares
Division 6—Investigations for purposes of Divisions 4 and 5
10.4A.12Investigation of associates and others
10.4A.13Provision of information to Commission
10.4A.14Reports to Minister
60Investigations and inquiries for approval of associates
61Consequential repeals
Part 3—Amendment of the Gambling Regulation Further Amendment Act 2009
62Application for approval of premises
63New section 13 substituted
13New section 3.3.5 substituted and new sections
3.3.5AA, 3.3.5AB, 3.3.5A and 3.3.5B inserted
64Responsible authority may make submission
65Determination of application
16Determination of application
66Section 21 substituted
21Proposal of amendment by operator
67Section 22 substituted
22New sections 3.4.18A, 3.4.18B and 3.4.18C inserted
68Submissions on proposed amendments
69Section 24 substituted
24Determination of application
70Amendment of public lottery licence
71Public hearings for amendments to venue operators' licences
to increase gaming machine numbers
Part 4—Amendment of the Casino Control
Act 1991
72Cancellation, suspension or variation of casino licence
Part 5—Amendment of the Confiscation Act 1997
73Amendment of Schedule 1
Part 6—Repeal of Amending Act
74Repeal of Act
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Endnotes
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
[Assented to 14 September 2010]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is—
(a)to amend the Gambling Regulation Act 2003, and the Gambling Regulation Further Amendment Act 2009 to make further provision in relation to regulatory arrangements for—
(i)gaming machine entitlements and the monitoring, wagering and betting and keno licences; and
(ii)the regulation of associates of gambling industry participants; and
(b)to amend the Casino Control Act 1991 to make further provision in relation to disciplinary action against the casino operator for offences involving minors; and
(c)to amend the Confiscation Act 1997 to remove a redundant reference to minor gaming permits.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 September 2012, it comes into operation on that day.
__________________
Part 2—Amendment of the Gambling Regulation Act 2003
Division 1—Miscellaneous amendments
3Definitions
In section 1.3(1) of the Gambling Regulation Act 2003, in the definition of monitoring licence, after "Chapter 3" insert "or a temporary monitoring licence issued under section 3.4.59I".
4Definitions—minor amendment to definition of venue condition
In section 3.1.2 of the Gambling Regulation Act 2003, in the definition of venue condition, for "3.4A.5(2)(b)" substitute "3.4A.5(4)(b)".
5New definitions inserted for purpose of Chapter 3
In section 3.1.2 of the Gambling Regulation Act 2003 insert the following definitions—
"approved linked jackpot trust account means an account—
(a)established and maintained by the monitoring licensee with an authorised deposit-taking institution in the State in relation to a multiple venue linked jackpot arrangement; and
(b)into which only money—
(i)that is related to the multiple venue linked jackpot arrangement; and
(ii)that is required to be paid, is paid by a venue operator in accordance with a jackpot financial administration services agreement between the monitoring licensee and that operator;
jackpot financial administration services means—
(a)establishing and maintaining an approved linked jackpot trust account in relation to a multiple venue linked jackpot arrangement;
(b)the payment of money out of an approved linked jackpot trust account to a venue operator;
(c)accounting, banking, storage and other acts in connection with or related or incidental to a service referred to in paragraph (a) or (b);
jackpot financial administration services agreement means an agreement between the monitoring licensee and a venue operator for the provision of jackpot financial administration services by the licensee to the venue operator;
multiple venue linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with other gaming machines in 2 or more approved venues;".
6Application for approval of premises
After section 3.3.4(1) of the Gambling Regulation Act 2003 insert—
"(1A)Unless the Commission considers there are exceptional circumstances, an application under this section must be made within 3 days after a copy of the proposed application has been given to the relevant responsible authority under section 3.3.5.
(1B)If the Commission considers there are exceptional circumstances, the Commission, by written notice given to the applicant, may extend the period of time within which the applicant may make the application.".
7Responsible authority may make submission
In section 3.3.6(1) of the Gambling Regulation Act 2003, after "Commission on" insert
"an application for approval of premises or an amendment of".
8Authority conferred by monitoring licence
(1)In section 3.4.4(1) of the Gambling Regulation Act 2003, for "section 3.4.48" substitute "section 3.4.48 or 3.4.48A".
(2)After section 3.4.4(1)(c) of the Gambling Regulation Act 2003 insert—
"(caa)to provide jackpot financial administration services in relation to multiple venue linked jackpot arrangements; and".
(3)For section 3.4.4(2) of the Gambling Regulation Act 2003 substitute—
"(2)Despite anything to the contrary in this Act—
(a)the facilitation of a linked jackpot arrangement by the monitoring licensee; or
(b)the provision of jackpot financial administration services by the monitoring licensee in relation to a multiple venue linked jackpot arrangement—
is not to be taken to constitute the conduct of gaming by the licensee if that facilitation or provision occurs solely to enable a venue operator that holds a gaming machine entitlement to conduct gaming through a linked jackpot arrangement.".
9Application for venue operator's licence
In section 3.4.8(1) of the Gambling Regulation Act 2003, for "not a natural person" substitute
"a body corporate".
10Nominee of licensee—increase in penalties
(1)For the penalty at the foot of section 3.4.14(1) of the Gambling Regulation Act 2003 substitute—
"Penalty:60 penalty units.".
(2)For the penalty at the foot of section 3.4.14(2) of the Gambling Regulation Act 2003 substitute—
"Penalty:60 penalty units.".
(3)For the penalty at the foot of section 3.4.14(3) of the Gambling Regulation Act 2003 substitute—
"Penalty:60 penalty units.".
11Disciplinary action against venue operator
(1)In section 3.4.25(1) of the Gambling Regulation Act 2003, in paragraph (d) of the definition of disciplinary action, for "500" substitute "5000".
(2)In section 3.4.25(1) of the Gambling Regulation Act 2003 for the definition of grounds for disciplinary action substitute—
"grounds for disciplinary action, in relation to a venue operator, means any of the following—
(a)that the venue operator's licence was obtained by a materially false or misleading representation or in some other improper way;
(b)that there have been repeated breaches in the approved venue of rules made by the Commission under section 3.5.23;
(c)that there has been a contravention of section 3.2A.2, 3.2A.4, 3.2A.5 or 3.2A.6;
(d)that the venue operator has contravened—
(i)the venue operator's licence; or
(ii)a provision of this Act (being a provision a contravention of which does not constitute an offence); or
(iii)a condition imposed by the Minister on a gaming machine entitlement under section 3.4A.5; or
(iv)an agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or 3.4A.17A;
(e)that the venue operator has been found guilty of an offence—
(i)against a gaming Act or the gaming regulations; or
(ii)an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months;
(f)that an associate of the venue operator has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months;
(g)that the venue operator is not, or is no longer, a suitable person to conduct the activities authorised by the venue operator's licence, having regard to the matters set out in section 3.4.11(2);
(h)that the venue operator has repeatedly breached the venue operator's self-exclusion program;
(i)that the venue operator has repeatedly breached the venue operator's Responsible Gambling Code of Conduct;
(j)that the venue operator has failed to discharge financial obligations to a player;".
12Letter of censure
In section 3.4.26(2)(b) of the Gambling Regulation Act 2003, for "500" substitute "5000".
13Minister may invite applications
In section 3.4.40(1)(b) of the Gambling Regulation Act 2003, for "not a natural person" substitute "a body corporate".
14New sections 3.4.49A to 3.4.49C inserted
After section 3.4.49 of the Gambling Regulation Act 2003 insert—
"3.4.49A Monitoring licensee must establish and maintain approved linked jackpot trust accounts
The monitoring licensee must establish and maintain at an authorised deposit-taking institution in the State a separate approved linked jackpot trust account for each multiple venue linked jackpot arrangement.
3.4.49BOperation of multiple venue linked jackpot arrangements without approved linked jackpot trust account prohibited
The monitoring licensee must not allow a multiple venue linked jackpot arrangement to operate unless an approved linked jackpot trust account for that arrangement is established.
3.4.49CPayments out of approved linked jackpot trust accounts
(1)The monitoring licensee must pay out of an approved linked jackpot trust account—
(a)only the amounts that are specified under subsection (2); and
(b)only in accordance with a jackpot financial administration services agreement between the licensee and a venue operator whose money has been paid into the account.
(2)For the purposes of subsection (1)(a) the amounts are—
(a)amounts to enable a venue operator to pay jackpot prizes; and
(b)fees payable by the monitoring licensee to the authorised deposit-taking institution in relation to the approved linked jackpot trust account; and
(c)other amounts of money paid into the approved linked jackpot trust account in accordance with a jackpot financial administration services agreement between the monitoring licensee and a venue operator.".
15Engaging contractors and appointing agents to assist with monitoring
In section 3.4.54(2) of the Gambling Regulation Act 2003, for "3.4.44" substitute "3.4.48".
16Grounds for disciplinary action—monitoring licence
(1)In section 3.4.59D(d)(i) of the Gambling Regulation Act 2003 omit "a condition of".
(2)In section 3.4.59D(e) of the Gambling Regulation Act 2003, for "section 3.4.48 or 3.4.59" substitute "section 3.4.48, 3.4.48A, 3.4.59 or 3.4.59LA".
17Suspension of licence
In the heading to section 3.4.59G of the Gambling Regulation Act 2003 omit "pending criminal proceedings".
18New section 3.4.59GA inserted
After section 3.4.59G of the Gambling Regulation Act 2003 insert—
"3.4.59GA Disciplinary and other action against monitoring licensee—preparatory action
(1)Despite anything to the contrary in this Division—
(a)the Commission may take or recommend disciplinary action against the monitoring licensee under section 3.4.59E; or
(b)the Minister may—
(i)take disciplinary action under section 3.4.59F against the monitoring licensee; or
(ii)suspend the monitoring licence under section 3.4.59G—
during the period in which the monitoring licensee is authorised to take preparatory action under section 3.4.52.
(2)Despite section 3.4.50(a), for the purpose of subsection (1) the monitoring licence is taken to be in effect.".
19Appointment of a monitoring services provider after monitoring licence suspended, cancelled or surrendered
For section 3.4.59LG(2)(a) and (b) of the Gambling Regulation Act 2003 substitute—
"(a)to—
(i)provide monitoring services; and
(ii)manage the business of the monitoring licensee to the extent that the business relates to the provision of monitoring services; or
(b)to—
(i)carry out preparatory action within the meaning of section 3.4.52(6); and
(ii)manage the business of the monitoring licensee to the extent that the business relates to the carrying out of preparatory action within the meaning of section 3.4.52(6).".
20New section 3.4.68A inserted
After section 3.4.68 of the Gambling Regulation Act 2003 insert—
"3.4.68A Publication of standard price lists
(1)A person listed on the Roll who manufactures gaming machines must publish or otherwise make available on request a price list stating the prices of—
(a)gaming machines that the person may sell to a venue operator; and
(b)the standard terms and conditions on which that person will sell the gaming machines.
(2)A price list published under this section must include the prices at which gaming machines may be sold in bulk.
(3)A price list under this section may be published on the person's Internet site.".
21Authority conferred by gaming machine entitlements
(1)In section 3.4A.2(1) of the Gambling Regulation Act 2003, for "section 3.4A.6" substitute
"section 3.4A.6 or 3.4A.6A".
(2)After section 3.4A.2(2) of the Gambling Regulation Act 2003 insert—
"(3)A club gaming machine entitlement only authorises the conduct of gaming by a venue operator who holds a club venue operator's licence.".
22Minister may create and allocate gaming machine entitlements
In section 3.4A.5(2)(a) of the Gambling Regulation Act 2003, for "a notice" substitute "an Order".
23New section 3.4A.6B inserted
After section 3.4A.6A of the Gambling Regulation Act 2003 insert—
"3.4A.6B No compensation payable because of direction to enter related agreements under section 3.4A.6A
No compensation is payable by the State because of a direction under section 3.4A.6A or the entering into an agreement in compliance with a direction under section 3.4A.6A.".
24Gaming machine entitlements may authorise preparatory action
In section 3.4A.9(6) of the Gambling Regulation Act 2003—
(a)after paragraph (a) of the definition of preparatory action insert—
"(ab)installing, or causing to be installed, approved gaming machines in a gaming machine area;";
(b)in paragraph (b) of the definition of preparatory action, after "paragraph (a)" insert "or (ab)".
25States rights in relation to allocated gaming machine entitlements
(1)In section 3.4A.10(b) of the Gambling Regulation Act 2003 for "section 3.4A.6." substitute "section 3.4A.6; and".
(2)After section 3.4A.10(b) of the Gambling Regulation Act 2003 insert—
"(c)any agreement between the Minister and the venue operator under section 3.4A.6A.".
26No compensation payable because of direction to enter related agreements under section 3.4A.11A
In the heading to section 3.4A.11B of the Gambling Regulation Act 2003 after "agreements" insert "under section 3.4A.11A".
27New section 3.4A.11C inserted
After section 3.4A.11B of the Gambling Regulation Act 2003 insert—
"3.4A.11C Payments for gaming machine entitlements must be made to Commission
(1)A person to whom a gaming machine entitlement is allocated under section 3.4A.5 must pay the amount or amounts determined by the Minister under that section in respect of the entitlement to the Commission, to be paid into the Consolidated Fund.
(2)An amount under subsection (1) must be paid in accordance with the terms of an agreement referred to in section 3.4A.6 or 3.4A.6A.".
28Gaming machine entitlements forfeited if venue operator defaults under related agreement
In section 3.4A.27(1)(a) of the Gambling Regulation Act 2003 after "section 3.4A.6" insert "or 3.4A.6A".
29No compensation payable because of forfeiture of gaming machine entitlements
In section 3.4A.31 of the Gambling Regulation Act 2003, for "Division 6, 7 or 8" substitute "Division 6, 7, 8 or 8A".
30Amounts owed to the State in relation to gaming machine entitlements become immediately payable
In section 3.4A.32(1) of the Gambling Regulation Act 2003, for "Division 6, 7 or 8" substitute "Division 6, 7, 8 or 8A".
31Payment of proceeds from forfeited gaming machine entitlements that are allocated again
In section 3.4A.33(1) of the Gambling Regulation Act 2003, for "Division 6, 7 or 8" (wherever occurring) substitute "Division 6, 7, 8 or 8A".
32Trade Practices Act and Competition Code authorisation
(1)In section 3.4A.34(1)(c) of the Gambling Regulation Act 2003, for "(whether amended or not)." substitute "(whether amended or not);".
(2)After section 3.4A.34(1)(c) of the Gambling Regulation Act 2003 insert—
"(d)all activities carried out by or on behalf of the State for the purposes of this Act in connection with—
(i)the creation of gaming machine entitlements; or
(ii)the allocation of gaming machine entitlements to venue operators, including the allocation of gaming machine entitlements forfeited to the State under Division 6, 7 or 8.".
33Further amendments to section 3.4A.34
(1)In section 3.4A.34(1)(d)(ii) of the Gambling Regulation Act 2003, for "Division 6, 7 or 8." substitute "Division 6, 7, 8 or 8A or purchased under Division 5A;".
(2)After section 3.4A.34(1)(d)(ii) of the Gambling Regulation Act 2003 insert—
"(iii)the purchase of gaming machine entitlements under Division 5A.".
34New Division 2A of Part 7 of Chapter 3 inserted
After Division 2 of Part 7 of Chapter 3 of the Gambling Regulation Act 2003 insert—
"Division 2A—Approved linked jackpot trust account compliance requirements
3.7.6Banking
(1)The monitoring licensee must, from time to time provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the authorised deposit-taking institution referred to in section 3.4.49A authorising that institution to comply with any requirements of an inspector exercising powers under this section.
Penalty:100 penalty units.
(2)An inspector may, by notice in writing, require the manager or other principal officer of an authorised deposit-taking institution referred to in section 3.4.49A to provide the inspector with—
(a)a statement of an approved linked jackpot trust account referred to in that section; and
(b)any other particulars relating to the account that are specified in the notice.
(3)A person to whom a notice is given under subsection (2) must comply with the notice.
Penalty:60 penalty units.
(4)An inspector cannot exercise a power under subsection (2) without the prior written approval of the Commission.
3.7.6AAAccounting records in relation to approved linked jackpot trust accounts
(1)The monitoring licensee must keep accounting records that correctly record and explain the transactions relating to, and the financial position of, each approved linked jackpot trust account the licensee has established.
Penalty:60 penalty units.
(2)The monitoring licensee must keep the accounting records referred to in subsection (1) in the form required by the Commission and in a manner that will enable them to be conveniently and properly audited.
Penalty:60 penalty units.
3.7.6ABFunctions of Commission under this Division may be performed by any commissioner
A function of the Commission under this Division may be performed by any commissioner.".
35Directions to gaming operator to provide information etc.
In section 3.7.6A(3)(b) of the Gambling Regulation Act 2003, for "section 3.4.41(2)" substitute "section 3.4.41A(2)".
36Directions to monitoring licensee to provide information etc.
In section 3.7.6B(3)(b) of the Gambling Regulation Act 2003, for "section 3.4.41(2)" substitute "section 3.4.41A(2)".
37Registration of interest—wagering and betting licence
(1)After section 4.3A.3(4)(a) of the Gambling Regulation Act 2003 insert—
"(ab)is a body corporate; and".
(2)In section 4.3A.3(4)(b) of the Gambling Regulation Act 2003 omit "a natural person or".
38Grounds for disciplinary action—wagering and betting licence
(1)In section 4.3A.26(d)(i) of the Gambling Regulation Act 2003 omit "a condition of".
(2)In section 4.3A.26(e) of the Gambling Regulation Act 2003, for "section 4.3A.10 or 4.3A.20" substitute "section 4.3A.10, 4.3A.10AA, 4.3A.20 or 4.3A.34AA".
39New section 4.3A.30A inserted
After section 4.3A.30 of the Gambling Regulation Act 2003 insert—
"4.3A.30A Disciplinary and other action against wagering and betting licensee—preparatory action
(1)Despite anything to the contrary in this Part—
(a)the Commission may take or recommend disciplinary action against the wagering and betting licensee under section 4.3A.27; or
(b)the Minister may—
(i)take disciplinary action under section 4.3A.28 against the wagering and betting licensee; or
(ii)suspend the wagering and betting licence under section 4.3A.29—
during the period in which the wagering and betting licensee is authorised to take preparatory action under section 4.3A.12.
(2)Despite section 4.3A.11(1)(a), for the purpose of subsection (1) the wagering and betting licence is taken to be in effect.".
40Trade Practices Act and Competition Code
(1)In sections 4.9.1(1)(c), (d) and (e) of the Gambling Regulation Act 2003, after "4.3A.10AA" insert ", 4.3A.31(2)".
(2)After section 4.9.1(1) of the Gambling Regulation Act 2003 insert—
"(1A) For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following things are authorised by this Act—
(a)specified persons acting collectively or in combination with others in, or with respect to, the negotiation of, or giving effect to—
(i)an arrangement referred to in subsection (1)(c) (whether amended or not); or
(ii)an amendment to an arrangement referred to in subsection (1)(d);
(b)the giving of consent under section 4.3A.34C.
(1B)Subsection (1A) applies to the things stated in that subsection whether those things happened before or happen on or after the commencement of that subsection.".
(3)In section 4.9.1(2) of the Gambling Regulation Act 2003—
(a)in paragraph (b) of the definition of giving effect to, for "arrangement." substitute "arrangement;";
(b)after the definition of giving effect to insert the following definition—
"specified persons means—
(a)Racing Victoria; and
(b)Harness Racing Victoria; and
(c)Greyhound Racing Victoria; and
(d)any other licensed racing club.".
41Registration of interest—public lottery licence
In section 5.3.2A(3)(b) of the Gambling Regulation Act 2003, for "not a natural person" substitute "a body corporate".
42Grounds for disciplinary action—public lottery licence
For section 5.3.21(d) of the Gambling Regulation Act 2003 substitute—
"(d)the licensee has contravened—
(i)the licence; or
(ii)the lottery rules;".
43Registration of interest—keno licence
In section 6A.3.3(4)(b) of the Gambling Regulation Act 2003, for "not a natural person" substitute "a body corporate".
44Grounds for disciplinary action—keno licence
(1)In section 6A.3.26(d)(i) of the Gambling Regulation Act 2003 omit "a condition of".
(2)In section 6A.3.26(e) of the Gambling Regulation Act 2003, for "section 6A.3.10 or 6A.3.20" substitute "section 6A.3.10, 6A.3.10A, 6A.3.20 or 6A.3.34A".
45New section 6A.3.30A inserted
After section 6A.3.30 of the Gambling Regulation Act 2003 insert—
"6A.3.30A Disciplinary and other action against keno licensee—preparatory action
(1)Despite anything to the contrary in this Part—
(a)the Commission may take or recommend disciplinary action against the keno licensee under section 6A.3.27; or
(b)the Minister may—
(i)take disciplinary action under section 6A.3.28 against the keno licensee; or
(ii)suspend the keno licence under section 6A.3.29—
during the period in which the keno licensee is authorised to take preparatory action under section 6A.3.12.
(2)Despite section 6A.3.11(1)(a), for the purpose of subsection (1) the keno licence is taken to be in effect.".
46Minor gaming must be in accordance with Chapter etc.
In section 8.2.2 of the Gambling Regulation Act 2003, after "regulations" insert ", any applicable rules made by the Commission under section 8.4.2D".
47Definitions—disciplinary action against community or charitable organisations in relation to bingo
In section 8.4.17 of the Gambling Regulation Act 2003, in paragraph (b) of the definition of grounds for disciplinary action, for "or the regulations" substitute ", the regulations or any applicable rules made by the Commission under section 8.4.2D".
48Disciplinary action—bingo centre operators
In section 8.5.13 of the Gambling Regulation Act 2003, in paragraph (c) of the definition of grounds for disciplinary action, for "or the regulations" substitute ", the regulations or the rules made by the Commission under section 8.4.2D".
49New section 10.2A.11 substituted
For section 10.2A.11 of the Gambling Regulation Act 2003 substitute—
"10.2A.11 Publication of Review Panel reports
(1)The Minister must give a copy of each report of the Review Panel to the Secretary as soon as practicable after receiving it.
(2)The Minister must cause a copy of each report to be presented to each House of the Parliament—
(a)in the case of a report with respect to the regulatory review, within 7 sitting days of the House after the Minister publicly announces the government's decision on the regulatory review;
(b)in the case of a report with respect to the authorisation and licensing process, 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;
(c)in any other case, at the time determined by the Minister.
(3)If the Minister receives a report when Parliament is in recess, the Minister may give a copy of the report to the clerk of each House of the Parliament.
(4)If the clerk of each House of the Parliament receives a copy of a report under subsection (3), the clerk of each House of the Parliament must—
(a)as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available upon request; and
(b)give a copy of the report to any member of the House upon request to the clerk; and
(c)cause the report to laid before the House on the next sitting day of the House.
(5)The Secretary must cause a copy of each report received under subsection (1) to be published on an appropriate Internet site as soon as practicable after—
(a)the copy of the report has been presented to each House of the Parliament by the Minister under subsection (2); or
(b)the copy of the report has been given to the clerk of each House of the Parliament by the Minister under subsection (3).
(6)Before complying with subsection (1) or (2), or doing a thing under subsection (3), the Minister may exclude information from the report if the Minister has received advice from the Victorian Government Solicitor that the information is—
(a)protected information; or
(b)information that is or could be the subject of legal professional privilege or client legal privilege.
(7)A report that is given to the clerks under subsection (3) is taken to have been published by order, or under the authority, of the Houses of the Parliament.
(8)The publication of a report by the Secretary under this section is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and of any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament.
(9)For the purposes of this section, the Parliament is in recess when each House stands adjourned to a date to be fixed by the presiding officer of that House."
50Police inquiry and report—applications
For section 10.4.4(1) of the Gambling Regulation Act 2003 substitute—
"(1)The Commission must refer to the Chief Commissioner of Police—
(a)details of an application; and
(b)a copy of any photograph, finger prints and palm prints obtained under section 10.4.3; and
(c)any other information from or concerning an application that the Chief Commissioner of Police considers he or she needs to inquire into and report on the application.".
51Police inquiry and report—applications for wagering and betting licence and keno licence
(1)For section 10.4.7D(1) of the Gambling Regulation Act 2003 substitute—
"(1)If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7B, the Commission must refer to the Chief Commissioner of Police—
(a)details of the application or registration of interest; and
(b)a copy of any photograph, finger prints and palm prints obtained under section 10.4.7C; and
(c)any other information from or concerning the application or registration of interest that the Chief Commissioner of Police considers he or she needs to inquire into and report on the application or registration of interest.".
(2)In section 10.4.7D(2) of the Gambling Regulation Act 2003, for "regarding" substitute "concerning".
52Police inquiry and report—transfers of monitoring licence, wagering and betting licence and keno licence and temporary licensing
For section 10.4.7L(1)(a) and (b) of the Gambling Regulation Act 2003 substitute—
"(a)in the case of the application to transfer a relevant licence—
(i)details of the application; and
(ii)a copy of any photograph, finger prints and palm prints obtained under section 10.4.7K; and
(iii)any other information from or concerning the application that the Chief Commissioner of Police considers he or she needs to inquire into and report on the application;
(b)in the case of the issue of a temporary licence—
(i)a copy of any photograph, finger prints and palm prints obtained under section 10.4.7K; and
(ii)any other information concerning the temporary licence that the Chief Commissioner of Police considers he or she needs to inquire into and report on the temporary licence.".
53Definitions—suitability of persons for invitation, and to apply, for monitoring licence
In section 10.4.7P of the Gambling Regulation Act 2003, for the definition of pending applicant substitute—
"pending applicant means 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;".
54Police inquiry and report—suitability of persons for invitation, and to apply, for monitoring licence
For section 10.4.7S(1) of the Gambling Regulation Act 2003 substitute—
"(1)If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7Q, the Commission must refer to the Chief Commissioner of Police—
(a)details of the request of the Secretary; and
(b)a copy of any photograph, finger prints and palm prints obtained under section 10.4.7R; and
(c)any other information concerning the request that the Chief Commissioner of Police considers he or she needs to inquire into and report on the request.".
55Policy inquiry and report—applications for monitoring licence
For section 10.4.7ZB(1) of the Gambling Regulation Act 2003 substitute—
"(1)If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7Z, the Commission must refer to the Chief Commissioner of Police—
(a)details of the application; and
(b)a copy of any photograph, finger prints and palm prints obtained under section 10.4.7ZA; and
(c)any other information from or concerning the application that the Chief Commissioner of Police considers he or she needs to inquire into and report on the application.".
56Supreme Court—limitation of jurisdiction
(1)In section 11.1.7(1) of the Gambling Regulation Act 2003, for "sections 3.2.5 and 4.3.26(7)" substitute "section 3.2.5".
(2)Section 11.1.7(2) of the Gambling Regulation Act 2003 is repealed.
Division 2—Associates
57Definitions for purpose of Act
In section 1.3(1) of the Gambling Regulation Act 2003 insert the following definition—
"gambling industry participant means—
(a)a bingo centre operator; or
(b)a holder of a commercial raffle organiser's licence; or
(c)a gaming operator; or
(d)a holder of an interactive gaming licence; or
(e)the keno licensee; or
(f)the monitoring licensee; or
(g)a registered bookmaker; or
(h)a public lottery licensee; or
(i)a registered bookmaker's key employee; or
(j)a venue operator; or
(k)the wagering and betting licensee; or
(l)the holder of the wagering licence; or
(m)a person listed on the Roll;".
58Who is an associate?
(1)In section 1.4(1) of the Gambling Regulation Act 2003, for "person (the first person)" substitute "gambling industry participant".
(2)In section 1.4(1) of the Gambling Regulation Act 2003, for "first person" (wherever occurring) substitute "gambling industry participant".
(3)In section 1.4(2) of the Gambling Regulation Act 2003 omit "Division 3A of Part 4 of Chapter 3 (Regulation of Shareholding Interests of Gaming Operator) or Division 5 of Part 3 of Chapter 4 (Regulation of Shareholding Interests in Wagering and Gaming Licensee) or".
(4)For the note at the foot of section 1.4(2) of the Gambling Regulation Act 2003 substitute—
"Note
Section 4.3A.34A defines associate for the purposes of Division 6A of Part 3A of Chapter 4.".
59New Part 4A of Chapter 10 inserted
After Part 4 of Chapter 10 of the Gambling Regulation Act 2003 insert—
"PART 4A—MONITORING OF RELATIONSHIPS WITH ASSOCIATES
Division 1—Interpretation
10.4A.1Definitions
In this Part—
associate suitability criteria, in relation to an associate, or a person who may become an associate, of a gambling industry participant, means—
(a)whether the person is of good repute, having regard to character, honesty and integrity;
(b)whether the person is of sound and stable financial background;
(c)whether the person has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources;
listed corporation has the same meaning as in section 9 of the Corporations Act;
listed gambling industry participant means a gambling industry participant that is a listed corporation;
voting share in relation to a gambling industry participant, has the same meaning as in section 9 of the Corporations Act.
10.4A.2Relevant interests
For the purposes of this Part, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share because of sections 608 and 609 of the Corporations Act.
10.4A.3References to the Corporations Act
A reference in this Part to the Corporations Act is a reference to that Act as it would apply if references in that Act to a body corporate, corporation or company included references to—
(a)a body corporate of any kind wherever formed or incorporated and whether formed or incorporated under that Act or any other law; and
(b)any unincorporated body, being a society, association, company of proprietors or other body, wherever formed, that, under the law of its place of formation, may sue or be sued, or may hold property in the name of the secretary or some other officer of the society, association or body, or in the name of any trustee or trustees; and
(c)any unincorporated body, being a society, association, company of proprietors or other body or undertaking to which is applied, under the laws of the place of its formation, with or without exceptions, a law in force in that place relating to companies or corporations as if it were a company or corporation within the meaning of that Act.
Division 2—Notifications in relation to associates
10.4A.4Change in situation of gambling industry participants, associates etc.
(1)Whenever a change of a kind specified by the Commission in writing given to a person who is—
(a)a gambling industry participant; or
(b)an associate of a participant; or
(c)a nominee of a participant (if the participant is required under the Act to have a nominee)—
takes place in the situation existing in relation to that person, the person must notify the Commission in writing of the change within 14 days after it takes place.
Penalty:60 penalty units.
(2)A function of the Commission under this section may be performed by any commissioner.
10.4A.5Notification of Commission of persons who are likely to become associates
A gambling industry participant must notify the Commission in writing that a person is likely to become an associate of the participant of the kind referred to in section 1.4(1)(a) or (b) as soon as practicable after the participant becomes aware of the likelihood.
Penalty:60 penalty units.
10.4A.6Notification of Commission of persons who have become associates
A gambling industry participant must notify the Commission in writing of any person becoming an associate of the participant—
(a)of the kind referred to in section 1.4(1)(a) or (b); and
(b)in respect of whom no approval has been granted under section 10.4A.7—
within 7 days after becoming aware that the person has become an associate.
Penalty:60 penalty units.
Division 3—Commission approval
10.4A.7Prior Commission approval required before certain persons become associates
(1)A gambling industry participant must ensure that a person does not become an associate of the kind referred to in section 1.4(1)(a) or (b) except with the prior approval in writing of the Commission.
Penalty:60 penalty units.
(2)On application by a gambling industry participant, the Commission may grant its approval, but must not grant its approval unless satisfied that the person is suitable to be concerned in or associated with the gambling business of the gambling industry participant.
(3)In determining whether the person is a suitable person to be concerned in or associated with the gambling business of the gambling industry participant, the Commission must have regard to the associate suitability criteria.
(4)If the Commission refuses to grant its approval—
(a)the Commission must notify the gambling industry participant in writing; and
(b)to the extent that it is within the gambling industry participant's power to do so, the participant must ensure—
(i)that the person does not become an associate; or
(ii)if the person becomes or has become an associate, that the person ceases to be an associate of the licensee within 28 days after the licensee is notified by the Commission under paragraph (a).
(5)An approval under this section may be granted subject to any conditions that the Commission thinks fit.
Note
Division 1 of Part 4 of Chapter 10 provides for the investigation of an application to approve a person to become an associate of a gambling industry participant.
Division 4—Termination of associations, warnings and undertakings
10.4A.8Termination of association
(1)This section applies if—
(a)a person is an associate of a gambling industry participant within the meaning of section 1.4(1)(a) or (b); and
(b)the Commission, having regard to the associate suitability criteria, determines that the associate is unsuitable to be concerned in or associated with the gambling business of the gambling industry participant.
(2)The Commission may, by notice in writing, require the associate to terminate the association with the gambling industry participant.
(3)An associate who is given written notice under subsection (2) must terminate the associate's association with the gambling industry participant within 14 days or any longer period agreed with the Commission.
(4)If the association is not terminated within 14 days after the date of the notice referred to in subsection (2) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the gambling industry participant to take all reasonable steps to terminate the association.
(5)A gambling industry participant must comply with the direction under subsection (4) within 14 days or any longer period agreed with the Commission.
10.4A.9Written warnings and undertakings in relation to conduct of associates
(1)If the Commission determines that an associate of a gambling industry participant has engaged or is engaging in conduct that, in the Commission's opinion, is unacceptable for a person who is concerned in or associated with the gambling business of the gambling industry participant, the Commission may—
(a)issue a written warning to the associate that the conduct is unacceptable; or
(b)give written notice to the associate requiring the associate to give a written undertaking to the Commission, within the period specified in the notice, regarding the future conduct of the associate.
(2)If the associate fails to give an undertaking required under subsection (1)(b) or breaches an undertaking given under that provision, the Commission may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Commission, the association with the gambling industry participant.
(3)If the association is not terminated within 14 days after the date of the notice referred to in subsection (2) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the gambling industry participant to take all reasonable steps to terminate the association.
(4)A gambling industry participant must comply with the direction under subsection (3) within 14 days or any longer period agreed with the Commission.
Division 5—Forfeiture and sale of shares in gambling industry participants
10.4A.10Disposal, forfeiture etc. of shares
(1)This section applies if after considering a report under section 10.4A.14, the Minister considers that—
(a)a person who is the subject of the report has a relevant interest in shares in a listed gambling industry participant and because of that interest is an associate of the participant of the kind referred to in section 1.4(1)(a); and
(b)the person is not suitable to be concerned in or associated with the gambling business of the listed gambling industry participant (the unsuitable associate).
(2)The Minister may, by notice in writing served on—
(a)if the unsuitable associate holds voting shares in the listed gambling industry participant in which the unsuitable associate has a relevant interest—the unsuitable associate; or
(b)any other person who holds voting shares in the listed gambling industry participant in which the unsuitable associate has a relevant interest—
declare that the unsuitable associate or that other person must, within a period specified in the notice, dispose of the relevant number of those shares or a specified number of those shares not exceeding the relevant number.
(3)A period specified in a notice under subsection (2) must not be less than 3 months commencing on the day the notice is served.
(4)For the purposes of subsection (2), the relevant number of shares that an unsuitable associate or other person may be required by a notice under that subsection to dispose of is the number of shares held by the unsuitable associate or other person that would need to be so disposed of in order to cause the unsuitable associate to cease to be an associate of the listed gambling industry participant.
(5)For the purposes of this section, an unsuitable associate or other person is not to be taken to have disposed of shares in the listed gambling industry participant in which an unsuitable associate has a relevant interest unless and until the unsuitable associate or other person ceases to hold the shares and the unsuitable associate ceases to have a relevant interest in them.
(6)If an unsuitable associate or other person served with a notice of a declaration under subsection (2) requiring the associate or person to dispose of shares in the listed gambling industry participant fails to comply with the notice within the period specified in the notice, the shares to which the notice relates are, by force of this subsection, forfeited to the State.
(7)The Minister must cause written notice of a declaration under subsection (2) requiring an unsuitable associate or other person to dispose of shares in the listed gambling industry participant to be served on the listed gambling industry participant.
10.4A.11Sale of forfeited shares
(1)The Commission is to sell any shares forfeited to the State under this Division.
(2)For the purposes of any such sale, the Commission is not bound by any restriction on the sale of shares contained in the constitution of the gambling industry participant.
(3)Any money realised from the sale of forfeited shares under this section must, after deduction of the reasonable costs of the forfeiture and sale, be paid to the person from whom the shares were forfeited.
Division 6—Investigations for purposes of Divisions 4 and 5
10.4A.12Investigation of associates and others
(1)For the purposes of Divisions 4 and 5, the Commission may from time to time investigate—
(a)an associate, a person likely to become an associate, or a person the Commission suspects is an associate of a gambling industry participant; or
(b)any person, body or association having a business association with an associate of a gambling industry participant.
(2)The Commission—
(a)may require an associate, a person likely to become an associate or a person the Commission suspects is an associate to consent to having his or her photograph, finger prints and palm prints taken; and
(b)must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police.
(3)A function of the Commission under this section may be performed by any commissioner.
10.4A.13Provision of information to Commission
(1)For the purpose of any investigation under this Division, the Commission may, by notice in writing, require a regulated person—
(a)to provide the Commission or an authorised person, in accordance with directions in the notice, with any information as is specified in the notice that is—
(i)relevant to the regulated person; or
(ii)relevant to the gambling business of the gambling industry participant; or
(iii)otherwise required by the Commission; or
(b)to produce to the Commission or an authorised person, in accordance with the directions in the notice, any records or documents specified in the notice that are—
(i)relevant to the regulated person; or
(ii)relevant to the gambling business of the gambling industry participant; or
(iii)otherwise required by the Commission—
and to permit examination of those records or documents, the taking of extracts from them and the making of copies of them; or
(c)to attend before the Commission or an authorised person for examination, and to answer questions, in relation to any matters—
(i)relevant to the regulated person; or
(ii)relevant to the gambling business of the gambling industry participant; or
(iii)otherwise required by the Commission.
(2)If records or documents are produced under this section, the Commission or authorised person to whom they are produced may retain possession of the records or documents for such period as may reasonably be necessary to permit examination of the records or documents, the taking of extracts from them and the making of copies of them.
(3)At any reasonable times during the period for which records or documents are retained, the Commission or authorised person must permit inspection of the records or documents by a person who would be entitled to inspect them if they were not in the possession of the Commission or an authorised person.
(4)A person incurs, with a requirement of a notice under this section, no liability for breach of contract, breach of confidence or any other civil wrong.
(5)In this section—
regulated person means—
(a)a gambling industry participant; or
(b)a person who in the opinion of the Commission is an associate of a gambling industry participant.
10.4A.14Reports to Minister
(1)The Commission must make a written report to the Minister on any investigation under this Division if after that investigation the Commission considers that—
(a)a person has a relevant interest in the shares in a listed gambling industry participant and because of that interest is an associate of the listed gambling industry participant of the kind referred to in section 1.4(1)(a); and
(b)the person is not suitable to be concerned in or associated with the gambling business of the listed gambling industry participant.
(2)The report must contain—
(a)an explanation of the relevant interest the person has in the listed gambling industry participant and how, by having that interest, the person is an associate of the listed gambling industry participant; and
(b)the reasons why the Commission considers that the person is not suitable to be concerned in or associated with the gambling business of the listed gambling industry participant.".
60Investigations and inquiries for approval of associates
(1)For section 10.4.1(cb) of the Gambling Regulation Act 2003 substitute—
"(cb)an application for approval to become an associate of a gambling industry participant under section 10.4A.7;".
(2)For section 10.4.2(2)(a)(vi) of the Gambling Regulation Act 2003 substitute—
"(vi)approval to become an associate of a gambling industry participant under section 10.4A.7;".
(3)For section 10.4.3(3)(a)(v) of the Gambling Regulation Act 2003 substitute—
"(v)approval to become an associate of a gambling industry participant under section 10.4A.7;".
(4)For section 10.4.4(3)(a)(v) of the Gambling Regulation Act 2003 substitute—
"(v)approval to become an associate of a gambling industry participant under section 10.4A.7;".
(5)For section 10.4.5(3)(a)(v) of the Gambling Regulation Act 2003 substitute—
"(v)approval to become an associate of a gambling industry participant under section 10.4A.7;".
(6)For section 10.4.6(5)(f) of the Gambling Regulation Act 2003 substitute—
"(f)approval to become an associate of a gambling industry participant under section 10.4A.7;".
61Consequential repeals
(1)Division 3A of Part 4 of Chapter 3 of the Gambling Regulation Act 2003 is repealed.
(2)Part 8 of Chapter 3 of the Gambling Regulation Act 2003 is repealed.
(3)Division 5 of Part 3 of Chapter 4 of the Gambling Regulation Act 2003 is repealed.
(4)Part 6 of Chapter 5 of the Gambling Regulation Act 2003 is repealed.
(5)Part 7 of Chapter 7 of the Gambling Regulation Act 2003 is repealed.
(6)Sections 4.3.30, 4.3.30A, 4.3.30B, 4.3.30C, 4.3A.25, 4.5A.17, 5.7.17, 6A.3.25, 8.5.39, 8.5.40, 8.5.41, 8.5A.20, 8.5A.21 and 8.5A.22 of the Gambling Regulation Act 2003 are repealed.
__________________
Part 3—Amendment of the Gambling Regulation Further Amendment Act 2009
62Application for approval of premises
In section 12(2) of the Gambling Regulation Further Amendment Act 2009, for proposed section 3.3.4(3)(bb) of the Gambling Regulation Act 2003 substitute—
"(bb)evidence that the owner or a person authorised by the owner has complied with section 3.3.5; and".
63New section 13 substituted
For section 13 of the Gambling Regulation Further Amendment Act 2009 substitute—
'13 New section 3.3.5 substituted and new sections 3.3.5AA, 3.3.5AB, 3.3.5A and 3.3.5B inserted
For section 3.3.5 of the Principal Act substitute—
"3.3.5 Proposed application must be given to relevant responsible authority before application is made
The owner of premises or a person authorised by the owner who proposes to apply under section 3.3.4 for approval of the premises as suitable for gaming must give to the relevant responsible authority within the meaning of the Planning and Environment Act 1987 a copy of the proposed application before making the application under that section.
3.3.5AACommission to notify relevant responsible authority of receipt of application
The Commission, on receiving an application under section 3.3.4, must notify the relevant responsible authority in writing that it has received the application.
3.3.5ABAmendment of application for premises approval
(1)An applicant may amend an application made under section 3.3.4 for the approval of premises as suitable for gaming before the Commission determines the application under section 3.3.8. The applicant may do so by submitting the application, with the amendments, to the Commission.
(2)The applicant must also give a copy of the application, as amended, to the relevant responsible authority on the same day the applicant submits the amended application to the Commission.
3.3.5ANo change permitted to number of gaming machines sought in application after certain period
Despite section 3.3.5AB, the applicant cannot, in an amended application submitted under that section, change the number, stated in the application, of gaming machines sought to be permitted on the premises for gaming once the first 30 days after giving the relevant responsible authority a copy of the proposed application under section 3.3.5 elapse.
3.3.5BRelevant responsible authority must notify Commission of intention to make submission
The relevant responsible authority must notify the Commission in writing as to whether it intends to make a submission under section 3.3.6 in respect of any application or amended application within 37 days after receiving a notice under section 3.3.5AA or a copy of the amended application under section 3.3.5AB(2), as the case may be.".'.
64Responsible authority may make submission
In section 14(2) of the Gambling Regulation Further Amendment Act 2009, in proposed section 3.3.6(3) of the Gambling Regulation Act 2003, for "receives a copy of the proposed application under section 3.3.5(1)" substitute "receives a notice under section 3.3.5AA or a copy of an amended application under section 3.3.5AB(2), as the case may be".
65Determination of application
(1)For section 16 of the Gambling Regulation Further Amendment Act 2009 substitute—
'16 Determination of application
After section 3.3.8(1) of the Principal Act insert—
"(1A)The Commission must use its reasonable endeavours to determine an application within the required period.
(1B)For the purposes of subsection (1A) the required period is—
(a)60 days after receiving a notification from the relevant responsible authority under section 3.3.5B that it does not intend to make a submission under section 3.3.6 (whether or not a submission has been made on the application before the application was amended);
(b)if a submission is made by the authority under section 3.3.6 and no amendment in respect of the application has been submitted to the Commission, 60 days after the making of the submission;
(c)if an amendment in respect of the application has been submitted to the Commission and a submission has been made by the authority under section 3.3.6 in relation to the application as amended, 60 days after the making of the submission.
(1C)Subsection (1B)(c) applies even if the relevant responsible authority has made a submission under section 3.3.6 on the application before the application was amended.
(1D)If the Commission does not determine the application within the required period specified under subsection (1A), the Commission is to be taken to have refused to grant the approval.".'.
66Section 21 substituted
For section 21 of the Gambling Regulation Further Amendment Act 2009 substitute—
'21 Proposal of amendment by operator
For section 3.4.18(2) of the Principal Act substitute—
"(2)If the request is for an amendment to increase the number of gaming machines permitted in an approved venue, the venue operator must give the municipal council of the municipal district in which the approved venue is located a copy of the proposed request before submitting the request to the Commission.
(2A)If the request is for an amendment to increase the number of gaming machines permitted in an approved venue, unless the Commission considers there are exceptional circumstances, the venue operator must submit the request to the Commission within 3 days after giving a copy of the proposed request to the municipal council under subsection (2).
(2B)If the Commission considers there are exceptional circumstances, the Commission, by written notice given to the venue operator, may extend the period of time within which the venue operator may submit the request.".'.
67Section 22 substituted
For section 22 of the Gambling Regulation Further Amendment Act 2009 substitute—
'22 New sections 3.4.18A, 3.4.18B and 3.4.18C inserted
After section 3.4.18 of the Principal Act insert—
"3.4.18A Commission to notify municipal council of receipt of proposal
The Commission, on receiving a request for amendment by a venue operator to increase the number of gaming machines permitted in an approved venue under section 3.4.17(4), must notify the municipal council of the municipal district in which the approved venue is located in writing that it has received the request.
3.4.18BAmendment of proposal to increase number of gaming machines permitted in an approved venue
(1)A venue operator who has requested an amendment to increase the number of gaming machines permitted in an approved venue under section 3.4.17(4) may only amend the request within 30 days after giving the municipal council of the municipal district in which the approved venue is located a copy of the proposed request under section 3.4.18(2). The venue operator may do so by submitting the request, with the amendments, to the Commission.
(2)The venue operator must also give a copy of the request, as amended, to the municipal council on the same day the venue operator submits the request to the Commission.
3.4.18CMunicipal council must notify Commission of intention to make submission
The municipal council must notify the Commission in writing as to whether it intends to make a submission under section 3.4.19 in respect of any request or amended request within 37 days after receiving a notice under section 3.4.18A or a copy of the amended request under section 3.4.18B(2), as the case may be.".'.
68Submissions on proposed amendments
(1)In section 23(1) of the Gambling Regulation Further Amendment Act 2009, for proposed section 3.4.19(1A) of the Gambling Regulation Act 2003 substitute—
"(1A)Unless the Commission considers there are exceptional circumstances, a submission must be made within 60 days after the municipal council receives notice under section 3.4.18A or a copy of an amended request under section 3.4.18B(2), as the case may be.".
(2)In section 23(1) of the Gambling Regulation Further Amendment Act 2009, in proposed section 3.4.19(1B) of the Gambling Regulation Act 2003 omit "or there is a change, in the request for an amendment, to the number of gaming machines sought to be permitted in the premises for gaming,".
69Section 24 substituted
For section 24 of the Gambling Regulation Further Amendment Act 2009 substitute—
'24 Determination of application
After section 3.4.20(2) of the Principal Act insert—
"(2A)In the case of a proposed amendment to increase the number of gaming machines permitted in an approved venue, the Commission must use its reasonable endeavours to decide whether to make the proposed amendment within the required period.
(2B)For the purposes of subsection (2A) the required period is—
(a)60 days after receiving notification from the municipal council under section 3.4.18C that it does not intend to make a submission under section 3.4.19 (whether or not a submission has been made on the request before the request was amended);
(b)if a submission is made by the municipal council under section 3.4.19 and no amendment in respect of the request has been submitted to the Commission, 60 days after the making of the submission;
(c)if an amendment in respect of the request has been submitted to the Commission and a submission has been made by the municipal council under section 3.4.19 in relation to the request as amended, 60 days after the making of the submission.
(2C)Subsection (2B)(c) applies even if the municipal council has made a submission under section 3.4.19 on the request before the request was amended.
(2D)If the Commission does not make a decision within the required period specified under subsection (2A), the Commission is taken to have refused to make the proposed amendment.".'.
70Amendment of public lottery licence
Section 85(2) of the Gambling Regulation Further Amendment Act 2009 is repealed.
71Public hearings for amendments to venue operators' licences to increase gaming machine numbers
In section 108 of the Gambling Regulation Further Amendment Act 2009, for proposed section 10.1.22(2)(c)(iiia) of the Gambling Regulation Act 2003 substitute—
"(iiia)increase the number of gaming machines permitted in an approved venue within 2 years after the Commission has approved an increase of not more than 10% in the number of gaming machines permitted in the venue;".
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Part 4—Amendment of the Casino Control Act 1991
72Cancellation, suspension or variation of casino licence
In section 20(1) of the Casino Control Act 1991, in paragraph (b) of the definition of grounds for disciplinary action after "this Act" insert "or the Gambling Regulation Act 2003".
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Part 5—Amendment of the Confiscation Act 1997
73Amendment of Schedule 1
In item 10(q) of Schedule 1 to the Confiscation Act 1997 omit "and minor gaming permit".
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Part 6—Repeal of Amending Act
74Repeal of Act
This Act is repealed on 1 September 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: 15 April 2010
Legislative Council: 24 June 2010
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 Casino Control Act 1991, the Confiscation Act 1997 and for other purposes."
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