Untitled document

Gambling Regulation Amendment (Licensing) Act 2009

No. 29 of 2009

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—New Monitoring Licence and Gaming Machine Entitlements and Other Gaming Amendments

4Definitions

5New definitions inserted for the purpose of Chapter 3

6Conduct of gaming and playing gaming machines

7New section 3.1.6A inserted

3.1.6AApplication of Chapter to tabaret premises

8Legality of gaming machine gaming

9Ministerial directions as to requirements for gaming machines

10New Part 2A of Chapter 3 inserted

Part 2A—Ownership and related person Restrictions

Division 1—Interpretation

3.2A.1Definitions

Division 2—Ownership and related person licensee restrictions

3.2A.2Restrictions for venue operators and related persons

3.2A.3Monitoring restrictions for persons listed on the Roll
and related persons

3.2A.4Other restrictions for persons listed on the Roll and related persons

3.2A.5Restrictions for the monitoring licensee and related persons

3.2A.6Restrictions for a casino operator

Division 3—Gaming machine entitlement prohibited
interests

3.2A.7Prohibited interests in gaming machine entitlements

11Licensing of operators

12New section 3.4.1A inserted

3.4.1AVenue operator's licence is not a gaming operator's licence or gaming licence

13New sections 3.4.3 to 3.4.4A inserted

3.4.3Application of Part—gaming operator's licences

3.4.4Authority conferred by monitoring licence

3.4.4AMonitoring licence is not a gaming operator's licence
or gaming licence

14Authority conferred by listing on the Roll

15Application for venue operator's licence

16New section 3.4.9 substituted

3.4.9Gaming operator may be granted a hotel venue
operator's licence

17Matters to be considered in determining applications

18Venue operator's licences

19Disciplinary action against venue operator

20Letter of censure

21New section 3.4.27A inserted

3.4.27ANo authority to conduct gaming if venue operator's licence suspended or cancelled

22New Division 2A of Part 4 of Chapter 3 inserted

Division 2A—Venue operators and venue agreements

3.4.28ADefinitions

3.4.28BCommission may declare certain agreements to be reviewable venue agreements

3.4.28CEntering into prohibited venue agreement prohibited

3.4.28DProhibited venue agreements are void

3.4.28ECommission may issue written notice directing venue operators to give it copies of reviewable venue agreements

3.4.28FNo compensation payable

23New Division 4 inserted in Part 4 of Chapter 3

Division 4—Monitoring licence

3.4.38Definitions

3.4.39One licence

3.4.40Minister may invite applications

3.4.41Secretary may report on suitability of persons Minister
is considering to invite to apply for licence

3.4.42Application for monitoring licence

3.4.43Report to Minister by Secretary on applications

3.4.44Determination of applications

3.4.45Prohibition on improper interference

3.4.46Issue of licence

3.4.47Licence conditions

3.4.48Related agreements

3.4.49Responsible gambling directions

3.4.50Duration of licence

3.4.51Extension of licence

3.4.52Licence may authorise preparatory action

3.4.53Publication and tabling

3.4.54Engaging contractors and appointing agents to assist with monitoring

3.4.55Transfer only under this Division

3.4.56Application to transfer licence

3.4.57Transfer of monitoring licence

3.4.58Report to Minister by Commission

3.4.59Related agreements

3.4.59APublication and tabling

3.4.59BRequest by licensee for amendment of licence

3.4.59CAmendment of licence

3.4.59DGrounds for disciplinary action

3.4.59ECommission may take or recommend disciplinary action

3.4.59FMinister may take disciplinary action

3.4.59GSuspension of licence pending criminal proceedings

3.4.59HEffect of licence suspension

3.4.59ITemporary monitoring licence

3.4.59JReport to Minister by Commission

3.4.59KArrangements with former licensee

3.4.59LFurther provisions for temporary licence

3.4.59MSecretary may require further information

3.4.59NUpdating information provided to Secretary

3.4.59OUpdating information provided to Minister regarding licence application

3.4.59PUpdating licence transfer application

24Roll of manufacturers, suppliers and testers

25New Part 4A inserted in Chapter 3

Part 4A—Gaming machine entitlements

Division 1—Requirement to hold gaming machine entitlements and authority conferred by them

3.4A.1Requirement to hold gaming machine entitlements

3.4A.2Authority conferred by gaming machine entitlements

Division 2—Gaming machine entitlement allocation and transfer rules

3.4A.3Gaming machine entitlement allocation and transfer rules

3.4A.4Directions to the Commission in relation to allocation and transfers of gaming machine entitlements

Division 3—Creation and allocation of gaming machine entitlements

3.4A.5Minister may create and allocate gaming machine entitlements

3.4A.6Related agreements

3.4A.7Duration of gaming machine entitlements

3.4A.8Gaming machine entitlements to be noted on Register

3.4A.9Gaming machine entitlements may authorise
preparatory action

3.4A.10States rights in relation to allocated gaming machine entitlements

3.4A.11No entitlement to or legitimate expectation of approval of venue

Division 4—Amendment of gaming machine entitlement conditions

3.4A.12Request for amendment of geographic area condition
or venue condition

3.4A.13Commission decision on the request

3.4A.14Commission must record amendment in Register

Division 5—Transfer of gaming machine entitlements

3.4A.15Fee payable for gaming machine entitlement
transfers

3.4A.16Gaming machine entitlements cannot be transferred
to persons other than venue operators

3.4A.17Gaming machine entitlements must be transferred in accordance with allocation and transfer rules

3.4A.18Gaming machine entitlements that are transferred before specified date

3.4A.19Exemption from requirement to pay 50% of
prescribed profit earned on transfer

3.4A.20Hospitals and Charities Fund

Division 6—Forfeiture of gaming machine entitlements not used for conduct of gaming

3.4A.21Definition

3.4A.22Meaning of relevant holding period

3.4A.23Gaming under gaming machine entitlements must be commenced within relevant holding period

3.4A.24Gaming machine entitlements forfeited to State if gaming not commenced within relevant holding
period

3.4A.25Commission may extend relevant holding period

Division 7—Forfeiture of gaming machine entitlements following disciplinary action, surrender of licence or expiry

3.4A.26Gaming machine entitlements forfeited if venue operator's licence cancelled, surrendered or not renewed

Division 8—Forfeiture of gaming machine entitlements following default under related agreement

3.4A.27Gaming machine entitlements forfeited if venue operator defaults under related agreement

Division 9—Extinguishment of interests and rights in
gaming machine entitlements

3.4A.28Extinguishment

3.4A.29No compensation payable because of extinguishment

Division 10—Forfeited gaming machine entitlements

3.4A.30Application of Division

3.4A.31No compensation payable because of forfeiture of gaming machine entitlements

3.4A.32Amounts owed to the State in relation to gaming machine entitlements become immediately payable

3.4A.33Payment of proceeds from forfeited gaming machine entitlements that are allocated again

26New Division 1AA inserted into Part 5 of Chapter 3

Division 1AA—Interpretation

3.5.1AADefinition

27Consequential amendments to Part 5 of Chapter 3—References to venue operators that hold gaming machine entitlements

28Consequential amendments—References to monitoring licensee in Part 5 of Chapter 3

29New section 3.5.17B inserted

3.5.17BGaming machines must be connected to approved electronic monitoring system

30Returns to players

31New section 3.6.5A inserted

3.6.5AVenue operators to pay supervision charge

32New sections 3.6.6A and 3.6.6B inserted

3.6.6ATaxation in relation to gaming in approved venues with pub licences

3.6.6BTaxation in relation to gaming in approved venues with club licences

33Hospitals and charities and mental health levy

34Payment to Community Support Fund

35Interest on late payment

36Appeals

37Investigation of licence applications

38Functions of the Commission

39General investigatory powers of the Commission—Definitions

40General investigations

41New Divisions 1C and 1D inserted in Part 4 of Chapter 10

Division 1C—Investigations of persons for suitability for invitation, and to apply, for monitoring licence

10.4.7PDefinitions

10.4.7QInvestigations and inquiries

10.4.7RPhotographs, finger prints and palm prints

10.4.7SPolice inquiry and report

10.4.7TCommission may require further information

10.4.7UUpdating information

10.4.7VCosts of investigating

10.4.7WService agreement

10.4.7XPowers of Secretary

Division 1D—Investigations of applications for monitoring licence

10.4.7YDefinitions

10.4.7ZInvestigations and inquiries

10.4.7ZAPhotographs, finger prints and palm prints

10.4.7ZBPolice inquiry and report

10.4.7ZCCommission may require further information

10.4.7ZDUpdating information

10.4.7ZECosts of investigating

10.4.7ZFService agreement

10.4.7ZGPowers of Secretary

42Investigation of licence transfers etc

43Tabaret premises

Part 3—Betting Exchanges, Wagering and
Betting and Simulated Racing Events

44Definitions

45Who is an associate?

46Non-application of section 2.4.1 (gaming and wagering
contracts are void)

47New Division 4A of Part 5 of Chapter 2 inserted

Division 4A—Betting exchanges

2.5.14AOffence in relation to conducting betting exchange

2.5.14BBetting by way of a betting exchange lawful

48Purpose of Chapter 4

49Definitions in Chapter 4

50New section 4.2.1A inserted

4.2.1AConduct of betting exchanges

51New section 4.2.4A inserted

4.2.4ABetting exchange rules

52Disallowance of betting exchange rules

53New section 4.2.7 inserted

4.2.7Commission may direct wagering and betting licensee
to deal with certain bets

54New Division 3 of Part 2 of Chapter 4 inserted

Division 3—Conduct of wagering and betting by wagering and betting licensee

4.2.8Acceptance of wagers and bets

4.2.9Agents of licensee

4.2.10Investigation of complaints

4.2.11Termination of certain agent agreements

55Authority of wagering and betting licensee—approved
simulated racing events and betting exchange activities

56Temporary wagering and betting licence

57New Divisions 6A to 6C of Part 3A of Chapter 4 inserted

Division 6A—Betting exchanges

4.3A.34ADefinitions

4.3A.34BApproval of telecommunication devices by Commission

4.3A.34CLicensee not to enable betting by way of a betting exchange on races, competitions or events without relevant consent

4.3A.34DLicensee must conduct a betting exchange by way
of certain telecommunication devices

4.3A.34ECommission or controlling body may request information

4.3A.34FCompliance with information notice

4.3A.34GOffences by the wagering and betting licensee as operator of betting exchange

4.3A.34HOffence by direct participant

4.3A.34IOffence by a person who has an interest in the outcome of a brokered betting event

4.3A.34JOffence by the owner of a horse to bet through
betting exchange

4.3A.34KOffence by the owner of a greyhound to bet
through betting exchange

Division 6B—Requirements in relation to registered
players

4.3A.34LRegistered players

4.3A.34MWagering and betting funds of registered players

4.3A.34NDisclosure of names of registered players

Division 6C—Requirements in relation to approved simulated racing events

4.3A.34OAccepted bets on approved simulated racing events must be in particular form

4.3A.34PWinnings on approved simulated racing events
must be paid in cash or cheque

58New definition inserted for purposes of Part 5 of Chapter 4

59New Division 3A of Part 5 of Chapter 4 inserted

Division 3A—Approval of simulated racing events

4.5.11AApproval of simulated racing events for betting purposes

4.5.11BWhat must Commission consider in approving simulated racing events?

4.5.11CNotice and publication requirements

4.5.11DVariation and revocation of approval

4.5.11EApproval does not limit Minister's power to
approve keno game under Chapter 6A

60Wagering tax

61Approved betting competition tax

62New Divisions 2A and 2B of Part 6 of Chapter 4 inserted

Division 2A—Approved simulated racing events

4.6.6ATax—Approved simulated racing events

Division 2B—Betting exchanges

4.6.6BTax—Betting exchange commissions

Part 4—Other Amendments

Division 1—Gaming machine advertising prohibitions and restrictions

63New gaming machine advertising prohibitions and responsible gambling sign requirements

3.5.34AAProhibition on publishing gaming machine
advertising by or on behalf of venue operators
and casino operators

3.5.34ABProhibition on publishing gaming machine
advertising by or on behalf of gaming operators

3.5.35AResponsible gambling signs

64Gaming machine advertising

Division 2—Trade promotion lotteries

65Conditions relating to trade promotion lotteries

66New section 5.7.16AA inserted

5.7.16AADefinitions

67New section 5.7.16A inserted

5.7.16AGaming operator must not conduct trade promotion lotteries in relation to gaming

68New sections 5.7.18A and 5.7.18B inserted

5.7.18AGaming machine play restrictions to be included
trade promotion lottery advertisements

5.7.18BCommission determinations about the manner of display of gaming machine play restrictions

Division 3—Keno licence and keno games

69New definition of keno game substituted

70Keno licence

71New section 6A.2.4A inserted

6A.2.4ATermination of certain agent agreements

72New Part 2A of Chapter 6A inserted

Part 2A—Approval of Games as Keno Games

6A.2A.1Approval of keno games for betting purposes

6A.2A.2Notice and publication requirements

6A.2A.3Variation and revocation of approval

6A.2A.4Approval does not limit Commission's power to approve simulated racing events under Chapter 4

73Temporary keno licence

Division 4—Savings and transitionals

74Transitional provision—Approved betting competitions

75Transitional arrangements—New Part 22 inserted into
Schedule 7

PART 22—GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009

22.1Current venue operator's licences

22.1AExisting venue operator's licences to be club venue operator's licences or hotel venue operator's licences

22.1BMinister's power to make directions relating to gaming machine numbers to continue until specified date

22.1CCurrent Ministerial directions relating to gaming machine numbers

22.2Approved betting competitions that are live events

76Transitional arrangements—gaming machine advertising

22.3Gaming machine advertising and signs—venue
operators and casino operators

22.4Gaming machine advertising and signs—gaming operators

22.5Gaming machine advertising and signs—gaming operators

77Transitional arrangements—trade promotion lotteries

22.6Trade promotion lotteries

Division 5—Placement of automatic teller machines

78New Subdivision heading inserted

79New Subdivision inserted into Division 3 of Part 5 of
Chapter 3

Subdivision 2—Automatic teller machine measures

3.5.33BDefinitions

3.5.33CAutomatic teller machines prohibited in approved venues not on racecourses

3.5.33DLimiting placement of automatic teller machines on racecourses

3.5.33EApplication for approval

3.5.33FApprovals

3.5.33GMinisterial directions as to approvals

3.5.33HConditions of approvals

3.5.33IAmendment of conditions of approvals—
Applications by venue operators

3.5.33JReview of approvals

3.5.33KAmendment of conditions of approvals—By the Commission

3.5.33LFunctions and powers under this Subdivision may
be performed or exercised by a single
Commissioner

3.5.33MAppeal

80Repeal of certain automatic teller machine measures

81Casino Control Act 1991—automatic teller machine
measures

81AAALimiting placement of automatic teller machines

Division 6—Pre-commitment mechanism requirements

82New sections 3.4.31A and 3.4.31B inserted

3.4.31APre-commitment mechanisms required for
prescribed gaming machines—1 December 2010
to 30 November 2015

3.4.31BPre-commitment mechanisms required for gaming machines—from 1 December 2015

83New subject matter for regulations inserted

Division 7—Miscellaneous

84Statute law revision

Part 5—Repeal of Amending Act

85Repeal of Amending Act

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Endnotes

Gambling Regulation Amendment (Licensing) Act 2009

No. 29 of 2009

[Assented to 23 June 2009]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

(1)The main purpose of this Act is to amend the Gambling Regulation Act 2003—

(a)to substantially restructure the gaming industry by—

(i)providing for a new licence for the monitoring of the conduct of gaming; and

(ii)providing for the creation and allocation of gaming machine entitlements under which gaming by means of gaming machines will be authorised; and

(iii)imposing certain ownership and related person restrictions in relation to licensees and persons on the Roll; and

(b)to authorise the conduct of a betting exchange; and

(c)to make further provision in relation to simulated games and simulated racing events; and

(d)to make further provision in relation to the placement of automatic teller machines in approved venues; and

(e)to make provision in relation to gaming machine pre-commitment mechanisms; and

(f)to otherwise improve the operation of that Act.

(2)The purpose of this Act is also to amend the Casino Control Act 1991 to make further provision in relation to the placement of automatic teller machines in a casino.

2Commencement

(1)This Act (except sections 63 and 64, Division 2 of Part 4, sections 76 and 77 and Division 5 of Part 4) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to this section, sections 63 and 64, Division 2 of Part 4, and sections 76 and 77 come into operation on a day or days to be proclaimed.

(3)If section 63(1) or 64, or a provision in Division 2 of Part 4 or section 76 or 77 does not come into operation before 1 January 2010, it comes into operation on that day.

(4)If section 63(2), (3), (4) or (5) does not come into operation before 1 July 2012, it comes into operation on that day.

(5)Subject to subsection (6), Division 5 of Part 4 comes into operation on a day to be proclaimed.

(6)If Division 5 of Part 4 does not come into operation before 1 July 2012, it comes into operation on that day.

3Principal Act

In this Act, the Gambling Regulation Act 2003 is called the Principal Act.

__________________

Part 2—New Monitoring Licence and Gaming Machine Entitlements and Other Gaming Amendments

4Definitions

(1)In section 1.3(1) of the Principal Act, insert the following definitions—

"authorising officer, of a club that is—

(a)a company, means the company's secretary;

(b)a co-operative (within the meaning of the Co-operatives Act 1996), means the secretary of the co-operative;

(c)an incorporated association (within the meaning of the Associations Incorporation Act 1981), means the public officer or secretary of the association;

club gaming machine entitlement means a gaming machine entitlement that is subject to a venue condition that authorises the conduct of gaming in an approved venue in respect of which a club licence or racing club licence is in force;

constituting document, of a club that is—

(a)a company, means the constitution of the company;

(b)a co-operative (within the meaning of the Co-operatives Act 1996), means the rules of the co-operative;

(c)an incorporated association (within the meaning of the Associations Incorporation Act 1981), means the rules of the association;

hotel gaming machine entitlement means a gaming machine entitlement that is subject to a venue condition that authorises the conduct of gaming in an approved venue in respect of which a pub licence is in force;

pre-commitment mechanism means a prescribed mechanism or system that allows a person to set a time limit or net loss limit before that person plays a gaming machine;".

gaming machine entitlement means an entitlement created under Part 4A of Chapter 3;

gaming machine entitlement declared day, in relation to a gaming machine entitlement, means the day declared by the Minister under section 3.4A.1 in relation to that entitlement;

monitoring licence means the licence granted under Division 4 of Part 4 of Chapter 3;

monitoring licensee means the holder of the monitoring licence;".

(2)In section 1.3(1) of the Principal Act, for the definition of venue operator's licence substitute—

"venue operator's licence means a club venue operator's licence or a hotel venue operator's licence issued under Division 2 of Part 4 of Chapter 3;

5New definitions inserted for the purpose of Chapter 3

(1)In section 3.1.2 of the Principal Act, insert the following definitions—

"gaming machine entitlement allocation and transfer rules means rules made under section 3.4A.3;

geographic area condition means a condition imposed on a gaming machine entitlement under section 3.4A.5(2)(a);

significant event, in relation to a monitoring system, a gaming machine, linked jackpot equipment or a communications system or device associated with a monitoring system, a gaming machine or linked jackpot equipment, means—

(a)a breach or failure of the physical security of the monitoring system, gaming machine or linked jackpot equipment, or the communications system or device; or

(b)a breach or failure of the electronic or software systems of the monitoring system, gaming machine or linked jackpot equipment, or the communications system or device; or

(c)an unauthorised modification or interference with the monitoring system, gaming machine or linked jackpot equipment, or the communications system or device; or

(d)unauthorised access or attempted access (whether by electronic or other means) of the monitoring system, gaming machine or linked jackpot equipment, or the communications system or device; or

(e)an event that is prescribed to be a significant event;

significant game play transaction means—

(a)the winning of a jackpot prize; or

(b)the winning of a prize of or higher than the amount approved by the Commission under section 3.5.4(3) in respect of the type of game played; or

(c)any bet or gaming machine credit of or higher than the amount approved by the Commission under section 3.5.4(3) in respect of the type of game played; or

(d)a transaction that is prescribed to be a significant game play transaction;

venue condition means a condition imposed on a gaming machine entitlement under section 3.4A.5(2)(b).".

(2)In section 3.1.2 of the Principal Act, the definition of State limit is repealed.

6Conduct of gaming and playing gaming machines

(1)In section 3.1.4(2) of the Principal Act, omit "(other than an employee of a gaming operator or the holder of a gaming industry employee's licence in the performance of his or her duties)".

(2)After section 3.1.4(2) of the Principal Act insert—

"(3)Subsection (2) does not apply to an employee of a gaming operator, a venue operator or the monitoring licensee, or the holder of a gaming industry employee's licence, in the lawful performance of his or her duties.".

7New section 3.1.6A inserted

After section 3.1.6 of the Principal Act insert—

"3.1.6A   Application of Chapter to tabaret premises

On and after a gaming machine entitlement declared day that applies to a gaming machine entitlement under which gaming is conducted in an approved venue that is a tabaret premises, this Chapter applies to the tabaret premises as if they were an approved venue in respect of which a pub licence were in force.".

8Legality of gaming machine gaming

In section 3.2.1 of the Principal Act—

(a)at the foot of subsection (1) insert—

"Note

Part 4A requires a venue operator to hold gaming machine entitlements to conduct gaming in an approved venue on or after a gaming machine entitlement declared day or days that apply to those entitlements.";

(b)in subsection (2), after "licences" insert

"and gaming machine entitlements".

9Ministerial directions as to requirements for gaming machines

Section 3.2.3(1)(b), (c) and (e) of the Principal Act is repealed.

10New Part 2A of Chapter 3 inserted

After Part 2 of Chapter 3 of the Principal Act insert—

"Part 2A—Ownership and related person Restrictions

Division 1—Interpretation

3.2A.1Definitions

In this Part—

entitlement holder means a venue operator that is the holder of a gaming machine entitlement;

prescribed connection means—

(a)a prescribed interest (legal or equitable) in or in relation to an entitlement holder; or

(b)a prescribed right or power in relation to an entitlement holder; or

(c)a prescribed common person employed or engaged by 2 or more entitlement holders; or

(d)a prescribed relationship between prescribed persons employed or engaged by an entitlement holder or 2 or more entitlement holders; or

(e)a prescribed relationship between a person employed or engaged by an entitlement holder and another person; or

(f)a prescribed agreement or arrangement between entitlement holders or an entitlement holder and another person; or

(g)a prescribed agreement or arrangement between prescribed persons employed or engaged by an entitlement holder or 2 or more entitlement holders.

Division 2—Ownership and related person licensee restrictions

3.2A.2Restrictions for venue operators and related persons

(1)This section applies to—

(a)a venue operator;

(b)an associate of a venue operator;

(c)a subsidiary of a venue operator;

(d)a related body corporate of a venue operator.

(2)A person to whom this section applies must not be—

(a)a person listed on the Roll; or

(b)a holder of the monitoring licence; or

(c)an associate, subsidiary or related body corporate of a person listed on the Roll; or

(d)an associate, subsidiary or related body corporate of a holder of the monitoring licence.

3.2A.3Monitoring restrictions for persons listed on the Roll and related persons

(1)This section applies to—

(a)a person listed on the Roll who—

(i)manufactures approved gaming machines or restricted components; or

(ii)supplies testing services;

(b)an associate, subsidiary or related body corporate of a person referred to in paragraph (a).

(2)A person to whom this section applies must not be—

(a)a holder of the monitoring licence; or

(b)an associate of a holder of the monitoring licence; or

(c)a subsidiary of a holder of the monitoring licence; or

(d)a related body corporate of a holder of the monitoring licence.

3.2A.4Other restrictions for persons listed on the Roll and related persons

(1)This section applies to—

(a)a person listed on the Roll;

(b)an associate, subsidiary or related body corporate of a person referred to in paragraph (a).

(2)A person to whom this section applies must not be—

(a)a holder of a venue operator's licence; or

(b)an associate of a holder of a venue operator's licence; or

(c)a subsidiary of a holder of a venue operator's licence; or

(d)a related body corporate of a holder of a venue operator's licence.

3.2A.5Restrictions for the monitoring licensee and related persons

(1)This section applies to—

(a)the monitoring licensee;

(b)an associate of the monitoring licensee;

(c)a subsidiary of the monitoring licensee;

(d)a related body corporate of the monitoring licensee.

(2)A person to whom this section applies must not—

(a)be a holder of a venue operator's licence; or

(b)be a person listed on the Roll who—

(i)manufactures approved gaming machines or restricted components; or

(ii)does any of the things referred to in section 3.4.5(c), (d) or (e);

(c)be an associate of a holder of a venue operator's licence or a person referred to in paragraph (b); or

(d)be a subsidiary of a holder of a venue operator's licence or a person referred to in paragraph (b); or

(e)be a related body corporate of a holder of a venue operator's licence or a person referred to in paragraph (b).

3.2A.6Restrictions for a casino operator

(1)This section applies to—

(a)a casino operator;

(b)an associate of a casino operator;

(c)a subsidiary of a casino operator;

(d)a related body corporate of a casino operator.

(2)A person to whom this section applies must not—

(a)hold a gaming machine entitlement that authorises the conduct of gaming in an approved venue in respect of which there is, in force, a pub licence; or

(b)be a holder of the monitoring licence.

Division 3—Gaming machine entitlement prohibited interests

3.2A.7Prohibited interests in gaming machine entitlements

(1)It is unlawful for an entitlement holder to hold a prohibited number of hotel gaming machine entitlements or club gaming machine entitlements..

(2)An entitlement holder holds a prohibited number of hotel gaming machine entitlements if—

(a)the entitlement holder holds more than 35% of hotel gaming machine entitlements; or

(b)the sum of the hotel gaming machine entitlements held by an entitlement holder (the first entitlement holder) and one or more other entitlement holders that have a prescribed connection with the first entitlement holder equates to more than 35% of hotel gaming machine entitlements.

(3)An entitlement holder holds a prohibited number of club gaming machine entitlements if—

(a)the entitlement holder holds more than 420 club gaming machine entitlements; or

(b)the sum of the club gaming machine entitlements held by an entitlement holder (the first entitlement holder) and one or more other entitlement holders that have a prescribed connection with the first entitlement holder equates to more than 420 club gaming machine entitlements.

(4)In determining whether an entitlement holder holds a prohibited interest as specified under subsection (2)(b), a notice published under section 3.4A.5(3) must be applied and the matters set out in section 3.4A.5(5) and (6) must be taken into account..

__________________".

11Licensing of operators

(1)In the heading to Part 4 of Chapter 3 of the Principal Act, after "OPERATORS" insert "AND MONITORS".

(2)Before section 3.4.1(a) of the Principal Act insert—

"(aa)to acquire and transfer gaming machine entitlements in accordance with Part 4A; and

(ab)while holding gaming machine entitlements, conduct gaming on approved gaming machines in an approved venue operated by the licensee; and

(ac)while holding a gaming machine entitlement or following the forfeiture of a gaming machine entitlement under Division 6, 7 or 8 of Part 4A, to, with the approval of the Commission, sell or dispose of gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator; and

(ad)while holding a gaming machine entitlement, to, through the services of a person holding a gaming industry employee's licence, service, repair or maintain gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator; and".

(3)At the end of section 3.4.1 of the Principal Act insert—

"(2)A venue operator's licence does not authorise the licensee to engage in any business by way of—

(a)manufacture of gaming machines or restricted components; or

(b)supply of approved gaming machines or restricted components to any person; or

(c)service, repair or maintenance of gaming equipment or games.

(3)A venue operator's licence only authorises the licensee to conduct gaming on 105 approved gaming machines in every approved venue operated by the licensee.".

12New section 3.4.1A inserted

After section 3.4.1 of the Principal Act insert—

"3.4.1A   Venue operator's licence is not a gaming operator's licence or gaming licence

The granting of a venue operator's licence under this Part on or after the commencement of section 12 of the Gambling Regulation Amendment (Licensing) Act 2009 to a person is not to be taken to be a granting of—

(a)a gaming operator's licence to that person under this Part; or

(b)a gaming licence to that person under Chapter 4.".

13New sections 3.4.3 to 3.4.4A inserted

After section 3.4.2 of the Principal Act insert—

"3.4.3   Application of Part—gaming operator's licences

This Part applies only with respect to the gaming operator's licence that was issued on 14 April 1992 and does not authorise the grant of any further gaming operator's licence.

3.4.4Authority conferred by monitoring licence

(1)The monitoring licence authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 and any conditions to which the licence is subject—

(a)to operate and maintain an electronic monitoring system; and

(b)to conduct monitoring using the electronic monitoring system for the purpose of—

(i)detecting significant events in relation to the monitoring system, a gaming machine, linked jackpot equipment or a communications system or device associated with the monitoring system, a gaming machine or linked jackpot equipment; and

(ii)continuously recording, monitoring and controlling significant game play transactions and recording revenue generated from each gaming machine connected to the system; and

(iii)facilitating linked jackpot arrangements; and

(c)to sell, supply or possess gaming equipment solely for the purpose of—

(i)detecting significant events in relation to the monitoring system, a gaming machine, linked jackpot equipment or a communications system or device associated with the monitoring system, a gaming machine or linked jackpot equipment; and

(ii)continuously recording, monitoring and controlling significant game play transactions and recording revenue generated from gaming machines connected to the monitoring system; and

(iii)facilitating linked jackpot arrangements; and

(d)to do all things necessarily incidental to carrying on the activities authorised by this section.

(2)Despite anything to the contrary in this Act, the facilitation of a linked jackpot arrangement by the monitoring licensee is not to be taken to constitute the conduct of gaming if that facilitation occurs solely to enable a venue operator that holds a gaming machine entitlement to conduct gaming through the linked jackpot arrangement.

3.4.4AMonitoring licence is not a gaming operator's licence or gaming licence

The granting of the monitoring licence under this Part on or after the commencement of section 13 of the Gambling Regulation Amendment (Licensing) Act 2009 to a person is not to be taken to be a granting of—

(a)a gaming operator's licence to that person under this Part; or

(b)a gaming licence to that person under Chapter 4.".

14Authority conferred by listing on the Roll

In section 3.4.5 of the Principal Act—

(a)after paragraph (b) insert—

"(ba)to 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; and";

(b)in paragraph (f), after "wagering operator" insert ", the wagering and betting licensee".

15Application for venue operator's licence

(1)For section 3.4.8(1) of the Principal Act substitute—

"(1)Only a person who is not a natural person may apply to the Commission for a club venue operator's licence or a hotel venue operator's licence.

(1A)An application for a club venue operator's licence may only be made by a club—

(a)that is established for a community purpose; and

(b)the constituting document of which contains provisions prohibiting—

(i)the distribution of any annual profit or surplus to its members; and

(ii)the distribution of any surplus to its members on winding up.".'.

(2)After section 3.4.8(2) of the Principal Act insert—

"(2A)In addition to the requirements of subsection (2), an application for a club venue operator's licence must also be accompanied by a copy of the club liquor licence, or the racing club licence, for the club and the following information—

(a)a copy of the constituting document of the club that is certified as true and correct by the authorising officer of the club with the provisions referred to in subsection (1A)(b) clearly marked; and

(b)a statement of community purpose which sets out the purposes for which the club is established (if these purposes are not set out in the constituting document of the club); and

(c)any further information that the Commission requires to be satisfied that the applicant is a club established for a community purpose.".

16New section 3.4.9 substituted

For section 3.4.9 of the Principal Act substitute—

"3.4.9   Gaming operator may be granted a hotel venue operator's licence

(1)A gaming operator may be granted, and may hold, a hotel venue operator's licence.

(2)However, a hotel venue operator's licence granted to a gaming operator does not take effect until—

(a)in the case of a hotel venue operator's licence granted to a gaming operator that holds a gaming operator's licence—the day after the gaming operator's licence expires;

(b)in the case of a hotel venue operator's licence granted to a gaming operator that holds a gaming licence—the day after the gaming licence expires.".

17Matters to be considered in determining applications

(1)After section 3.4.11(1)(b) of the Principal Act insert—

"(ba)in the case of an application for a club venue operator's licence, the applicant is a club; and".

(2)In section 3.4.11(2)(b) of the Principal Act omit "in the case of an applicant that is not a natural person,".

(3)Section 3.4.24(3)(a)(ii) of the Principal Act is repealed.

18Venue operator's licences

(1)After section 3.4.12(2)(a) of the Principal Act insert—

"(ab)whether the licence is a club venue operator's licence or a hotel venue operator's licence; and".

(2)After section 3.4.12(2)(b) of the Principal Act insert—

"(ba)in respect of each premises, details that identify each gaming machine entitlement held by the venue operator under which gaming may be conducted in those premises; and".

(3)After section 3.4.12(4) of the Principal Act insert—

"(4A)Without limiting the matters to which conditions may relate, the Commission may impose different conditions on a licence depending on whether the venue operator holds or does not hold gaming machine entitlements.

(4B)The Commission must give written notice to the venue operator of the conditions to which the licence is subject.".

(4)In section 3.4.12(5) of the Principal Act, for "5 years" substitute "10 years".

(5)After section 3.4.13(2)(b) of the Principal Act insert—

"(ba)details as to whether the venue operator is the holder of a club venue operator's licence or a hotel venue operator's licence;".

(6)In section 3.4.13 of the Principal Act—

(a)in subsection (2)(f), for "venue." substitute "venue;";

(b)after subsection (2)(f) insert—

"(g)details that identify each gaming machine entitlement (if any) held by the venue operator under which gaming is conducted in each approved venue.".

(7)In section 3.4.25(1) of the Principal Act, in paragraph (b) of the definition of disciplinary action, for "terms" substitute "conditions".

19Disciplinary action against venue operator

In section 3.4.25(1) of the Principal Act, in the definition of grounds for disciplinary action, after paragraph (c) insert—

"(ca)that there has been a contravention of section 3.2A.2, 3.2A.4, 3.2A.5 or 3.2A.6;".

20Letter of censure

For section 3.4.26(2) of the Principal Act substitute—

"(2)If a direction given in a letter of censure is not complied within the specified time, the Commission, by giving written notice to the venue operator, may do either or both of the following without giving the venue operator a further opportunity to be heard—

(a)take a licence disciplinary action;

(b)fine the venue operator an amount not exceeding an amount that is 500 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004.

(3)In subsection (2), licence disciplinary action means cancel or suspend, or vary the conditions of, the venue operator's licence.".

21New section 3.4.27A inserted

After section 3.4.27 of the Principal Act insert—

"3.4.27A   No authority to conduct gaming if venue operator's licence suspended or cancelled

(1)This section applies if a venue operator's licence is suspended or cancelled by the Commission under section 3.4.25(4) or 3.4.26(2).

(2)A gaming machine entitlement held by the venue operator does not authorise the conduct of gaming—

(a)while the venue operator's licence is suspended; or

(b)after the venue operator's licence has been cancelled.

(3)To avoid doubt, a venue operator may, while its venue operator's licence is suspended—

(a)possess gaming equipment; and

(b)sell or dispose of gaming equipment with the approval of the Commission; and

(c)transfer gaming machine entitlements.".

22New Division 2A of Part 4 of Chapter 3 inserted

After Division 2 of Part 4 of Chapter 3 of the Principal Act insert—

"Division 2A—Venue operators and venue agreements

3.4.28ADefinitions

In this Division—

prohibited venue agreement means an agreement, arrangement or understanding entered into by a venue operator and another person under which the venue operator provides, as consideration, an amount (however described) calculated by reference to gaming machine revenue earned by the venue operator;

reviewable venue agreement means any of the following agreements, as amended from time to time—

(a)a lease of property that is used as an approved venue or an agreement under which a licence is granted to use a property that is an approved venue;

(b)an agreement for the acquisition of a gaming machine entitlement or a gaming machine by a venue operator under which the entitlement or gaming machine is partly or fully paid for by another person;

(c)an agreement relating to the management or operation of an approved venue, including an agreement under which services are provided, or that relates to the provision of services, to assist in the management of an entitlement holder's gaming machine business;

(d)an agreement declared to be a reviewable venue agreement under section 3.4.28B.

3.4.28BCommission may declare certain agreements to be reviewable venue agreements

(1)The Commission, by written determination, may declare an agreement to which a venue operator is a party (other than an agreement referred to in paragraphs (a) to (c) of the definition of reviewable venue agreement) to be a reviewable venue agreement.

(2)A determination under subsection (1) must be published on the Commission's website.

3.4.28CEntering into prohibited venue agreement prohibited

(1)This section applies on and after a gaming machine entitlement declared day that applies to a gaming machine entitlement held by a venue operator.

(2)The venue operator must not enter into, or be a party to, a prohibited venue agreement.

3.4.28DProhibited venue agreements are void

(1)This section applies on and after a gaming machine entitlement declared day that applies to a gaming machine entitlement held by a venue operator.

(2)A prohibited venue agreement to which the venue operator is a party is void.

3.4.28ECommission may issue written notice directing venue operators to give it copies of reviewable venue agreements

(1)The Commission, by written notice, may direct a venue operator, or a venue operator who is a member of class of venue operator, specified in the notice, to give to the Commission a copy of—

(a)every reviewable venue agreement to which the venue operator is a party; or

(b)every reviewable venue agreement of a particular kind specified in the notice to which the venue operator is a party.

(2)A venue operator must comply with a notice under subsection (1) within 28 days after receiving the notice.

3.4.28FNo compensation payable

No compensation is payable by the State to any person because of the operation of this Division.".

23New Division 4 inserted in Part 4 of Chapter 3

After Division 3B of Part 4 of Chapter 3 of the Principal Act insert—

"Division 4—Monitoring licence

3.4.38Definitions

In this Division—

applicant means applicant for the monitoring licence;

application means an application for the monitoring licence.

3.4.39One licence

This Chapter does not authorise the operation at the same time of more than one monitoring licence.

3.4.40Minister may invite applications

(1)The Minister may invite a person to apply for the monitoring licence but only if the person—

(a)has a physical place of business in Victoria; and

(b)is not a natural person.

(2)In addition, the Minister may take into account any other matter in deciding whether to invite a person to apply for the monitoring licence.

3.4.41Secretary may report on suitability of persons Minister is considering to invite to apply for licence

(1)If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister—

(a)is considering to invite to apply for the monitoring licence (the possible invitee) or

(b)has invited to apply but that has not applied for the monitoring licence under section 3.4.42 (the pending applicant).

(2)For the purpose of preparing the report to give to the Minister, and investigations and inquiries to be carried out under Division 1C of Part 4 of Chapter 10 for the purpose of that report, the Secretary must obtain the written consent of—

(a)the possible invitee or pending applicant; and

(b)any other person the Secretary considers relevant to the consideration by the Minister of whether—

(i)to invite a possible invitee to apply for the monitoring licence; or

(ii)a pending applicant should be granted a monitoring licence under this Division.

(3)A report may include any recommendations the Secretary thinks fit.

(4)The report must include the reasons for any findings or recommendations contained in it.

3.4.42Application for monitoring licence

(1)A person who has been invited by the Minister under section 3.4.40 to apply for the monitoring licence—

(a)may apply to the Minister for the licence; and

(b)if the person applies for the licence, must comply with—

(i)requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for the licence; and

(ii)reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and

(iii)any other requirements specified by the Minister in relation to applicants or applications for the licence.

(2)An application—

(a)must be in the form, contain the information and be accompanied by the documents required by the Minister; and

(b)must be lodged in accordance with the procedural requirements, if any, specified by the Minister.

(3)The Minister may require an applicant to provide any further information to the Minister in connection with the application.

(4)The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant.

(5)The Minister must refer each licence application to the Secretary for a report under section 3.4.43.

(6)If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary.

(7)In this section—

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.

Note

Division 1D of Part 4 of Chapter 10 provides for the investigation by the Commission of an application for the monitoring licence.

3.4.43Report to Minister by Secretary on applications

(1)The Secretary must give a written report to the Minister on each application—

(a)stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied under section 3.4.44(2) to grant the application have been made out; and

(b)stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 3.4.42 have been complied with; and

(c)containing any other information required by the Minister.

(2)The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions.

(3)The report must include the reasons for any findings or recommendations contained in it.

3.4.44Determination of applications

(1)The Minister is to determine whether to grant or refuse an application after receiving the report of the Secretary under section 3.4.43.

(2)The Minister may grant an application only if he or she is satisfied that the granting of the application is in the public interest, taking into account each of the following matters—

(a)whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity;

(b)whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner;

(c)whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's monitoring business, is a suitable person to act in that capacity;

(d)whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence;

(e)whether the applicant is of sound and stable financial background;

(f)whether the applicant has the ability to establish and maintain a successful monitoring business;

(g)any other matters the Minister considers relevant.

(3)In determining whether to grant or refuse an application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 3.4.43.

(4)If the Minister refuses an application, he or she must give written notice to the applicant.

3.4.45Prohibition on improper interference

(1)An interested person in relation to an application for the monitoring licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to the application.

(2)If an interested person in relation to an application for the monitoring licence improperly interferes with the preparation or making of a recommendation or report under this Act in relation to the application, the Minister may refuse to consider, or consider further, the application.

(3)In this section—

interested person has the same meaning as in section 3.4.42.

3.4.46Issue of licence

If the Minister grants an application, he or she must issue the monitoring licence to the applicant who made that application.

3.4.47Licence conditions

The Minister may impose any conditions he or she thinks fit on the monitoring licence, including—

(a)conditions referred to in any other provision in this Chapter;

(b)conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or the Minister.

3.4.48Related agreements

Despite section 3.4.46, the Minister may refuse to issue the monitoring licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to the licence.

3.4.49Responsible gambling directions

(1)The Minister may direct the monitoring licensee to provide, as part of operating and maintaining an electronic monitoring system, systems and mechanisms that implement responsible gambling measures for the conduct of gaming.

(2)A direction under subsection (1) must be—

(a)in writing; and

(b)given to the monitoring licensee; and

(c)published in the Government Gazette.

(3)It is a condition of the monitoring licence held by the monitoring licensee that the licensee must comply with a direction under subsection (1).

3.4.50Duration of licence

The monitoring licence—

(a)takes effect at the time of issue or at the later time specified in the licence; and

(b)is valid for a term of 15 years, unless terminated earlier in accordance with this Chapter or extended under section 3.4.51.

3.4.51Extension of licence

(1)If invited by the Minister to do so, the monitoring licensee may apply to the Minister, before the monitoring licence expires, for a licence extension.

(2)On application under subsection (1), the Minister may extend the monitoring licence for a period not exceeding 2 years from the day it would otherwise expire, after consulting—

(a)the Commission; and

(b)any other person the Minister considers appropriate.

(3)The monitoring licence may be extended only once.

(4)The monitoring licence cannot be renewed, but a person who holds or has held a monitoring licence may apply for a subsequent monitoring licence, if invited by the Minister to do so.

3.4.52Licence may authorise preparatory action

(1)This section applies to a monitoring licence if the licence takes effect at a time specified in the licence that is later than the time of issue of the licence.

(2)The monitoring licence may authorise the monitoring licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect.

(3)An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken.

(4)Despite section 3.4.50(a), the monitoring licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2).

(5)No account is to be had to this section in determining the term of the licence under section 3.4.50(b).

(6)In this section—

current gaming monitoring activities means—

(a)monitoring, servicing, repairing, maintaining and testing of gaming equipment or games used in the conduct of gaming under a gaming operator's licence or a gaming licence under Chapter 4; and

(b)monitoring of events associated with gaming machines used in the conduct of gaming under a gaming operator's licence or a gaming licence under Chapter 4—

but does not include monitoring, servicing, repairing, maintaining and testing of gaming equipment or games used in the conduct of gaming, or monitoring of events associated with gaming machines used in the conduct of gaming, for the purpose of developing and testing an electronic monitoring system;

preparatory action means anything (other than current gaming monitoring activities) necessary or convenient to be done for the purpose of conducting any activities authorised by the monitoring licence.

3.4.53Publication and tabling

(1)The Minister must cause—

(a)notice to be published in the Government Gazette—

(i)of the issue of the monitoring licence, as soon as practicable after the licence is issued; and

(ii)of the making of any agreement referred to in section 3.4.48, as soon as practicable after the agreement is made; and

(b)a copy of the monitoring licence to be—

(i)given to the Commission as soon as practicable after the licence is issued; and

(ii)subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is issued; and

(c)a copy of any agreement referred to in section 3.4.48 to be—

(i)given to the Commission as soon as practicable after the agreement is made; and

(ii)subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the agreement is made.

(2)Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister—

(a)may exclude information from the monitoring licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and

(b)must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded.

(3)Subject to subsection (4), the Commission must cause a copy of the monitoring licence and any agreements referred to in section 3.4.48 to be made available on its website as soon as practicable after notification from the Minister under subsection (2)(b).

(4)If the Minister has excluded information from the monitoring licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3).

3.4.54Engaging contractors and appointing agents to assist with monitoring

(1)The monitoring licence may authorise the monitoring licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of activities authorised by the licence.

(2)To avoid doubt, the engagement of a person or the appointment of an agent by the monitoring licensee does not affect any function or obligation of the licensee under a gaming Act or gaming regulations.

3.4.55Transfer only under this Division

The monitoring licence is not transferable to any other person except in accordance with this Division.

3.4.56Application to transfer licence

(1)The monitoring licensee may apply to the Minister to transfer the monitoring licence to another person (the transferee).

(2)An application to transfer the monitoring licence—

(a)must be in the form, contain the information and be accompanied by the documents required by the Minister; and

(b)must be accompanied by the prescribed fee (if any).

(3)If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the monitoring licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application to transfer the monitoring licence.

(4)The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application to transfer the monitoring licence, whether or not the application is granted.

(5)Costs payable under subsection (3) may be recovered in a court of competent jurisdiction as a debt due to the State.

(6)The Minister may refer the application to transfer the monitoring licence to the Commission for a report under section 3.4.58.

3.4.57Transfer of monitoring licence

(1)On an application under section 3.4.56, the Minister may transfer the monitoring licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4) and (5).

(2)The Minister must be satisfied—

(a)that—

(i)the transferee is a wholly-owned subsidiary of the monitoring licensee; or

(ii)the transferee and the monitoring licensee are both wholly-owned subsidiaries of a third company; and

(b)that the transferee has a physical place of business in Victoria; and

(c)that the transferee is not a natural person or a venue operator; and

(d)that the transferee will not, on becoming the monitoring licensee, contravene Part 2A.

(3)The Minister must be satisfied that the transfer of the monitoring licence to the transferee is in the public interest, taking into account each of the following matters—

(a)whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity;

(b)whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner;

(c)whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's monitoring business, is a suitable person to act in that capacity;

(d)whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence;

(e)whether the transferee is of sound and stable financial background;

(f)whether the transferee has the ability to establish and maintain a successful monitoring business;

(g)any other matters the Minister considers relevant.

(4)The Minister must be satisfied that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee.

(5)The Minister must be satisfied that the transferee is capable of meeting the obligations of the monitoring licensee under any agreements referred to in section 3.4.48.

(6)The Minister may refuse to transfer the monitoring licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee.

(7)In determining whether to grant or refuse an application to transfer the monitoring licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 3.4.58.

(8)If the Minister transfers the monitoring licence, the transferee becomes the monitoring licensee and assumes all the obligations and liabilities of the monitoring licensee under this Act.

3.4.58Report to Minister by Commission

(1)If the Minister has referred to the Commission an application to transfer the monitoring licence, the Commission must give a written report to the Minister on the application—

(a)stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and

(b)containing any other information required by the Minister.

(2)The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions.

(3)The report must include the reasons for any findings or recommendations contained in it.

Note

Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a monitoring licence.

3.4.59Related agreements

The Minister may refuse to transfer a monitoring licence if—

(a)the monitoring licensee and any other person who is party to an agreement referred to in section 3.4.48 relating to the licence have not executed any document requested by the Minister in relation to that agreement; or

(b)the transferee or any other person requested by the Minister (or both) has not entered into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 3.4.48 or any further agreement.

3.4.59APublication and tabling

(1)The Minister must cause—

(a)notice to be published in the Government Gazette—

(i)of the transfer of the monitoring licence, as soon as practicable after the licence is transferred; and

(ii)of the execution of any document referred to in section 3.4.59(a) or of the entering into of any agreement referred to in section 3.4.59(b), as soon as practicable after the document is executed or the agreement is entered into; and

(b)a copy of the transfer of the monitoring licence to be—

(i)given to the Commission as soon as practicable after the licence is transferred; and

(ii)subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and

(c)a copy of any document referred to in section 3.4.59(a) or any agreement referred to in section 3.4.59(b) to be—

(i)given to the Commission as soon as practicable after the document is executed or the agreement is entered into; and

(ii)subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into.

(2)Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister—

(a)may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and

(b)must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded.

(3)Subject to subsection (4), the Commission must cause a copy of a transfer of the monitoring licence and any document referred to in section 3.4.59(a) or agreement referred to in section 3.4.59(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b).

(4)If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3).

3.4.59BRequest by licensee for amendment of licence

(1)The monitoring licensee may request the Minister to amend the monitoring licence.

(2)A request for a licence amendment—

(a)must be in writing; and

(b)must include the reasons for the requested amendment; and

(c)must be accompanied by the prescribed fee (if any).

(3)The Minister may require the monitoring licensee to provide any further information or any documents to the Minister in connection with the request.

(4)If this section or a requirement made by the Minister under this section is not complied with, the Minister may refuse to consider the request.

(5)If no fee is prescribed for the purposes of subsection (2)(c), the Minister, by written notice, may require the monitoring licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the request.

(6)The Minister may require costs payable under subsection (5) to be paid by instalments or at any time before, during or after the Minister's consideration of the request, whether or not the Minister decides to make the requested amendment.

(7)Costs payable under subsection (5) may be recovered in a court of competent jurisdiction as a debt due to the State.

3.4.59CAmendment of licence

(1)The Minister must decide whether to make an amendment requested under section 3.4.59B, either with or without changes from that originally requested, and must give written notice of the decision to the monitoring licensee.

(2)In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion, the amendment is in the public interest.

(3)If the Minister amends the monitoring licence under this section, the Minister must cause—

(a)notice of the amendment to be published in the Government Gazette as soon as practicable after the licence is amended; and

(b)a copy of the amendment, and the licence as amended, to be—

(i)given to the Commission as soon as practicable after the licence is amended; and

(ii)subject to subsection (4), presented to each House of Parliament within 7 sitting days of the House after the licence is amended.

(4)Before complying with subsection (3)(b)(ii), the Minister—

(a)may exclude information from the amendment, or the monitoring licence as amended, if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and

(b)must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded.

(5)Subject to subsection (6), the Commission must cause a copy of the amendment, or the monitoring licence as amended, to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (4)(b).

(6)If the Minister has excluded information from an amendment under subsection (4), the Commission must exclude that information from the copy of the amendment, or the monitoring licence as amended, it makes available under subsection (5).

(7)An amendment takes effect when notice of the decision to make the amendment is given to the monitoring licensee under subsection (1) or on a later date specified in the notice.

3.4.59DGrounds for disciplinary action

Each of the following is a ground for disciplinary action in relation to the monitoring licence—

(a)the monitoring licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence;

(b)the monitoring licensee has been found guilty of an offence against a gaming Act;

(c)the monitoring licensee, or an associate of the licensee, 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;

(d)the monitoring licensee has contravened—

(i)a condition of the licence; or

(ii)a provision of this Act (being a provision a contravention of which does not constitute an offence);

(e)the monitoring licensee has contravened an agreement referred to in section 3.4.48 or 3.4.59;

(f)the monitoring licensee becomes an externally-administered body corporate or otherwise becomes insolvent;

(g)the monitoring licence was obtained by a materially false or misleading representation or in some other improper way.

3.4.59ECommission may take or recommend disciplinary action

(1)If the Commission considers that there is a ground for taking disciplinary action in relation to the monitoring licence, the Commission may give the monitoring licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice.

(2)The monitoring licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken.

(3)After considering any submissions made under subsection (2), the Commission—

(a)may take either or both of the following disciplinary actions—

(i)issue a letter of censure to the monitoring licensee;

(ii)fine the monitoring licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; or

(b)may make a written report to the Minister recommending that the Minister take disciplinary action against the monitoring licensee under section 3.4.59F.

(4)A report under subsection (3)(b) must include the reasons for the findings and recommendations contained in it.

(5)A letter of censure may censure the monitoring licensee in respect of any matter connected with the management or operation of its monitoring business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure.

(6)If a direction given under subsection (5) is not complied within the specified time, the Commission may—

(a)fine the monitoring licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; or

(b)make a written report to the Minister recommending that the Minister take disciplinary action against the monitoring licensee under section 3.4.59F.

(7)The Commission may fine the monitoring licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter.

(8)A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State.

3.4.59FMinister may take disciplinary action

(1)If the Commission makes a report to the Minister under section 3.4.59E, the Minister may—

(a)take any one of the following disciplinary actions—

(i)amend the monitoring licence; or

(ii)suspend the monitoring licence; or

(iii)cancel the monitoring licence; or

(b)if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the monitoring licensee under section 3.4.59E(3)(a).

(2)In taking disciplinary action, the Minister—

(a)must take into account whether, in his or her opinion, taking the action is in the public interest; and

(b)is entitled to rely on the findings and recommendations in the report of the Commission under section 3.4.59E; and

(c)is not required to give the monitoring licensee a further opportunity to be heard or make submissions.

(3)If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the monitoring licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 3.4.59E(3)(a).

(4)Cancellation, suspension or amendment of the monitoring licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice.

3.4.59GSuspension of licence pending criminal proceedings

(1)The Minister may suspend the monitoring licence by giving written notice to the monitoring licensee if the Minister is satisfied that the licensee or an executive officer of the licensee has been charged with—

(a)an offence against a gaming Act or gaming regulations; or

(b)an offence arising out of or in connection with the management or operation of a monitoring business; or

(c)an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the management or operation of a monitoring business.

(2)The Minister may, at any time, terminate or reduce a period of suspension imposed under subsection (1).

3.4.59HEffect of licence suspension

The monitoring licence is of no effect for the purposes of Part 2 while it is suspended.

3.4.59ITemporary monitoring licence

(1)If the monitoring licence (the original licence) is cancelled or suspended under this Division, the Minister may issue a temporary monitoring licence and appoint a temporary monitoring licensee for the period determined by the Minister.

(2)The Minister may issue a temporary monitoring licence only if satisfied that—

(a)the temporary licensee has a physical place of business in Victoria; and

(b)the temporary licensee is not a natural person; and

(c)the issue of the temporary licence is in the public interest, taking into account each of the following matters—

"keno game means a game approved by the Minister under Part 2A of Chapter 6A;".

70Keno licence

(1)For section 6A.2.4(3) of the Principal Act substitute—

"(3)The keno licensee must give the Commission—

(a)the names and addresses of—

(i)agents accredited by the licensee; and

(ii)any other agents and contractors to be used by the licensee to assist the licensee in conducting keno games; and

(b)a copy of any agreement between the keno licensee and an agent under which that agent sells tickets in keno games on behalf of the licensee.

(4)The keno licensee must give the information under subsection (3), and a copy of any agreement referred to in that subsection, to the Commission within 14 days after the accreditation or appointment of the agent or contractor (as the case requires).".

(2)In section 6A.3.1 of the Principal Act omit ", or an agent of the licensee,".

71New section 6A.2.4A inserted

After section 6A.2.4 of the Principal Act insert—

"6A.2.4A   Termination of certain agent agreements

(1)This section applies if the Commission is of the opinion that—

(a)an agent who is a party to an agreement referred to in section 6A.2.4(3) has contravened this Act or the regulations; or

(b)conduct of an agent who is a party to an agreement referred to in section 6A.2.4(3) has been inconsistent with the keno licensee's Responsible Gambling Code of Conduct; or

(c)an agent who is a party to an agreement referred to in section 6A.2.4(3) has, other than in accordance with the keno rules of the keno licensee, played a keno game at the place where they sell tickets on keno games on behalf of the licensee; or

(d)an employee of an agent who is a party to an agreement referred to in section 6A.2.4(3) has, other than in accordance with the keno rules of the keno licensee, played a keno game at the place where they sell tickets on keno games on behalf of the licensee.

(2)The Commission, by written notice given to the keno licensee, may direct the licensee to terminate the agreement the licensee has with the agent within 28 days after being given the notice.

(3)The keno licensee must comply with a direction under subsection (2).

(4)Within 14 days after receiving a notice under subsection (2), the keno licensee may make representations to the Commission as to why it should not comply with a direction under subsection (2).

(5)The Commission, by written notice given to the keno licensee, may revoke a direction referred to in subsection (2).  The Commission may do so only if the period within which the agreement must be terminated has not expired.

(6)No compensation is payable by the State to any person (including the keno licensee) as a result of the termination of an agreement by the keno licensee in compliance with a direction under subsection (2).".

72New Part 2A of Chapter 6A inserted

After Part 2 of Chapter 6A of the Principal Act insert—

"Part 2A—Approval of Games as Keno Games

6A.2A.1Approval of keno games for betting purposes

(1)Subject to this section, the Minister may, by instrument, approve a game as a keno game.  The Minister may do so only if—

(a)the game—

(i)is a rapid draw lottery; and

(ii)is a game the outcome of which is determined by a random number generator that draws a set of numbers from a larger set of numbers; and

(iii)is not a game that is conducted on a totalisator; and

(iv)is not a game the results of which are based on the outcome of a live event; and

(b)the Minister, in his or her opinion, considers the game is not offensive or contrary to the public interest.

(2)The Minister may impose any conditions he or she thinks fit on an approval at the time of giving the approval or at any later time.

(3)An approval—

(a)takes effect on the day notice of it is published under section 6A.2A.2(a) or on the later day specified in the notice; and

(b)remains in force until revoked by the Minister.

(4)A condition imposed under subsection (2) takes effect on the day notice of it is published under section 6A.2A.2(b) or on the later day specified in the notice.

6A.2A.2Notice and publication requirements

The Minister must cause notice to be published in the Government Gazette of—

(a)an approval under this Part; and

(b)the imposition of a condition on an approval; and

(c)the variation or revocation of an approval.

6A.2A.3Variation and revocation of approval

(1)At any time the Minister may, by instrument—

(a)vary an approval (including a variation or revocation of a condition to which the approval is subject); or

(b)revoke an approval for any reasonable cause stated by the Minister in the instrument of revocation.

(2)A variation or revocation takes effect on the day notice of it is published under section 6A.2A.2(c) or on the later day specified in the notice.

6A.2A.4Approval does not limit Commission's power to approve simulated racing events under Chapter 4

This Part is not to be taken to limit Division 3A of Part 5 of Chapter 4.

__________________".

73Temporary keno licence

In section 6A.3.31(4) of the Principal Act, for "grant or refuse a licence application" substitute "issue a temporary keno licence".

Division 4—Savings and transitionals

74Transitional provision—Approved betting competitions

After clause 15.1(2) of Schedule 7 to the Principal Act insert—

"(2A)Subclause (2) expires on the day the wagering licence expires.".

75Transitional arrangements—New Part 22 inserted into Schedule 7

After Part 21 of Schedule 7 to the Principal Act insert—

"PART 22—GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009

22.1Current venue operator's licences

(1)This clause applies to a venue operator's licence that is in force immediately before the transition day (an existing licence).

(2)On the transition day, an existing licence is deemed to have been granted for a term of 10 years from the date the existing licence was granted.

(3)In this clause—

transition day means the day on which section 18(3) of the Gambling Regulation Amendment (Licensing) Act 2009 comes into operation.

22.1AExisting venue operator's licences to be club venue operator's licences or hotel venue operator's licences

On the commencement of section 16 of the Gambling Regulation Amendment (Licensing) Act 2009—

(a)a venue operator that holds a club liquor licence or a racing club licence is deemed to be the holder of a club venue operator's licence; and

(b)a venue operator that holds a pub liquor licence is deemed to be the holder of a hotel venue operator's licence.

22.1BMinister's power to make directions relating to gaming machine numbers to continue until specified date

Section 3.2.3, as in force immediately before the commencement of section 9 of the Gambling Regulation Amendment (Licensing) Act 2009, continues to have effect until 15 August 2012 as if section 9 had not come into operation.

22.1CCurrent Ministerial directions relating to gaming machine numbers

(1)This clause applies to a direction of the Minister—

(a)made under section 3.2.3 that contains a matter or thing provided for under section 3.2.3(1)(b), (c) or (e); and

(b)that is in force immediately before the commencement of section 9 of the Gambling Regulation Amendment (Licensing) Act 2009.

(2)The direction continues to have effect until 15 August 2012 despite the commencement of section 9 of the of the Gambling Regulation Amendment (Licensing) Act 2009 and may be amended or revoked accordingly.

22.2Approved betting competitions that are live events

(1)An event or class of event that—

(a)is the subject of an approval referred to in clause 15.1; and

(b)is an event or class of event, or is related to a sport, referred to in Table 1—

is taken, on and after the commencement day, to be a sports betting event for the purposes of Part 5 of Chapter 4.

TABLE 1

American Football

Athletics

Australian Rules Football

Baseball

Basketball

Boxing

Commonwealth Games

Cricket

Cycling

Golf

Ironman

Motor Sport

Netball

Olympic Games

Rugby

Soccer Football

Surfing

Tennis

Triathlon

Yachting

(2)In this clause—

commencement day means the day on which section 75 of the Gambling Regulation Amendment (Licensing) Act 2009 comes into operation.".

76Transitional arrangements—gaming machine advertising

After clause 22.2 of Schedule 7 to the Principal Act insert—

22.3Gaming machine advertising and signs—venue operators and casino operators"

(1)Section 3.5.34AA does not apply to any gaming machine advertising published or caused to be published at any time during the period of 6 months commencing on the day section 64 of the Gambling Regulation Amendment (Licensing) Act 2009 comes into operation.

(2)In subclause (1) gaming machine advertising has the same meaning as in section 3.5.34AA(8).

22.4Gaming machine advertising and signs—gaming operators

(1)Section 3.5.34AB does not apply to any gaming machine advertising published or caused to be published at any time during the period of 6 months commencing on the day section 64 of the Gambling Regulation Amendment (Licensing) Act 2009 comes into operation.

(2)In subclause (1) gaming machine advertising has the same meaning as in section 3.5.34AB(6).

22.5Gaming machine advertising and signs—gaming operators

Despite anything to the contrary in this Act, section 3.5.34 as in force immediately before the commencement of section 64 of the Gambling Regulation Amendment (Licensing) Act 2009 continues to apply for the period of 6 months commencing on the day section 64 of the Gambling Regulation Amendment (Licensing) Act 2009 comes into operation.".

77Transitional arrangements—trade promotion lotteries

After clause 22.5 of Schedule 7 to the Principal Act insert—

"22.6   Trade promotion lotteries

Despite anything to the contrary in this Act, Part 7 of Chapter 5, as in force immediately before the commencement of Division 2 of Part 4 of the Gambling Regulation Amendment (Licensing) Act 2009, continues to apply for the period of 12 months commencing on the day Division 2 of Part 4 of the Gambling Regulation Amendment (Licensing) Act 2009 comes into operation to a trade promotion lottery that a person has commenced to conduct before the commencement of that Division.".

Division 5—Placement of automatic teller machines

78New Subdivision heading inserted

Before section 3.5.29 of the Principal Act insert—

"Subdivision 1—General measures".

79New Subdivision inserted into Division 3 of Part 5 of Chapter 3

After section 3.5.33A of the Principal Act insert—

"Subdivision 2—Automatic teller machine measures

3.5.33BDefinitions

In this Subdivision—

approval means an approval granted under section 3.5.33F;

approved venue, where that venue is not on a racecourse, includes—

(a)the exterior walls of the venue; and

(b)any land that is owned or leased (under a retail lease or otherwise) by the venue operator on which the venue is located; and

(c)any car park owned or occupied by the venue operator and used primarily by patrons of the venue;

default conditions means the conditions specified under section 3.5.33H;

Ministerial direction means a direction of the Minister under section 3.5.33G.

3.5.33CAutomatic teller machines prohibited in approved venues not on racecourses

(1)A venue operator must not provide, or allow another person to provide on the venue operator's behalf, an automatic teller machine in an approved venue that is not on a racecourse unless the venue operator holds an approval that authorises the provision of that machine.

Penalty:60 penalty units.

(2)This section does not apply to a venue operator who is a casino operator.

3.5.33DLimiting placement of automatic teller machines on racecourses

(1)In relation to a gaming machine area in an approved venue that is on a racecourse, a venue operator must not provide, or allow another person to provide on the venue operator's behalf, an automatic teller machine—

(a)in the gaming machine area; or

(b)in an area that is less that 50 metres walking distance away from an entrance to the gaming machine area.

Penalty:60 penalty units.

(2)Section 43 of the Interpretation of Legislation Act 1984 does not apply to the measurement of any distance for the purposes of subsection (1).

3.5.33EApplication for approval

(1)A venue operator may apply to the Commission for an approval to provide, or for another person to provide on its behalf, an automatic teller machine in an approved venue.

(2)An application for an approval must—

(a)be in a form approved by the Commission; and

(b)contain or be accompanied by any additional information the Commission requires; and

(c)be accompanied by the prescribed fee (if any).

3.5.33FApprovals

(1)Subject to this section, on receipt of an application under section 3.5.33E, the Commission may grant or refuse to grant an approval.

(2)The Commission must not grant an approval unless—

(a)the approved venue in which the venue operator proposes to place or allow to be placed an automatic teller machine is or will be situated outside the Melbourne Statistical Division; and

(b)the Commission is satisfied that the community in which the approved venue is or will be situated would, if the approval is not granted—

(i)have no reasonable alternative access to cash facilities; and

(ii)suffer hardship.

(3)For the purpose of being satisfied under subsection (2)(b), the Commission—

(a)must apply any criteria specified in a Ministerial direction; and

(b)must take into account any other matters specified in a Ministerial direction; and

(c)may take into account any other matter it considers relevant.

(4)The Commission must—

(a)notify, in writing, the venue operator of its decision under this section; and

(b)publish notice of the granting of an approval in the Government Gazette under this section.

(5)An approval comes into effect on the day notice of its granting is published in the Government Gazette or on a later date specified in the notice.

(6)An approval remains in force until revoked by the Commission under this Subdivision.

3.5.33GMinisterial directions as to approvals

(1)The Minister may give a written direction to the Commission in relation to—

(a)criteria the Commission must apply for the purpose of section 3.5.33F(2)(b);

(b)any other matters that the Commission must take into account for the purpose of section 3.5.33F(2)(b).

(2)The Commission, as soon as possible after receiving a direction under this section, must publish the direction in the Government Gazette.

3.5.33HConditions of approvals

(1)Every approval is subject to the following conditions (default conditions)—

(a)it is a condition of the approval that the automatic teller machine to which the approval applies has a withdrawal limit of not more than $200 for every transaction;

(b)it is a condition of the approval that the automatic teller machine to which the approval applies does not allow cash advances from credit accounts;

(c)it is a condition of the approval that the automatic teller machine to which the approval applies is not located within the gaming machine area of the approved venue;

(d)a condition that is prescribed.

(2)The Commission may grant an approval subject to any further conditions the Commission considers fit.

(3)The further conditions that the Commission may impose on an approval under subsection (2) may relate to, but are not restricted to, the following—

(a)specifying the location of or providing further restrictions on the location of automatic teller machines at the approved venue;

(b)specifying the times when automatic teller machines may or must be available for use at the approved venue;

(c)the number of automatic teller machines that may be installed and used at the approved venue;

(d)any further withdrawal limits to apply to automatic teller machines at the approved venue.

(4)However, a condition imposed by the Commission under subsection (2) must not be inconsistent with any default condition.

3.5.33IAmendment of conditions of approvals—Applications by venue operators

(1)A venue operator who holds an approval may apply to the Commission for an amendment to, or a revocation or a substitution of, a condition of the approval.

(2)An application under subsection (1) cannot be made in respect of a default condition.

(3)Sections 3.5.33E to 3.5.33H apply to an application under subsection (1)—

(a)as if a reference to an application for an approval were an application under subsection (1); and

(b)as if a reference to a decision granting or refusing to grant an approval were a reference to a decision amending, or revoking or substituting, or a refusal to amend, or revoke or substitute, a condition of an approval (as the case may be); and

(c)with any other modifications that are necessary.

3.5.33JReview of approvals

(1)The Commission must review an approval and the conditions that apply to that approval—

(a)not less than once every 5 years after that approval has taken effect; and

(b)within 90 days after the Commission becomes aware that there has been a change in access to banking services in the community in which the approved venue to which the approval relates is situated.

(2)The Commission must notify, in writing, the venue operator who is the holder of the approval of the Commission's review.

(3)A venue operator may make a written submission in relation to a review within 28 days after being notified of the review.

(4)The Commission must consider any submission it receives under subsection (3) in conducting a review.

(5)Following a review, the Commission may decide that—

(a)the approval be revoked; or

(b)the approval not be revoked; or

(c)that a condition of the approval be amended, revoked or substituted.

(6)The Commission must—

(a)give the venue operator written notice of its decision under this section; and

(b)if the decision is that the approval is revoked or a condition of the approval is amended, revoked or substituted, publish a notice to that effect in the Government Gazette.

(7)If the Commission decides to revoke an approval or amend, revoke or substitute a condition of the approval, that revocation, amendment or substitution (as the case may be) takes effect 90 days after the Commission notifies the venue operator who is the holder of the approval of its decision under subsection (6)(a).

3.5.33KAmendment of conditions of approvals—By the Commission

The Commission may, on its initiative, amend revoke or substitute a condition of the approval only after a review of the approval under section 3.5.33J.

3.5.33LFunctions and powers under this Subdivision may be performed or exercised by a single Commissioner

A function of the Commission under this Subdivision may be performed by any Commissioner.

3.5.33MAppeal

(1)If a decision to refuse to grant an approval under this Subdivision, or a decision to amend, or revoke or substitute a condition of an approval under this Subdivision, is made by a single commissioner, the venue operator may appeal against the decision to the Commission within 28 days of notification of the decision.

(2)An appeal must—

(a)be in writing; and

(b)specify the grounds on which it is made.

(3)After consideration of an appeal, the Commission may—

(a)confirm the decision; or

(b)in the case of a decision to refuse to grant an approval—grant the approval, subject to conditions;

(c)in the case of a decision to decision to amend, or revoke or substitute a condition of an approval—make a decision not to amend, revoke or substitute the condition.

(4)The decision of the Commission on an appeal—

(a)must be notified in writing to the applicant;

(b)may include the reasons for the decision.

(5)The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against.".

80Repeal of certain automatic teller machine measures

Section 3.5.32A of the Principal Act is repealed.

81Casino Control Act 1991—automatic teller machine measures

For section 81AAA of the Casino Control Act 1991 substitute—

"81AAALimiting placement of automatic teller machines

(1)In relation to a casino, a casino operator must not provide, or allow another person to provide on the casino operator's behalf, an automatic teller machine—

(a)in the casino; or

(b)in an area that is less than 50 metres walking distance away from an entrance to the casino.

Penalty:60 penalty units.

(2)Section 43 of the Interpretation of Legislation Act 1984 does not apply to the measurement of any distance for the purposes of subsection (1).".

Division 6—Pre-commitment mechanism requirements

82New sections 3.4.31A and 3.4.31B inserted

After section 3.4.31 of the Principal Act insert—

"3.4.31A   Pre-commitment mechanisms required for prescribed gaming machines—1 December 2010 to 30 November 2015

On and after 1 December 2010 and until 30 November 2015, a gaming operator or a venue operator must not allow a game to be played on a prescribed gaming machine that does not have a pre‑commitment mechanism that applies to that machine.

Penalty:120 penalty units.

3.4.31BPre-commitment mechanisms required for gaming machines—from 1 December 2015

On and after 1 December 2015, a venue operator must not allow a game to be played on a gaming machine that does not have a pre-commitment mechanism that applies to that machine.

Penalty:120 penalty units.".

83New subject matter for regulations inserted

After clause 3.26 of Part 3 of Schedule 1 to the Principal Act insert—

"3.26AIn relation to pre-commitment mechanisms—

(a)the method by which a time limit or net loss limit is set;

(b)if a person has previously set a time limit or net loss limit, the period of time during which a new time limit or new net loss limit set by a person will not be effective;

(c)if a person has previously set a time limit or net loss limit, the responsible gambling information that may be provided to the person, electronically or otherwise, before or during the playing of a gaming machine;

(d)the method by which a person who has set a time limit or net loss limit may access an historical record of his or her spending on the playing of a gaming machine;

(e)options that a person may choose to apply to his or her playing of a gaming machine if a time limit or net loss limit set by the person has been exceeded;

(f)the period of time during which a person may not play a gaming machine if a time limit or net loss limit set by the person has been exceeded;

(g)the kinds of networks and connections that may constitute a pre-commitment mechanism that is a system;

(h)persons who may install and maintain pre-commitment mechanisms.".

Division 7—Miscellaneous

84Statute law revision

(1)In section 1.3 of the Principal Act, in the definition of Register, for "3.4.24" substitute "3.4.13".

(2)In the heading to section 3.2.24 of the Principal Act, omit "and Register".

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Part 5—Repeal of Amending Act

85Repeal of Amending Act

This Act is repealed on 1 July 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: 5 February 2009

Legislative Council: 12 March 2009

The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 and for other purposes."