Untitled document
Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008
No. 71 of 2008
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Responsible Gambling Amendments
3Objectives
4Evicting occupiers of common gaming houses
5New Part 5A inserted in Chapter 2
Part 5A—Banning Irresponsible Gambling Products and Practices
Division 1—Introduction
2.5A.1Definitions
Division 2—Interim ban orders
2.5A.2Minister may make interim ban order
2.5A.3Duration of interim ban order
2.5A.4Minister to direct Commission to investigate
Division 3—Fixed term ban orders
2.5A.5Investigation by Commission
2.5A.6Notice of investigation
2.5A.7Submissions
2.5A.8Report on investigation
2.5A.9Fixed term ban order
2.5A.10Duration of fixed term ban order
2.5A.11Revocation of fixed term ban order
2.5A.12Disallowance of fixed term ban order
Division 4—Effect of ban orders
2.5A.13Offence to breach ban order
Division 5—General
2.5A.14No compensation
6New section 3.4.12C inserted
3.4.12CAmendment of self-exclusion program or
Responsible Gambling Code of Conduct
7New section 3.4.36 substituted
3.4.36Disciplinary action
8New section 3.5.17A inserted
3.5.17AGaming machines must be connected to approved electronic monitoring system
9Investigation of associates and others—gaming machines
10New section 4.3.30 substituted and sections 4.3.30A to
4.3.30C inserted4.3.30Change in situation of licensees, associates etc.
4.3.30ANotification of persons becoming associates
4.3.30BInvestigation of associates and others
4.3.30CTermination of association
11New section 4.3.31 substituted
4.3.31Disciplinary action
12New section 5.3.30 inserted
5.3.30Responsible Gambling Code of Conduct is a
condition of temporary licence
13New section 8.2.4A inserted
8.2.4ABingo sessions conducted by others
14New section 8.3.6 substituted and section 8.3.6A inserted
8.3.6Duration of declaration
8.3.6ARenewal of declaration
15Commission proceedings in relation to irresponsible gambling products and practices
16Responsible gambling codes of conduct
17New section 10.6.4A inserted
10.6.4AVenue operator may apply to Commission to
approve amended self-exclusion program
18New section 10.6.9A inserted
10.6.9ARelevant person may apply to Commission to
approve amended Code of Conduct
Part 3—Bingo Amendments
19What is a bingo centre?
20What is a session?
21New section 8.2.4 substituted
8.2.4Bingo sessions conducted by or on behalf of
community or charitable organisations
22Bingo
23New sections 8.4.2A to 8.4.2F inserted
8.4.2ANotification of intention to conduct or cease
conducting bingo sessions8.4.2BNominees
8.4.2CNotification of large bingo prizes
8.4.2DBingo rules
8.4.2ERules binding unless Commission approves a variation
8.4.2FCommission may require notification of bingo rules
24Further bingo amendments
25New Division 4 inserted in Part 4 of Chapter 8
Division 4—Disciplinary action against community or charitable organisations in relation to bingo
8.4.17Definitions
8.4.18Taking disciplinary action
8.4.19Letter of censure
8.4.20Appeal
26Further bingo amendments
27Gaming industry employees
28Subject matter for regulations—bingo
Part 4—Minors
29Repeal of provisions in relation to gambling by minors
30Evidence
31New Part 7 inserted in Chapter 10
part 7—minors
10.7.1Definitions
10.7.2Application of Part
10.7.3Offences in respect of allowing a minor to gamble
10.7.4Offence to assist minor to gamble
10.7.5Offence by minor to gamble
10.7.6Offences in respect of minors in a gaming machine
area or casino10.7.7Offence by minor to enter gaming machine area or casino
10.7.8Offence by minor using false evidence of age
10.7.9Notices to be displayed
10.7.10Supervision of vending machines
10.7.11No offence if gambling employee a minor
10.7.12Defences
10.7.13Proof of age may be required
32Consequential amendments to the Racing Act 1958
33Consequential amendments to the Casino Control Act 1991
Part 5—Other Amendments to the Gambling Regulation Act 2003
34New Division 8 inserted in Part 3A of Chapter 4
Division 8—General
4.3A.40Powers of Secretary
35New Division 8 inserted in Part 3 of Chapter 6A
Division 8—General
6A.3.40Powers of Secretary
36Nomination of assistants and advisers
37Confidentiality
38New Part 1A inserted in Chapter 10
Part 1A—The Minister and the Secretary
10.1A.1Nomination of assistants and advisers
39New section 10.4.7HA inserted
10.4.7HAPowers of Secretary
40Statute law revision
41New Part 21 inserted in Schedule 7
Part 21—Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008
21.1Definition of amending Act
21.2Community and charitable gaming
21.3Bingo
Part 6—Repeal of Amending Act
42Repeal of Act
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Endnotes
Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008
No. 71 of 2008
[Assented to 25 November 2008]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Gambling Regulation Act 2003 to—
(i)consolidate offences in relation to minors;
(ii)provide for the banning of irresponsible gambling products and practices;
(iii)reform the regulation of the conduct of bingo by or on behalf of community or charitable organisations;
(iv)clarify the Secretary's powers in relation to wagering and betting licensing and keno licensing;
(v)make other miscellaneous amendments;
(b)to make consequential amendments to the Casino Control Act 1991 and the Racing Act 1958.
2Commencement
(1)This Act (other that Parts 2, 3 and 4) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (4), Parts 2 and 4 come into operation on a day or days to be proclaimed.
(3)Part 3 comes into operation on the first anniversary of the day on which this Act receives the Royal Assent.
(4)If a provision of Part 2 or 4 does not come into operation before 1 January 2010, it comes into operation on that day.
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Part 2—Responsible Gambling Amendments
3Objectives
In section 1.1(2) of the Gambling Regulation Act 2003—
(a)after paragraph (a) insert—
"(ab)to ensure that minors are neither encouraged to gamble nor allowed to do so;";
(b)for paragraph (e)(i) substitute—
"(i)community and charitable gaming benefits the community or charitable organisation concerned;".
4Evicting occupiers of common gaming houses
After section 2.5.25(4) of the Gambling Regulation Act 2003 insert—
"(5)This section does not apply if the occupier occupies the house or place under a tenancy agreement to which the Residential Tenancies Act 1997 applies.".
5New Part 5A inserted in Chapter 2
After Part 5 of Chapter 2 of the Gambling Regulation Act 2003 insert—
"Part 5A—Banning Irresponsible Gambling Products and Practices
Division 1—Introduction
2.5A.1Definitions
In this Part—
fixed term ban order means an order made under section 2.5A.9;
gambling practice means any practice that is adopted in connection with the offering or provision of a gambling product;
gambling product means a product that may be used for gambling or that resembles a product that may be used for gambling, whether or not that product is otherwise regulated by or under a gaming Act;
interim ban order means an order made under section 2.5A.2;
responsible gambling objective means an objective referred to in section 1.1(2)(a) or (ab).
Division 2—Interim ban orders
2.5A.2Minister may make interim ban order
(1)The Minister, by notice published in the Government Gazette, may make an order banning a gambling product or gambling practice, if the Minister considers that the product or practice undermines or may undermine a responsible gambling objective.
(2)The Minister may make an interim ban order whether or not the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria.
(3)The Minister must publish notice of the making of an interim ban order in a newspaper circulating generally in Victoria.
2.5A.3Duration of interim ban order
An interim ban order—
(a)takes effect on the day on which notice of the order is published in the Government Gazette, or on a later day specified in the notice; and
(b)remains in force for 12 months after the day on which it takes effect, unless it is sooner revoked by the Minister or replaced by a fixed term ban order.
2.5A.4Minister to direct Commission to investigate
(1)If the Minister makes an interim ban order, the Minister must give a written direction to the Commission—
(a)to investigate the gambling product or gambling practice that is the subject of the order; and
(b)to report to the Minister on whether the gambling product or gambling practice should be made the subject of a fixed term ban order.
(2)The Minister may include in a direction under subsection (1) any matter that the Minister requires the Commission to address in the investigation or report.
(3)A failure by the Minister to comply with this section does not affect the validity or operation of an interim ban order.
Division 3—Fixed term ban orders
2.5A.5Investigation by Commission
If the Minister gives the Commission a direction under section 2.5A.4, the Commission must investigate the gambling product or gambling practice that is the subject of the notice.
2.5A.6Notice of investigation
(1)As soon as practicable after receiving a direction under section 2.5A.4, the Commission must—
(a)publish notice of the investigation in the Government Gazette and on its website; and
(b)give written notice of the investigation to any person who the Commission is aware is offering or providing the gambling product or adopting the gambling practice in Victoria.
(2)Notice under subsection (1) must state—
(a)that the Minister has made an interim ban order and the effect of that order; and
(b)that the Commission has been directed to investigate the gambling product or gambling practice that is the subject of the order and report to the Minister; and
(c)in the case of notice under subsection (1)(b), that the person may make a written submission to the Commission within a period specified in the notice (being a period of not less than 90 days).
2.5A.7Submissions
(1)A person to whom notice is given under section 2.5A.6(1)(b) may make a written submission to the Commission within the period specified in the notice, or the longer period allowed by the Commission.
(2)The submission—
(a)must be in the form (if any) approved by the Commission;
(b)must contain the information (if any) required by the Commission.
(3)If a person makes a submission in accordance with this section, the Commission must take it into account in making a report to the Minister under section 2.5A.8.
2.5A.8Report on investigation
(1)The Commission must make a written report to the Minister on an investigation under section 2.5A.5 within 9 months after the day on which the Minister directed the Commission to conduct the investigation.
(2)The report must contain—
(a)a recommendation that—
(i)a fixed term ban order be made in respect of the gambling product or gambling practice that is the subject of the report; or
(ii)the interim ban order in respect of that gambling product or gambling practice be revoked; and
(b)the reasons for that recommendation; and
(c)the findings on material questions of fact that led to that recommendation.
2.5A.9Fixed term ban order
(1)After considering a report of the Commission under section 2.5A.8, the Minister may make an order banning the gambling product or gambling practice that is the subject of the report for a period not exceeding 10 years, if the Minister is satisfied that the product or practice undermines or may undermine a responsible gambling objective.
(2)In making a fixed term ban order, the Minister may rely on, but is not bound by, any recommendation contained in the Commission's report.
(3)The Minister may make a fixed term ban order whether or not—
(a)the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria; or
(b)the interim ban order in respect of the gambling product or gambling practice has expired.
(4)The Minister makes a fixed term ban order by notice published in the Government Gazette.
(5)If the Minister makes a fixed term ban order—
(a)the Minister must publish notice of the making of the order in a newspaper circulating generally in Victoria; and
(b)the Minister must cause a copy of the order to be presented to each House of Parliament within 6 sitting days of that House after the making of the order; and
(c)the Minister must give a copy of the notice to the Commission; and
(d)the Commission must cause a copy of the notice to be made available on its website as soon as practicable after receiving the copy from the Minister.
(6)A notice under subsection (4) or (5) must include the Minister's reasons for making the fixed term ban order.
2.5A.10Duration of fixed term ban order
A fixed term ban order—
(a)takes effect on the day on which notice of the order is published in the Government Gazette, or on a later day specified in the notice; and
(b)remains in force for the period specified in the order by the Minister, unless it is sooner revoked by the Minister.
2.5A.11Revocation of fixed term ban order
(1)The Minister, by notice published in the Government Gazette, may revoke a fixed term ban order at any time.
(2)The Minister must give a copy of the notice to the Commission as soon as practicable after the notice is published.
2.5A.12Disallowance of fixed term ban order
(1)A fixed term ban order is disallowed if—
(a)a notice of a resolution to disallow the order is given in a House of Parliament on or before the 18th sitting day of that House after the order is presented to that House; and
(b)the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution.
(2)Disallowance of a fixed term ban order has the same effect as a revocation of the order.
Division 4—Effect of ban orders
2.5A.13Offence to breach ban order
(1)While an interim ban order or fixed term ban order is in force, a person must not offer or provide a gambling product, or adopt a gambling practice, in contravention of the order.
Penalty:1000 penalty units.
(2)It is a defence to a charge for an offence against subsection (1) if—
(a)notice of the making of the order had not been published in a newspaper circulating generally in Victoria; and
(b)the defendant was not aware of the making of the order.
Division 5—General
2.5A.14No compensation
No compensation is payable by the State in respect of loss, damage or injury of any kind suffered by any person as a result of, or arising out of, the making of an interim ban order or a fixed term ban order.
__________________".
6New section 3.4.12C inserted
After section 3.4.12B of the Gambling Regulation Act 2003 insert—
"3.4.12C Amendment of self-exclusion program or Responsible Gambling Code of Conduct
(1)The Commission, by written notice, may require a venue operator to—
(a)amend the operator's self-exclusion program or Responsible Gambling Code of Conduct (or both); and
(b)submit the amended self-exclusion program or Responsible Gambling Code of Conduct to the Commission for approval—
within the time specified by the Commission in the notice.
(2)A venue operator must comply with a requirement made under subsection (1).".
7New section 3.4.36 substituted
For section 3.4.36 of the Gambling Regulation Act 2003 substitute—
"3.4.36 Disciplinary action
(1)In this section—
disciplinary action, against the holder of a gaming operator's licence, means—
(a)the reprimanding of the licence holder; or
(b)the imposition of a fine not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the licence holder;
grounds for disciplinary action, in relation to the holder of a gaming operator's licence, means that the holder of the licence has committed a breach—
(a)of a condition of the licence; or
(b)of a gaming Act or gaming regulations.
(2)The Commission may serve on the holder of a gaming operator's licence a notice in writing giving the licence holder an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.
(3)The licence holder, 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 and the Commission must consider any submissions so made.
(4)The Commission may then take disciplinary action against the licence holder as the Commission sees fit and does so by giving written notice of the disciplinary action to the licence holder.
(5)If the disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the State.".
8New section 3.5.17A inserted
After section 3.5.17 of the Gambling Regulation Act 2003 insert—
"3.5.17A Gaming machines must be connected to approved electronic monitoring system
A gaming operator must not allow a game to be played on a gaming machine of the gaming operator unless the gaming machine is connected to the gaming operator's approved electronic monitoring system.".
9Investigation of associates and others—gaming machines
In section 3.8.3(3) of the Gambling Regulation Act 2003, for "the Executive Commissioner" substitute "any commissioner".
10New section 4.3.30 substituted and sections 4.3.30A to 4.3.30C inserted
For section 4.3.30 of the Gambling Regulation Act 2003 substitute—
"4.3.30 Change in situation of licensees, associates etc.
(1)Whenever a change of a kind specified by the Commission in writing given to the licensee or an operator takes place in the situation existing in relation to the licensee or operator, the licensee or operator must notify the Commission in writing of the change within 14 days after it takes place.
Penalty:60 penalty units.
(2)A function of the Commission under this section may be performed by any commissioner.
4.3.30ANotification of persons becoming associates
The licensee or an operator must—
(a)notify the Commission in writing that a person is likely to become an associate as soon as practicable after the licensee or operator becomes aware of the likelihood; and
(b)ensure that a person does not become an associate within the meaning of section 1.4(1)(a) or (b) except with the prior approval in writing of the Commission.
4.3.30BInvestigation of associates and others
(1)The Commission may from time to time investigate—
(a)an associate, or a person likely to become an associate, of the licensee or of an operator; or
(b)any person, body or association having a business association with a person referred to in paragraph (a).
(2)The Commission—
(a)may require an associate or a person likely to become an associate to consent to having his or her photograph, finger prints and palm prints taken; and
(b)must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police.
(3)A function of the Commission under this section may be performed by any commissioner.
4.3.30CTermination of association
(1)If—
(a)the Commission, having regard to the matters referred to in subsection (2), determines that an associate of the licensee or of an operator is unsuitable to be concerned in or associated with the business of the licensee or operator; and
(b)the associate is a person referred to in section 1.4(1)(a) or (b)—
the Commission may, by notice in writing, require the associate to terminate the association with the licensee or operator.
(2)In particular, the Commission must consider whether the associate—
(a)is of good repute, having regard to character, honesty and integrity;
(b)is of sound and stable financial background;
(c)has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources.
(3)If the Commission determines that an associate of the licensee or of an operator has engaged or is engaging in conduct that, in the Commission's opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the business of the licensee or operator, the Commission may—
(a)issue a written warning to the associate that the conduct is unacceptable; or
(b)give written notice to the associate requiring the associate to give a written undertaking to the Commission, within the period specified in the notice, regarding the future conduct of the associate.
(4)If the associate fails to give an undertaking required under subsection (3)(b) or breaches an undertaking given under that provision, the Commission may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Commission, the association with the licensee or operator.
(5)If the association is not terminated within 14 days after the date of the notice referred to in subsection (1) or (4) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the licensee or operator to take all reasonable steps to terminate the association and the licensee or operator must comply with the direction within 14 days or any longer period agreed with the Commission.".
11New section 4.3.31 substituted
For section 4.3.31 of the Gambling Regulation Act 2003 substitute—
"4.3.31 Disciplinary action
(1)In this section—
disciplinary action, against the licensee or the operator, means—
(a)the reprimanding of the licensee or the operator; or
(b)the imposition of a fine not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the licensee or the operator;
grounds for disciplinary action, in relation to the licensee or the operator, means that the licensee or the operator has contravened—
(a)a condition of the wagering licence or the gaming licence (or both); or
(b)the betting rules; or
(c)a gaming Act or gaming regulations or any other law relating to wagering or gaming.
(2)The Commission may serve on the licensee or the operator a notice in writing giving the licensee or the operator an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.
(3)The licensee or the operator, 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 and the Commission must consider any submissions so made.
(4)The Commission may then take disciplinary action against the licensee or the operator as the Commission sees fit and does so by giving written notice of the disciplinary action to the licensee or the operator.
(5)If the disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the State.".
12New section 5.3.30 inserted
After section 5.3.29 of the Gambling Regulation Act 2003 insert—
"5.3.30 Responsible Gambling Code of Conduct is a condition of temporary licence
It is a condition of a temporary public lottery licence that the temporary licensee implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
13New section 8.2.4A inserted
After section 8.2.4 of the Gambling Regulation Act 2003 insert—
"8.2.4A Bingo sessions conducted by others
(1)A person, other than a community or charitable organisation or bingo centre operator, may conduct a session of bingo if—
(a)either—
(i)no fee is charged, directly or indirectly, to participate in the bingo; or
(ii)the whole of the gross receipts from the session of bingo is distributed as prizes during that session; and
(b)the session of bingo is—
(i)not advertised to or open to the general public; and
(ii)provided for the entertainment of the players and not intended to provide a commercial benefit to the person conducting the session or to any other person.
(2)Nothing in Division 2 or 3 of Part 4 (other than section 8.4.4(3)) applies to a session of bingo conducted by a person authorised by this section to conduct a session of bingo.".
14New section 8.3.6 substituted and section 8.3.6A inserted
For section 8.3.6 of the Gambling Regulation Act 2003 substitute—
"8.3.6 Duration of declaration
A declaration of an organisation as a community or charitable organisation—
(a)takes effect when the instrument of declaration is made;
(b)remains in force for a period of 10 years unless the declaration—
(i)is revoked in accordance with this Division; or
(ii)is renounced by the organisation by notice in writing given to the Commission.
Note
A declaration may be suspended under section 8.3.11.
8.3.6ARenewal of declaration
(1)A community or charitable organisation may, not earlier than 9 months before the expiration of the current declaration, apply to the Commission, for a new declaration as a community or charitable organisation, in which case—
(a)the current declaration continues in force, unless sooner revoked or renounced, until the new declaration is made or refused; and
(b)if made, the new declaration must be taken to have been made on the day on which the current declaration was due to expire and must be dated accordingly.
(2)An application for a new declaration must be made in or to the effect of a form approved by the Commission and must be accompanied by the prescribed fee (if any).
(3)This Act applies to and in relation to—
(a)an application under this section for a new declaration; and
(b)the determination of such an application; and
(c)any declaration made as a result of such an application—
as if the application has been made by an organisation other than a community or charitable organisation.".
15Commission proceedings in relation to irresponsible gambling products and practices
After section 10.1.22(2) of the Gambling Regulation Act 2003 insert—
"(2A)A meeting or inquiry for the purposes of Part 5A of Chapter 2 must be conducted in public unless the Commission determines that there are special circumstances requiring that the meeting or inquiry or part of it should be held in private.".
16Responsible gambling codes of conduct
In section 10.6.5 of the Gambling Regulation Act 2003, in the definition of relevant person, for paragraph (d) substitute—
"(d)a public lottery licensee or temporary public lottery licensee;".
17New section 10.6.4A inserted
After section 10.6.4 of the Gambling Regulation Act 2003 insert—
"10.6.4A Venue operator may apply to Commission to approve amended self-exclusion program
Nothing in this Part prevents or limits a venue operator's ability to submit an amended self-exclusion program to the Commission at any time for approval.".
18New section 10.6.9A inserted
After section 10.6.9 of the Gambling Regulation Act 2003 insert—
"10.6.9A Relevant person may apply to Commission to approve amended Code of Conduct
Nothing in this Part prevents or limits a relevant person's ability to submit an amended Responsible Gambling Code of Conduct to the Commission at any time for approval.".
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Part 3—Bingo Amendments
19What is a bingo centre?
In section 1.3(1) of the Gambling Regulation Act 2003, for the definition of bingo centre substitute—
"bingo centre means a house or place in which sessions of bingo are regularly conducted on a commercial basis;".
20What is a session?
(1)Insert the following definition in section 8.1.2 of the Gambling Regulation Act 2003—
"session of bingo means a session comprising no more than 30 games of bingo conducted within an 8 hour period;".
(2)In section 8.2.2(b) of the Gambling Regulation Act 2003 omit "games".
21New section 8.2.4 substituted
For section 8.2.4 of the GamblingRegulation Act 2003 substitute—
"8.2.4 Bingo sessions conducted by or on behalf of community or charitable organisations
(1)A session of bingo may be conducted in accordance with this Chapter and the regulations by—
(a)a community or charitable organisation; or
(b)a bingo centre operator on behalf of a community or charitable organisation.
(2)Nothing in Division 2 or 3 of Part 4 applies to a session of bingo conducted by a community or charitable organisation if—
(a)no fee is charged, directly or indirectly, to participate in the bingo; or
(b)the whole of the gross receipts from the session of bingo is distributed as prizes during that session.".
22Bingo
Section 8.3.14(1)(b) of the Gambling Regulation Act 2003 is repealed.
23New sections 8.4.2A to 8.4.2F inserted
After the heading to Division 2 of Part 4 of Chapter 8 of the Gambling Regulation Act 2003 insert—
"8.4.2A Notification of intention to conduct or cease conducting bingo sessions
(1)A community or charitable organisation must give notice to the Commission of the intention to commence the conduct of one or more sessions of bingo at least 7 days before the first day on which the first session of bingo is to be conducted.
(2)The notice—
(a)must be in the form approved by the Commission; and
(b)must contain the following information—
(i)the address of the premises at which the sessions will be conducted;
(ii)the days of the week or the dates on which the sessions will be conducted;
(iii)the starting and finishing times of the sessions;
(iv)the frequency of the sessions;
(v)the number of games of bingo to be played in each session;
(vi)the name and number of the account in which the proceeds from the sessions will be deposited and the name and branch of the approved deposit-taking institution at which that account is held; and
(c)must nominate a natural person aged 18 years or more to be responsible for the conduct of the sessions; and
(d)must include the consent of the nominee to his or her nomination.
(3)A community or charitable organisation must notify the Commission in writing within 7 days after a change in any of the information referred to in subsection (2)(b) contained in a notice given by the organisation to the Commission.
(4)If sessions of bingo are conducted on behalf of a community or charitable organisation by a bingo centre operator, subsection (3) applies as if the bingo centre operator were the community or charitable organisation.
(5)A community or charitable organisation must notify the Commission in writing of the organisation's intention to cease conducting sessions of bingo for a period longer than the period, if any, prescribed by the regulations.
8.4.2BNominees
(1)The natural person nominated by a community or charitable organisation under section 8.4.2A is responsible on behalf of the organisation for the conduct of the sessions of bingo and is liable under this Act as the organisation.
(2)If a nominated person resigns, is dismissed or leaves the community or charitable organisation—
(a)the organisation must nominate another natural person within 7 days (or any longer period allowed by the Commission in a particular case) after the resignation, dismissal or leaving; and
(b)the directors of the organisation or the members of the managing committee of the organisation (as the case may be) are severally liable under this Act as the organisation in relation to the conduct of sessions of bingo until such time as another person is nominated by the organisation.
(3)The liability of a community or charitable organisation is not limited under this Act by the nomination of its nominee except in respect of a contract entered into under section 8.4.6.
(4)A function of the Commission under this section may be performed by any commissioner.
8.4.2CNotification of large bingo prizes
(1)A community or charitable organisation or a bingo centre operator that intends to conduct a session of bingo at which the total prizes for the session will or is likely to exceed the prescribed amount must notify the Commission in writing of that intention at least 3 business days before conducting the session.
(2)The notice—
(a)must be in the form approved by the Commission; and
(b)must contain the following information—
(i)the contact details for the organisation or operator;
(ii)the organisation's declared organisation number or the operator's licence number (as the case requires);
(iii)the date and time of the session at which the prizes will or are likely to exceed the prescribed amount;
(iv)the expected amount of prizes for the session;
(v)any other information the Commission requires.
8.4.2DBingo rules
(1)The Commission, may make rules for or with respect to the conduct of bingo under this Chapter.
(2)The Commission may vary or revoke a rule made under subsection (1).
(3)The Commission must—
(a)publish on its website a copy of rules made under this section and any variation or revocation of those rules; and
(b)notify in writing each community or charitable organisation and each bingo centre operator that the Commission knows is conducting bingo to which rules made under this section apply of the making of those rules and of any variation or revocation of those rules.
(4)The Commission must cause rules made under this section, and a variation or revocation of a rule, to be published in the Government Gazette.
(5)A rule, a variation of a rule or a revocation of a rule takes effect on the date that it is published in the Government Gazette or on the later date specified in the rule, variation or revocation.
(6)Different rules may be made under this section for different forms of bingo.
8.4.2ERules binding unless Commission approves a variation
(1)Subject to this section, a community or charitable organisation or a bingo centre operator must comply with rules made under section 8.4.2D.
(2)A community or charitable organisation or a bingo centre operator may apply to the Commission for approval to vary the rules that would otherwise apply to the organisation or operator.
(3)An application—
(a)must be in the form, and contain the information, approved by the Commission; and
(b)must be accompanied by the prescribed fee.
(4)On an application under subsection (2), the Commission may approve a variation of the rules as those rules apply to the applicant.
(5)If the Commission approves a variation under subsection (4), the organisation or operator must comply with the rules as varied.
(6)The Commission must publish on its website any variation approved by the Commission under subsection (4).
8.4.2FCommission may require notification of bingo rules
(1)The Commission, by written notice, may require a community or charitable organisation or a bingo centre operator, to notify patrons of the rules that apply to the conduct of a session of bingo.
(2)Without limiting the Commission's power under subsection (1), the Commission may require notification of the rules to be made—
(a)by displaying notices in the form and manner specified by the Commission;
(b)by making announcements in the form and manner specified by the Commission.
(3)A community or charitable organisation or a bingo centre operator must comply with a notice of the Commission under subsection (1).".
24Further bingo amendments
(1)In the Gambling Regulation Act 2003—
(a)in section 8.4.3(1) and (3), for "prescribed standards" substitute "standards set out in the rules made by the Commission under section 8.4.2D";
(b)in section 8.4.3(4)—
(i)for "The holder of a minor gaming permit" substitute "A community or charitable organisation";
(ii)for "prescribed standards" substitute "standards set out in the rules made by the Commission under section 8.4.2D";
(c)in section 8.4.3(5), for "the holder of a minor gaming permit" substitute "a community or charitable organisation";
(d)in section 8.4.4(1), for "that does not hold a minor gaming permit authorising the conduct of a session or sessions of bingo games" substitute "that is not a community or charitable organisation or a bingo centre operator";
(e)in section 8.4.4(3), for "that is not required to hold a minor gaming permit to conduct a session of bingo games" substitute "that is authorised under section 8.2.4A to conduct a session of bingo";
(f)in the heading to section 8.4.6, for "Permit holder" substitute "Community or charitable organisation".
(2)For section 8.4.6(1) of the Gambling Regulation Act 2003 substitute—
"(1)A community or charitable organisation may enter into an agreement with a bingo centre operator for the conduct by the bingo centre operator of bingo sessions at a bingo centre on behalf of the community or charitable organisation.".
(3)In the Gambling Regulation Act 2003—
(a)in section 8.4.6(2)(d), (2A), (4) and (5), for "permit holder" substitute "community or charitable organisation";
(b)in section 8.4.7, for "the holder of a minor gaming permit" substitute "a community or charitable organisation".
25New Division 4 inserted in Part 4 of Chapter 8
After Division 3 of Part 4 of Chapter 8 of the Gambling Regulation Act 2003 insert—
"Division 4—Disciplinary action against community or charitable organisations in relation to bingo
8.4.17Definitions
In this Division—
disciplinary action, against a community or charitable organisation, means any of the following—
(a)the issuing of a letter of censure to the organisation;
(b)the imposition of a fine on the organisation not exceeding an amount that is 60 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004;
(c)the imposition of conditions on the organisation's authority to conduct sessions of bingo;
grounds for disciplinary action, in relation to a community or charitable organisation, means any of the following—
(a)that the organisation has failed to provide information that the organisation is required by this Act to provide or has provided information knowing it to be false or misleading;
(b)that the organisation has contravened this Act or the regulations in relation to bingo or a condition imposed under this Division;
(c)that—
(i)the organisation; or
(ii)an executive officer or nominee of the organisation—
has been found guilty of a relevant offence;
(d)that the organisation has become an externally-administered body corporate;
(e)that for any reason the organisation is not a suitable person to conduct a session of bingo;
relevant offence means—
(a)an offence against a gaming Act or gaming regulations in relation to bingo; or
(b)an offence (in Victoria or elsewhere) involving fraud or dishonesty punishable by imprisonment for 3 months or more (whether or not in addition to a fine).
8.4.18Taking disciplinary action
(1)The Commission may inquire into whether there are grounds for disciplinary action against a community or charitable organisation.
(2)If, following an inquiry under subsection (1), the Commission considers there are grounds for taking disciplinary action against a community or charitable organisation, the Commission may serve on the organisation a notice in writing giving them an opportunity to show cause within 14 days why disciplinary action should not be taken against them on the grounds for disciplinary action specified in the notice.
(3)The organisation, 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 and the Commission must consider any submissions so made.
(4)If the Commission decides that—
(a)the organisation is not a suitable person to conduct a session of bingo, the Commission may suspend the organisation's authority to conduct sessions of bingo for a period specified by the Commission; or
(b)there are any other grounds for disciplinary action against the organisation, the Commission may take the action—
and does so by giving written notice of the disciplinary action to the organisation.
(5)If the Commission suspends the organisation's authority to conduct sessions of bingo—
(a)the suspension takes effect at the time notice of it is given to the organisation; and
(b)this Act does not authorise the conduct of any session of bingo by or on behalf of the organisation at any time during the period of suspension.
(6)If the disciplinary action is the imposition of conditions on an organisation's authority to conduct sessions of bingo, the organisation must comply with those conditions.
(7)A function of the Commission under this section may be performed by any commissioner.
8.4.19Letter of censure
(1)Disciplinary action taken by the Commission under section 8.4.18(4) in the form of a letter of censure may censure the community or charitable organisation in respect of any matter connected with the organisation's conduct of sessions of bingo games under this Chapter and may include a direction to the organisation to rectify within a specified time any matter giving rise to the censure.
(2)If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the organisation, suspend the organisation's authority to conduct sessions of bingo games without giving the organisation a further opportunity to be heard.
(3)Section 8.4.18(5) applies to a suspension under subsection (2).
(4)A function of the Commission under this section may be performed by any commissioner.
8.4.20Appeal
(1)A community or charitable organisation may appeal to the Commission, within 28 days of notification of the decision, against the following decisions made by a single commissioner—
(a)a decision to suspend the organisation's authority to conduct sessions of bingo;
(b)a decision to impose conditions on the organisation's authority to conduct sessions of bingo.
(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 suspend the authority to conduct sessions of bingo—lift the suspension, either unconditionally or subject to conditions; or
(c)in the case of a decision to impose conditions on the authority to conduct sessions of bingo—vary or remove the conditions.
(4)The decision of the Commission on an appeal—
(a)must be notified in writing to the community or charitable organisation; and
(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.".
26Further bingo amendments
(1)After section 8.6.1(5) of the Gambling Regulation Act 2003 insert—
"(6)This section does not apply to—
(a)a community or charitable organisation that conducts a session or sessions of bingo only as referred to in section 8.2.4(2); or
(b)a person who conducts a session or sessions of bingo only as authorised by section 8.2.4A.".
(2)Before section 8.6.2(1)(a) of the Gambling Regulation Act 2003 insert—
"(aa)a community or charitable organisation, but only in relation to transactions related to bingo;".
(3)After section 8.6.2(2) of the Gambling Regulation Act 2003 insert—
"(3)This section does not apply to a community or charitable organisation in relation to sessions of bingo referred to in section 8.2.4(2).".
27Gaming industry employees
In section 9A.1.20 of the Gambling Regulation Act 2003—
(a)in subsection (1), for "holder of a minor gaming permit authorising the conduct of a session or sessions of bingo games" substitute "community or charitable organisation";
(b)in subsection (2), for "The holder of a minor gaming permit authorising the conduct of a session or sessions of bingo games" substitute "A community or charitable organisation".
28Subject matter for regulations—bingo
(1)In Schedule 1 to the Gambling Regulation Act 2003—
(a)in clause 2.2 omit "bingo (including rolling jackpots),";
(b)in clause 2.4 omit "and for bingo tickets and random number generators for use in the playing of bingo";
(c)in clause 2.7, for "holder of a minor gaming permit" substitute "community or charitable organisation".
(2)In Schedule 1 to the Gambling Regulation Act 2003, after clause 2.8 insert—
"2.8ARequiring periodic returns in relation to bingo to be made to the Commission by a community or charitable organisation or a person that was a community or charitable organisation at any time in the preceding 12 months, in the form approved by the Commission, including—
(a)the information, manner, frequency, return dates and length of period to which the return relates to be included in those returns;
(b)requiring the verification of information in the returns by specified persons by means of signed certificate or other authentication.
2.8BProhibiting the playing of bingo by minors.
2.8CRequiring the keeping of records and accounts in relation to bingo by community or charitable organisations and bingo centre operators.".
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Part 4—Minors
29Repeal of provisions in relation to gambling by minors
In the Gambling Regulation Act 2003—
(a)Division 3 of Part 5 of Chapter 2 is repealed;
(b)Division 7 of Part 5 of Chapter 3 is repealed;
(c)sections 4.7.1, 5.2.8, 6.2.5(2), 6.2.5(3), 6.2.5(4), 6A.2.3(2), 6A.2.3(3), 6A.2.3(4), 7.4.2 and 10.5.32(1)(e) are repealed.
30Evidence
After section 10.5.32(1) of the Gambling Regulation Act 2003 insert—
"(1A)In proceedings under a gaming Act, an assertion that, at a specified time, a person attained a specified age or that, at a specified time or during a specified period, a specified person was under or over a specified age is evidence of the truth of the assertion unless the defendant denies the assertion.".
31New Part 7 inserted in Chapter 10
After Part 6 of Chapter 10 of the Gambling Regulation Act 2003 insert—
"part 7—minors
10.7.1Definitions
(1)In this Part—
acceptable proof of age for a person means documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age;
allow a minor to gamble means—
(a)accept a bet from, or give or send a ticket or acknowledgement in respect of a bet to, any minor; or
(b)allow a minor to play a gaming machine in any area of an approved venue; or
(c)sell a ticket in a public lottery to a minor; or
(d)accept an entry in a public lottery from a minor; or
(e)sell a ticket in a club keno game to a minor; or
(f)accept an entry in a club keno game from a minor; or
(g)sell a ticket in a keno game to a minor; or
(h)accept an entry in a keno game from a minor; or
(i)register a minor as a player in an interactive game; or
(j)allow a minor to play a gaming machine or other game, or participate in an approved betting competition, in a casino;
bookmaker's clerk has the same meaning as in Part IV of the Racing Act 1958;
gamble means—
(a)make a bet in a totalisator or approved betting competition; or
(b)buy a ticket in a totalisator or approved betting competition; or
(c)play a gaming machine in any area of an approved venue; or
(d)buy a ticket in a club keno game; or
(e)buy a ticket in a keno game; or
(f)participate in an interactive game; or
(g)make a bet with a registered bookmaker or bookmaker's clerk; or
(h)play a gaming machine or other game, or participate in an approved betting competition, in a casino; or
(i)buy a ticket in a public lottery;
gambling employee means a person employed by a gambling provider who performs functions or duties in relation to the provision of gambling;
gambling provider means—
(a)the holder of the wagering licence and the gaming licence or the wagering operator; or
(b)the wagering and betting licensee; or
(c)a venue operator; or
(d)a public lottery licensee; or
(e)a casino operator; or
(f)a participant within the meaning of Chapter 6; or
(g)a keno licensee; or
(h)a licensed provider.
(2)For the avoidance of doubt, a reference in subsection (1) to the buying or selling of a ticket includes the buying or selling of a ticket through a vending machine.
10.7.2Application of Part
Nothing in this Part applies to any of the following—
(a)the distribution of property among its owners if—
(i)the property is capable of being fairly apportioned among all the owners; and
(ii)the property is proposed to be apportioned equally so far as practicable among all the owners;
(b)a scheme—
(i)which is not for the promotion of a trade or business; and
(ii)in which all participation is gratuitous;
(c)a private raffle among persons engaged in common employment under the same employer if—
(i)the net proceeds of the raffle are intended to be appropriated to the provision of amenities for persons in that employment; and
(ii)the value of the prize does not exceed $5000;
(d)a competition based on predicting the results of a sporting event or to a sweepstake if the competition or sweepstake—
(i)is not of a commercial nature; and
(ii)does not result in the distribution of prizes having a total value of more than $5000;
(e)a trade promotion lottery.
10.7.3Offences in respect of allowing a minor to gamble
(1)A gambling provider must not allow a minor to gamble.
Penalty:120 penalty units.
(2)A gambling employee or an agent of a gambling provider must not knowingly allow a minor to gamble.
Penalty:20 penalty units.
(3)A registered bookmaker must not allow a minor to gamble.
Penalty:In the case of a body corporate, 120 penalty units;
In any other case, 20 penalty units.
(4)A bookmaker's clerk must not allow a minor to gamble.
Penalty:20 penalty units.
10.7.4Offence to assist minor to gamble
(1)A person must not knowingly assist a minor or enable a minor to gamble.
Penalty:10 penalty units.
(2)A person must not knowingly assist a minor or enable a minor to obtain entry to or remain in a gaming machine area of an approved venue.
Penalty:10 penalty units.
(3)A person must not knowingly assist a minor or enable a minor to obtain entry to or remain in a casino.
Penalty:10 penalty units.
(4)This section does not apply to a person in their capacity as a gambling provider, gambling employee, agent of a gambling provider, registered bookmaker or bookmaker's clerk.
10.7.5Offence by minor to gamble
A minor must not gamble.
Penalty:10 penalty units.
10.7.6Offences in respect of minors in a gaming machine area or casino
(1)If a minor enters a gaming machine area of an approved venue, the venue operator is guilty of an offence and liable to a penalty of not more than 120 penalty units.
(2)If a gambling employee of a venue operator knowingly allows a minor to enter a gaming machine area of an approved venue, the gambling employee is guilty of an offence and liable to a penalty of not more than 20 penalty units.
(3)If a minor enters a casino, the casino operator is guilty of an offence and liable to a penalty of not more than 120 penalty units.
(4)If a gambling employee of a casino operator knowingly allows a minor to enter a casino, the gambling employee is guilty of an offence and liable to a penalty of not more than 20 penalty units.
10.7.7Offence by minor to enter gaming machine area or casino
(1)A minor must not enter or remain in a gaming machine area of an approved venue.
Penalty:10 penalty units.
(2)A minor must not enter or remain in a casino.
Penalty:10 penalty units.
10.7.8Offence by minor using false evidence of age
(1)A minor must not use any evidence that is false in a material particular in relation to the minor in order to gamble.
Penalty:10 penalty units.
(2)A minor must not use any evidence that is false in a material particular in relation to the minor in order to obtain entry to or remain in a gaming machine area of an approved venue.
Penalty:10 penalty units.
(3)A minor must not use any evidence that is false in a material particular in relation to the minor in order to obtain entry to or remain in a casino.
Penalty:10 penalty units.
10.7.9Notices to be displayed
(1)The Commission, by written direction given to a gambling provider or registered bookmaker, may require the gambling provider or registered bookmaker to display notices in accordance with this section in relation to gambling by minors.
(2)The Commission may specify the content, size, format, location and manner of display of any notice.
(3)A gambling provider or registered bookmaker must cause to be displayed any notice that the Commission directs under subsection (1).
Penalty:60 penalty units.
(4)The Commission must cause a copy of any direction given under subsection (1) to be made available on its website as soon as practicable after giving the direction.
10.7.10Supervision of vending machines
A gambling provider must ensure that any vending machine used to gamble is at all times reasonably supervised by a gambling employee or an agent of the gambling provider.
Penalty:20 penalty units.
10.7.11No offence if gambling employee a minor
Despite anything to the contrary in this Part or the Sentencing Act 1991, a gambling employee who is a minor does not commit an offence if, in his or her capacity as a gambling employee, he or she contravenes a provision of this Part.
10.7.12Defences
(1)It is a defence to a prosecution for an offence under section 10.7.3, 10.7.4 or 10.7.6 if—
(a)the minor was above the age of 14 years at the time the acts constituting the offence were committed; and
(b)immediately before the acts constituting the offence were committed, there was produced to the defendant acceptable proof of age for the minor.
(2)It is a defence to a prosecution for an offence under section 10.7.4(2), 10.7.4(3), 10.7.6 or 10.7.7 if—
(a)the minor concerned was an apprentice (within the meaning of Part 5.5 of the Education and Training Reform Act 2006); and
(b)the minor's entry into the gaming machine area of the approved venue or casino on the occasion in question was for the purpose only of his or her receiving training or instruction as an apprentice.
10.7.13Proof of age may be required
(1)If an authorised person has reasonable cause to suspect that a person in an approved venue or casino is a minor the authorised person may—
(a)require the person in the approved venue or casino to state his or her correct age, name and address; and
(b)if it is suspected on reasonable grounds that the age, name or address given in response to the requirement is false, require the person to produce evidence of its correctness.
(2)A person must not fail to comply with a requirement under subsection (1)(a) and must not, without reasonable cause, fail to comply with a requirement under subsection (1)(b).
Penalty:10 penalty units.
(3)It is not an offence to fail to comply with a requirement under subsection (1) if the person who made the requirement did not inform the person of whom the requirement was made, at the time it was made, that it is an offence to fail to comply with the requirement.
(4)If a person contravenes subsection (2), a member of the force may arrest the person without warrant and bring him or her before a magistrate to be dealt with according to law.
(5)In this section—
authorised person means—
(a)the person for the time being in charge of an approved venue;
(b)the person for the time being in charge of a casino;
(c)an agent of the venue operator;
(d)an agent of the casino operator;
(e)a holder of a gaming industry employee's licence;
(f)a casino employee within the meaning of the Casino Control Act 1991;
(g)an inspector;
(h)a member of the police force.
__________________".
32Consequential amendments to the Racing Act 1958
In section 5 of the Racing Act 1958—
(a)in subsection (1) omit ", and no bookmaker or person carrying on the business or vocation of a bookmaker shall bet with persons apparently under the age of eighteen years";
(b)in subsection (2) omit ", or bets with persons apparently under the age of eighteen years".
33Consequential amendments to the Casino Control Act 1991
In the Casino Control Act 1991—
(a)in section 78B(1)—
(i)in paragraph (b), for "order; or" substitute "order.";
(ii)paragraph (c) is repealed;
(b)Part 6 is repealed.
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Part 5—Other Amendments to the Gambling Regulation Act 2003
34New Division 8 inserted in Part 3A of Chapter 4
After Division 7 of Part 3A of Chapter 4 of the Gambling Regulation Act 2003 insert—
"Division 8—General
4.3A.40Powers of Secretary
The Secretary has all the powers necessary to perform his or her functions under this Part.".
35New Division 8 inserted in Part 3 of Chapter 6A
After Division 7 of Part 3 of Chapter 6A of the Gambling Regulation Act 2003 insert—
"Division 8—General
6A.3.40Powers of Secretary
The Secretary has all the powers necessary to perform his or her functions under this Part.".
36Nomination of assistants and advisers
After section 10.1.25(2) of the Gambling Regulation Act 2003 insert—
"(3)The Commission, by instrument, may nominate a person by name to assist or advise the Commission in the performance of functions under this Act.
(4)A nomination under subsection (3) must specify the functions in relation to which the nominated person is to assist or advise the Commission.
(5)A nomination under subsection (3) remains in force for the period determined by the Commission and may be extended from time to time by the Commission.".
37Confidentiality
(1)In section 10.1.29(1) of the Gambling Regulation Act 2003, for the definition of regulated person substitute—
"regulated person means the Commission or a person who is or was—
(a)a commissioner;
(b)an employee or member of staff referred to in section 10.1.25(1) or (2);
(c)a person nominated under section 10.1.25(3);
(d)the Minister;
(e)the Secretary;
(f)an employee in the department administered by the Minister;
(g)a person nominated under section 10.1A.1(1);
(h)a person acting on behalf of the Commission, the Minister or the Secretary;
(i)a member of the Review Panel established by section 10.2A.2.".
(2)In section 10.1.31 of the Gambling Regulation Act 2003—
(a)in subsection (1), for "required" substitute "permitted or required";
(b)in subsection (2), for "may be required to disclose protected information to a court or produce" substitute "may disclose, or be required to disclose, protected information to a court or produce, or be required to produce,".
(3)In section 10.1.32(2) of the Gambling Regulation Act 2003, after "information" (where first occurring) insert "(except to a court)".
(4)After section 10.1.32(4) of the Gambling Regulation Act 2003 insert—
"(4A)An authorisation cannot be given under subsection (3) to disclose protected information to a court.
Note
The disclosure of protected information to a court is dealt with in section 10.1.31.".
38New Part 1A inserted in Chapter 10
After Part 1 of Chapter 10 of the Gambling Regulation Act 2003 insert—
"Part 1A—The Minister and the Secretary
10.1A.1Nomination of assistants and advisers
(1)The Secretary, by instrument, may nominate a person by name to assist or advise the Secretary or the Minister in the performance of functions under this Act.
(2)A nomination under subsection (1) must specify the functions in relation to which the nominated person is to assist or advise the Secretary or the Minister.
(3)A nomination under subsection (1) remains in force for the period determined by the Secretary and may be extended from time to time by the Secretary.
__________________".
39New section 10.4.7HA inserted
After section 10.4.7H of the Gambling Regulation Act 2003 insert—
"10.4.7HA Powers of Secretary
The Secretary has all the powers necessary to perform his or her functions under this Division.".
40Statute law revision
(1)In the note at the foot of section 6A.3.5 of the Gambling Regulation Act 2003, for "wagering and betting licence" substitute "keno licence".
(2)In section 10.4.7A of the Gambling Regulation Act 2003, in the definition of interested person, in paragraphs (a) and (b) omit "or".
41New Part 21 inserted in Schedule 7
At the end of Schedule 7 to the Gambling Regulation Act 2003 insert—
"Part 21—Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008
21.1Definition of amending Act
In this Part—
amending Act means the Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008.
21.2Community and charitable gaming
(1)A declaration of an organisation as a community or charitable organisation in force immediately before the commencement day remains in force for the period specified in the following table, unless cancelled or renounced earlier.
Declaration made Remains in force until at least 10 years before the commencement day 1 year after the commencement day at least 9 years but less than 10 years before the commencement day 2 years after the commencement day at least 8 years but less than 9 years before the commencement day 3 years after the commencement day at least 7 years but less than 8 years before the commencement day 4 years after the commencement day at least 6 years but less than 7 years before the commencement day 5 years after the commencement day at least 5 years but less than 6 years before the commencement day 6 years after the commencement day at least 4 years but less than 5 years before the commencement day 7 years after the commencement day at least 3 years but less than 4 years before the commencement day 8 years after the commencement day at least 2 years but less than 3 years before the commencement day 9 years after the commencement day at least 1 year but less than 2 years before the commencement day 10 years after the commencement day less than 1 year before the commencement day 11 years after the commencement day (2)In this clause, commencement day means the day on which section 14 of the amending Act comes into operation.
21.3Bingo
(1)Section 8.2.4 as substituted by section 21 of the amending Act, Parts 4 and 6 of Chapter 8, as amended by sections 23 to 26 of the amending Act and Chapter 9A as amended by section 27 of the amending Act, apply to a session of bingo conducted on or after the commencement day.
(2)Section 8.2.4, Parts 4 and 6 of Chapter 8 and Chapter 9A, as in force immediately before the commencement day, continue to apply to a session of bingo conducted before the commencement day.
(3)In this clause, commencement day means the day that is the first anniversary of the day on which the amending Act receives the Royal Assent.".
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Part 6—Repeal of Amending Act
42Repeal of Act
This Act is repealed on 1 January 2011.
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: 9 October 2008
Legislative Council: 30 October 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003, the Casino Control Act 1991 and the Racing Act 1958 to promote responsible gambling and for other purposes."
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