Untitled document
Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007
No. 72 of 2007
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to Gambling Regulation Act 2003
3Definitions
4New section 1.3A inserted
1.3AWhat is intoxication?
5Consequential repeal of section 2.5.16A
6New Division 5A inserted in Part 5 of Chapter 2
Division 5A—Regulation of publication and use of race
fields2.5.19ADefinitions
2.5.19BRestrictions on publication and use of race fields
2.5.19CApplication for race field publication and use
approval2.5.19DPublication and use approval
2.5.19ETribunal review
2.5.19FTrade Practices Act and Competition Code
7Matters to be considered in determining application—
approval or modification of premises8Application for venue operator's licence
9Matters to be considered in determining applications—
venue operator's licence10Determination of applications and duration of licence—
venue operator's licence11New sections 3.4.12A and 3.4.12B inserted
3.4.12ASelf-exclusion program is a condition of licence
3.4.12BResponsible Gambling Code of Conduct is a
condition of licence
12Disciplinary action against venue operator
13New section 3.5.32A inserted
3.5.32ALimiting placement of automatic teller machines
and amount that can be withdrawn in a 24 hour
period
14Payment of accumulated credits and cashing of cheques
15New section 3.5.33A inserted
3.5.33APlaying of gaming machines by intoxicated persons prohibited
16Community benefit statements
17New section 3.6.9A inserted
3.6.9AMinisterial directions as to requirements of community benefit statements
18Compliance requirements
19Duration of wagering licence and licence conditions
20Amendment of wagering licence conditions
21New section 4.3.10A inserted
4.3.10AResponsible Gambling Code of Conduct is a
condition of licence
22Disciplinary action—wagering licence
23New section 4.7.7 inserted
4.7.7Gambling by intoxicated persons prohibited
24Application for public lottery licence
25Report to Minister by Commission—public lottery licence
26New section 5.3.7B inserted
5.3.7BResponsible Gambling Code of Conduct is a
condition of licence
27Grounds for disciplinary action
28New section 6.2.6C inserted
6.2.6CResponsible Gambling Code of Conduct
29Application for interactive gaming licence
30Matters to be considered in determining interactive gaming licence applications
31Determination of interactive gaming licence applications
32New section 7.3.5A inserted
7.3.5AResponsible Gambling Code of Conduct is a
condition of licence
33Changing conditions of interactive gaming licence
34Grounds for disciplinary action—interactive gaming licence
35Application for bingo centre operator's licence
36Matters to be considered in determining bingo centre operator's licence applications
37Determination of bingo centre operator's licence applications
38New section 8.5.7A inserted
8.5.7AResponsible Gambling Code of Conduct is a
condition of licence
39Amendment of bingo centre operator's licence conditions
40Disciplinary action—bingo operator's licence
41Application for commercial raffle organiser's licence
42Matters to be considered in determining commercial raffle organiser's licence applications
43Determination of commercial raffle organiser's licence applications
44New section 8.5A.8A inserted
8.5A.8AResponsible Gambling Code of Conduct is a
condition of licence
45Amendment of commercial raffle organiser's licence
conditions46Disciplinary action—commercial raffle organiser's licence
47Functions of Commission
48Are Commission proceedings open to the public?
49New Part 6 inserted in Chapter 10
Part 6—Self Exclusion Programs and REsponsible Gambling Codes of Conduct
Division 1—Self-exclusion programs
10.6.1Ministerial directions as to requirements of self-exclusion programs
10.6.2Self-exclusion program additional requirements
10.6.3Approval of self-exclusion program
10.6.4Obligation on venue operators if requirements in
respect of self-exclusion program change
Division 2—Responsible Gambling Codes of Conduct
10.6.5Definition
10.6.6Ministerial directions as to requirements of
Responsible Gambling Codes of Conduct10.6.7Responsible Gambling Code of Conduct additional requirements
10.6.8Approval of Responsible Gambling Code of Conduct
10.6.9Obligation on relevant persons if requirements in
respect of Responsible Gambling Code of Conduct change
Division 3—General
10.6.10Reports to Minister
50Transitional
Part 18—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007
Division 1—Preliminary
18.1Definition
Division 2—Publication and use of race fields
18.2Publication and use approvals
Division 3—Self-exclusion programs
18.3Venue operator's licence
Division 4—Responsible Gambling Codes of Conduct
18.4Venue operator's licence
18.5The wagering licence
18.6Public lottery licence
18.7Club keno system
18.8Interactive gaming licence
18.9Bingo centre operator's licence
18.10Commercial raffle organiser's licence
51Statute law revision
Part 3—Amendments to Casino Control Act 1991
52Definition
53New section 3A inserted
3AWhat is intoxication?
54Application for casino licence
55Cancellation, suspension or variation of casino licence
56New section 62AA inserted
62AAGaming machines must be located indoors
57New section 69 inserted
69Responsible Gambling Code of Conduct is a
condition of licence
58New section 81AAA inserted
81AAALimiting placement of automatic teller machines
and amount that can be withdrawn in a 24 hour
period
59New section 81AAC inserted
81AACGambling or betting by intoxicated persons
prohibited
60Transitional
171Transitional provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007
61New Schedule 4 inserted
SCHEDULE 4—Transitional Provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007
1Definitions
2Responsible Gambling Code of Conduct
Part 4—Amendment to Liquor Control Reform Act 1998
62Consequential amendment of meaning of intoxication
Part 5—Repeal of Amending Act
63Repeal of Act
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Endnotes
Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007
No. 72 of 2007
[Assented to 18 December 2007]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Gambling Regulation Act 2003—
(i)to require venue operators to conduct self-exclusion programs;
(ii)to require various licence holders and others to have a Responsible Gambling Code of Conduct;
(iii)to make it an offence for a venue operator or the holder of the wagering licence or the wagering operator to knowingly allow an intoxicated person to gamble;
(iv)to further limit the availability of automatic teller machines in gaming venues;
(v)to impose further limits on venue operators with respect to the cashing of cheques by customers;
(vi)to ensure that the Victorian Commission for Gambling Regulation does not specify a gaming machine area that is located outdoors;
(vii)to amend the requirements relating to the order that the Minister makes in respect of community benefit statements;
(viii)to improve the operation and effectiveness of the restrictions on the use of Victorian race fields by wagering service providers;
(b)to amend the Casino Control Act 1991—
(i)to require a casino operator to have a Responsible Gambling Code of Conduct;
(ii)to further limit the availability of automatic teller machines in a casino;
(iii)to make it an offence for a casino operator to provide gaming machines outdoors;
(iv)to make it an offence for a casino operator to knowingly allow an intoxicated person to gamble in the casino;
(c)to make a consequential amendment to the Liquor Control Reform Act 1998.
2Commencement
(1)Subject to subsections (2) and (3), this Act (other than sections 13 and 58) comes into operation on a day or days to be proclaimed.
(2)Sections 13 and 58 come into operation on 1 January 2010.
(3)If a provision of this Act (other than section 13 or 58) does not come into operation before 1 December 2008, it comes into operation on that day.
__________________
Part 2—Amendments to Gambling Regulation Act 2003
3Definitions
In section 1.3(1) of the Gambling Regulation Act 2003 insert the following definitions—
"Responsible Gambling Code of Conduct means a Code of Conduct to foster responsible gambling;
self-excluded person means a person who has voluntarily excluded himself or herself from a gaming machine area under a self-exclusion program;
self-exclusion program means a program that—
(a)enables a person to voluntarily exclude himself or herself from a gaming machine area; and
(b)enables the venue operator to prohibit such a person from that area;".
4New section 1.3A inserted
After section 1.3 of the Gambling Regulation Act 2003 insert—
"1.3A What is intoxication?
For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, co-ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor.
Note
The Director of Liquor Licensing (appointed under section 149 of the Liquor Control Reform Act 1998) issues guidelines containing information about how to determine whether a person is in a state of intoxication. See section 3AB of the Liquor Control Reform Act 1998.".
5Consequential repeal of section 2.5.16A
Section 2.5.16A of the Gambling Regulation Act 2003 is repealed.
6New Division 5A inserted in Part 5 of Chapter 2
After Division 5 of Part 5 of Chapter 2 of the Gambling Regulation Act 2003 insert—
"Division 5A—Regulation of publication and use of race fields
2.5.19ADefinitions
In this Division—
appropriate controlling body means—
(a)in the case of horse racing, Racing Victoria;
(b)in the case of harness racing, Harness Racing Victoria;
(c)in the case of greyhound racing, Greyhound Racing Victoria;
betting exchange means a facility, electronic or otherwise, that provides a mechanism through which—
(a)offers to enter into wagering contracts are regularly made and accepted; or
(b)offers or invitations to enter into wagering contracts are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations—
but does not include a facility that provides a mechanism through which a wagering contract is made with a bookmaker or a totalisator;
publication and use approval means an approval granted under section 2.5.19D;
publish means publish or disseminate, or cause to be published or disseminated, in any form or by any method of communication;
wagering contract means a contract, arrangement or understanding—
(a)to make a bet or wager; or
(b)to enter into or take a share or interest in another transaction that involves a bet or wager;
wagering service provider means—
(a)a person who operates a totalisator in Victoria or elsewhere;
(b)a person who operates a betting exchange in Victoria or elsewhere;
(c)a person who, in Victoria or elsewhere, carries on the business of, or acts as, a bookmaker or turf commission agent;
(d)a person who, in Victoria or elsewhere, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers;
(e)an employee or agent of a person mentioned in paragraph (a), (b), (c) or (d).
2.5.19BRestrictions on publication and use of race fields
(1)A wagering service provider must not, in Victoria or elsewhere, publish, use or otherwise make available, a race field in the course of business unless—
(a)the wagering service provider has obtained the publication and use approval of the appropriate controlling body; and
(b)the wagering service provider complies with the conditions (if any) to which the approval is subject.
Penalty:60 penalty units.
(2)Subsection (1) does not apply to—
(a)the licensee within the meaning of Chapter 4; or
(b)the wagering operator; or
(c)an approved bookmaker; or
(d)a publication that is approved under section 2.5.19.
2.5.19CApplication for race field publication and use approval
(1)A wagering service provider may apply to an appropriate controlling body for publication and use approval.
(2)An application for approval must—
(a)be made in the prescribed time; and
(b)be in the prescribed form; and
(c)contain or be accompanied by any additional information the controlling body requires.
2.5.19DPublication and use approval
(1)An appropriate controlling body may grant an approval to a wagering service provider to publish, use or otherwise make available in the course of business, in Victoria or elsewhere, a race field if the wagering service provider makes an application for that approval in accordance with section 2.5.19C.
(2)For the purposes of determining an application for publication and use approval, an appropriate controlling body—
(a)must consider the prescribed matters (if any);
(b)may consider any other matters the appropriate controlling body considers to be relevant.
(3)An appropriate controlling body must—
(a)determine an application by either granting or refusing publication and use approval in the prescribed time; and
(b)notify the applicant in writing of its decision to grant or refuse publication and use approval in the prescribed time.
(4)Publication and use approval may be granted subject to any conditions the appropriate controlling body thinks fit, including a condition that the wagering service provider pay a fee or a series of fees of an amount or amounts and in the manner specified in the approval.
(5)Any fee that is payable as a condition of the approval is a debt due to the appropriate controlling body that granted the approval and may be recovered in any court of competent jurisdiction.
(6)Publication and use approval—
(a)takes effect on the day specified by the appropriate controlling body in the approval; and
(b)remains in force for the period specified by the appropriate controlling body in the approval, unless revoked earlier under subsection (7).
(7)At any time the appropriate controlling body, by written notice to the wagering service provider, may—
(a)vary the publication and use approval (including a variation of the conditions to which the approval is subject); or
(b)revoke the publication and use approval for any reasonable cause stated by the appropriate controlling body in the notice of revocation.
2.5.19ETribunal review
(1)A wagering service provider whose interests are affected by the relevant decision may apply to the Tribunal for review of a decision of an appropriate controlling body—
(a)to refuse an application by the wagering service provider for publication and use approval;
(b)to impose a condition on the publication and use approval (other than a condition relating to the payment of a fee or series of fees);
(c)to vary or revoke the publication and use approval (other than the variation of a condition relating to the payment of a fee or series of fees).
(2)An application for review must be made within 28 days after the latest of—
(a)the day on which the decision was made;
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the wagering service provider requests a statement of reasons for the decision, the day on which the statement of reasons is given to the wagering service provider or the wagering service provider is informed under section 46(5) of that Act that a statement of reasons will not be given;
(c)if, under section 10.1.24, the wagering service provider requests a statement of reasons for the decision, the day on which the statement of reasons is given to the wagering service provider or the wagering service provider is informed under section 10.1.23(6) that a statement of reasons will not be given.
2.5.19FTrade Practices Act and Competition Code
(1)For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following things are authorised by this Act—
(a)any agreement entered into between—
(i)2 or more appropriate controlling bodies in relation to the appointment of an agent to collect, or the collection by an agent or any of the controlling bodies of, fees that are payable to those bodies under a publication and use approval; or
(ii)one or more appropriate controlling bodies and any corresponding body of another State or Territory in relation to the appointment of an agent to collect, or the collection by an agent or any of the controlling bodies of, fees that are payable to those bodies in relation to the publication or use of a race field;
(b)the conduct of appropriate controlling bodies and any agents in negotiating and entering an agreement under paragraph (a);
(c)the conduct of appropriate controlling bodies and any agent in performing an agreement under paragraph (a).
(2)In this section—
agreement includes a contract, arrangement or understanding.".
7Matters to be considered in determining application—approval or modification of premises
(1)After section 3.3.7(4) of the Gambling Regulation Act 2003 insert—
"(5)The Commission cannot approve an area as a gaming machine area unless that area is wholly indoors.".
(2)After section 3.3.16(3) of the Gambling Regulation Act 2003 insert—
"(3A)The Commission cannot grant an application for approval of modification of a gaming machine area unless that area as modified is wholly indoors.".
8Application for venue operator's licence
After section 3.4.8(2)(b) of the Gambling Regulation Act 2003 insert—
"(ba)set out details of the self-exclusion program that the applicant intends to conduct if the licence is granted; and
(bb)be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and".
9Matters to be considered in determining applications—venue operator's licence
(1)In section 3.4.11(1)(d) of the Gambling Regulation Act 2003 for "other." substitute "other; and".
(2)After section 3.4.11(1)(d) of the Gambling Regulation Act 2003 insert—
"(e)the self-exclusion program complies with—
(i)any direction given under section 10.6.1; and
(ii)the additional requirements set out in section 10.6.2; and
(f)the Responsible Gambling Code of Conduct complies with—
(i)any direction given under section 10.6.6; and
(ii)the additional requirements set out in section 10.6.7.".
10Determination of applications and duration of licence—venue operator's licence
(1)In section 3.4.12(2) of the Gambling Regulation Act 2003 after "conditions" insert "imposed by this Act and".
(2)In section 3.4.12(2)(c) of the Gambling Regulation Act 2003 for "premises." substitute "premises; and".
(3)After section 3.4.12(2)(c) of the Gambling Regulation Act 2003 insert—
"(d)the self-exclusion program that will be conducted by the licensee; and
(e)the Responsible Gambling Code of Conduct that will be implemented by the licensee.".
11New sections 3.4.12A and 3.4.12B inserted
After section 3.4.12 of the Gambling Regulation Act 2003 insert—
"3.4.12A Self-exclusion program is a condition of licence
It is a condition of a venue operator's licence that the venue operator conduct a self‑exclusion program that has been approved by the Commission.
3.4.12BResponsible Gambling Code of Conduct is a condition of licence
It is a condition of a venue operator's licence that the venue operator implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
12Disciplinary action against venue operator
In section 3.4.25(1) of the Gambling Regulation Act 2003, in the definition of grounds for disciplinary action, after paragraph (f) insert—
"(g)that there have been repeated breaches by the venue operator of the operator's self‑exclusion program;
(h)that there have been repeated breaches by the venue operator of the operator's Responsible Gambling Code of Conduct;".
13New section 3.5.32A inserted
After section 3.5.32 of the Gambling Regulation Act 2003 insert—
"3.5.32A Limiting placement of automatic teller machines and amount that can be withdrawn in a 24 hour period
(1)A venue operator must not provide, or allow another person to provide, an automatic teller machine in a gaming machine area.
Penalty:60 penalty units.
(2)A venue operator must not provide, or allow another person to provide, an automatic teller machine in any other part of an approved venue (other than an approved venue that is on a race-course), if the automatic teller machine allows a person to withdraw, on any one debit or credit card, an amount of cash exceeding $400 in total in a period of 24 hours.
Penalty:60 penalty units.
(3)If an approved venue is on a race-course, a venue operator must not provide, or allow another person to provide, an automatic teller machine within 50 metres of an entrance to a gaming machine area in the approved venue, if the automatic teller machine allows a person to withdraw, on any one debit or credit card, an amount of cash exceeding $400 in total in a period of 24 hours.
Penalty:60 penalty units.
(4)This section does not apply to a venue operator who is a casino operator.
(5)In this section—
approved venue includes the exterior walls of the venue;
race-course has the same meaning as in the Racing Act 1958.".
14Payment of accumulated credits and cashing of cheques
After section 3.5.33(3) of the Gambling Regulation Act 2003 insert—
"(3A)A venue operator must not exchange a cheque at an approved venue for cash if the value of the cheque is more than $400.
Penalty:40 penalty units.
(3B)A venue operator must not exchange at an approved venue, more than one cheque for cash for any one person, within a period of 24 hours.
Penalty:40 penalty units.".
15New section 3.5.33A inserted
After section 3.5.33 of the Gambling Regulation Act 2003 insert—
"3.5.33A Playing of gaming machines by intoxicated persons prohibited
A venue operator must not knowingly allow a person who is in a state of intoxication to play a gaming machine.
Penalty:40 penalty units.
Note
Intoxication is defined in section 1.3A.".
16Community benefit statements
For section 3.6.9(3) of the Gambling Regulation Act 2003 substitute—
"(3)The Minister, by order published in the Government Gazette, may from time to time—
(a)determine the kind of activities or purposes that constitute community purposes;
(b)determine the kind of activities or purposes that do not constitute community purposes;
(c)specify the maximum amount of gaming revenue (if any) that can be claimed by the venue operator in respect of each community purpose determined under paragraph (a).
(3A)For the purposes of subsection (3)(c), the Minister may determine the maximum amount of gaming revenue that can be claimed by the venue operator in respect of each community purpose by specifying—
(a)a percentage amount; or
(b)a dollar amount; or
(c)any other method that specifies the maximum amount that can be claimed by a venue operator.".
17New section 3.6.9A inserted
After section 3.6.9 of the Gambling Regulation Act 2003 insert—
"3.6.9A Ministerial directions as to requirements of community benefit statements
(1)The Minister may from time to time give a direction in writing to the Commission or to venue operators as to any one or more of the following matters—
(a)the information that a venue operator must include in a community benefit statement;
(b)the level of detail to be set out in respect of each claim made by a venue operator in a community benefit statement;
(c)any other matter relating to the requirements to be met by venue operators in relation to community benefit statements.
(2)The Minister may vary or revoke a direction by further direction in writing to the Commission.
(3)The Commission must, as soon as possible after receiving a direction under this section, cause notice of the direction to be published in the Government Gazette.
(4)The Commission and venue operators are bound by a direction given under this section.
(5)The Commission must publish in its report under Part 7 of the Financial Management Act 1994 for a financial year all directions given by the Minister under this section during that year.".
18Compliance requirements
In section 3.7.2(2) of the Gambling Regulation Act 2003, after "Chapter" insert ", except to the extent that they are relevant to any requirements imposed on a venue operator under section 3.6.9 or 3.6.9A in respect of a community benefit statement".
19Duration of wagering licence and licence conditions
In section 4.3.9(1) of the Gambling Regulation Act 2003 after "the licence" (where secondly occurring) insert "and any conditions imposed by this Act".
20Amendment of wagering licence conditions
In section 4.3.10 of the Gambling Regulation Act 2003 after "term" insert "and conditions imposed by this Act".
21New section 4.3.10A inserted
After section 4.3.10 of the Gambling Regulation Act 2003 insert—
"4.3.10A Responsible Gambling Code of Conduct is a condition of licence
It is a condition of the wagering licence that the licensee and the wagering operator implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
22Disciplinary action—wagering licence
In section 4.3.31(1) of the Gambling Regulation Act 2003—
(a)omit "contravened";
(b)in paragraph (a), before "a condition" insert "contravened";
(c)in paragraph (b), before "the" insert "contravened";
(d)after paragraph (b), insert—
"(ba)repeatedly breached the licensee's Responsible Gambling Code of Conduct; or";
(e)in paragraph (c), before "a gaming" insert "contravened";
(f)after "contravention" insert "or breach".
23New section 4.7.7 inserted
After section 4.7.6 of the Gambling Regulation Act 2003 insert—
"4.7.7 Gambling by intoxicated persons prohibited
The holder of the wagering licence or the wagering operator must not knowingly accept a bet from a person who is in a state of intoxication.
Penalty:40 penalty units.
Note
Intoxication is defined in section 1.3A.".
24Application for public lottery licence
In section 5.3.3(2)(a) of the Gambling Regulation Act 2003 for "documents," substitute "documents (including a Responsible Gambling Code of Conduct approved by the Commission),".
25Report to Minister by Commission—public lottery licence
(1)In section 5.3.4(1)(g) of the Gambling Regulation Act 2003 for "business." substitute "business;".
(2)After section 5.3.4(1)(g) of the Gambling Regulation Act 2003 insert—
"(h)the Responsible Gambling Code of Conduct accompanying the application complies with any directions given under section 10.6.6 and the additional requirements set out in section 10.6.7, and has been approved by the Commission.".
26New section 5.3.7B inserted
After section 5.3.7A of the Gambling Regulation Act 2003 insert—
"5.3.7B Responsible Gambling Code of Conduct is a condition of licence
It is a condition of a public lottery licence that the public lottery licensee implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
27Grounds for disciplinary action
In section 5.3.21 of the Gambling Regulation Act 2003—
(a)in paragraph (h), for "way." substitute "way;";
(b)after paragraph (h), insert—
"(i)the licensee has repeatedly breached the licensee's Responsible Gambling Code of Conduct.".
28New section 6.2.6C inserted
After section 6.2.6B of the Gambling Regulation Act 2003 insert—
"6.2.6C Responsible Gambling Code of Conduct
The participants operating a club keno system must implement a Responsible Gambling Code of Conduct that has been approved by the Commission in relation to the operation of the club keno system.".
29Application for interactive gaming licence
For section 7.3.1(2)(c) of the Gambling Regulation Act 2003 substitute—
"(c)must—
(i)be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and
(ii)contain or be accompanied by any additional information that the Commission requests.".
30Matters to be considered in determining interactive gaming licence applications
(1)In section 7.3.2(1)(b) of the Gambling Regulation Act 2003 for "licence." substitute "licence; and".
(2)After section 7.3.2(1)(b) of the Gambling Regulation Act 2003 insert—
"(c)that the Responsible Gambling Code of Conduct accompanying the application complies with—
(i)any directions given under section 10.6.6; and
(ii)the additional requirements set out in section 10.6.7.".
31Determination of interactive gaming licence applications
In section 7.3.5(2) of the Gambling Regulation Act 2003 after "conditions" insert "imposed by this Act and any conditions".
32New section 7.3.5A inserted
After section 7.3.5 of the Gambling Regulation Act 2003 insert—
"7.3.5A Responsible Gambling Code of Conduct is a condition of licence
It is a condition of an interactive gaming licence that the holder of the licence implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
33Changing conditions of interactive gaming licence
In section 7.3.6 of the Gambling Regulation Act 2003 after "gaming licence" insert "(other than a condition imposed by this Act)".
34Grounds for disciplinary action—interactive gaming licence
After section 7.3.10(1)(h) of the Gambling Regulation Act 2003 insert—
"(ha)the licensed provider has repeatedly breached the Responsible Gambling Code of Conduct of the licensed provider;".
35Application for bingo centre operator's licence
For section 8.5.3(1) of the Gambling Regulation Act 2003 substitute—
"(1)An application for a licence must—
(a)be in the form approved by the Commission; and
(b)be accompanied by the prescribed fee; and
(c)be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted.".
36Matters to be considered in determining bingo centre operator's licence applications
(1)In section 8.5.6(1)(b) of the Gambling Regulation Act 2003 for "centre." substitute "centre; and".
(2)After section 8.5.6(1)(b) of the Gambling Regulation Act 2003 insert—
"(c)the Responsible Gambling Code of Conduct accompanying the application complies with—
(i)any directions given under section 10.6.6; and
(ii)the additional requirements set out in section 10.6.7.".
37Determination of bingo centre operator's licence applications
In section 8.5.7(3)(b) of the Gambling Regulation Act 2003 after "conditions" insert "imposed by this Act or".
38New section 8.5.7A inserted
After section 8.5.7 of the Gambling Regulation Act 2003 insert—
"8.5.7A Responsible Gambling Code of Conduct is a condition of licence
It is a condition of a bingo centre operator's licence that the bingo centre operator implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
39Amendment of bingo centre operator's licence conditions
In section 8.5.12(1) of the Gambling Regulation Act 2003 after "prescribed conditions" insert "or conditions imposed by this Act".
40Disciplinary action—bingo operator's licence
In section 8.5.13(1) of the Gambling Regulation Act 2003, in the definition of grounds for disciplinary action, after paragraph (h) insert—
"(i)that the bingo centre operator has repeatedly breached the operator's Responsible Gambling Code of Conduct;".
41Application for commercial raffle organiser's licence
For section 8.5A.5(2) of the Gambling Regulation Act 2003 substitute—
"(2)An application for a licence must—
(a)be in the form approved by the Commission; and
(b)be accompanied by the prescribed fee; and
(c)be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted.".
42Matters to be considered in determining commercial raffle organiser's licence applications
(1)In section 8.5A.7(2)(e) of the Gambling Regulation Act 2003 for "capacity." substitute "capacity;".
(2)After section 8.5A.7(2)(e) of the Gambling Regulation Act 2003 insert—
"(f)the Responsible Gambling Code of Conduct accompanying the application complies with—
(i)any directions given under section 10.6.6; and
(ii)the additional requirements set out in section 10.6.7.".
43Determination of commercial raffle organiser's licence applications
In section 8.5A.8(3)(b) of the Gambling Regulation Act 2003 after "conditions" insert "imposed by this Act or".
44New section 8.5A.8A inserted
After section 8.5A.8 of the Gambling Regulation Act 2003 insert—
"8.5A.8A Responsible Gambling Code of Conduct is a condition of licence
It is a condition of a commercial raffle organiser's licence that the licensee implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
45Amendment of commercial raffle organiser's licence conditions
In section 8.5A.13(1) of the Gambling Regulation Act 2003 after "prescribed conditions" insert "or conditions imposed by this Act".
46Disciplinary action—commercial raffle organiser's licence
In section 8.5A.14(1) of the Gambling Regulation Act 2003, in the definition of grounds for disciplinary action, after paragraph (g) insert—
"(h)that the licensee has repeatedly breached the licensee's Responsible Gambling Code of Conduct;".
47Functions of Commission
Before section 10.1.4(2)(g) of the Gambling Regulation Act 2003 insert—
"(fb)ensuring that proposed self-exclusion programs are of a satisfactory standard and comply with—
(i)any directions given under section 10.6.1; and
(ii)the additional requirements set out in section 10.6.2;
(fc)monitoring approved self-exclusion programs to ensure that they remain satisfactory and comply with—
(i)any directions given under section 10.6.1; and
(ii)the additional requirements set out in section 10.6.2;
(fd)ensuring that proposed Responsible Gambling Codes of Conduct are of a satisfactory standard and comply with—
(i)any directions given under section 10.6.6; and
(ii)the additional requirements set out in section 10.6.7;
(fe)monitoring the compliance of relevant persons (within the meaning of section 10.6.5) with their Responsible Gambling Codes of Conduct;".
48Are Commission proceedings open to the public?
After section 10.1.22(2)(c)(iii) of the Gambling Regulation Act 2003 insert—
"(iv)vary the approved self-exclusion program;
(v)vary the approved Responsible Gambling Code of Conduct;".
49New Part 6 inserted in Chapter 10
After Part 5 of Chapter 10 of the Gambling Regulation Act 2003 insert—
"Part 6—Self Exclusion Programs and REsponsible Gambling Codes of Conduct
Division 1—Self-exclusion programs
10.6.1Ministerial directions as to requirements of self-exclusion programs
(1)The Minister may from time to time give a direction in writing to the Commission in relation to one or more of the following—
(a)the standards and requirements that a self-exclusion program approved by the Commission, and conducted by a venue operator, must meet;
(b)guidelines in respect of self-exclusion programs;
(c)the content, monitoring and enforcement of self-exclusion programs.
(2)The Minister may vary or revoke a direction by further direction in writing to the Commission.
(3)The Commission must, as soon as possible after receiving a direction under this section, cause notice of the direction to be published in the Government Gazette.
(4)The Commission is bound by a direction given under this section.
10.6.2Self-exclusion program additional requirements
In addition to any directions given by the Minister under section 10.6.1, a self-exclusion program must—
(a)detail how a person will be able to voluntarily exclude himself or herself under the program; and
(b)detail how a person will be able to opt out of the program; and
(c)be appropriate for the nature and size of the gaming machine area; and
(d)require the venue operator to assist customers to exclude themselves in an effective manner; and
(e)set out a review process by which the venue operator will assess the operation and effectiveness of the program.
10.6.3Approval of self-exclusion program
(1)The Commission may approve or refuse to approve a self-exclusion program.
(2)The Commission must not approve a self‑exclusion program unless satisfied that the program—
(a)complies with any directions given under section 10.6.1; and
(b)meets the additional requirements set out in section 10.6.2.
10.6.4Obligation on venue operators if requirements in respect of self-exclusion program change
(1)This section applies to a venue operator if—
(a)the Minister gives or varies a direction under section 10.6.1 that results in a change to, or addition of, requirements to be met by the venue operator conducting a self-exclusion program; and
(b)the self-exclusion program of the venue operator does not comply with the direction or variation.
(2)A venue operator must, within 6 months after the date of the direction or variation—
(a)amend the self-exclusion program so that it complies with the direction or variation; and
(b)submit the amended self-exclusion program to the Commission for approval.
(3)The Commission must approve an amended self-exclusion program submitted under subsection (2) if it complies with the direction or variation.
(4)The Commission may extend the period referred to in subsection (2) for a venue operator to submit an amended self-exclusion program if that program requires further amendment before the Commission can approve it under subsection (3).
Division 2—Responsible Gambling Codes of Conduct
10.6.5Definition
In this Part—
relevant person means—
(a)a venue operator;
(b)the holder of the wagering licence;
(c)a wagering operator;
(d)a public lottery licensee;
(e)a holder of a commercial raffle organiser's licence;
(f)a bingo centre operator;
(g)a casino operator;
(h)the holder of an interactive gaming licence;
(i)the participants within the meaning of Chapter 6 (Club Keno).
10.6.6Ministerial directions as to requirements of Responsible Gambling Codes of Conduct
(1)The Minister may from time to time give a direction in writing to the Commission in relation to one or more of the following—
(a)the standards and requirements that a Responsible Gambling Code of Conduct approved by the Commission, and implemented by a relevant person, must meet;
(b)guidelines in respect of Responsible Gambling Codes of Conduct;
(c)the content, monitoring and enforcement of Responsible Gambling Codes of Conduct.
(2)The Minister may vary or revoke a direction by further direction in writing to the Commission.
(3)The Commission must, as soon as possible after receiving a direction under this section, cause notice of the direction to be published in the Government Gazette.
(4)The Commission is bound by a direction given under this section.
10.6.7Responsible Gambling Code of Conduct additional requirements
In addition to any directions given by the Minister under section 10.6.6, a Responsible Gambling Code of Conduct must—
(a)demonstrate a commitment by the relevant person to foster responsible gambling; and
(b)be appropriate for, and relevant to, the nature and type of gambling the relevant person is authorised to provide; and
(c)set out a review process by which the relevant person will assess the operation and effectiveness of the Code.
10.6.8Approval of Responsible Gambling Code of Conduct
(1)The Commission may approve or refuse to approve a Responsible Gambling Code of Conduct.
(2)The Commission must not approve a Responsible Gambling Code of Conduct unless satisfied that the Responsible Gambling Code of Conduct—
(a)complies with any directions given under section 10.6.6; and
(b)meets the additional requirements set out in section 10.6.7.
10.6.9Obligation on relevant persons if requirements in respect of Responsible Gambling Code of Conduct change
(1)This section applies to a relevant person if—
(a)the Minister gives or varies a direction under section 10.6.6 that results in a change to, or addition of, requirements to be met by the relevant person implementing a Responsible Gambling Code of Conduct; and
(b)the Responsible Gambling Code of Conduct of the relevant person does not comply with the direction or variation.
(2)A relevant person must, within 6 months after the date of the direction or variation—
(a)amend the Responsible Gambling Code of Conduct so that it complies with the direction or variation; and
(b)submit the amended Responsible Gambling Code of Conduct to the Commission for approval.
(3)The Commission must approve an amended Responsible Gambling Code of Conduct submitted under subsection (2) if it complies with the direction or variation.
(4)The Commission may extend the period referred to in subsection (2) for a relevant person to submit an amended Responsible Gambling Code of Conduct if that Code of Conduct requires further amendment before the Commission can approve it under subsection (3).
Division 3—General
10.6.10Reports to Minister
The Commission must give each of the following reports to the Minister at intervals not exceeding 12 months, and at any other times that the Minister requests—
(a)a report on self-exclusion programs including whether any disciplinary action was taken against a venue operator because of repeated breaches of the venue operator's self-exclusion program;
(b)a report on Responsible Gambling Codes of Conduct including the following—
(i)the effectiveness of Responsible Gambling Codes of Conduct;
(ii)the level of compliance by relevant persons;
(iii)whether any disciplinary action was taken against a relevant person because of repeated breaches of the relevant person's Responsible Gambling Code of Conduct;
(iv)whether any programs, including educational programs, were conducted by the Commission for the benefit of relevant persons in order to increase compliance with, and the effectiveness of, Responsible Gambling Codes of Conduct.
__________________".
50Transitional
After Part 17 of Schedule 7 to the Gambling Regulation Act 2003 insert—
"Part 18—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007
Division 1—Preliminary
18.1Definition
In this Part—
Amending Act means the Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007.
Division 2—Publication and use of race fields
18.2Publication and use approvals
(1)An approval that was in force under section 2.5.16A immediately before the commencement day is taken, on and after that day, to be a publication and use approval under section 2.5.19D.
(2)In this clause—
commencement day means the day on which section 6 of the Amending Act comes into operation.
Division 3—Self-exclusion programs
18.3Venue operator's licence
(1)Subject to subclause (2), the licence condition set out in section 3.4.12A applies to a venue operator licence whether the licence was granted before, on or after the commencement day.
(2)If a venue operator licence was granted before the commencement day, the condition set out in section 3.4.12A does not apply to the licence until the day that is 6 months after the commencement day.
(3)In this clause—
commencement day means the day on which section 11 of the Amending Act comes into operation.
Division 4—Responsible Gambling Codes of Conduct
18.4Venue operator's licence
(1)Subject to subclause (2), the licence condition set out in section 3.4.12B applies to a venue operator licence whether the licence was granted before, on or after the commencement day.
(2)If a venue operator licence was granted before the commencement day, the condition set out in section 3.4.12B does not apply to the licence until the day that is 6 months after the commencement day.
(3)In this clause—
commencement day means the day on which section 11 of the Amending Act comes into operation.
18.5The wagering licence
(1)The licence condition set out in section 4.3.10A applies only to the wagering licence that was in force immediately before the commencement day, but does not apply to that licence until the day that is 6 months after the commencement day.
(2)In this clause—
commencement day means the day on which section 21 of the Amending Act comes into operation.
18.6Public lottery licence
(1)Subject to subclause (2), the licence condition set out in section 5.3.7B applies to a public lottery licence whether the licence was granted before, on or after the commencement day.
(2)If a public lottery licence was granted before the commencement day, the condition set out in section 5.3.7B does not apply to the licence until the day that is 6 months after the commencement day.
(3)In this clause—
commencement day means the day on which section 26 of the Amending Act comes into operation.
18.7Club keno system
(1)Section 6.2.6C does not apply to the participants operating a club keno system until the day that is 6 months after the commencement day.
(2)In this clause—
commencement day means the day on which section 28 of the Amending Act comes into operation.
18.8Interactive gaming licence
(1)Subject to subclause (2), the licence condition set out in section 7.3.5A applies to an interactive gaming licence whether the licence was granted before, on or after the commencement day.
(2)If an interactive gaming licence was granted before the commencement day, the condition set out in section 7.3.5A does not apply to the licence until the day that is 6 months after the commencement day.
(3)In this clause—
commencement day means the day on which section 32 of the Amending Act comes into operation.
18.9Bingo centre operator's licence
(1)Subject to subclause (2), the licence condition set out in section 8.5.7A applies to a bingo centre operator's licence whether the licence was granted before, on or after the commencement day.
(2)If a bingo centre operator's licence was granted before the commencement day, the condition set out in section 8.5.7A does not apply to the licence until the day that is 6 months after the commencement day.
(3)In this clause—
commencement day means the day on which section 38 of the Amending Act comes into operation.
18.10Commercial raffle organiser's licence
(1)Subject to subclause (2), the licence condition set out in section 8.5A.8A applies to a commercial raffle organiser's licence whether the licence was granted before, on or after the commencement day.
(2)If a commercial raffle organiser's licence was granted before the commencement day, the condition set out in section 8.5A.8A does not apply to the licence until the day that is 6 months after the commencement day.
(3)In this clause—
commencement day means the day on which section 44 of the Amending Act comes into operation.".
51Statute law revision
In the Gambling Regulation Act 2003—
(a)in section 1.3(1), in the definitions of AFL footy tipping competition and soccer football pool, for "public lottery" substitute "lottery";
(b)section 10.1.26(2)(b) is repealed.
__________________
Part 3—Amendments to Casino Control Act 1991
52Definition
In section 3(1) of the Casino Control Act 1991 insert the following definition—
"Responsible Gambling Code of Conduct has the same meaning as in the Gambling Regulation Act 2003;".
53New section 3A inserted
After section 3 of the Casino Control Act 1991 insert—
"3A What is intoxication?
For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, co-ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor.
Note
The Director of Liquor Licensing (appointed under section 149 of the Liquor Control Reform Act 1998) issues guidelines containing information about how to determine whether a person is in a state of intoxication. See section 3AB of the Liquor Control Reform Act 1998.".
54Application for casino licence
For section 8(3) of the Casino Control Act 1991 substitute—
"(3)The application must—
(a)be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and
(b)contain or be accompanied by any additional information the Commission requires.".
55Cancellation, suspension or variation of casino licence
In section 20(1) of the Casino Control Act 1991, in the definition of grounds for disciplinary action, after paragraph (da), insert—
"(db)that there have been repeated breaches by the casino operator of the casino operator's Responsible Gambling Code of Conduct;".
56New section 62AA inserted
After section 62 of the Casino Control Act 1991 insert—
"62AA Gaming machines must be located indoors
A casino operator must not allow game to be played on a gaming machine in the casino that is not located wholly indoors.".
57New section 69 inserted
After section 68 of the Casino Control Act 1991 insert—
"69 Responsible Gambling Code of Conduct is a condition of licence
It is a condition of a casino licence that the casino operator implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
58New section 81AAA inserted
After section 81AA of the Casino Control Act 1991 insert—
"81AAA Limiting placement of automatic teller machines and amount that can be withdrawn in a 24 hour period
A casino operator must not provide, or allow another person to provide, in the casino or within 50 metres of any entrance to the casino, an automatic teller machine, if the automatic teller machine allows a person to withdraw, on any one debit or credit card, an amount of cash exceeding $400 in total in a period of 24 hours.
Penalty:60 penalty units.".
59New section 81AAC inserted
After section 81AAB of the Casino Control Act 1991 insert—
"81AAC Gambling or betting by intoxicated persons prohibited
A casino operator must not knowingly allow a person who is in a state of intoxication to gamble or bet in the casino.
Penalty:40 penalty units.
Note
Intoxication is defined in section 3A.".
60Transitional
After section 170 of the Casino Control Act 1991 insert—
"171 Transitional provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007
Schedule 4 has effect.".
61New Schedule 4 inserted
After Schedule 3 to the Casino Control Act 1991 insert—
"__________________
SCHEDULE 4
Section 171
Transitional Provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007
1Definitions
In this Schedule—
Amending Act means the Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007;
commencement day means the day on which section 57 of the Amending Act comes into operation.
2Responsible Gambling Code of Conduct
(1)Subject to subclause (2), the licence condition set out in section 69 applies to a casino licence whether the licence was granted before, on or after the commencement day.
(2)If a casino licence was granted before the commencement day, the condition set out in section 69, as inserted by section 57 of the Amending Act, does not apply to the licence until the day that is 6 months after the commencement day.".
__________________
Part 4—Amendment to Liquor Control Reform Act 1998
62Consequential amendment of meaning of intoxication
In section 3AB(2) of the Liquor Control Reform Act 1998, after "Act" insert ", the Casino Control Act 1991 or the Gambling Regulation Act 2003".
__________________
Part 5—Repeal of Amending Act
63Repeal of Act
This Act is repealed on 1 January 2011.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 1 November 2007
Legislative Council: 22 November 2007
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 Liquor Control Reform Act 1998 and for other purposes."
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