Untitled document

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	3

PART 2—MINOR GAMING 4

4.	Definitions	4
5.	Offence in relation to pooling schemes	4
6.	Agreements to conduct bingo	5
7.	Pooling schemes	5

26A.	Membership of pooling scheme	5
26B.	When can a pooling scheme operate?	5
26C.	Pooling scheme rules	6
26D.	Authority may specify matters for rules	6
26E.	Disallowance of rules	7
26F.	Scheme administrator	7
26G.	Amendment of rules	8
26H.	Application to political parties	9

8.        Community and charitable organisations may conduct trade

promotion lotteries 10
9.	Returns to the Authority 10
10.	Banking 10
11.	Lucky envelopes 10
12.	Expenses of bingo 11

PART 3—FUNCTIONS OF DIRECTOR AND APPEALS

PROVISIONS 13

13.	Declaration of community or charitable organisation	13
14.	Amendments to Part 3	13

i

Section Page

15.	New Division 1 and Division 2 heading inserted	14
Division 1—Community or Charitable Organisations	14

12A.	Application to be declared as a community or charitable
organisation 14
12B.	Director may make declaration 14
12C.	Provision of further information 15
12D.	Can the applicant appeal? 15
12E.	Authority to determine appeal 16
12F.	Can a declaration be revoked? 16
12G.	Authority may decide to revoke declaration 16
12H.	Organisation may make submissions 17
12I.	Revocation of declaration 17
12J.	Appeal to Supreme Court 18
Division 2—Permits	19

16.	Amendments consequential on new Division 1 of Part 3	19
17.	Section 87 (review by VCAT): amendment consequential on new
Division 1 of Part 3	19
18.	Deeming of previous declarations	20
19.	Extension of certain appeal periods	20
20.	Transitional provisions—appeal periods	20

124. Transitional provisions—appeal periods 20

PART 4—RESPONSIBLE GAMBLING 22

21.	Use of certain amusement machines prohibited	22
22.	Amendment of delegation powers and secrecy provisions	22
23.	Power to enter memorandum of understanding	23
104A. Memorandum of understanding	23

PART 5—LICENSED PERSONS 26

24.	New offence for trade promotion lotteries	26
25.	Operator may carry out certain employee duties	26

52A. Operator may carry out certain employee duties 26

26.	Employee's licence period extended	27
27.	Increase in penalty and extension of offence to associates	27
28.	Cancellation of licences	28
29.	Suspension of licences	28

PART 6—ASSOCIATES 30

30.	Definitions of "associate" and "nominee"	30
31.	Updating of information	30
32.	Monitoring of associates	31

ii

Section Page

33. Offence to give false or misleading information 33

═══════════════

ENDNOTES 34

iii

Victoria

No. 90 of 2000

Gaming No. 2 (Community Benefit) Act

2000†

[Assented to 5 December 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purpose of this Act is to amend the

Gaming No. 2 Act 1997—

(a) to provide for pooling of funds in bingo centres;

Gaming No. 2 (Community Benefit) Act 2000

s. 2 Act No. 90/2000

(b)	to make further provision in relation to community and charitable organisations by providing for—
(i)

a more transparent application process organisations;

(ii) as an adjunct to the community or

the conduct of trade promotion lotteries organisations;

(iii)

the regulation of expenses charged to and selling lucky envelopes;

(c)

to prohibit cash prizes on amusement recreational centres;

(d) to make further provision in the Gaming No. 2 Act 1997 for activities regulated by the Act and administration of that Act.

2. Commencement

(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into

operation before 31 December 2002, it comes into
operation on that day.

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 3

3. Principal Act

See:

In this Act, the Gaming No. 2 Act 1997 is called	Act No.
the Principal Act.	16/1997. Reprint No. 1
as at 1 June 1999
and amending
Act No.
41/1999.
LawToday:
dpc.vic.
gov.au

_______________
Gaming No. 2 (Community Benefit) Act 2000

s. 4 Act No. 90/2000

PART 2—MINOR GAMING

4. Definitions

In section 3 of the Principal Act, insert the
following definitions—

' "gross proceeds", in relation to a bingo game or

session of bingo games, means the gross
receipts less the prizes paid for that game or

session;

"pooling scheme" means an arrangement,

whether or not in writing and whether or not
enforceable at law, under which a person
derives a direct or indirect benefit from the
gross proceeds of the conduct of a session of
bingo games and that person is not the holder

of the minor gaming permit for that session;'.

5. Offence in relation to pooling schemes

At the end of section 21 of the Principal Act
insert—

"(2) A person must not administer or assist in the

administration of a pooling scheme

otherwise than in accordance with—

(a) this Act; and
(b) the regulations; and

(c) the rules of the pooling scheme.

Penalty:  20 penalty units for a first offence;
50 penalty units for a second or
subsequent offence.".

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 6

6. Agreements to conduct bingo

In section 26(2) of the Principal Act, for
paragraph (e) substitute—

"(e) the maximum fee, determined in accordance

with the regulations and not exceeding 2% of
the gross receipts, to be paid to the operator

for each session of bingo.".

7. Pooling schemes

After section 26 of the Principal Act insert—

'26A. Membership of pooling scheme

The members of a pooling scheme are—

(a)

the community or charitable to conduct bingo in a particular place or places; and

(b) if the particular place or places referred to in paragraph (a) are bingo centres, the holders of the operator's licences in respect of those centres.

26B. When can a pooling scheme operate?

(1) A pooling scheme may only operate if—

(a) organisations conducting bingo games

all the community or charitable which the scheme applies are members of the scheme; and

(b) the Authority has been given a copy of the rules of the scheme before the scheme comes into operation.

(2) A pooling scheme operates for 3 years or, if a shorter period is set out in the rules of the scheme, that shorter period.

Gaming No. 2 (Community Benefit) Act 2000

s. 7 Act No. 90/2000

26C. Pooling scheme rules

(1) A pooling scheme is governed by the rules of

the scheme adopted by the members of the
scheme.

(2) The rules—

(a)	must not be inconsistent with this Act, the regulations or the conditions of the relevant permits; and
(b)	must deal with the matters specified from time to time by the Authority in a notice published under section 26D.

(3) The rules of a pooling scheme take effect—

(a)	28 days after a copy of the rules or the amendment has been given to the Authority; or
(b)	if the Authority agrees, from an earlier date specified by the Authority.

26D. Authority may specify matters for rules

The Authority, from time to time, by notice published in the Government Gazette, may specify the matters to be included in rules of

pooling schemes including, but not limited

to—

(a)	the money which must, or which must not, be paid into the pool;
(b)	the payment of expenses of the scheme administrator;

(c) settlements;

(d) the formula or other means by which payments to pool members are to be determined;

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 7

(e)

the circumstances under which an required for members of the scheme.

26E. Disallowance of rules

(1) The Authority, at any time, may disallow the rules of a pooling scheme or any amendment of those rules, by giving written notice to the members of the scheme, if the Authority

considers that the rules or the amendment—

(a) are not sufficiently clear or certain; or

(b)	do not provide for equitable treatment of the members; or
(c)	are inconsistent with this Act, the regulations or the conditions of the relevant permits.

(2) The disallowance of the rules or an

amendment to the rules takes effect on the day specified in the notice of disallowance.

26F. Scheme administrator

(1) A pooling scheme must have a scheme

administrator.

(2) The scheme administrator is—

(a)	if the holder of an operator's licence is a member of the scheme, that person; or
(b)	in any other case, a person appointed in accordance with the rules of the scheme.

(3) The scheme administrator must—

(a) establish and maintain a financial institution account in accordance with section 89 for all money forming part of the pool or incidentally involved in the pooling scheme; and

Gaming No. 2 (Community Benefit) Act 2000

s. 7 Act No. 90/2000

(b) ensure compliance with the rules of the scheme by the members of the scheme.

26G. Amendment of rules

(1) The rules of the pooling scheme may be

amended in accordance with this section.

(2) Subject to sub-section (3), an amendment to the rules does not take effect until—

(a)	it is approved by at least two-thirds of the community or charitable organisations which are members of the scheme in a vote on that amendment; and
(b)	the Authority has been given notice of the amendment and a copy of the amendment before the amendment comes into effect.

(3) An amendment to the rules of a pooling

scheme takes effect—

(a)	28 days after a copy of the amendment has been given to the Authority; or
(b)	if the Authority agrees, from an earlier date specified by the Authority.

(4) A member may not be removed from a pooling scheme without the member's consent unless an amendment is made to the

rules of the scheme removing that member. (5) An amendment to the rules which has the

effect of reducing the amount payable to the
scheme administrator in respect of the
expenses of conducting a bingo session is
only effective if the scheme administrator

consents to that amendment.

(6) An amendment to the rules may operate to
terminate the pooling scheme at any time.

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 7

(7) Despite any amendment to the rules being in

the direct or indirect interest of the member
or a related member of that member, a
member may vote on that amendment if that
interest is declared at the time of voting.

(8) A declaration under sub-section (7) must be

included in the notice of the amendment to
the Authority under sub-section (2)(b).

(9) A vote on an amendment to the rules is not

invalid merely because a member of the
pooling scheme failed to declare an interest
under sub-section (7).

(10) In this section, an organisation which is a member of the pooling scheme is a related member of another organisation which is a member of the pooling scheme if—

(a)	there is significant commonality of membership of those organisations; or
(b)

there is significant commonality of committees of those organisations; or

(c) the controlling offices of each of those organisations are held by the same person or persons.

26H. Application to political parties

(1) Nothing in sections 26A to 26G applies to an organisation declared under Division 1 of organisation which is conducted for the purposes of a political party.

(2) In sections 26A, 26B and 26G, a reference to "community or charitable organisation" does not include a reference to an organisation

declared under Division 1 of Part 3 to be a
community or charitable organisation which

Gaming No. 2 (Community Benefit) Act 2000

s. 8

s. 11 Act No. 90/2000

is conducted for the purposes of a political
party.'.

8.  Community and charitable organisations may conduct trade promotion lotteries

(1) In section 3 of the Principal Act, insert the

following definition—

' "trade or business", in relation to a community

or charitable organisation, includes the
conduct of a trade or business of promoting a
community or charitable purpose of the

organisation;'.

(2) In section 29(1)(b)(ii) of the Principal Act, after

"lottery" insert "or promotes a community or

charitable purpose".

9. Returns to the Authority

In section 47 of the Principal Act, for "12 monthly intervals" substitute "such periods as are prescribed and within the time limits (if any) prescribed".

10. Banking

(1) In section 89(1) of the Principal Act, after

paragraph (a) insert—

"(ab) administers a pooling scheme as a scheme

administrator; or".

(2) In section 89(1) of the Principal Act—

(a)	after "such a permit" insert ", administered a pooling scheme";
(b)	in paragraph (c), after "that person" insert "or any pooling scheme administered by that person as a scheme administrator".

11.  Lucky envelopes

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000

In section 105(1) of the Principal Act, after
paragraph (e) insert—

"(ea) prescribing the amount to be paid for

expenses in relation to the sale of lucky
envelopes, including but not limited to site

fees or maximum amounts;".

12. Expenses of bingo

(1) In section 105(1) of the Principal Act, for

paragraph (g) substitute—

"(g) prescribing the amount a holder of a minor

gaming permit may incur as expenses of
bingo, whether prescribed by all or any of

the following—

(i) a percentage of gross receipts;
(ii) a percentage of gross proceeds;

(iii)  a fixed amount per session of bingo games;

(iv) a fixed amount per week;

(ga) prohibiting or regulating the holder of a

minor gaming permit from incurring
specified types of expenses in specified

circumstances;".

(2) In section 105(1) of the Principal Act, before

paragraph (h) insert—

"(gb) requiring periodic returns to be made to the

Director by the holder of a minor gaming permit or a person who was the holder of such a permit at any time in the preceding 12 months, in the form approved by the
Director, including—

(i)  prescribing the information, manner, frequency, return dates and length of

Gaming No. 2 (Community Benefit) Act 2000

s. 12	Act No. 90/2000
period to which the return relates to be included in those returns;

(ii)  requiring the verification of information in the returns by specified persons by means of signed certificate or other authentication;".

(3) After section 105(2)(b) of the Principal Act

insert—

"(ba) may fix amounts by reference to minimum or

maximum amounts; and".

_______________
Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 13

PART 3—FUNCTIONS OF DIRECTOR AND APPEALS

PROVISIONS

13. Declaration of community or charitable organisation

(1) In section 3 of the Principal Act—

(a)	in the definition of "community or charitable organisation" for "section 4" substitute "Division 1 of Part 3";
(b)

for the definition of "political party" ' "political party" means a political party

registered under—

(a)	The Constitution Act Amendment Act 1958; or
(b)	the Commonwealth Electoral Act 1918 of the Commonwealth; or
(c)	of the Commonwealth

a law of another State or Territory in paragraphs (a) and (b);'.

(2) Section 4 of the Principal Act is repealed.

14. Amendments to Part 3

(1) In the heading to Part 3 of the Principal Act, omit

"PERMIT".

(2) Before section 18 of the Principal Act insert—

"Division 3—General".

Gaming No. 2 (Community Benefit) Act 2000

s. 15 Act No. 90/2000

15. New Division 1 and Division 2 heading inserted

Before section 13 of the Principal Act insert—

'Division 1—Community or Charitable

Organisations

12A. Application to be declared as a community or charitable organisation

(1) A person or club may apply to the Director

to be declared a community or charitable
organisation.

(2) An application under sub-section (1) must—

(a)	be in or to the like effect of the form approved by the Director; and
(b)	be accompanied by the prescribed fee (if any).

12B. Director may make declaration

(1) For the purposes of this Act, the Director, by

instrument, may declare an organisation to
be a community or charitable organisation if
the Director is satisfied that the organisation
is conducted in good faith for—

(a)	a purpose referred to in paragraph (a) of the definition of "community purpose"; or
(b)	the purposes of any sporting or recreational club or association of a prescribed kind; or

(c) the purposes of a political party.

(2) In determining whether to make a

declaration under sub-section (1), the which he or she considers relevant, including but not limited to—

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 15

(a)	the conduct of fundraising or minor gaming activities by the applicant;
(b)	the conduct of any person directly or indirectly associated with the applicant.

(3) The Director—

(a) must either—

(i) community or charitable

declare the applicant to be a this Act; or

(ii) refuse the application; and

(b) must notify the applicant in writing accordingly.

(4) If the Director refuses an application, the

Director may include reasons for that refusal in the written notification under sub-section (3).

12C. Provision of further information

(1) If the Director so requests in writing, an

applicant must provide to the Director any information or documents specified by the Director, including written authority to a
financial institution, to enable the Director to
determine whether to make a declaration
under this Division.

(2) The Director may refuse to decide an application for a declaration until the information required under sub-section (1)

has been provided.

12D. Can the applicant appeal?

(1) If the Director refuses an application for a

declaration under this Division, the applicant
may appeal against the decision to the

Gaming No. 2 (Community Benefit) Act 2000

s. 15 Act No. 90/2000

Authority within 28 days of notification of the refusal under section 12B.

(2) An appeal must—

(a) be in writing; and

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

12E. Authority to determine appeal

(1) After consideration of an appeal made under section 12D, the Authority may—

(a) confirm the Director's decision; or

(b) order the Director to make a declaration under this Division.

(2) The decision of the Authority under this

section—

(a)	must be notified in writing to the Director and the applicant; and
(b)	may include the reasons for its decision.

12F. Can a declaration be revoked?

A declaration under this Division—

(a)	may only be revoked in accordance with this Division; and
(b)	may be renounced by the community or charitable organisation to which it applies by notice in writing given to the Director.

12G. Authority may decide to revoke declaration

(1) If the Authority considers that there is a

ground for revoking the declaration made
under this Division in respect of a
community or charitable organisation, the
Authority may give that organisation written

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 15

notice offering the organisation an
opportunity to show cause, within a specified
period, being not less than 28 days, as to
why the declaration should not be revoked
on the ground specified in the notice.

(2) The Authority may give notice to revoke a

declaration under this Division on any of the
following grounds—

(a)	that it is not in the public interest for that organisation to continue to be declared for the purposes of the Act;
(b)	if the organisation is an unincorporated club, that the club is substantially and materially different from the club in respect of which the declaration was made;
(c)	any other ground which the Authority thinks fit.

(3) The Authority may give notice under sub-

section (1) of its own motion or on the
recommendation of the Director.

12H. Organisation may make submissions

A community or charitable organisation which receives a notice under section 12G may arrange with the Authority for the making of submissions to the Authority as to why the declaration made under this Division in respect of that organisation should not be revoked and the Authority must consider any submission so made.

12I. Revocation of declaration

(1) The Authority may revoke a declaration made under this Division in respect of a community or charitable organisation if—

Gaming No. 2 (Community Benefit) Act 2000

s. 15 Act No. 90/2000

(a) by the organisation, the Authority

after considering any submission made revocation still exist; or

(b) the organisation does not respond to the notice given under section 12G within the time specified in the notice.

(2) The Authority must—

(a) give written notice to the organisation that the declaration under this Division in respect of that organisation is

revoked; and

(b) specify in the notice that the revocation takes effect from the date of the notice or on a later date specified in that

notice.

12J. Appeal to Supreme Court

(1) A person or organisation which receives—

(a)	written notice of the decision of the Authority under section 12E; or
(b)	written notice under section 12I of the revocation of a declaration under this Division—

may appeal to the Supreme Court against
that decision or revocation.

(2) An appeal under this section must be made

within 21 days after receipt of the
notification of the decision or revocation by
the appellant.

(3) The Supreme Court, on an appeal under this

section, if satisfied that proper grounds for making the decision or revocation did not exist—

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 16

(a)	may quash or vary the decision or revocation, either conditionally or unconditionally and with effect from
the date of the decision or revocation or some other date; and
(b)	may make any other order, including consequential or ancillary orders.

(4) Except as provided in this section, a decision

of the Authority under this Division or a
revocation of a declaration by the Authority
under this Division may not be challenged or
called into question.

Division 2—Permits'.

16.  Amendments consequential on new Division 1 of Part 3

(1) In section 14(1)(b) of the Principal Act, for

"section 4" substitute "Division 1 of this Part".

(2) In section 103(1A) of the Principal Act, omit "4,".

17.  Section 87 (review by VCAT): amendment consequential on new Division 1 of Part 3

In section 87 of the Principal Act, after sub-
section (2) insert—

"(3) This section does not apply to—

(a)	a decision of the Authority under Division 1 of Part 3; or
(b)	the revocation of a declaration under Division 1 of Part 3.".

Gaming No. 2 (Community Benefit) Act 2000

s. 18 Act No. 90/2000

18. Deeming of previous declarations

In section 122 of the Principal Act, after sub- section (1) insert—

"(1A) A declaration made by the Authority under

section 4 and in force immediately before the
repeal of that section by the Gaming No. 2
(Community Benefit) Act 2000 is deemed
to be a declaration made by the Director
under Division 1 of Part 3.".

19. Extension of certain appeal periods

In the Principal Act—

(a)	in section 34(5), for "14 days" (where secondly occurring) substitute "28 days";
(b)	in section 57(6), for "14 days" substitute "28 days";
(c)	in section 86(1), for "14 days" substitute "28 days".

20. Transitional provisions—appeal periods

After section 123 of the Principal Act insert—
"124. Transitional provisions—appeal periods

(1) If, immediately before the amendment of

section 34 by the Gaming No. 2
(Community Benefit) Act 2000, any person
was entitled to object to an application under
section 34, that person may object to an
application under section 34 in accordance
with that section as amended by that Act.

(2) If, immediately before the amendment of

section 57 or 86 by the Gaming No. 2
(Community Benefit) Act 2000, any person
was entitled to appeal against a decision of
the Director under section 57 or 86, that
person may appeal against that decision

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 20

under section 57 or 86 (as appropriate) in
accordance with the relevant section as

amended by that Act.".

_______________
Gaming No. 2 (Community Benefit) Act 2000

s. 21 Act No. 90/2000

PART 4—RESPONSIBLE GAMBLING

21. Use of certain amusement machines prohibited

(1) In section 3 of the Principal Act, insert the

following definition—

' "amusement machine" means—

(a) electronic apparatus operated for
pecuniary consideration for the purpose
of playing games which involve the
activation or manipulation of the
machine, device, contrivance or
electronic apparatus to achieve a pre-
set, programmed, designated or

any machine, device, contrivance or result; and

(b) any machine, device, contrivance or electronic apparatus prescribed as an amusement machine;'.

(2) In section 7(2) of the Principal Act, after

paragraph (b) insert—
"(ba) allot any prize of money or any prize of

which money forms a part or which is redeemable for money by means of an amusement machine in an amusement centre,

tourist centre or recreational centre; or".

22.  Amendment of delegation powers and secrecy provisions

(1) In section 103(1A) of the Principal Act, for "or

67" substitute ", 67 or 104A".

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 23

(2) In section 104 of the Principal Act—

(a) performance of those duties or exercise of

in sub-section (1) for "person in the "person—

(a)	in the performance of those duties or exercise of those powers; or
(b)

from an enforcement agency in understanding under section 104A.";

(b) after sub-section (3)(b) insert— "(ba) divulge information to an enforcement

agency in accordance with a
memorandum of understanding under

section 104A; or".

23. Power to enter memorandum of understanding

After section 104 of the Principal Act insert—

'104A. Memorandum of understanding

(1) The Authority and an enforcement agency

may enter a memorandum of understanding
that provides for—

(a)	the divulgence to the enforcement agency of information with respect to the affairs of a person acquired by the Authority in the performance of duties or the exercise of powers under this Act; and
(b)	the divulgence to the Authority of information with respect to the affairs of a person acquired by the enforcement agency.

Gaming No. 2 (Community Benefit) Act 2000

s. 23 Act No. 90/2000

(2) A memorandum of understanding must—

(a)	specify the kind of information to be divulged and the purposes for which it may be used; and
(b)	contain an undertaking that each party to the memorandum—

(i)  will use information divulged to it only for the purposes specified in the memorandum; and

(ii) injunctive action to restrain the

consents to the taking of information; and

(c) of Victoria to the divulgence of
information to the enforcement agency
under the memorandum and an
acknowledgment that the parties submit

contain a provision that applies the law courts of Victoria.

(3) The Authority may enter a memorandum of understanding with an enforcement agency only if the Authority is satisfied that the

enforcement agency is capable of entering, and is authorised to enter, the memorandum of understanding as a legally binding

agreement.

(4) In this section and section 104—

"enforcement agency" means a person or

body in Victoria or another jurisdiction
(whether in or outside Australia)—

(a) that is responsible for or engages in—

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 23

that is approved by the Minister under sub-section (5).	the administration of a law gambling; or
(ii)	law enforcement generally; or

(i)

(b)

(5) For the purposes of sub-section (4), the

Minister may, by written notice given to the Authority, approve a person or body that is responsible for or engages in the
administration of a licensing or other
regulatory scheme that requires licensees or
other persons regulated to be suitable or fit

and proper persons.'.

_______________
Gaming No. 2 (Community Benefit) Act 2000

s. 24 Act No. 90/2000

PART 5—LICENSED PERSONS

24. New offence for trade promotion lotteries

(1) In section 31 of the Principal Act, at the end of

that section insert—

"(2) A person who is the employer of a person

who, in the course of his or her employment,
is the holder of permit under this Part must

ensure that the lottery for the promotion of a trade or business to which that permit relates is conducted in accordance with this Act, the regulations and the conditions (if any) of that permit.

Penalty:  50 penalty units for a first offence.
100 penalty units for a second or
subsequent offence.".

(2) In section 122 of the Principal Act, after sub- section (5) insert—

"(5A) Section 31(2) applies only in respect of a permit issued under Part 4 on or after the commencement of section 24 of the Gaming

No. 2 (Community Benefit) Act 2000.".

25. Operator may carry out certain employee duties

After section 52 of the Principal Act insert—

"52A. Operator may carry out certain employee

duties

Despite section 52, a person who—

(a) is the holder of an operator's licence and is a natural person; or

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 26

(b) is the nominee of the holder of an operator's licence—

may carry out the prescribed duties in a such a manner as to be visible to other persons.".

bingo centre of the holder of an employee's
licence if the person referred to in paragraph
(a) or (b) at all times while on duty wears
identification of a kind approved by the

26. Employee's licence period extended

(1) In section 62 of the Principal Act, for "3 years"

substitute "10 years".

(2) At the end of section 123 of the Principal Act

insert—
"(2) An employee's licence in force immediately

before the amendment of section 62 by the Gaming No. 2 (Community Benefit) Act 2000, continues for a period of 3 years after

the end of the month in which it was issued,
unless sooner cancelled or suspended, as if
section 62 had not been so amended.".

27.  Increase in penalty and extension of offence to associates

(1) In section 91 of the Principal Act, for "20 penalty units" substitute "50 penalty units".

(2) In section 91 of the Principal Act, after "permit

under this Act" insert "or the associate of any
holder of an operator's licence".

Gaming No. 2 (Community Benefit) Act 2000

s. 28 Act No. 90/2000

28. Cancellation of licences

(1) In section 92 of the Principal Act, after sub-

section (5) insert—

"(5A) If the Authority decides to cancel a bingo

disqualify the person whose licence is
cancelled from obtaining a licence or permit
under this Act, the Gaming Machine

employee's licence, the Authority may also Act 1994 or the Casino Control Act 1991 for a period specified by the Authority in the notice given under sub-section (5) not exceeding 4 years.".

(2) In section 122 of the Principal Act, after sub- section (12) insert—

"(13) The Authority may exercise the powers in

section 92(5A) in the course of considering a decision to take action had not been made before the commencement of section 28.".
decision to take action under section 92
against a person who is the holder of a bingo
employee's licence even though the
consideration had begun before the

commencement of section 28 of the Gaming

29. Suspension of licences

(1) In section 92(9) of the Principal Act—

(a) for "Part 4," substitute "Part 4 and";

(b) omit "and the Director may suspend a bingo employee's licence".

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 29

(2) In section 92 of the Principal Act, after sub-

section (9) insert—

"(10) The Director may suspend a bingo

employee's licence by notice in writing given
to the holder of the licence if the Director is
satisfied that the holder has been charged

with, convicted or found guilty of—

(a) regulations, the Casino Control Act
1991, the Gaming Machine Control
Act 1991, the Club Keno Act 1993,

an offence against this Act or the the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or

(b) an offence arising out of or in connection with the employment of the holder under any of those Acts.

(11) The Authority, at any time, may terminate or

reduce a period of suspension of a bingo
employee's licence imposed by the Director
under sub-section (10).".

_______________
Gaming No. 2 (Community Benefit) Act 2000

s. 30

s. 31 Act No. 90/2000

PART 6—ASSOCIATES

30. Definitions of "associate" and "nominee"

In section 3 of the Principal Act insert the
following definitions—

' "associate", in relation to an operator, means—

(a)

any person, body or association having operator; or

(b)	any director, partner, trustee, executive officer, secretary or any other officer or person determined by the Authority to
be associated or connected with the ownership, administration or management of the operations or business of the operator under this Act or the Gaming Machine Control Act 1991;

"nominee" means—

(a) the natural person nominated by a
community or charitable organisation

in relation to a minor gaming permit, accordance with section 16;

(b)	in relation to a permit under Part 4, the natural person nominated by a body corporate and approved by the Director in accordance with section 28A;
(c)	natural person nominated by a body corporate and approved by the

in relation to an operator's licence, the 39A; '.

31.  Updating of information

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000

(1) In section 39 of the Principal Act, after sub-

section (1) insert—

"(1A) If—

(a)

the Authority requires information from a person referred to in section 38(1) whose association with the applicant for an operator's licence is, in the opinion of the Authority, relevant to the application; and

(b) a change occurs in that information before the application is granted or refused—

that person must without delay give the
Authority written particulars of the change.

Penalty: 50 penalty units.".

(2) In section 39(2) of the Principal Act, after "sub-

section (1)" insert "or sub-section (1A)".

32. Monitoring of associates

(1) In section 48 of the Principal Act, sub-section (1)

is repealed.

(2) In section 48 of the Principal Act, for sub-section

(2) substitute—
"(2) The Authority may from time to time

investigate an associate of an operator or a person likely to become an associate of an operator.".

(3) In section 48 of the Principal Act, for sub-section (4) substitute—

Gaming No. 2 (Community Benefit) Act 2000

s. 32 Act No. 90/2000

"(4) If the Authority determines that an associate of an operator has engaged or is engaging in conduct that, in the Authority's opinion, is

unacceptable for a person who is concerned following—

in or associated with the ownership,
administration or management of the
operations or business of the operator, the

(a)	issue a written warning to the associate that the conduct is unacceptable and require the associate to cease that conduct;
(b)	give written notice to the associate requiring the associate to give a written undertaking to the Authority, within the period specified in the notice, regarding the future conduct of the associate.

(4A) If the associate fails to give an undertaking

required under sub-section (4)(b) or breaches
an undertaking given under sub-section
(4)(b), the Authority may give the associate
written notice requiring the associate to
terminate, within 14 days or a longer period
agreed with the Authority, the association
with the operator.

(4B) If, after considering the matters referred to in

sub-section (5), the Authority determines
that an associate of an operator is unsuitable
to be concerned in or associated with the
ownership, administration or management of
the operations or business of the operator,
the Authority may give the associate written
notice requiring the associate to terminate,
within 14 days or a longer period agreed
with the Authority, the association with the
operator.".

Gaming No. 2 (Community Benefit) Act 2000

Act No. 90/2000 s. 33

(4) In section 48(6) of the Principal Act, for "sub-

section (4)" substitute "sub-section (4B)".

33. Offence to give false or misleading information

In section 93(1) of the Principal Act, after
paragraph (a) insert—

"(aa) if that person is an associate or a nominee—

(i)

in the course of the Authority's to be an associate or nominee; or

(ii)

during the period of that associate's nomination; or".

═══════════════
Gaming No. 2 (Community Benefit) Act 2000

Endnotes Act No. 90/2000

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 26 October 2000

Legislative Council: 21 November 2000

The long title for the Bill for this Act was "to amend the Gaming No. 2
Act 1997 to make further provision for activities regulated by the Act and
the administration of the Act and for other purposes."