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Gambling Legislation (Miscellaneous Amendments)

Act 2000

Act No. 88/2000

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 2

PART 2—GAMING MACHINE CONTROL ACT 1991 3

3. Nominee 3
4. Approval of premises 3
5. New sections 28A and 28B inserted 4

28A. Notification of certain changes 4
28B. Endorsement of licence and Register 5

6. Cancellation and disqualification 8
7. Duration of licence 9
8. Suspension of licence 9
9. New section 142 substituted 9

142. Change in situation of licensees, associates etc. 9

10. On-going monitoring of associates 10
11. Associates to update information 11
12. False or misleading information 12
13. Time periods 12
14. Menzies at Rialto 12
15. Testers may be listed on the Roll 13
16. Approval of variation of gaming machine types and games 14
17. Approval of electronic monitoring systems 14
18. Licensed technicians 15
19. Authority conferred by a technician's licence 15
20. Roll of Suppliers 15
21. New sections 113, 114 and 115 inserted 17

113. Public hearings 17
114. Authority to give written statement after public hearing
or on request 18
115. Request for statement of reasons for decision 19

22. Consequential amendments 19
23. Secrecy 20

Section Page

24. New section 140 inserted 22

140. Memorandum of understanding 23

25. Audit 24
26. New section 169 inserted 25

169. Transitional provisions—appeal etc. periods 25

27. New section 170 inserted 26

170. Savings for Roll under section 62 26

PART 3—GAMING AND BETTING ACT 1994 28

28. Menzies at Rialto 28
29. Reasons for decisions 28
30. Increase in commissions and taxes 28
31. Secrecy 28
32. New section 127A inserted 30
127A. Memorandum of understanding 30
33. Public meetings 32
34. Delegation to Director 32
35. New sections 93A and 93B inserted 32

93A. Authority to give written statement after public meeting

or on request 32
93B.

Request for statement of reasons for decision 34

PART 4—CASINO CONTROL ACT 1991 35

36. Meaning of public interest 35
37. Updating of information from associates 35
38. Reasons for decision 36
39. Requirement for information 36
40. Controlled contracts 36
41. New section 28AA inserted 36
28AA. Change in situation of associate 37
42. On-going monitoring of associates 37
43. Time limit for appeal 38
44. Duration of licence 38
45. Cancellation, disqualification and suspension 38
46. Increased penalty 39
47. Powers of removal 39
48. System of controls and procedures 39
49. Public hearings 39
50. New sections 145 and 146 inserted 40
145. Authority to give written statement after public hearing

or on request 40
146.

Request for statement of reasons for decision 41

51. Secrecy 42
52. New section 151A inserted 44

Section Page

151A. Memorandum of understanding 44

53. False or misleading information 46
54. Transitionals 46

168. Transitionals 46

PART 5—INTERACTIVE GAMING (PLAYER PROTECTION)

ACT 1999 48

55. Reasons for decision 48
56. Carry forward tax loss 48
57. Directions about responsible gambling 49
58. Public hearings 49
59. New sections 67A and 67B inserted 50

67A. Authority to give written statement about certain

decisions or on request 50
67B.

Request for statement of reasons for decision 51

60. VCAT 51
61. Secrecy 52
62. New section 69A inserted 53

69A. Memorandum of understanding 54

PART 6—GAMING NO. 2 ACT 1997 56

63. Secrecy 56
64. Public hearings 57

═══════════════

ENDNOTES 59

iii

Victoria

No. 88 of 2000

Gambling Legislation (Miscellaneous

Amendments) 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 make
amendments to the Gaming Machine Control
Act 1991, the Gaming and Betting Act 1994, the
Casino Control Act 1991, the Gaming No. 2 Act
1997, and the Interactive Gaming (Player
Protection) Act 1999 to—

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 2	Act No. 88/2000

(a) require the Victorian Casino and Gaming Authority to—
(i) hold public hearings on certain matters;
(ii) give reasons for certain decisions;
(b) allow the Victorian Casino and Gaming Authority to—
(i) divulge certain information;

(ii) exchange certain information with other enforcement and regulatory agencies;
(c) allow for an approval of premises under the Gaming Machine Control Act 1991 to be granted before the applicant has obtained any
liquor approvals or other requirements of the
Authority.

2. Commencement
(1) Section 1 and this section come into operation on

the day after the day on which this Act receives
the Royal Assent.

(2) The remaining provisions of this Act, except

sections 25 and 56, come into operation on a day
or days to be proclaimed.

(3) Section 25 is deemed to have come into operation on 31 August 1998.
(4) Section 56 is deemed to have come into operation on 8 June 1999.
(5) If a provision referred to in sub-section (2) has not

come into operation before 1 December 2001, it
comes into operation on that day.

_______________
Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 3

PART 2—GAMING MACHINE CONTROL ACT 1991
3. Nominee

See:

In section 3(1) of the Gaming Machine Control Act No.
Act 1991 insert the following definition— 53/1991
Reprint No. 7

' "nominee" means a natural person approved by the Authority under section 25A;'.

as at
1 July 2000.

LawToday:

dpc.vic. gov.au

4. Approval of premises
(1) In section 12A of the Gaming Machine Control

Act 1991 for sub-section (1) substitute—
"(1) An approval of premises under this Part does

not come into force unless and until there is in force in respect of the premises one of the following licences under the Liquor
Control Reform Act 1998—

(a) a general licence under section 8 of the Liquor Control Reform Act 1998;
(b) a club licence (whether full or restricted) under section 10 of the Liquor Control Reform Act 1998;
(c) a licence under Part 1 of the Racing Act 1958.".
(2) In section 12H of the Gaming Machine Control

Act 1991, for sub-section (2) substitute—
"(2) An approval must specify—

(a)

the number of gaming machines permitted; and

(b)

the gaming machine areas approved for the premises.

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s. 5	Act No. 88/2000

(2A) An approval may be granted subject to—

(a) a condition that the approval does not take effect until the Authority has notified the applicant in writing that the premises have been inspected for the purposes of section 12D(1)(b) and the Authority is satisfied that the premises are suitable for the management and operation of gaming machines; and
(b) any other conditions that the Authority thinks fit.
(2B) The holder of an approval of premises must give the Authority written particulars of any change in the size or layout of the premises, without delay after that change occurs.
(2C) If the Authority is satisfied that the change in

the size or layout of the premises will not
result in the number of gaming machines for
the premises being increased, the Authority
may, on the application of the holder of the
approval, vary the approval to incorporate
those changes.".

5. New sections 28A and 28B inserted
After section 28 of the Gaming Machine Control
Act 1991 insert—

"28A. Notification of certain changes

(1) A venue operator must give notice in writing

to the Authority if any of the following
occurs—

(a) in the case of a venue operator that is an incorporated association—
(i) the passing of a special resolution by the incorporated association to

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Act No. 88/2000 s. 5
amalgamate with another incorporated association;
(ii) the passing of a special resolution by an incorporated association to convert itself into a company
under the Corporations Law;

(b) in the case of a venue operator that is an unincorporated body, the passing of a resolution by the body to authorise the body to become a body corporate;
(c)
more clubs applying for an
amalgamated club licence under section
if the venue operator is one of 2 or Act 1998, the making of that application.

(2) A person who has made an application under
section 80 or 90 of the Liquor Control Reform Act 1998 in respect of licensed premises that are an approved venue must
notify the Authority of the application. (3) The holder of a provisional operator's licence
under section 31, as in force immediately Authority of the expiry of that provisional licence at least 45 days before the provisional licence is due to expire.
before the commencement of section 5 of the
Gambling Legislation (Miscellaneous
28B. Endorsement of licence and Register
(1) The Authority may endorse a venue
operator's licence to do one or both of the
following—

(a)

to amend the name and address of the venue operator;

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 5	Act No. 88/2000

(b)

to include premises as an approved venue.
(2) The Authority may endorse a venue
operator's licence with the change of the
name of the venue operator to the name of
any of the persons referred to in sub-section
(3)(a) or a person nominated by a person
referred to in sub-section (3)(a).
(3) The Authority must not endorse a licence under this section unless the Authority is satisfied that—

(a)

the endorsement is made at the request of, or with the approval of, one of the following—
(i) the licensee;

(ii)
a natural person or a managing behalf of an unincorporated body;

(iii) the legal personal representative
of the licensee;
(iv) if the licensee has become a represented person under the Guardianship and

Administration Act 1986, the
guardian or administrator
appointed in respect of the
licensee;
(v)
assignee of a licensee who
the official receiver, trustee or administration;

(vi)
a person who is administering a administered body corporate

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 5
within the meaning of the
Corporations Law;

(vii)
will be endorsed on the licence
under Part 4 or Part 6 of the
Liquor Control Reform Act
1998 in respect of licensed
a person whose name has been or venue in a licence under this Act;

(viii)
formed on the amalgamation of
one or more incorporated
an incorporated association licensee; and

(b) any person who, as a result of the endorsement, will be or become an associate of the person endorsed on the licence is at the time of endorsement approved by the Authority as an associate under this Act or the Casino Control Act 1991, the Gaming and Betting Act 1994, the Gaming No. 2 Act 1997 or the Interactive Gaming (Player Protection) Act 1999;
(c) having regard to the purpose of this Act, the endorsement of the licence would not be contrary to the public interest;
(d)
for continuity of the licence in
circumstances other than where the
the endorsement is necessary to provide time.

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s. 6	Act No. 88/2000

(4) An endorsement of a licence takes effect on
and from—

(a)

the date of the decision of the Authority to endorse the licence; or

(b) any later date—
(i) that is specified by the Authority; or

(ii)
conditions specified by the
Authority as a pre-requisite to the
that is the date when all of the been satisfied.

(5) A person who is endorsed as the venue
operator under this section is to be taken to be the venue operator on and from the date the endorsement takes effect.
(6) If a licence is endorsed to include premises

as an approved venue the licence is to be
taken to include those premises as an
approved venue on and from the date the
endorsement takes effect.

(7) The Authority may endorse a licence subject
to any conditions imposed by the Authority.
(8) If the Authority endorses a licence under this
section, it must make a corresponding
endorsement in any relevant entry in the
Register.".

6. Cancellation and disqualification
In section 51(1) of the Gaming Machine Control Act 1991 in the definition of "disciplinary action" for paragraph (d) substitute—
"(d) cancellation of the licence;

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Act No. 88/2000 s. 7

(e)

cancellation of the licence and disqualification from obtaining or applying for a licence or permit under this Act, the Casino Control Act 1991, the Gaming and Betting Act 1994 or the Gaming No. 2 Act 1997 for a specified period not exceeding 4 years;".

7. Duration of licence
In section 49(c) of the Gaming Machine Control
Act 1991 for "3" substitute "10".

8. Suspension of licence
(1) In section 52 of the Gaming Machine Control
Act 1991, after "charged with" insert ", found guilty of or convicted of".

(2) In section 53(2) of the Gaming Machine Control
Act 1991, after "a licence" insert "whether the licence was suspended by the Authority or the Director".

9. New section 142 substituted
For section 142 of the Gaming Machine Control
Act 1991 substitute—

"142. Change in situation of licensees, associates
etc.
Whenever a change of a kind specified by
the Director in writing given to a person who
is—
(a) the holder of a licence under this Act;

(b)

an associate or nominee of a licence holder under this Act;

(c)

a company declared under section 3A to be an operator in relation to a gaming operator's licence under Part 3;
(d) a person listed on the Roll;

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Act No. 88/2000

(e)

an associate of a person listed on the Roll—
takes place in the situation existing in
relation to that person, the person must
notify the Director in writing of the change
within 14 days after it takes place.
Penalty: 50 penalty units.".

10. On-going monitoring of associates
(1) In section 142A(1), (2) and (3) of the Gaming
Machine Control Act 1991 for "manufacturer or supplier listed on the Roll" substitute "person listed on the Roll".

(2) In section 142A(2)(a) of the Gaming Machine
Control Act 1991 for "manufacturer or supplier " substitute "person listed on the Roll".

(3) For section 142A(5) of the Gaming Machine Control Act 1991 substitute—
"(4A) If the Authority determines that an associate of a venue operator, a gaming operator or a person listed on the Roll has engaged or is engaging in conduct that, in the Authority's opinion, is unacceptable for a person who is concerned in or associated with the
ownership, management or operation of the
business of the venue operator, gaming
operator or person listed on the Roll, the
Authority 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 Authority, within the period specified in the notice, regarding the future conduct of the associate.

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Act No. 88/2000 s. 11
(4B) If the associate fails to give an undertaking

required under sub-section (4A)(b) or
breaches an undertaking given under that
provision, 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 venue operator, gaming
operator or person listed on the Roll.

(5) If the association is not terminated within
to in sub-section (3) or (4B) or any longer
period agreed with the Authority, the

14 days from the date of the notice referred the venue operator, gaming operator or person listed on the Roll to take all reasonable steps to terminate the association and the venue operator, gaming operator or person listed on the Roll must comply with the direction within 14 days or any longer period agreed with the Authority.".

11. Associates to update information
(1) After section 24(1) of the Gaming Machine Control Act 1991 insert—
"(1A) If—

(a)

the Authority requires information (including information in any records) from a person referred to in section 23 whose association with the applicant is in the opinion of the Authority relevant to the application; and

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s. 12

Act No. 88/2000

(b)

a change occurs in that information before the application is granted or refused—
that person must forthwith give the Authority
written particulars of the change.
Penalty: 50 penalty units.".
(2) In section 24(2) of the Gaming Machine Control
Act 1991 after "sub-section (1)" insert "or (1A)".

12. False or misleading information
In section 145(1) of the Gaming Machine
Control Act 1991 after paragraph (d) insert—
"; or
(e) if the person is an associate or a nominee—

(i)
in the course of the Authority's to be an associate or a nominee; or

(ii)
during the period of that associate's nomination".

13. Time periods
In the Gaming Machine Control Act 1991—

(a) in sections 45(6), 51(3) and 64(1) for "14 days" substitute "28 days";
(b)
in sections 19(5) and 63(7) for "14 days" "28 days".

14. Menzies at Rialto
In the Gaming Machine Control Act 1991—

(a)

in section 3(1) in the definition of "tabaret premises", paragraph (a) is repealed;

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 15

(b)

in section 19A omit "Except as expressly provided by this Act in relation to tabaret premises at Menzies at Rialto,".

15. Testers may be listed on the Roll
(1) The Gaming Machine Control Act 1991 is amended as follows—

(a) established under section 62;';
in section 3(1) for the definition of "Roll" ' "Roll" means the Roll of Suppliers
(b) in section 17 after paragraph (c) insert—
"; and

(d)

to enter into arrangements with manufacturers or suppliers of gaming equipment or games or gaming operators to test gaming equipment or games for the purposes of the issue of certificates referred to in section 69 or 75B.";

(c)

in section 66(1) after paragraph (c) insert— "(ca) that the person listed on the Roll has
breached a condition to which that
person's listing is subject;";

(d)

in section 66(1) after paragraph (e) insert— "(ea) that any testing of gaming equipment or
games by the person listed on the Roll
is unsatisfactory;".

(2) After section 63(1) of the Gaming Machine Control Act 1991 insert—

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 16

Act No. 88/2000

"(1A) A person who supplies or intends to supply

testing services to gaming operators or
manufacturers or suppliers may apply to the
Authority to be listed on the Roll.".

16. Approval of variation of gaming machine types and games
(1) After section 69(5) of the Gaming Machine Control Act 1991 insert—
"(5AA) The Authority, in approving a gaming

machine type or a game, or in approving a
variation to a gaming machine type or a
game, may take into account the certificate
of a person listed on the Roll who is
accredited by the Authority to test gaming
equipment or games.".

(2) After section 69(3) of the Gaming Machine Control Act 1991 insert—
"(3A) The Authority may approve a machine type or game or a variation of a machine type or game subject to any conditions that it thinks fit.".

17. Approval of electronic monitoring systems
In section 75B of the Gaming Machine Control
Act 1991 after sub-section (4) insert—
"(5) The Authority, in approving an electronic
monitoring system or in approving a
variation to an electronic monitoring system,
may take into account the certificate of a
person listed on the Roll who is accredited
by the Authority to test gaming equipment or
games.
(6) The Authority may make an approval to use,

or a variation of an approval to use, an
electronic monitoring system subject to any
conditions that it thinks fit.".

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 18
s. 20

Act No. 88/2000

18. Licensed technicians
The Gaming Machine Control Act 1991 is amended as follows—

(a) in section 57 for the definition of "technician" substitute—
' "technician" means a person who—

(a) services, maintains or repairs
gaming equipment; or
(b)
tests gaming equipment or games certificates referred to in section 69 or 75B; or

(c) performs other prescribed
duties;";

(b)

in section 60(1) after "equipment" insert "or test gaming equipment or games for the purposes of the issue of certificates referred to in section 69 or 75B";

(c)

in section 60(2) after "equipment" insert "or to test gaming equipment or games for the purposes of the issue of certificates referred to in section 69 or 75B".

19. Authority conferred by a technician's licence
In section 16 of the Gaming Machine Control gaming equipment or games for the purposes of the issue of certificates referred to in section 69 or 75B".

20. Roll of Suppliers
The Gaming Machine Control Act 1991 is amended as follows—

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000

(a) in section 14(1)(a) for "manufacturers and suppliers listed on the Roll" substitute "a person listed on the Roll";
(b) for the heading to Division 6 of Part 3 substitute—
"Division 6—Roll of Suppliers"; substitute "Roll of Suppliers";

(c) in section 62 for "Roll of Recognised
Manufacturers and Suppliers of Gaming
(d) in section 67(1) and (2) for "manufacturer or supplier of gaming equipment" substitute "person listed on the Roll";
(e) in section 67(1) and (2) for "of such a manufacturer or supplier" substitute "of such a person";
(f) in section 126(1)(d) for "the manufacturer or supplier listed on the Roll" substitute "the person listed on the Roll";
(g) in section 127(1)(b) for ", licensed technician or manufacturer or supplier listed on the Roll" substitute "or person listed on the Roll";
(h) in section 128(2) for "a manufacturer or supplier listed on the Roll" substitute "a person listed on the Roll";
(i) in sections 142A(1), (2) and (3) and 143(2)(c) for "manufacturer or supplier" (wherever occurring) substitute "person";

(j)
Manufacturers and Suppliers of Gaming
in section 156(1)(c) for "Roll of Recognised substitute "Roll of Suppliers";

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Act No. 88/2000 s. 21

(k)
in section 159(1)(b) and (e) for "persons".

21. New sections 113, 114 and 115 inserted
After section 112 of the Gaming Machine
Control Act 1991 insert—

"113. Public hearings
(1) The Authority may hold its meetings and

inquiries for the purposes of this Act in
public or private.

(2) An inquiry or meeting for the purposes of
making a finding or a determination relating to the following matters must be conducted in public unless the Authority determines
that there are special circumstances requiring
that the inquiry or meeting or part of the
inquiry or meeting should be held in
private—

(a) an application for approval of premises for gaming;
(b) an application for a venue operator's licence;
(c) a proposed amendment to a venue operator's licence to—
(i) vary the days or dates on which 24 hour gaming is permitted;
(ii) add a new condition to specify days or dates on which 24 hour gaming is permitted;

(iii)
increase the number of gaming approved venue;

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s. 21

Act No. 88/2000

(d) approval of gaming machine types and games under section 69;
(e)
withdrawal of approval of gaming 70;

(f)

approval to install a linked jackpot arrangement referred to in section 71;

(g) the making of rules under section 78.
(3) The Authority may direct that an inquiry or
meeting or part of an inquiry or meeting be
held in private if it considers—

(a) it necessary to do so to prevent the unreasonable divulgence of information relating to the personal affairs of any person including a deceased person; or
(b) it is otherwise in the interests of justice or the public interest to do so.
114. Authority to give written statement after public hearing or on request
(1) The Authority must give a written statement of its decision and the reasons for a decision made in relation to any matter required by
section 113(2) to held in public within
14 days after the decision.
(2) The Authority must give a written statement

of reasons for a decision to a person who
requested it in accordance with section 115
within 28 days after receiving the request.

(3) A statement under this section must set
out—
(a) the reasons for the decision; and

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s. 21
s. 22

Act No. 88/2000

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(4) A statement need not be given to a person under sub-section (2) if the Authority has already given a written statement containing
the matters referred to in sub-section (3) to
the person (whether as part of the decision or
separately).
(5) A statement of reasons to be given to a

person referred to in sub-section (2) who was
not an applicant or an associate or nominee
of an applicant must not include any
information or matter about a person who
was, or was referred to in an application as,
an associate or nominee except as to the
actual decision.

(6) If a statement of reasons would be false or misleading if it did not include information or matter referred to in sub-section (5), the Authority must inform the person who
requested the statement of that fact and must
not give the statement to the person.
115. Request for statement of reasons for decision
(1) A person whose interests are affected by a decision of the Authority may request the Authority to give the person a written
statement of reasons for the decision.
(2) A request under sub-section (1) must be

made in writing within 28 days after the day
on which the decision was made.".

22. Consequential amendments

Gambling Legislation (Miscellaneous Amendments) Act 2000
Act No. 88/2000

(1) Sections 12H(4), 25(4) and 27(4B) of the Gaming Machine Control Act 1991 are repealed.
(2) After section 107A(2A) of the Gaming Machine Control Act 1991 insert—
"(2B) Despite sub-section (1), the Authority may,

by instrument under its official seal, delegate
to one or more members of the Authority or
the Director any power or function of the
Authority under section 28A or 28B.".

23. Secrecy

(1) In section 139(1) of the Gaming Machine

Control Act 1991 after "those powers" insert "or from an enforcement agency in accordance with a memorandum of understanding under section
140".

(2) In section 139(3) of the Gaming Machine

Control Act 1991 after paragraph (c) insert—
"; or

(d)
divulge information to an enforcement of understanding under section 140; or

(e)
at a meeting or part of a meeting of the
Authority that was held in public or any
information that was considered at an inquiry
divulge any information that was considered was held in public; or
(f) divulge any of the following information—
(i) the name of an applicant for a licence under this Act (except a special employee's licence or a technician's licence), the date of the licence application, the date and result of the

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 23
Authority's determination of the
application;
(ii)  the name of an applicant for listing on the Roll kept under section 62, the date of the application, the date and result of the Authority's determination of the application and any information listed on the Roll;
(iii)  the name of the holder of any licence under this Act and the expiry date of the licence;
(iv)  the name of an associate of the holder of a licence or of a person listed on the Roll;
(v)  particulars of an application by a venue operator to add or change any condition of the venue operator's licence;
(vi)  particulars of disciplinary action taken against a licensee or action taken by the Authority in relation to an associate under section 142A(3), (4A), (4B) or (5);
(vii)  the name of a person who has applied for or otherwise made a written request to the Authority to consider a matter referred to in section 113(2), the date of the application or request, the date the Authority determined the application or request and details of the Authority's determination;

(viii)
details of any matter that is in the a requirement under this Act to record the information on the Register or Roll or to publish the information or because

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s. 23

s. 24	Act No. 88/2000
the matter was considered at a meeting or inquiry or part of a meeting or inquiry of the Authority that was held in public;

(ix)
any other matter that, in the opinion of (A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or

(B) would otherwise be in the public interest to divulge.".

(3) In section 139(4A) of the Gaming Machine
Control Act 1991 after "section" insert "(except sub-section (4B))".

(4) After section 139(4A) of the Gaming Machine Control Act 1991 insert—

"(4B) Despite sub-section (4A), statistical

information about gambling expenditure in
relation to gaming venues must be
aggregated—

(a) to give the total gambling expenditure for all approved venues in a municipal district; and
(b) if a municipal district has less than 3 approved gaming venues, to give the total gambling expenditure for all
approved venues in the municipal district together with an adjoining municipal district or districts so that the

statistical information indicates
gambling expenditure for at least 3
approved venues.".

24. New section 140 inserted

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Act No. 88/2000

After section 139 of the Gaming Machine
Control Act 1991 insert—
'140. 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 functions 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.
(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
contain a provision that applies the law acknowledgment that the parties submit

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 25	Act No. 88/2000
to the non-exclusive jurisdiction of the 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—
"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—

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.'.

25. Audit
In section 134(7) of the Gaming Machine
Control Act 1991 after "such a licence" insert
", or of an operator under the gaming licence".

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 26

26. New section 169 inserted
After section 168 of the Gaming Machine
Control Act 1991 insert—

"169. Transitional provisions—appeal etc.
periods
(1) If, immediately before the amendment of section 19 by the Gambling Legislation (Miscellaneous Amendments) Act 2000, a
person was entitled to object to the grant of a
licence under section 19, that person may
object to the grant of a licence under section
19 in accordance with that section as
amended by that Act.
(2) If, immediately before the amendment of section 45 by the Gambling Legislation (Miscellaneous Amendments) Act 2000, an
applicant was entitled to appeal against a
decision of the Director under section 45, the
applicant may appeal against that decision
under section 45 in accordance with that
section as amended by that Act.
(3) If, immediately before the amendment of section 51 by the Gambling Legislation (Miscellaneous Amendments) Act 2000, a
licensee was entitled to make submissions under section 51, that licensee may make those submissions in accordance with that section as amended by that Act.
(4) If, immediately before the amendment of section 63(7) or 64(1) by the Gambling Legislation (Miscellaneous Amendments)
Act 2000, any person was entitled to object to the grant of an application under section 63 or 64, that person may object to the grant
of such an application in accordance with

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 27

Act No. 88/2000

section 63(7) or 64(1), as the case requires,
as amended by that Act.

(5) The Authority may exercise the powers of
section 51(1)(e) (as amended by section 6 of
the Gambling Legislation (Miscellaneous

cancellation and disqualification under considering a decision to take disciplinary action under section 51 even though the consideration had begun before the commencement of section 6 of the Gambling Legislation (Miscellaneous Amendments) Act 2000 if the decision to take disciplinary action had not been made before the commencement of section 6 of that Act.".

27. New section 170 inserted
After section 169 of the Gaming Machine
Control Act 1991 insert—

"170. Savings for Roll under section 62

Despite the amendments to section 62 of this
Act made by section 15 of the Gambling
Legislation (Miscellaneous Amendments)
Act 2000—

(a)
the date of commencement of
section 15 of the Gambling
Legislation (Miscellaneous
a person who was, immediately before Roll under section 62 continues to be listed on that Roll; and

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 27

(b)

the Roll is deemed to be the same Roll except for the change of the name of the Roll after as before the commencement of section 15 of the Gambling Legislation (Miscellaneous Amendments) Act 2000.".

_______________
Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 28

Act No. 88/2000

PART 3—GAMING AND BETTING ACT 1994

28. Menzies at Rialto

See:

Act No.	Sections 11(2)(f), 223 and 225(c) of the Gaming
37/1994	and Betting Act 1994 are repealed.
Reprint No. 2
as at
10 February
2000
and amending Act No. 6/2000 LawToday: dpc.vic. gov.au

29. Reasons for decisions
Sections 19(2) and 42(3) of the Gaming and
Betting Act 1994 are repealed.

30. Increase in commissions and taxes
In sections 44(1), 73(1) and 76 of the Gaming
and Betting Act 1994 for "20%" substitute
"25%".

31. Secrecy
(1) In section 127(1) of the Gaming and Betting Act

1994 after "those powers" insert "or from an
enforcement agency in accordance with a
memorandum of understanding under section
127A".

(2) In section 127(3) of the Gaming and Betting Act 1994 after paragraph (c) insert—
"; or

(d)
divulge information to an enforcement of understanding under section 127A; or

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 31

(e)

divulge any information that was considered at a meeting or part of a meeting of the Authority that was held in public; or
(f) divulge any of the following information—
(i)  the name of an applicant for a licence or approval as an operator in relation to a licence or for a permit under this Act the date of the application, the date and result of the Authority's determination of the application;
(ii)  the name of any licensee or operator or permit holder under this Act and the expiry date of the licence or permit;
(iii)  the name of an associate of the holder of any licensee, operator or permit holder under this Act;
(iv)  particulars of any amendment to the conditions of a licence or permit under this Act;
(v)  particulars of disciplinary action taken against a person under this Act;
(vi)  details of any matter that is in the public domain for any reason including a requirement under this Act to publish the information or because the matter was considered at a meeting or inquiry or part of a meeting or inquiry of the Authority that was held in public;

(vii)
any other matter that, in the opinion of (A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 32

Act No. 88/2000

(B) would otherwise be in the public interest to divulge.".

32. New section 127A inserted
After section 127 of the Gaming and Betting
Act 1994 insert—

'127A. 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 functions 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.

(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

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 32

(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—
"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—

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.'.

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 33

Act No. 88/2000

33. Public meetings
After section 92(5) of the Gaming and Betting
Act 1994 insert—
"(6) A meeting for the purposes of making a
finding or a determination relating to an
application under this Act may be conducted
in public unless the Authority determines
that there are special circumstances requiring
that the meeting or part of the meeting
should be held in private.
(7) The Authority may direct that a meeting or

part of a meeting be held in private if it
considers—

(a)

it necessary to do so to prevent the unreasonable divulgence of information relating to the personal affairs of any person including a deceased person; or

(b)

it is otherwise in the interests of justice or the public interest to do so.".

34. Delegation to Director
At the end of section 92A of the Gaming and
Betting Act 1994 insert—
"(2) The Authority may, by instrument in writing,
delegate to the Director its powers and
functions under section 127A.".

35. New sections 93A and 93B inserted
After section 93 of the Gaming and Betting Act
1994 insert—

"93A. Authority to give written statement after public meeting or on request
(1) The Authority must publish a written statement of its decision and the reasons for

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 35
a decision made in relation to a meeting held
in public within 14 days after the decision.
(2) The Authority must give a written statement

of reasons for a decision to a person who
requested it in accordance with section 93B
within 28 days after receiving the request.

(3) A statement under this section must set
out—
(a) the reasons for the decision; and

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(4) A statement need not be given to a person under sub-section (2) if the Authority has already given a written statement containing
the matters referred to in sub-section (3) to
the person (whether as part of the decision or
separately).
(5) A statement of reasons to be given to a

person referred to in sub-section (2) who was
not an applicant or an associate of an
applicant must not include any information
or matter about a person who was, or was
referred to in an application as, an associate
except as to the actual decision.

(6) If a statement of reasons would be false or misleading if it did not include information or matter referred to in sub-section (5), the Authority must inform the person who
requested the statement of that fact and must
not give the statement to the person.

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 35

Act No. 88/2000

93B. Request for statement of reasons for
decision
(1) A person whose interests are affected by a decision of the Authority may request the Authority to give the person a written
statement of reasons for the decision.
(2) A request under sub-section (1) must be

made in writing within 28 days after the day
on which the decision was made.".

_______________
Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 36

PART 4—CASINO CONTROL ACT 1991

See:

36. Meaning of public interest

Act No. 47/1991

In section 3(1) of the Casino Control Act 1991, Reprint No. 4
in the definition of "public interest" or "interest of as at
1 January
the public", after "interest of the public" insert 2000
"(except in sections 143 and 151)". and
amending

Act Nos 41/1999,
16/2000 and
24/2000.
LawToday:

dpc.vic.
gov.au

37. Updating of information from associates
(1) After section 12(1) of the Casino Control Act 1991 insert—
"(1A) If—

(a)

the Authority requires information (including information in any records) from a person referred to in section 11 whose association with the applicant 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 forthwith give the Authority
written particulars of the change.
Penalty: 50 penalty units.".

(2) In section 12(2) of Casino Control Act 1991 after "sub-section (1)" insert "or (1A)".

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 38

Act No. 88/2000

38. Reasons for decision
Section 13(4) of the Casino Control Act 1991 is repealed.

39. Requirement for information
In section 26(1) of the Casino Control Act
1991—

(a)

after "casino operator" insert "or a person who was a casino operator";

(b)

for "is directly" substitute "is or was directly".

40. Controlled contracts
(1) After section 29(1A) of the Casino Control Act 1991 insert—
"(1B) The Authority may, by notice in writing given to the casino operator, exempt the casino operator from any of the requirements
or provisions of this Division (except section 35) that are specified in the notice in relation to contracts if the Authority is satisfied that
the system of internal controls and
administrative and accounting procedures
approved by the Authority under section 121
in relation to the casino operator adequately
provide for compliance with this Division.
(1C) The notice may specify that it applies to

contracts generally or to the classes of
contracts specified in the notice.".

41. New section 28AA inserted
After section 28 of the Casino Control Act 1991 insert—

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 42

"28AA. Change in situation of associate

Whenever a change of a kind specified by the Director in writing given to an associate of a casino operator takes place in the situation existing in relation to the associate of the casino operator, the associate must notify the Director in writing of the change within 14 days after it takes place.
Penalty: 20 penalty units.".

42. On-going monitoring of associates
For section 28A(5) of Casino Control Act 1991 substitute—

"(4A) If the Authority determines that an associate

of a casino operator has engaged or is
engaging in conduct that, in the Authority's
opinion, is unacceptable for a person who is
concerned in or associated with the
ownership, management or operation of the
business of the casino operator, the
Authority 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 Authority, within the period specified in the notice, regarding the future conduct of the associate.
(4B) If the associate fails to give an undertaking

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 43

Act No. 88/2000

(5) If the association is not terminated within
to in sub-section (3) or (4B) or any longer
period agreed with the Authority, the

14 days from the date of the notice referred the casino operator to take all reasonable steps to terminate the association and the casino operator must comply with the direction within 14 days or any longer period agreed with the Authority.".

43. Time limit for appeal
In section 43(3) of the Casino Control Act 1991 for "14" substitute "28".

44. Duration of licence
In section 48(c) of the Casino Control Act 1991 for "3" substitute "10".

45. Cancellation, disqualification and suspension
(1) In section 52(1) of the Casino Control Act 1991

in the definition of "disciplinary action" for
paragraph (d) substitute—
"(d) cancellation of the licence;

(e) cancellation of the licence and disqualification from obtaining or applying for a licence or permit under this Act, the Gaming Machine Control Act 1991, the Gaming and Betting Act 1994 or the Gaming No. 2 Act 1997 for a specified period not exceeding 4 years;".
(2) In section 53 of the Casino Control Act 1991, after "charged with" insert ", found guilty of or convicted of".
(3) In section 54(2) of the Casino Control Act 1991,

after "a licence" insert "whether the licence was
suspended by the Authority or the Director".

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 46

46. Increased penalty
In the penalty at the foot of section 57 of the substitute "50 penalty units".

47. Powers of removal
In section 81 of the Casino Control Act 1991—
(a) sub-section (1) is repealed;

(b)

in sub-section (2) for "Any other person" substitute "A person".

48. System of controls and procedures
In section 122(1) of the Casino Control Act
1991—
(a) in paragraph (s) omit "and";

(b)

after paragraph (t) insert— "(u) procedures and standards for assessing
the suitability of suppliers of goods or
services to the casino and the casino
operator which may vary according to
the nature of the goods or services or
the nature of the suppliers of goods or
services;
(v) procedures for maintaining records of the suppliers of goods and services.".

49. Public hearings
After section 143(3) of the Casino Control Act
1991 insert—
"(4) An inquiry or meeting for the purposes of
making a finding or a determination relating to the following matters must be conducted in public unless the Authority determines
that there are special circumstances requiring
that the inquiry or meeting or part of the

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 50

Act No. 88/2000

inquiry or meeting should be held in
private—

(a) the grant of a casino licence under section 13;
(b) the amendment of the conditions of a casino licence under section 16;
(c)
the definition or redefinition of 17;

(d) the giving or varying of a direction about the days and times of operation of a casino under section 65.
(5) The Authority may direct that an inquiry or meeting or part of an inquiry or meeting be held in private if it considers—

(a)

it necessary to do so to prevent the unreasonable divulgence of information relating to the personal affairs of any person including a deceased person; or

(b)

it is otherwise in the interests of justice or the public interest to do so.".

50. New sections 145 and 146 inserted
After section 144 of the Casino Control Act 1991 insert—

"145. Authority to give written statement after public hearing or on request
(1) The Authority must publish a written

statement of its decision and the reasons for
a decision made in relation to a matter
required to be held in public by section
143(3) within 14 days after the decision.

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 50
(2) The Authority must give a written statement

of reasons for a decision to a person who
requested it in accordance with section 145
within 28 days after receiving the request.

(3) A statement under this section must set
out—
(a) the reasons for the decision; and

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(4) A statement need not be given to a person under sub-section (2) if the Authority has already given a written statement containing
the matters referred to in sub-section (3) to
the person (whether as part of the decision or
separately).
(5) A statement of reasons to be given to a

(6) If a statement of reasons would be false or misleading if it did not include information or matter referred to in sub-section (5), the Authority must inform the person who
requested the statement of that fact and must
not give the statement to the person.
146. Request for statement of reasons for decision
(1) A person whose interests are affected by a
decision of the Authority may request the

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 51

Act No. 88/2000

Authority to give the person a written statement of reasons for the decision.
(2) A request under sub-section (1) must be

made in writing within 28 days after the day
on which the decision was made.".

51. Secrecy
(1) In section 151(1) of the Casino Control Act 1991
after "those powers" insert "or from an
enforcement agency in accordance with a
memorandum of understanding under section
151A".

(2) In section 151(3) of the Casino Control Act 1991
after paragraph (c) insert—
"; or

(d)
divulge information to an enforcement of understanding under section 151A; or

(e)
at a meeting or part of a meeting of the
Authority that was held in public or any
information that was considered at an inquiry
divulge any information that was considered was held in public; or
(f) divulge any of the following information—
(i) the name of an applicant for a licence under this Act (except a special employee's licence), the date of the licence application, the date and result of the Authority's determination of the application;
(ii) the name of the holder of a licence (including a special employee's licence) and the expiry date of the licence;

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 51
(iii) the name of an associate of a casino operator who has been approved by the Authority;

(iv)
particulars of disciplinary action taken (including a special employee's licence) or action taken by the Authority in relation to an associate of a casino operator under section 28A(3), (4A), (4B) or (5);
(v)  particulars of an amendment to the conditions of a casino licence;
(vi)  the name of a person who has applied for or otherwise made a written request to the Authority to consider a matter referred to in section 143(3), the date of the application or request, the date the Authority determined the application or request and details of the Authority's determination;
(vii)  details of any matter that is in the public domain for any reason including a requirement under this Act to publish the information or because the matter was considered at a meeting or inquiry or part of a meeting or inquiry of the Authority that was held in public;

(viii)
any other matter that, in the opinion of (A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or

(B) would otherwise be in the public interest to divulge.".

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 52

Act No. 88/2000

52. New section 151A inserted
After section 151 of the Casino Control Act 1991 insert—

'151A. 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 functions 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.
(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)

contain a provision that applies the law of Victoria to the divulgence of information to the enforcement agency

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 52
under the memorandum and an
acknowledgment that the parties submit
to the non-exclusive jurisdiction of the
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—
"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—

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.'.

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 53

Act No. 88/2000

53. False or misleading information
In section 159(1) of the Casino Control Act
1991, after paragraph (d) insert—
"; or

(e) if the person is an associate—

(i)
in the course of the Authority's to be an associate; or
(ii) during the period of that associate's association".

54. Transitionals
After section 167 of the Casino Control Act 1991 insert—

"168. Transitionals
(1) If, immediately before the amendment of

section 44(3) by the Gambling Legislation
(Miscellaneous Amendments) Act 2000, an
applicant was entitled to appeal against a
decision of the Director under section 44, the
applicant may appeal against that decision

under section 44 in accordance with that
section as amended by that Act.

(2) The Authority may exercise the powers of

cancellation and disqualification under
section 52(1)(e) (as amended by section 45
of the Gambling Legislation
(Miscellaneous Amendments) Act 2000),
in the course of considering a decision to
take disciplinary action under section 52
even though the consideration had begun
before the commencement of section 45 of

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 54
the Gambling Legislation (Miscellaneous Amendments) Act 2000 if the decision to take action had not been made before the
commencement of section 45 of that Act.".

_______________
Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 55

Act No. 88/2000

PART 5—INTERACTIVE GAMING (PLAYER PROTECTION)

ACT 1999

See:

Act No.

55. Reasons for decision

41/1999

and

Section 24(4) of the Interactive Gaming (Player

amending

Protection) Act 1999 is repealed.

Act No. 24/2000. LawToday:

56. Carry forward tax loss

For section 38(3) of the Interactive Gaming
(Player Protection) Act 1999 substitute—
"(3) If, in respect of a month, the amount of the
sum of—

(a) all prizes paid from the total amount wagered on interactive games conducted by the licensed provider in that month except prizes paid from a jackpot special prize pool; and
(b) all amounts determined under the rules of the interactive games for payment, in respect of the total amount wagered on interactive games conducted by the
licensed provider in that month, to a
jackpot special prize pool—
exceeds the total of the amount wagered on interactive games conducted by the licensed provider during that month, the amount of
the excess may be applied to reduce the
amount of gaming revenue that is payable for
the next or a subsequent month for the
purposes of determining the amount under
sub-section (1).".

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 57

57. Directions about responsible gambling
At the end of section 43 of the Interactive
Gaming (Player Protection) Act 1999 insert—
"(2) Without limiting sub-section (1), the
Authority may, by written notice, give directions to licensed providers about—

(a) the conduct of games that the licensed provider is authorised to conduct under this Act; and
(b) how licensed providers must foster responsible gambling by players of interactive games in order to—
(i) minimise harm caused by problem gambling; and

(ii) accommodate those who gamble
without harming themselves or
others.".

58. Public hearings
After section 66(2) of the Interactive Gaming
(Player Protection) Act 1999 insert—
"(3) An inquiry or meeting for the purposes of
making a finding or a determination relating to the grant of an interactive gaming licence under Part 4 must be conducted in public
unless the Authority determines that there
are special circumstances requiring that the
inquiry or meeting or part of the inquiry or
meeting should be held in private.
(4) The Authority may direct that an inquiry or meeting or part of an inquiry or meeting be held in private if it considers—

(a)

it necessary to do so to prevent the unreasonable divulgence of information

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 59	Act No. 88/2000
relating to the personal affairs of any person including a deceased person; or

(b)

it is otherwise in the interests of justice or the public interest to do so.".

59. New sections 67A and 67B inserted
After section 67 of the Interactive Gaming
(Player Protection) Act 1999 insert—

"67A. Authority to give written statement about certain decisions or on request
(1) The Authority must publish a written
statement of its decision and the reasons for a decision made in relation to the grant of an interactive gaming licence under Part 4
within 14 days after the decision.
(2) The Authority must give a written statement

of reasons for a decision to a person who
requested it in accordance with section 67B
within 28 days after receiving the request.

(3) A statement under this section must set
out—
(a) the reasons for the decision; and

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(4) A statement need not be given to a person under sub-section (2) if the Authority has already given a written statement containing
the matters referred to in sub-section (3) to
the person (whether as part of the decision or
separately).
(5) A statement of reasons to be given to a

person referred to in sub-section (2) who was
not an applicant or an associate of an

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 60
applicant must not include any information
or matter about a person who was, or was
referred to in an application as, an associate
except as to the actual decision.
(6) If a statement of reasons would be false or misleading if it did not include information or matter referred to in sub-section (5), the Authority must inform the person who
requested the statement of that fact and must
not give the statement to the person.
67B. Request for statement of reasons for
decision
(1) A person whose interests are affected by a decision of the Authority may request the Authority to give the person a written
statement of reasons for the decision.
(2) A request under sub-section (1) must be

made in writing within 28 days after the day
on which the decision was made.".

60. VCAT
(1) In section 68(2) of the Interactive Gaming

(Player Protection) Act 1999 after paragraph (b)
insert—
"(c) if, under section 67B, the person requests a

statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under
section 67A(6) that a statement of reasons
will not be given.".
(2) After section 68(3) of the Interactive Gaming

(Player Protection) Act 1999 insert—
"(4) If a person requests a statement of reasons

under the Victorian Civil and
Administrative Tribunal Act 1998 and
under section 67B, an application for review

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 61

Act No. 88/2000

must be made within 28 days after the date
on which a statement of reasons was first
given under either of those provisions or the
date the person was first informed under
either of those provisions that a statement of
reasons would not be given.".

61. Secrecy
(1) In section 69(1) of the Interactive Gaming

(Player Protection) Act 1999 after "those
powers" insert "or from an enforcement agency in
accordance with a memorandum of understanding
under section 69A".

(2) In section 69(2) of the Interactive Gaming

(Player Protection) Act 1999 for "(5)" substitute
"(6)".

(3) In section 69(3) of the Interactive Gaming

(Player Protection) Act 1999 after paragraph (c)
insert—

"; or

(d)
divulge information to an enforcement of understanding under section 69A; or

(e)
at a meeting or part of a meeting of the
Authority that was held in public or any
information that was considered at an inquiry
divulge any information that was considered was held in public; or
(f) divulge any of the following information—
(i) the name of an applicant for a licence under this Act the date of the licence application, the date and result of the Authority's determination of the
application;

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 61
s. 62
Act No. 88/2000
(ii)  the name of a licensed provider and the expiry date of the licence;
(iii)  the name of an associate of the licensed provider who has been approved by the Authority;
(iv)  particulars of any amendment to the conditions of an interactive gaming licence;
(v)  particulars of disciplinary action taken against a licensed provider;
(vi)  details of any matter that is in the public domain for any reason including a requirement under this Act to publish the information or because the matter was considered at a meeting or inquiry or part of a meeting or inquiry of the Authority that was held in public;

(vii)
any other matter that, in the opinion of (A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or

(B) would otherwise be in the public interest to divulge.".

62. New section 69A inserted

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000

After section 69 of the Interactive Gaming
(Player Protection) Act 1999 insert—

'69A. 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 functions 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.
(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
contain a provision that applies the law acknowledgment that the parties submit

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 62
to the non-exclusive jurisdiction of the
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—
"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—

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.'.

_______________
Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 63

Act No. 88/2000

PART 6—GAMING NO. 2 ACT 1997

See:

Act No.	63. Secrecy
16/1997.
Reprint No. 1	In section 104(3) of the Gaming No. 2 Act 1997
as at	after paragraph (c) insert—
1 June 1999
and	"; or
amending
Act No.
41/1999.	(d) divulge any information that was considered
LawToday:	at a meeting or part of a meeting of the
	dpc.vic.	Authority that was held in public or any
gov.au	information that was considered at an inquiry or part of an inquiry of the Authority that was held in public; or

(e) divulge any of the following information—
(i)  the name of an applicant for an operator's licence or a declaration as a community or charitable organisation or a permit under this Act, the date of the application, the date and result of the Authority's determination of the application;
(ii)  the name of an organisation declared to be a community or charitable organisation, the holder of any licence, approval or permit under this Act and the expiry date of the licence or permit;
(iii)  the name of an associate of the holder of any licence under this Act that is approved by the Authority;
(iv)  particulars of any amendment to the conditions of a licence or permit under this Act;
(v)  particulars of disciplinary action taken against a person under this Act;

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 s. 64
(vi) details of any matter that is in the public domain for any reason including a requirement under this Act to publish the information or because the matter was considered at a meeting or inquiry or part of a meeting or inquiry of the Authority that was held in public;

(vii)
any other matter that, in the opinion of (A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or

(B) would otherwise be in the public interest to divulge.".

64. Public hearings
After section 96(2) of the Gaming No. 2 Act
1997 insert—
"(3) An inquiry or meeting for the purposes of
making a finding or a determination relating to the following matters must be conducted in public unless the Authority determines
that there are special circumstances requiring
that the inquiry or meeting or part of the
inquiry or meeting should be held in
private—

(a) the issue or renewal of an operator's licence under section 40;
(b) the amendment of the conditions of an operator's licence under section 44.
(4) The Authority may direct that an inquiry or meeting or part of an inquiry or meeting be held in private if it considers—

Gambling Legislation (Miscellaneous Amendments) Act 2000

s. 64

Act No. 88/2000

(a)

it necessary to do so to prevent the unreasonable divulgence of information relating to the personal affairs of any person including a deceased person; or

(b)

it is otherwise in the interests of justice or the public interest to do so.".
═══════════════

Gambling Legislation (Miscellaneous Amendments) Act 2000

Act No. 88/2000 Endnotes

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 make miscellaneous
amendments to the Gaming Machine Control Act 1991, the Gaming
and Betting Act 1994, the Casino Control Act 1991, the Gaming No. 2
Act 1997, and the Interactive Gaming (Player Protection) Act 1999
and for other purposes."

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Citations

Untitled document

Cases Citing This Decision

Cases Cited

Statutory Material Cited

3.	Nominee	3
4.	Approval of premises	3
5.	New sections 28A and 28B inserted	4

28A.	Notification of certain changes	4
28B.	Endorsement of licence and Register	5

6.	Cancellation and disqualification	8
7.	Duration of licence	9
8.	Suspension of licence	9
9.	New section 142 substituted	9

10.	On-going monitoring of associates	10
11.	Associates to update information	11
12.	False or misleading information	12
13.	Time periods	12
14.	Menzies at Rialto	12
15.	Testers may be listed on the Roll	13
16.	Approval of variation of gaming machine types and games	14
17.	Approval of electronic monitoring systems	14
18.	Licensed technicians	15
19.	Authority conferred by a technician's licence	15
20.	Roll of Suppliers	15
21.	New sections 113, 114 and 115 inserted	17

113.	Public hearings	17
114.	Authority to give written statement after public hearing
or on request	18
115.	Request for statement of reasons for decision	19

28.	Menzies at Rialto	28
29.	Reasons for decisions	28
30.	Increase in commissions and taxes	28
31.	Secrecy	28
32.	New section 127A inserted	30
127A. Memorandum of understanding	30
33.	Public meetings	32
34.	Delegation to Director	32
35.	New sections 93A and 93B inserted	32

36.	Meaning of public interest	35
37.	Updating of information from associates	35
38.	Reasons for decision	36
39.	Requirement for information	36
40.	Controlled contracts	36
41.	New section 28AA inserted	36
28AA. Change in situation of associate	37
42.	On-going monitoring of associates	37
43.	Time limit for appeal	38
44.	Duration of licence	38
45.	Cancellation, disqualification and suspension	38
46.	Increased penalty	39
47.	Powers of removal	39
48.	System of controls and procedures	39
49.	Public hearings	39
50.	New sections 145 and 146 inserted	40

55.	Reasons for decision	48
56.	Carry forward tax loss	48
57.	Directions about responsible gambling	49
58.	Public hearings	49
59.	New sections 67A and 67B inserted	50

(a)	require the Victorian Casino and Gaming Authority to—
(i) hold public hearings on certain matters; (ii) give reasons for certain decisions;
(b)	allow the Victorian Casino and Gaming Authority to—

In section 3(1) of the Gaming Machine Control	Act No.
Act 1991 insert the following definition—	53/1991 Reprint No. 7
' "nominee" means a natural person approved by the Authority under section 25A;'.	as at 1 July 2000.
LawToday:
dpc.vic. gov.au

(a)	a general licence under section 8 of the Liquor Control Reform Act 1998;
(b)	a club licence (whether full or restricted) under section 10 of the Liquor Control Reform Act 1998;
(c)	a licence under Part 1 of the Racing Act 1958.".

(a)	the number of gaming machines permitted; and
(b)	the gaming machine areas approved for the premises.

(a)	a condition that the approval does not take effect until the Authority has notified the applicant in writing that the premises have been inspected for the purposes of section 12D(1)(b) and the Authority is satisfied that the premises are suitable for the management and operation of gaming machines; and
(b)	any other conditions that the Authority thinks fit.

(b)	in the case of a venue operator that is an unincorporated body, the passing of a resolution by the body to authorise the body to become a body corporate;
(c)	more clubs applying for an amalgamated club licence under section

Administration Act 1986, the guardian or administrator appointed in respect of the licensee;
(v)	assignee of a licensee who

(b)	any person who, as a result of the endorsement, will be or become an associate of the person endorsed on the licence is at the time of endorsement approved by the Authority as an associate under this Act or the Casino Control Act 1991, the Gaming and Betting Act 1994, the Gaming No. 2 Act 1997 or the Interactive Gaming (Player Protection) Act 1999;
(c)	having regard to the purpose of this Act, the endorsement of the licence would not be contrary to the public interest;
(d)	for continuity of the licence in circumstances other than where the

(b)	an associate or nominee of a licence holder under this Act;
(c)	a company declared under section 3A to be an operator in relation to a gaming operator's licence under Part 3;

(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 Authority, within the period specified in the notice, regarding the future conduct of the associate.

(a)	in sections 45(6), 51(3) and 64(1) for "14 days" substitute "28 days";
(b)

(d)	to enter into arrangements with manufacturers or suppliers of gaming equipment or games or gaming operators to test gaming equipment or games for the purposes of the issue of certificates referred to in section 69 or 75B.";
(c)	in section 66(1) after paragraph (c) insert— "(ca) that the person listed on the Roll has

(b)	in section 60(1) after "equipment" insert "or test gaming equipment or games for the purposes of the issue of certificates referred to in section 69 or 75B";
(c)	in section 60(2) after "equipment" insert "or to test gaming equipment or games for the purposes of the issue of certificates referred to in section 69 or 75B".

(a)	in section 14(1)(a) for "manufacturers and suppliers listed on the Roll" substitute "a person listed on the Roll";
(b)	for the heading to Division 6 of Part 3 substitute—

(c)	in section 62 for "Roll of Recognised Manufacturers and Suppliers of Gaming
(d)	in section 67(1) and (2) for "manufacturer or supplier of gaming equipment" substitute "person listed on the Roll";
(e)	in section 67(1) and (2) for "of such a manufacturer or supplier" substitute "of such a person";
(f)	in section 126(1)(d) for "the manufacturer or supplier listed on the Roll" substitute "the person listed on the Roll";
(g)	in section 127(1)(b) for ", licensed technician or manufacturer or supplier listed on the Roll" substitute "or person listed on the Roll";
(h)	in section 128(2) for "a manufacturer or supplier listed on the Roll" substitute "a person listed on the Roll";

(a)	an application for approval of premises for gaming;
(b)	an application for a venue operator's licence;
(c)	a proposed amendment to a venue operator's licence to—

(d)	approval of gaming machine types and games under section 69;
(e)

(a)	it necessary to do so to prevent the unreasonable divulgence of information relating to the personal affairs of any person including a deceased person; or
(b)	it is otherwise in the interests of justice or the public interest to do so.

Act No. 88/2000	s. 23
Authority's determination of the application;

(a)	to give the total gambling expenditure for all approved venues in a municipal district; and
(b)	if a municipal district has less than 3 approved gaming venues, to give the total gambling expenditure for all

(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 functions 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.

(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—