Untitled document

Gambling Legislation (Responsible Gambling) Act

2000

Act No. 16/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENT OF THE CASINO CONTROL ACT 1991 3

3.	Gaming machine numbers in casino	3
4.	Object of the Authority	3
5.	Regulations	3

PART 3—AMENDMENT OF THE GAMING MACHINE

CONTROL ACT 1991	4
Division 1—General	4

6.	Purpose widened	4
7.	Definitions	4

Division 2—Regional Limits 5

8.	New section 12AA inserted	5
12AA. Regional limits on gaming machines	5
12AB. No compensation payable	7
9.	Matters to be considered in application for venue operator's
licence	7
10.	Amendment of conditions of venue operator's licence	8
11.	New sections 165 and 166 inserted	8

165.	Transitional provision—regional limits	9
166.	Saving of direction under section 12	9

Division 3—24 Hour Gaming 9

12.	24 hour gaming venues in Melbourne	9
13.	Determination of application for approval of premises	10
14.	Notification of approval	11
15.	Venue operator's licence	11
16.	Register of venue operators and approved venues	12

i

Section Page

17.	Increase of 24 hour gaming	12
18.	New section 167 inserted	14

167. Transitional provisions—24 hour gaming 14

Division 4—Impact of Gaming on Community 16

19.	New section 12CA inserted	16
12CA. Impact of gaming on municipal district	16
20.	Matters for consideration in application for approval of premises	17
21.	Exception of renewal of approval	17
22.	Increase in gaming machines in an approved venue	17
23.	New section 168 inserted	18

168.        Transitional provisions—impact of gaming on

community 18

Division 5—Gambling Research Panel 21

24.	Community Support Fund	21
25.	New Part 9A inserted	22
PART 9A—GAMBLING RESEARCH PANEL	22
138A. Establishment	22
138B. The Crown	22

138C.	Functions and powers	22
138D.	Members of the Panel	23

138E. Remuneration 24

138F. Term of office 24

138G. Acting appointments	24
138H. Vacancies, resignations	25

138I.	Disclosure of interests	26
138J.	Chairperson to preside	26
138K.	Proceedings of the Panel	26
138L.	Validity of decisions	27

138M. Research plan	27
138N. Financial Management Act	28

Division 6—Miscellaneous 29

26.	Delegation	29
27.	Objects of the Authority	29
28.	Supreme Court—limitation of jurisdiction	30
29.	Section 68 inserted	30

68. Contracts to be approved by Authority 30

30.	Regulation-making power	31
31.	Statute law revision	31

═══════════════

NOTES 32

ii

Victoria

No. 16 of 2000

Gambling Legislation (Responsible

Gambling) Act 2000†

[Assented to 9 May 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a)	to restrict the number of gaming machines at the Melbourne Casino;
(b)	to provide for the determination of maximum numbers of gaming machines in regions of the State;

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 2

(c)	to provide for restrictions on 24 hour gaming;
(d)	to provide for the views of a municipal council to be taken into account when the Authority is considering the placement of gaming machines in the municipal district;
(e)	to provide for the establishment of the Gambling Research Panel;
(f)	to provide for players of gaming machines to be given information relevant to gaming on gaming machines;
(g)	to provide for the regulation of advertising in relation to gambling.

2. Commencement

(1) This Act, except Division 3 of Part 3, comes into

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

(2) Division 3 of Part 3 is deemed to have come into

operation on 2 March 2000.
_______________

Gambling Legislation (Responsible Gambling) Act 2000

s. 3 Act No. 16/2000

PART 2—AMENDMENT OF THE CASINO CONTROL ACT

1991

3. Gaming machine numbers in casino

No. 47/1991.	At the end of section 62A of the Casino Control
Reprint No. 4
as at	Act 1991 insert—
1 January
1999. Further	'(2) The number of gaming machines available
amended by
No. 41/1999.	for gaming at the Melbourne Casino must not exceed 2500.

(3) In sub-section (2), "Melbourne Casino" has

the same meaning as in the Agreement
within the meaning of the Casino
(Management Agreement) Act 1993.'.

4. Object of the Authority

In section 140 of the Casino Control Act 1991,
for paragraph (c) substitute—

"(c) fostering responsible gambling in casinos in

order to—

(i)  minimise harm caused by problem gambling; and

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

5. Regulations

In section 167(1) of the Casino Control Act
1991, after paragraph (b) insert—

"(ba) the provision to players of gaming machines

in a casino of information relevant to gaming

on gaming machines;".

_______________
Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 6

PART 3—AMENDMENT OF THE GAMING MACHINE

CONTROL ACT 1991

Division 1—General

6. Purpose widened

In section 1 of the Gaming Machine Control Act	No. 53/1991. Reprint No. 5
1991, after paragraph (e) insert—	as at 30 June 1998. Further
"; and	amended by Nos 117/1993,
(f) fostering responsible gambling in order to—	90/1997, 93/1997,
(i) minimise harm caused by problem gambling; and	90/1998, 94/1998,
41/1999, 47/1999 and
(ii) accommodate those who gamble	53/1999.

without harming themselves or others.".

7. Definitions

In section 3(1) of the Gaming Machine Control

Act 1991—

(a)

for the definition of "Melbourne Statistical ' "Melbourne Statistical Division" means

the Major Statistical Region of
Melbourne described in the publication
entitled Statistical Geography—
Volume 1—Australian Standard
Geographical Classification (ASGC),
Catalogue number 1216.0 published in
1996 by the Australian Bureau of

Statistics;';

(b) insert the following definitions—
' "municipal district" has the same meaning

as in the Local Government Act 1989;

Gambling Legislation (Responsible Gambling) Act 2000

s. 8 Act No. 16/2000

"Panel" means Gambling Research Panel established under Part 9A;

"regional limit" means the maximum

permissible number of gaming
machines available for gaming in a
region of the State determined and in
force under section 12AA;

"State limit" means the maximum permissible number of gaming machines available for gaming in the

State directed and in force under section 12(1)(a);'.

Division 2—Regional Limits

8. New section 12AA inserted

In Part 2 of the Gaming Machine Control Act

1991, after section 12 insert—

"12AA. Regional limits on gaming machines

(1) The Minister may from time to time, by

order in writing published in the Government
Gazette—

(a)	determine regions in the State for the purposes of this Act; and
(b)	criteria which the Authority must use to determine the maximum permissible

in respect of each region, specify the for gaming in the region.

(2) Within 60 days after an order under sub-

section (1) is published in the Government Gazette, the Authority must, by instrument published in the Government Gazette, and in
accordance with the specified criteria,
determine the maximum permissible number

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 8

of gaming machines available for gaming in a region determined and in force under sub- section (1)(a) but so that the total for the

State does not exceed the State limit.

(3) Within 7 days after publication of a

determination under sub-section (2), the

Authority must—

(a)	serve on each gaming operator a copy of the determination; and
(b)	give to each gaming operator a written direction requiring compliance with the regional limits determined under sub-
section (2) by any means specified by the Authority in the direction.

(4) Without limiting sub-section (3)(b), a

direction under that sub-section may—

(a)	require the number of gaming machines in a region to be reduced by the gaming operators on a pro rata or percentage
basis or on any other basis, subject to compliance with directions given by the Minister and in force under paragraph (d) or (e) of section 12(1); or
(b)	specify a period or date, being not later than 5 years after the date on which the direction is given, within which or by
which one or more regional limits must be met.

(5) A gaming operator must comply with a

direction under sub-section (3) as soon as it
takes effect.

(6) A direction takes effect when the direction is

given to the gaming operator or on a later
date specified in the direction.

Gambling Legislation (Responsible Gambling) Act 2000

s. 9 Act No. 16/2000

(7) Not later than 5 years after the publication of

a determination under sub-section (2) and
thereafter at intervals not exceeding 5 years,
the Authority must—

(a) review the regional limits; and

(b) if a regional limit is no longer appropriate, determine, by instrument published in the Government Gazette, a new regional limit in accordance with the criteria specified under sub-section (1)(b) but so that the total for the State does not exceed the State limit.

(8) This section applies to a determination under

sub-section (7)(b) as if it were a
determination under sub-section (2).

12AB. No compensation payable

No compensation is payable by the Crown in respect of any direction given or anything done under or arising out of any direction given by the Authority under section 12AA, any action taken by the Authority under section 27(2AB) or any decision made by the Authority arising out of an amendment proposed under section 27(2AB).".

9.  Matters to be considered in application for venue operator's licence

In section 21(1) of the Gaming Machine Control
Act 1991, after paragraph (b) insert—
"(c) in respect of each premises approved under

Part 2A that the applicant seeks to manage and operate under the licence, the regional limit will not be exceeded by the grant of the

application; and".

Gambling Legislation (Responsible Gambling) Act 2000

s. 10
s. 11

Act No. 16/2000

10. Amendment of conditions of venue operator's licence

(1) In section 27 of the Gaming Machine Control

Act 1991, after sub-section (2) insert—

"(2AA) For the purpose of complying with a regional

limit, the gaming operator who supplies
gaming machines to a venue operator may
request the Authority in writing to propose
an amendment of the conditions of that
venue operator's licence by varying the
number of gaming machines permitted in an
approved venue.

(2AB) If the Authority is satisfied that an

amendment referred to in sub-section (2AA) is required to implement a regional limit, the Authority must propose the amendment in

accordance with sub-section (2)(b).".

(2) In section 27(3B) of the Gaming Machine

Control Act 1991, after paragraph (a) insert—

"(ab) if the proposed amendment will result in an

increase in the number of gaming machines for gaming machines for the region in which the approved venue is located will not be exceeded by the making of the amendment; and".

permitted in an approved venue, the

(3) In section 27(5) of the Gaming Machine Control

Act 1991, after "gaming" insert "or for the purpose of implementing a regional limit".

11. New sections 165 and 166 inserted

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000

After section 164 of the Gaming Machine

Control Act 1991 insert—

"165. Transitional provision—regional limits

This Act as amended by Division 2 of Part 3 of the Gambling Legislation (Responsible Gambling) Act 2000 applies to—

(a)	an application for the grant of a venue operator's licence that is made to the Authority but not determined before the commencement of that Division; and
(b)	venue operator's licence that is proposed under section 27 but not

an amendment of a condition of a that Division.

166. Saving of direction under section 12

A direction made by the Minister under

section 12(1)(b) and in force immediately effect as if section 7(a) of that Act had not been enacted until the direction is varied or revoked.".

before the commencement of section 7(a) of
the Gambling Legislation (Responsible

Division 3—24 Hour Gaming

12. 24 hour gaming venues in Melbourne

In section 12B of the Gaming Machine Control

Act 1991, after sub-section (3) insert—

"(3A) If an applicant for approval of premises—

(a) in the Melbourne Statistical Division; and

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 13

(b) in respect of which a licence granted under section 8 or 10 of the Liquor Control Reform Act 1998 authorises the supply of liquor at any time—

wishes to open the premises as an approved
venue for 24 hours on any day, the
application must also be accompanied by a

submission—

(c) that will accrue to the community of the
municipal district in which the premises

on the net economic and social benefit being open as an approved venue for 24 hours; and

(d) taking into account the impact of the proposal for approval on surrounding municipal districts.

(3B) A submission under sub-section (3A) must

be made in or to the effect of the form
approved by the Authority and must include
the information specified in the form.".

13. Determination of application for approval of premises

(1) In section 12H of the Gaming Machine Control Act 1991, after sub-section (1) insert—

"(1A) It is a condition of every approval of

premises that, when the premises are an

approved venue—

(a)	there must be a continuous 4 hour break from gaming after every 20 hours of gaming; and
(b)	there must not be more than 20 hours of gaming each day.

(1B) Sub-section (1A) does not apply to premises
in the Melbourne Statistical Division on any

Gambling Legislation (Responsible Gambling) Act 2000

s. 14 Act No. 16/2000

day or date specified in an approval of
premises or in a venue operator's licence as a
day or date on which 24 hour gaming is

permitted in the premises.

(1C) Sub-sections (1A) and (1B) apply to—

(a)	an approval of premises granted under this section; and
(b)	a new approval granted under section 12J—

where the application for approval is made
on or after 2 March 2000.".

(2) In section 12H(2) of the Gaming Machine Control Act 1991, after "any" insert "other".

14. Notification of approval

In section 12H of the Gaming Machine Control
Act 1991, after sub-section (3) insert—

"(3A) If the Authority approves the opening of

premises as an approved venue for 24 hours
on any day—

(a)	the approval must specify the days or dates on which 24 hour gaming is permitted in the premises; and
(b)	the Authority must cause notice of the approval to be published in the Government Gazette.".

15. Venue operator's licence

In section 25 of the Gaming Machine Control
Act 1991, after sub-section (2) insert—

"(2A) If the Authority has approved, under Part

2A, the opening of the premises as an
approved venue for 24 hours on any day, the
Authority must specify in the venue

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 16

operator's licence the days or dates on which
the approved venue may so open.".

16. Register of venue operators and approved venues In section 25AA(2) of the Gaming Machine Control Act 1991, after paragraph (e) insert—

"(f) if the approved venue may open for 24

hours, the days or dates on which the

approved venue may so open.".

17. Increase of 24 hour gaming

(1) In section 27(1) of the Gaming Machine Control Act 1991, after paragraph (c) insert—

"; and

(d) variation of the days or dates on which 24 hour gaming is permitted in an approved venue under the licence or section 167—".

(2) In section 27 of the Gaming Machine Control

Act 1991, after sub-section (1) insert—

"(1A) A venue operator's licence may be amended

in accordance with this section to add a
condition specifying days or dates on which
24 hour gaming is permitted in an approved
venue, when none currently takes place.

(1B) An amendment referred to in sub-section

(1)(d) or (1A) may only be proposed for an
approved venue—

(a)	in the Melbourne Statistical Division; and
(b)	in respect of which a licence granted under section 8 or 10 of the Liquor Control Reform Act 1998 authorises the supply of liquor at any time.".

Gambling Legislation (Responsible Gambling) Act 2000

s. 17 Act No. 16/2000

(3) In section 27(2A) of the Gaming Machine Control Act 1991, after paragraph (b) insert—

"; and

(c) in the case of an amendment referred to in sub-section (1)(d) or (1A), must be accompanied by a submission—

(i) that will accrue to the community of the

on the net economic and social benefit approved venue is located as a result of the proposed amendment; and

(ii)  taking into account the impact of the proposed amendment on surrounding municipal districts—

in or to the effect of the form approved by
the Authority and including the information
specified in the form.".

(4) In section 27(3) of the Gaming Machine Control Act 1991, after "make" insert "any other".

(5) In section 27 of the Gaming Machine Control

Act 1991, after sub-section (4) insert—

"(4A) An amendment referred to in sub-section

(1)(d) or (1A) may be made subject to any
conditions that the Authority thinks fit.

(4B) The Authority is not required to give reasons for its decision to make or refuse to make an amendment referred to in sub-section (1)(d) or (1A) but may give reasons if it thinks fit.".

(6) In section 27 of the Gaming Machine Control

Act 1991, after sub-section (6) insert—

"(7) If the Authority makes an amendment

referred to in sub-section (1)(d) or (1A), the
Authority must cause notice of the

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 18

amendment to be published in the

Government Gazette.".

18. New section 167 inserted

After proposed section 166 of the Gaming

Machine Control Act 1991 insert—

"167. Transitional provisions—24 hour gaming

(1) Until an application for a new approval of

premises is made under section 12J in
respect of an approved venue or until an
amendment referred to in sub-section (1)(d)
or (1A) of section 27 is made to a venue
operator's licence, the venue operator may
conduct gaming for 24 hours at the approved

venue only—

(a)	in accordance with an approval granted under this section; or
(b)	until an application made in accordance with this section is finally determined.

(2) A venue operator cannot apply under this

section for an approval to open for gaming
for 24 hours on any days or dates other than
those referred to in sub-section (4)(b).

(3) Not later than 28 days after the Gambling Legislation (Responsible Gambling) Act 2000 receives the Royal Assent, a venue

operator may apply to the Authority for an
approval under sub-section (5).

(4) An application must include, in respect of each approved venue, evidence that—

(a) a licence granted under section 8 or 10 of the Liquor Control Reform Act 1998 authorising the supply of liquor at any time is in force in respect of the premises; and

Gambling Legislation (Responsible Gambling) Act 2000

s. 18 Act No. 16/2000

(b) gaming for 24 hours on one or more
days each week or dates during the
period of 12 months immediately
before the Gambling Legislation

the approved venue was open for received the Royal Assent.

(5) If the Authority is satisfied that an approved venue was open for gaming for 24 hours on one or more days each week or dates during the period of 12 months immediately before the Gambling Legislation (Responsible

Gambling) Act 2000 received the Royal Assent, the Authority may grant to the venue operator an approval to conduct 24 hour gaming only on the same day, days or dates at the approved venue for the remainder of the current term of the approval of those premises under Part 2A unless sooner cancelled, revoked or surrendered.

(6) An approval must specify—

(a) the location of the approved venue; and

(b) the day, days or dates on which 24 hour gaming is permitted at the approved venue.

(7) The Authority must—

(a)	cause notice of an approval to be published in the Government Gazette; and
(b)	cause to be entered in the Register maintained in accordance with section 25AA the days or dates on which the approved venue may open for 24 hours.

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 19

(8) This Act as amended by Division 3 of Part 3 of the Gambling Legislation (Responsible Gambling) Act 2000 applies to an

application for approval of premises that is
made to the Authority but not determined

before that Act receives the Royal Assent.".

Division 4—Impact of Gaming on Community

19. New section 12CA inserted

After section 12C of the Gaming Machine

Control Act 1991 insert—

"12CA. Impact of gaming on municipal district

(1) Within 28 days after receiving a copy of an

application for approval of premises, the
relevant responsible authority may make a
submission to the Authority—

(a)	addressing the economic and social impact of the proposal for approval on the well-being of the community of the municipal district in which the premises are located; and
(b)

taking into account the impact of the districts.

(2) A submission must be made in or to the

effect of the form approved by the Authority and must include the information specified in the form.

(3) The Authority must consider a submission so

made.".

Gambling Legislation (Responsible Gambling) Act 2000

s. 20 Act No. 16/2000

20.  Matters for consideration in application for approval of premises

In section 12D(1) of the Gaming Machine

Control Act 1991, after paragraph (b) insert—

"; and

(c) the net economic and social impact of approval will not be detrimental to the well- being of the community of the municipal district in which the premises are located.".

21. Exception of renewal of approval

In section 12J(3) of the Gaming Machine

Control Act 1991—

(a) after "12C," insert "12CA,"; and

(b) after "12D(1)(b)" insert "and (c)".

22. Increase in gaming machines in an approved venue

(1) In section 27 of the Gaming Machine Control

Act 1991, after sub-section (2A) insert—

"(2B) If an amendment proposed by a venue

operator is to increase the number of gaming
machines permitted in an approved venue,
the venue operator must send to the
municipal council of the municipal district in
which the approved venue is located a copy
of the proposed amendment within 14 days

after the proposal is made.

(2C) Within 28 days after receiving a copy of a

proposed amendment referred to in sub- section (2B), the municipal council may make a submission to the Authority—

(a)

addressing the economic and social the well-being of the community of the

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000	s. 23
municipal district in which the approved venue is located; and

(b) taking into account the impact of the proposed amendment on surrounding municipal districts.

(2D) A submission must be made in or to the

effect of the form approved by the Authority and must include the information specified in the form.

(2E) The Authority must consider a submission made under sub-section (2C).".

(2) In section 27(3B) of the Gaming Machine

Control Act 1991, before paragraph (b) insert— "(ac) if the proposed amendment will result in an

increase in the number of gaming machines and social impact of the amendment will not be detrimental to the well-being of the community of the municipal district in which the approved venue is located; and".

permitted in an approved venue, the

23. New section 168 inserted

After proposed section 167 of the Gaming

Machine Control Act 1991 insert—

"168. Transitional provisions—impact of gaming

on community

(1) Subject to this section, this Act as amended

by Division 4 of Part 3 of the Gambling
Legislation (Responsible Gambling) Act
2000 applies to—

(a) an application for approval of premises that is made to the Authority but not determined before the commencement of that Division; and

Gambling Legislation (Responsible Gambling) Act 2000

s. 23 Act No. 16/2000

(b)

an amendment of a condition of a venue operator's licence that is proposed but not decided before the commencement of that Division.

(2) If an application for approval of premises is

before the commencement of Division 4 of
Part 3 of the Gambling Legislation
(Responsible Gambling) Act 2000, the

made to the Authority but not determined commencement—

(a)

serve a copy of the application on the relevant responsible authority; and

(b)

notify the relevant responsible authority that—

(i) receiving the copy of the
application, make a submission to

it may, within 28 days after (A) addressing the economic and

social impact of the proposal
for approval on the well-
being of the community of
the municipal district in
which the premises are

located; and

(B) taking into account the

impact of the proposal on
surrounding municipal

districts; and

(ii) in or to the effect of the form
approved by the Authority and

such a submission must be made specified in the form.

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 23

(3) If an amendment of the conditions of a venue

number of gaming machines permitted in an
approved venue is proposed to the Authority
but not determined before the
commencement of Division 4 of Part 3 of the
Gambling Legislation (Responsible

operator's licence which will increase the within 14 days after that commencement—

(a) serve a copy of the proposed amendment on the municipal council of the municipal district in which the approved venue is located; and

(b) notify the municipal council that—

(i) receiving the copy of the proposed
amendment, make a submission to

it may, within 28 days after (A) addressing the economic and

social impact of the proposed
amendment on the well-
being of the community of
the municipal district in
which the approved venue is
located; and

(B) taking into account the impact of the proposed amendment on surrounding

municipal districts.

(ii) in or to the effect of the form
approved by the Authority and

such a submission must be made specified in the form.".

Gambling Legislation (Responsible Gambling) Act 2000

s. 24 Act No. 16/2000

Division 5—Gambling Research Panel

24. Community Support Fund

(1) In section 138(4) of the Gaming Machine

Control Act 1991, for paragraph (a) substitute—
"(a) first, for payment of such amounts as are

determined by the Minister for the
performance by the Gambling Research

Panel of its functions under section 138C;".

(2) In section 138(4)(b)(i) of the Gaming Machine

Control Act 1991—

(a) after "programs for" insert "or purposes relating to"; and

(b) for "compulsive" substitute "excessive"; and

(c) for "are compulsive gamblers" substitute "gamble to problem levels".

(3) In section 138(4)(c) of the Gaming Machine

Control Act 1991, after "Fund" (where secondly
occurring) insert—
"and for payment to members of the Gambling
Research Panel of the remuneration specified in
their instruments of appointment under
section 138E".

(4) In section 138 of the Gaming Machine Control

Act 1991, for sub-sections (5), (6) and (7)
substitute—
"(5) There shall be paid into the Community

Support Fund all money standing to the credit of the Research and Development Fund established by the Authority under section 138(5) immediately before the
commencement of section 24 of the
Gambling Legislation (Responsible
Gambling) Act 2000.".

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 25

25. New Part 9A inserted

After Part 9 of the Gaming Machine Control Act

1991 insert—

"PART 9A—GAMBLING RESEARCH PANEL

138A. Establishment

(1) There is established a panel by the name of the Gambling Research Panel.

(2) The Panel—

(a) is a body corporate with perpetual succession;

(b) has a common seal;

(c) may sue and be sued;

(d) may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) The common seal of the Panel must be kept

in such custody as the Panel directs and must
not be used except as authorised by the
Panel.

(4) All courts must take judicial notice of the

seal of the Panel affixed to a document and,
until the contrary is proved, must presume
that it was duly affixed.

138B. The Crown

The Panel is a public authority which represents the Crown.

138C. Functions and powers

(1) The functions of the Panel are—

(a) to commission and monitor research relating to—

Gambling Legislation (Responsible Gambling) Act 2000

s. 25 Act No. 16/2000

(i)  the social and economic impact of gambling; and

(ii)  the causes of problem gambling and strategies to minimise harm from gambling; and

(b) to publish the results of the research. (2) In the performance of its functions, the Panel

may—

(a) enter into contracts; and

(b) do all things necessary or convenient to be done for or in connection with the performance of its functions.

(3) The Director must provide to the Panel any assistance required by the Panel to perform its functions under this Part.

138D. Members of the Panel

(1) The Panel shall consist of a chairperson and 2 other members appointed by the Governor in Council on the recommendation of the

Minister.

(2) The Minister must not recommend a person

for appointment as a member of the Panel
unless satisfied that the person has
appropriate knowledge, experience and
expertise to act as a member.

(3) A person is not eligible to be appointed as a member if he or she has been employed by or significantly associated with the licensee within the meaning of the Gaming and

Betting Act 1994, a casino operator, a venue
operator, a gaming operator or a person
listed on the Roll at any time within the
preceding 4 years.

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 25

(4) A member may be appointed on a full-time or part-time basis.

(5) The Public Sector Management and

Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.

138E. Remuneration

A member of the Panel is entitled to the remuneration that is specified in the member's instrument of appointment.

138F. Term of office

Subject to this Act, a member holds office for the period, not exceeding 3 years, that is specified in the member's instrument of appointment but is eligible for re- appointment if otherwise qualified.

138G. Acting appointments

(1) The Governor in Council may, on the

recommendation of the Minister, appoint a
person, who is qualified to be appointed
chairperson, to act as chairperson during any
period or all periods when the chairperson is
absent from duty or the office is vacant.

(2) While so acting, that member has all the

powers and may perform all the functions
and duties conferred by this Act or any other
Act on the chairperson.

(3) The Minister may appoint a person to act as

a member during any period or all periods
when a member (other than the chairperson)
is absent from duty.

Gambling Legislation (Responsible Gambling) Act 2000

s. 25 Act No. 16/2000

(4) While so acting, the person has all the

powers and may perform all the functions
and duties conferred by this Act or any other
Act on the member.

(5) An appointment under sub-section (3) is on the terms and conditions determined by the Minister.

(6) The Minister may at any time terminate an appointment under sub-section (3).

(7) In the case of an appointment under sub- section (3), if the member ceases to hold office without resuming duty, the

appointment of the acting member continues

until—

(a)	the appointment is terminated by the Minister; or
(b)	the expiry of 12 months after the date on which the member ceased to hold office—

whichever first occurs.

138H. Vacancies, resignations

(1) A member ceases to be a member if he or

she—

(a)

without leave first granted by the Panel, of which reasonable notice has been given to the member personally or by post; or

(b) becomes bankrupt; or

(c) punishable by imprisonment for

is convicted in Victoria of an offence offence which, if committed in

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000	s. 25
Victoria, would be an offence so punishable.

(2) A member may resign by notice in writing delivered to the Minister.

138I. Disclosure of interests

(1) A member who has a pecuniary interest in a

matter being considered or about to be
considered by the Panel must, as soon as
practicable after the relevant facts have come
to his or her knowledge, declare the nature of
the interest at a meeting.

(2) A person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of

the meeting.

(3) After a declaration is made by a member—

(a) unless the Panel otherwise determines, the member must not be present during any deliberation in relation to the

matter; and

(b)	the member is not entitled to vote on the matter; and
(c)	if the member does vote on the matter, the vote must be disallowed.

138J. Chairperson to preside

The chairperson or, in his or her absence, a member appointed by the Panel, shall preside at a meeting of the Panel.

138K. Proceedings of the Panel

(1) Two members constitute a quorum of the

Panel.

(2) Subject to this section, a question arising at a
meeting shall be determined by a majority of

Gambling Legislation (Responsible Gambling) Act 2000

s. 25 Act No. 16/2000

votes of members present and voting on that
question and, if voting is equal, the person
presiding has a casting, as well as a

deliberative vote.

(3) Subject to this Act, the Panel may regulate

its own proceedings.
138L. Validity of decisions

An act or decision of the Panel is not invalid merely because of—

(a)	a defect or irregularity in, or in connection with, the appointment of a member; or
(b)	a vacancy in the membership of the Panel, including a vacancy arising from the failure to appoint an original member.

138M. Research plan

(1) The Panel must prepare a research plan each

year.

(2) The Panel must give a copy of the research plan to the Minister—

(a)	on or before the date in the year specified by the Minister; or
(b)	if no date is specified, at least 2 months before it intends to implement the plan or any part of it.

(3) The research plan must be in or to the effect of a form approved by the Minister and must include—

(a) a statement of the activities and undertakings of the Panel for the next year; and

(b) a proposed budget; and

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 25

(c)	financial statements containing information requested by the Minister; and
(d)	any other matters that the Minister directs.

(4) The Panel must consider any comments

about the research plan that are made to it by
the Minister within 2 months after the plan
was given to the Minister.

(5) The Panel must consult in good faith with

the Minister following communication to it of the comments, must make any changes to the research plan that are agreed between the Minister and the Panel and must deliver the
completed plan to the Minister within
3 months after the plan was given to the
Minister under sub-section (2).

(6) The research plan may be modified at any

time by the Panel with the agreement of the
Minister.

(7) If the Panel, by written notice to the

Minister, proposes a modification of the
research plan, the Panel may, within 14 days,
make the modification unless the Minister,
by written notice to the Panel, directs the

Panel not to make it.

138N. Financial Management Act

The Panel is a public body for the purposes of the Financial Management Act 1994.".

Gambling Legislation (Responsible Gambling) Act 2000

s. 26 Act No. 16/2000

Division 6—Miscellaneous

26. Delegation

(1) In section 107A(1) of the Gaming Machine

Control Act 1991, for "3 and 8" substitute "3, 8 and 12AA".

(2) In section 107A(1A) of the Gaming Machine

Control Act 1991, after "25A," insert "27(4) in respect of amendments referred to in sub-sections (1)(d) and (1A) of section 27 and in respect of amendments proposed under section 27(2AB),".

(3) In section 107A of the Gaming Machine Control Act 1991, after sub-section (2) insert—

"(2A) Despite sub-section (1), the Authority may,

by instrument under its official seal, delegate to one or more members of the Authority any power or function of the Authority under

section 27(2AB).".

27. Objects of the Authority

In section 109 of the Gaming Machine Control Act 1991, for paragraphs (e) and (f) substitute— "(e) to advise the Minister on community

concerns about the economic and social
impact of gaming on the well-being of the

community;

(f) to foster responsible gambling in order to—

(i)  minimise harm caused by problem gambling; and

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

Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 s. 28

28. Supreme Court—limitation of jurisdiction

At the end of section 158 of the Gaming Machine
Control Act 1991 insert—

"(2) It is the intention of section 12AB to alter or

vary section 85 of the Constitution Act

1975.".

29. Section 68 inserted

In Part 4 of the Gaming Machine Control Act
1991, before section 69 insert—
'68. Contracts to be approved by Authority

(1) In this section—

"contract" includes any kind of agreement

or arrangement;

"relevant contract" means a contract

between a venue operator and a gaming
operator.

(2) A relevant contract must—

(a)	be in accordance with a form approved by the Authority; or
(b)	be approved by the Authority in a particular case.

(3) The Authority must not approve a relevant

contract if in the opinion of the Authority the
contract—

(a) is harsh and unconscionable; or

(b) is not in the public interest; or

(c)	jeopardises the integrity and conduct of gaming; or
(d)	does not promote the purpose of this Act; or

(e) is in breach of this Act.'.

Gambling Legislation (Responsible Gambling) Act 2000

s. 30 Act No. 16/2000

30. Regulation-making power

In section 159(1) of the Gaming Machine
Control Act 1991, after paragraph (u) insert—
"(ua) advertising relating to gaming;

(ub) the provision to players of gaming machines

of information relevant to gaming on gaming

machines;".

31. Statute law revision

(1) In section 12A(1) of the Gaming Machine Control Act 1991—

(a) at the end of paragraph (d) omit "or";
(b) paragraph (e) is repealed.

(2) In section 26A(3) of the Gaming Machine Control Act 1991, for "19(4), 19(5), 20(2), 21(1)(c), 21(2)(f) and 21(2)(g)" substitute "19(5)

and 20(2)".

═══════════════
Gambling Legislation (Responsible Gambling) Act 2000

Act No. 16/2000 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 2 March 2000

Legislative Council: 5 April 2000

The long title for the Bill for this Act was "to amend the Casino Control
Act 1991 and the Gaming Machine Control Act 1991 and for other

purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 2 March 2000

Legislative Council: 5 April 2000

Absolute majorities:

Legislative Assembly: 4 April 2000

Legislative Council: 3 May 2000 and 4 May 2000