Untitled document

Gaming Acts (Amendment) Act 1998

Act No. 29/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—TATTERSALL CONSULTATIONS ACT 1958 3

3.	Principal Act	3
4.	Definitions inserted	3
5.	Conditions of licence	5
6.	Consultations conducted by operator not to be unlawful	5
7.	New sections 5A to 5E inserted	6
5A. Minister may declare company to be operator	6

5B. Approval of wholly owned and controlled company 7

5C. Investigation	8
5D. Authority may require further information etc.	9
5E. Updating of application	10

8.	Consequential amendments	10
9.	Statute law revision	11

PART 3—GAMING MACHINE CONTROL ACT 1991 12

10.	Principal Act	12
11.	Amendment of definitions	12
12.	New sections 3A to 3E inserted	13
3A. Minister may declare company to be operator	13

3B. Approval of wholly owned and controlled company 14

3C. Investigation	15
3D. Authority may require further information etc.	16
3E. Updating of application	17

13.	Meaning of "associate"	18
14.	Authority conferred by gaming operator's licence	18
15.	Accounts etc.	18
16.	Statute law revision	20

i

Section	Page
PART 4—CLUB KENO ACT 1993	21

17.	Principal Act	21
18.	Amendment of definitions	21
19.	New sections 3A to 3E inserted	23
3A. Minister may declare company to be participant	23

3B. Approval of wholly owned and controlled company 24

3C. Investigation	25
3D. Authority may require further information etc.	26
3E. Updating of application	27

═══════════════

NOTES 29

ii

Victoria

No. 29 of 1998

Gaming Acts (Amendment) Act 1998†

[Assented to 19 May 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a)	to enable one or more corporate bodies wholly owned and controlled by the trustees of the will and estate of the late George Adams to conduct gaming activities currently conducted by those trustees; and
(b)	to make amendments of a statute law revision nature.

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 2

2. Commencement

(1) This Act (except section 16) comes into operation
on the day on which it receives the Royal Assent.

(2) Section 16 is deemed to have come into operation

on 9 December 1997.

_______________
Gaming Acts (Amendment) Act 1998

s. 3 Act No. 29/1998

PART 2—TATTERSALL CONSULTATIONS ACT 1958

3. Principal Act

No. 6390.	In this Part, the Tattersall Consultations Act
Reprint No. 6
as at	1958 is called the Principal Act.
5 September 1997. Further amended by No. 93/1997.

4. Definitions inserted

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

following definitions—

' "associate" means, in relation to a person (the

first person)—

(a)

a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of promoting and conducting Consultations of the first person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of any such business; or

(b)

a person who holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the business of the first

person under this Act; or

(c) a person who is a relative of the first person;

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 4

"Authority" means the Victorian Casino and Gaming Authority established under the Gaming and Betting Act 1994;

"company" means a company within the

meaning of section 9 of the Corporations
Law;

"Director" means the Director of Gaming and Betting appointed under the Gaming and Betting Act 1994;

"operator", in relation to a licence, means—

(a) the promoter; and

(b) if a declaration under section 5A is in force, the company declared under that section to be the operator in relation to that licence;

"relative", in relation to a person, means the

spouse, de facto spouse, parent, son,
daughter, or brother or sister (whether of the
full or half blood) of the person;

"relevant financial interest", in relation to a business, means—

(a)	any share in the capital of the business; or
(b)	any entitlement to receive any income derived from the business; or
(c)	any entitlement to receive any payment as a result of money advanced;

"relevant position", in relation to a business,

means the position of director, manager, or
other executive position or secretary,
however that position is designated;

"relevant power" means any power, whether exercisable by voting or otherwise and

Gaming Acts (Amendment) Act 1998

s. 5 Act No. 29/1998

whether exercisable alone or in association

with others—

(a)	to participate in any directorial, managerial, or executive decision; or
(b)	to elect or appoint any person to any relevant position;'.

(2) In section 3 of the Principal Act—

(a)	in paragraph (b) of the definition of "amount subscribed", after "promoter" insert "or operator";
(b)	in the definition of "promoter's net profit", after "promoter" (wherever occurring) insert "or operator";
(c)	in paragraph (b) of the definition of "relevant period", after "promoter" insert "or operator".

5. Conditions of licence

(1) In section 4(2) of the Principal Act, for

"promoter" (where first occurring) substitute

"operator".

(2) In section 4(4) of the Principal Act, for

"promoter" substitute "operator".

(3) In section 4(5) of the Principal Act, for

"promoter" (wherever occurring) substitute
"operator".

6.  Consultations conducted by operator not to be unlawful

(1) In section 5(1)(a) of the Principal Act, after

"promoter" insert "and, while a declaration under
section 5A is in force, the company declared

under that section to be the operator".

(2) In section 5(2)(a) of the Principal Act, after

"promoter" insert "and, while a declaration under

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 7

section 5A is in force, the company declared

under that section to be the operator".

(3) In section 5(4) of the Principal Act, for

"promoter" substitute "operator".

(4) In section 5(5) of the Principal Act, for

"promoter" substitute "operator".

(5) In section 5(6) of the Principal Act, for

"promoter" substitute "operator".

7. New sections 5A to 5E inserted

After section 5 of the Principal Act insert—

"5A. Minister may declare company to be

operator

(1) Subject to section 5B, the Minister, on the

recommendation of the promoter, may
declare a company that is wholly owned and
controlled by the promoter and is approved
by the Authority to be the operator of the
licence under section 4(1).

(2) A declaration declaring a company to be the operator ceases to have effect if the company ceases to be wholly owned and controlled by the promoter.

(3) The Minister, on the recommendation of the promoter, may revoke the declaration of an operator under this section.

(4) The Minister must cause notice of a

declaration or revocation of a declaration
under this section to be published in the
Government Gazette.

(5) If a declaration is made under this section, any liability or obligation of the promoter incurred prior to the declaration continues to

attach to the promoter after the declaration.

Gaming Acts (Amendment) Act 1998

s. 7 Act No. 29/1998

(6) If a declaration ceases to have effect or is revoked, any liability or obligation of the company incurred prior to the cessation of

effect or revocation continues to attach to the

company after the cessation or revocation.

5B. Approval of wholly owned and controlled

company

(1) The Authority must not approve a company that is wholly owned and controlled by the promoter unless satisfied that the company, and each associate of the company, is a

suitable person to be concerned in, or associated with, the management and operation of a business of promoting and

conducting Consultations.

(2) In particular, the Authority must consider

whether—

(a)	the company, and each associate of the company, is of good repute, having regard to character, honesty and integrity;
(b)	that is wholly owned and controlled by the promoter and has not commenced to

the company (other than a company of the company, is of sound and stable financial background;

(c) financial resources that are adequate to
ensure the financial viability of a
business of promoting and conducting
Consultations, and the services of
persons who have sufficient experience

the company has, or is able to obtain, business of promoting and conducting Consultations;

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 7

(d)	neither the company nor any associate of the company has any association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity as a result of which the company or the associate is likely to be significantly affected in an unsatisfactory manner;
(e)	each director, executive officer or secretary of the company and any other officer or person determined by the Authority to be associated or connected with the ownership or management of the operations or business of the company, is a suitable person to act in that capacity.

5C. Investigation

(1) On receiving a request to approve a company

that is wholly owned and controlled by the
promoter, the Authority must cause to be
carried out all such investigations and
inquiries as it considers necessary to enable

it to consider the application properly.

(2) The Authority—

(a)	may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the management of the operations or
business of the company to consent to having his or her photograph, finger prints and palm prints taken;
(b)	must refer such photograph, finger prints and palm prints and any

Gaming Acts (Amendment) Act 1998

s. 7	Act No. 29/1998
supporting documents to the Chief Commissioner of Police.

(3) The Chief Commissioner of Police and the Director must inquire into and report to the Authority on such matters concerning the

matter as the Authority requests.

(4) The Authority may refuse to consider an application for approval of a company as operator if any person from whom it requires

a photograph, finger prints or palm prints
under this section refuses to allow his or her
photograph, finger prints or palm prints to be

taken.

5D. Authority may require further information

etc.

(1) The Authority may, by notice in writing,

require a person who is a company for which the promoter is seeking approval or a person whose association with the company is, in
the opinion of the Authority, relevant to the
application to do any one or more of the

following—

(a) directions in the notice, any
information, verified by statutory

to provide, in accordance with investigation of the request for approval and is specified in the notice; and

(b) directions in the notice, any records
relevant to the request for approval that
are specified in the notice and to permit

to produce, in accordance with of extracts from them and the making of copies of them; and

Gaming Acts (Amendment) Act 1998

s. 7
s. 8

Act No. 29/1998

(c)	to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); and
(d)	authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information)

to furnish to the Authority any associates from other persons.

(2) If a requirement made under this section is

not complied with, the Authority may refuse
to consider the request for approval.

5E. Updating of application

(1) If a change occurs in the information

provided in or in connection with a request
for approval of a company as operator
(including in any documents lodged with the
application), before the request is granted or
refused, the promoter must forthwith give
the Authority written particulars of the
change verified by statutory declaration.

Penalty: 50 penalty units.

(2) When particulars of the change are given,

those particulars must then be considered to have formed part of the original request, for the purposes of the application of sub-section
(1) to any further change in the information

provided.".

8. Consequential amendments

(1) In section 6AAA(1A) of the Principal Act, for "promoter" substitute "operator".

Gaming Acts (Amendment) Act 1998

s. 9 Act No. 29/1998

(2) At the end of section 8E of the Principal Act

insert—
"(2) If a declaration under section 5A is in force,

sections 8A to 8D apply to both the promoter and the company declared under that section to be the operator.".

(3) In section 9 of the Principal Act, after sub-section

(2) insert—
"(3) If a declaration under section 5A is in force,

this section applies to both the promoter and
the company declared under that section to
be the operator.".

(4) In section 10A(8) of the Principal Act, after "promoter" (wherever occurring) insert "or operator".

(5) In sub-sections (1), (2) and (3) of section 10B of

the Principal Act, after "promoter" (wherever

occurring) insert "or operator".

(6) In section 10C(1) of the Principal Act, after
"promoter" insert "or operator".

(7) In section 11(1)(c) of the Principal Act, after "promoter" (where first occurring) insert "or operator".

9. Statute law revision

The Principal Act is amended as follows—

(a)	in section 6A(5)(b), for "soccer pools" substitute "soccer football pools";
(b)	in section 10B(5), in paragraph (b) of the definition of "promoter", omit "means".

_______________
Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 10

PART 3—GAMING MACHINE CONTROL ACT 1991

10. Principal Act

In this Part, the Gaming Machine Control Act	No. 53/1991. Reprint No. 4
1991 is called the Principal Act.	as at 8 May 1997. Further
amended by Nos 117/1993,
15/1997, 16/1997,
90/1997 and 93/1997.

11. Amendment of definitions

In section 3(1) of the Principal Act—

(a)

for paragraph (a) of the definition of "(a) in relation to a gaming operator's

licence under Part 3—

(i) the holder of the licence; and

(ii)  if a declaration under section 3A is in force, the company declared under that section to be the

operator in relation to that
licence; and";

(b)

after the definition of "casino operator" ' "company" means a company within the

meaning of section 9 of the
Corporations Law;'.

Gaming Acts (Amendment) Act 1998

s. 12 Act No. 29/1998

12. New sections 3A to 3E inserted

After section 3 of the Principal Act insert—

"3A. Minister may declare company to be

operator

(1) Subject to section 3B, the Minister, on the

recommendation of the Trustees, may
declare a company that is wholly owned and
controlled by the Trustees and is approved
by the Authority to be the operator in
relation to the gaming operator's licence held
by the Trustees.

(2) A declaration declaring a company to be an

operator ceases to have effect if the company ceases to be wholly owned and controlled by the Trustees.

(3) The Minister, on the recommendation of the

Trustees, may revoke the declaration of an operator under this section.

(4) The Minister must cause notice of a

declaration or revocation of a declaration
under this section to be published in the
Government Gazette.

(5) If a declaration is made under this section,

any liability or obligation of the Trustees
incurred prior to the declaration continues to
attach to the Trustees after the declaration.

(6) If a declaration ceases to have effect or is revoked, any liability or obligation of the company incurred prior to the cessation of

effect or revocation continues to attach to the
company after the cessation or revocation.

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 12

3B. Approval of wholly owned and controlled

company

(1) The Authority must not approve a company that is wholly owned and controlled by the Trustees unless satisfied that the company, and each associate of the company, is a

suitable person to be concerned in, or associated with, the management and operation of a gaming machine business.

(2) In particular, the Authority must consider

whether—

(a)	the company, and each associate of the company, is of good repute, having regard to character, honesty and integrity;
(b)	the company (other than a company that is wholly owned and controlled by the Trustees and has not commenced to carry on business), and each associate of the company, is of sound and stable financial background;
(c)	financial resources that are adequate to ensure the financial viability of a gaming machine business, and the services of persons who have sufficient experience in the management and

the company has, or is able to obtain, business;

(d) that is wholly owned and controlled by
the Trustees and has not commenced to
carry on business) has sufficient
business ability to establish and

the company (other than a company business;

Gaming Acts (Amendment) Act 1998

s. 12 Act No. 29/1998

(e)	neither the company nor any associate of the company has any association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity as a result of which the company or the associate is likely to be significantly affected in an unsatisfactory manner;
(f)	each director, executive officer or secretary of the company and any other officer or person determined by the Authority to be associated or connected with the ownership or management of the operations or business of the company, is a suitable person to act in that capacity.

3C. Investigation

(1) On receiving a request to approve a company

(2) The Authority—	that is wholly owned and controlled by the carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.
(a)	may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the management of the operations or
business of the company to consent to having his or her photograph, finger prints and palm prints taken;
(b)	must refer such photograph, finger prints and palm prints and any

Gaming Acts (Amendment) Act 1998

Act No. 29/1998	s. 12
supporting documents to the Chief Commissioner of Police.

(3) The Chief Commissioner of Police and the Director must inquire into and report to the Authority on such matters concerning the

matter as the Authority requests.

(4) The Authority may refuse to consider an application for approval of a company as operator if any person from whom it requires

a photograph, finger prints or palm prints
under this section refuses to allow his or her
photograph, finger prints or palm prints to be

taken.

3D. Authority may require further information

etc.

(1) The Authority may, by notice in writing,

require a person who is a company for which the Trustees are seeking approval or a person whose association with the company is, in
the opinion of the Authority, relevant to the
application to do any one or more of the

following—

(a) directions in the notice, any
information, verified by statutory

to provide, in accordance with investigation of the request for approval and is specified in the notice; and

(b) directions in the notice, any records
relevant to the request for approval that
are specified in the notice and to permit

to produce, in accordance with of extracts from them and the making of copies of them; and

Gaming Acts (Amendment) Act 1998

s. 12 Act No. 29/1998

(c)	to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); and
(d)	authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information)

to furnish to the Authority any associates from other persons.

(2) If a requirement made under this section is

not complied with, the Authority may refuse
to consider the request for approval.

3E. Updating of application

(1) If a change occurs in the information

provided in or in connection with a request
for approval of a company as operator
(including in any documents lodged with the
application), before the request is granted or
refused, the Trustees must forthwith give the
Authority written particulars of the change
verified by statutory declaration.

Penalty: 50 penalty units.

(2) When particulars of the change are given,

those particulars must then be considered to have formed part of the original request, for the purposes of the application of sub-section
(1) to any further change in the information
provided.".

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 13

13. Meaning of "associate"

In section 4(1) of the Principal Act—

(a)	after "listed" (where first occurring) insert "or a company in respect of which a declaration under section 3A is sought or in force";
(b)	for "or person listed" (wherever occurring) substitute ", person listed or company".

14. Authority conferred by gaming operator's licence

In section 14 of the Principal Act, after "licensee" insert "and, while a declaration under section 3A is in force, the company declared under that

section to be the operator".

15. Accounts etc.

The Principal Act is amended as follows—

(a)	in section 131(1), after "Part 3" insert ", a company declared under section 3A to be an operator in relation to such a licence";
(b)	in section 132(1), after "Part 3" insert ", a company declared under section 3A to be an operator in relation to such a licence";
(c)	in section 133(1), after "Part 3" insert ", a company declared under section 3A to be an operator in relation to such a licence";
(d)	in section 133(2), for "or, the holder of a gaming operator's licence under Part 3 or" substitute ", the holder of a gaming operator's licence under Part 3, a company declared under section 3A to be an operator in relation to such a licence or";
(e)	in section 134(1), after "Part 3" insert ", and a company declared under section 3A to be an operator in relation to such a licence,";

Gaming Acts (Amendment) Act 1998

s. 15 Act No. 29/1998

(f)	in section 134(3), after "Part 3" (wherever occurring) insert "or of a company declared under section 3A to be an operator in relation to such a licence";
(g)	in section 134(4), after "Part 3" insert ", and a company declared under section 3A to be an operator in relation to such a licence,";
(h)	in section 134(5), after "Part 3" insert ", and a company declared under section 3A to be an operator in relation to such a licence,";

(i)  in section 134(7), after "Part 3" insert ", or of a company declared under section 3A to be an operator in relation to such a licence,";

(j) in section 135A(4)—

(i) after "means" insert "the sum of"; and

(ii)  after "Trustees" (where first occurring) insert "and, if a company has been declared under section 3A to be an operator, of that company";

(k) in section 135C(1)(b)(i)—

(i) company has been declared under
section 3A to be an operator, that

after "accounts" insert "and, if a accounts"; and

(ii)  after "Trustees' " (where secondly occurring) insert "and company's";

(l) in section 135C(2)(b)(i)—

(i)  after "Trustees" insert "and, if a company has been declared under section 3A to be an operator, by the company"; and

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 16

(ii)  after "Trustees' " insert "and company's";

(m)

in section 136(3C), after "Part 3" insert 3A to be an operator in relation to such a licence,";

(n) in section 136(6)(a)—

(i)  after "Part 3" insert "or by a company declared under section 3A to be an operator in relation to such a licence,";

(ii) after "holder" insert "or operator";

(o)	in section 142, after "Act" insert ", a company declared under section 3A to be an operator in relation to a gaming operator's licence under Part 3";
(p)	in section 149B, after "nominee" insert "or an applicant for approval under section 3A";
(q)	in section 159(1)(a), after "Act" insert "and any company declared under section 3A to be an operator in relation to a gaming operator's licence".

16. Statute law revision

In section 163(1) of the Principal Act, for "30" substitute "28".

_______________
Gaming Acts (Amendment) Act 1998

s. 17 Act No. 29/1998

PART 4—CLUB KENO ACT 1993

17. Principal Act

No. 56/1993.	In this Part, the Club Keno Act 1993 is called the
Reprint No. 1
as at	Principal Act.
24 October 1996. Further amended by Nos 15/1997 and 93/1997.

18. Amendment of definitions

(1) In section 3 of the Principal Act, in the definition of "participants"—

(a) for paragraph (a) substitute— "(a) in relation to the will and estate of the

late George Adams—
(i) the trustees; and

(ii)  if a declaration under section 3A is in force, the company declared under that section to be a

participant for the purposes of this
Act; and";

(b) for "those trustees" substitute "the trustees (or that company)".

(2) In section 3 of the Principal Act insert the

following definitions—

' "associate" means, in relation to a person (the

first person)—

(a) a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of conducting and promoting

Gaming Acts (Amendment) Act 1998

Act No. 29/1998	s. 18
club keno games of the first person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of any such business; or

(b) a person who holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the business of the first

person under this Act; or

(c) a person who is a relative of the first person;

"Authority" means the Victorian Casino and Gaming Authority established under the Gaming and Betting Act 1994;

"company" means a company within the

meaning of section 9 of the Corporations

Law;

"relative", in relation to a person, means the

spouse, de facto spouse, parent, son,
daughter, or brother or sister (whether of the
full or half blood) of the person;

"relevant financial interest", in relation to a business, means—

(a)	any share in the capital of the business; or
(b)	any entitlement to receive any income derived from the business; or
(c)	any entitlement to receive any payment as a result of money advanced;

"relevant position", in relation to a business, means the position of director, manager, or

Gaming Acts (Amendment) Act 1998

s. 19 Act No. 29/1998

other executive position or secretary,
however that position is designated;

"relevant power" means any power, whether

exercisable by voting or otherwise and
whether exercisable alone or in association
with others—

(a)	to participate in any directorial, managerial, or executive decision; or
(b)	to elect or appoint any person to any relevant position;

"trustees" means the trustees of the will and

estate of the late George Adams;'.

19. New sections 3A to 3E inserted

After section 3 of the Principal Act insert—

"3A. Minister may declare company to be

participant

(1) Subject to section 3B, the Minister, on the

recommendation of the trustees, may declare
a company within the meaning of section 9
of the Corporations Law that is wholly
owned and controlled by the trustees and is
approved by the Authority to be a participant
for the purposes of this Act.

(2) A declaration declaring a company to be a

participant ceases to have effect if the
company ceases to be wholly owned and
controlled by the trustees.

(3) The Minister, on the recommendation of the

trustees, may at any time revoke the
declaration of a participant under this
section.

(4) The Minister must cause notice of a

declaration or revocation of a declaration

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 19

under this section to be published in the
Government Gazette.

(5) If a declaration is made under this section,

any liability or obligation of the trustees
incurred prior to the declaration continues to
attach to the trustees after the declaration.

(6) If a declaration ceases to have effect or is revoked, any liability or obligation of the company incurred prior to the cessation of

effect or revocation continues to attach to the

company after the cessation or revocation.

3B. Approval of wholly owned and controlled

company

(1) The Authority must not approve a company that is wholly owned and controlled by the trustees unless satisfied that the company, and each associate of the company, is a

suitable person to be concerned in, or associated with, the management and operation of a business of conducting and

promoting club keno games.

(2) In particular, the Authority must consider

whether—

(a)	the company, and each associate of the company, is of good repute, having regard to character, honesty and integrity;
(b)	the company (other than a company that is wholly owned and controlled by the trustees and has not commenced to carry on business), and each associate of the company, is of sound and stable financial background;
(c)	the company has, or is able to obtain, financial resources that are adequate to

Gaming Acts (Amendment) Act 1998

s. 19	Act No. 29/1998
ensure the financial viability of a business of conducting and promoting club keno games, and the services of persons who have sufficient experience in the management and operation of a business of conducting and promoting club keno games;

(d) that is wholly owned and controlled by
the trustees and has not commenced to
carry on business) has sufficient
business ability to establish and
maintain a successful business of

the company (other than a company games;

(e)	neither the company nor any associate of the company has any association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity as a result of which the company or the associate is likely to be significantly affected in an unsatisfactory manner;
(f)	each director, executive officer or secretary of the company and any other officer or person determined by the Authority to be associated or connected with the ownership or management of the operations or business of the company, is a suitable person to act in that capacity.

3C. Investigation

(1) On receiving a request to approve a company

that is wholly owned and controlled by the

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 19

trustees, the Authority must cause to be
carried out all such investigations and
inquiries as it considers necessary to enable

it to consider the application properly.

(2) The Authority—

(a)	may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the management of the operations or
business of the company to consent to having his or her photograph, finger prints and palm prints taken;
(b)	prints and palm prints and any

must refer such photograph, finger Commissioner of Police.

(3) The Chief Commissioner of Police and the Director must inquire into and report to the Authority on such matters concerning the

matter as the Authority requests.

(4) The Authority may refuse to consider an application for approval of a company as operator if any person from whom it requires

a photograph, finger prints or palm prints
under this section refuses to allow his or her
photograph, finger prints or palm prints to be

taken.

3D. Authority may require further information

etc.

(1) The Authority may, by notice in writing,

require a person who is a company for which the trustees are seeking approval or a person whose association with the company is, in
the opinion of the Authority, relevant to the

Gaming Acts (Amendment) Act 1998

s. 19 Act No. 29/1998

application to do any one or more of the

following—

(a) directions in the notice, any
information, verified by statutory

to provide, in accordance with investigation of the request for approval and is specified in the notice; and

(b) directions in the notice, any records
relevant to the request for approval that
are specified in the notice and to permit

to produce, in accordance with of extracts from them and the making of copies of them; and

(c)	to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); and
(d)	authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information)

to furnish to the Authority any associates from other persons.

(2) If a requirement made under this section is

not complied with, the Authority may refuse
to consider the request for approval.

3E. Updating of application

(1) If a change occurs in the information

provided in or in connection with a request
for approval of a company as operator
(including in any documents lodged with the

Gaming Acts (Amendment) Act 1998

Act No. 29/1998 s. 19

application), before the request is granted or refused, the trustees must forthwith give the Authority written particulars of the change

verified by statutory declaration.

Penalty: 50 penalty units.

(2) When particulars of the change are given,

those particulars must then be considered to have formed part of the original request, for the purposes of the application of sub-section
(1) to any further change in the information

provided.".

═══════════════
Gaming Acts (Amendment) Act 1998

Notes Act No. 29/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 9 April 1998

Legislative Council: 30 April 1998

The long title for the Bill for this Act was "to amend the Tattersall
Consultations Act 1958, the Gaming Machine Control Act 1991 and
the Club Keno Act 1993 and for other purposes."