Untitled document

Gaming Acts (Miscellaneous Amendment) Act 1997

Act No. 90/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—GAMING MACHINE CONTROL ACT 1991 3

3.	Principal Act	3
4.	Definitions	3
5.	Manufacture, sale, supply etc. of gaming machines for use
outside Victoria	3
6.	Possession of gaming machines not in working order	4
7.	New Part 2A inserted	4
PART 2A—APPROVAL OF PREMISES FOR GAMING	4

12A.	Premises which may be approved	4
12B.	Application for approval of premises	5
12C.	Responsible authority may submit report	5
12D.	Matters to be considered in determining applications	5
12E.	Investigation of application	6
12F.	Authority may require further information	6
12G.	Updating of application	7
12H.	Determination of application	7
12I.	Duration of approval	8
12J.	Renewal of approval	8
12K.	Revocation of approval	9
12L.	Automatic revocation of approval	10

8.	Venue operator's licence	10
9.	Application for venue operator's licence	10
10.	Objections	11
11.	Matters to be considered in determining application	11
12.	Determination of application	11
13.	New section 25AA inserted	12
25AA. Register of venue operators and approved venues	12
14.	Nominee of venue operator	12
15.	Transfer of licence	12

i

Section Page

16.	Amendment of licence conditions	13
17.	Notification of liquor licence matters	15
18.	Disciplinary action	15
19.	Provisional licence	15
20.	Special employee's licence	15
21.	Information relating to special employees	15
22.	Roll of Recognised Manufacturers and Suppliers	15
23.	New section 66A inserted	16

66A. Voluntary removal from Roll 16

24.	Contracts no longer to be approved	16
25.	Approval of gaming machine types	17
26.	New section 135D inserted	17

135D. Trustees to pay supervision charge 17

27.	Returns by gaming operators	17
28.	Secrecy	18
29.	On-going monitoring	18
30.	Investigation costs	18
31.	Evidentiary	18
32.	Appeal	18
33.	Amendment of section 12A	19
34.	Amendment of transitional provisions	19
35.	Statute law revision	22

PART 3—GAMING AND BETTING ACT 1994 23

36.	Exemption of certain fixed odds betting	23
37.	Shareholdings in licensee	23
38.	Statute law revision	23

PART 4—GAMING NO. 2 ACT 1997 25

39.	Investment-related lotteries	25
40.	Statute law revision	25

═══════════════

NOTES 26

ii

Victoria

No. 90 of 1997

Gaming Acts (Miscellaneous

Amendment) Act 1997†

[Assented to 9 December 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to amend the Gaming Machine Control Act 1991 to improve regulation of the electronic gaming machine industry;

Gaming Acts (Miscellaneous Amendment) Act 1997

Act No. 90/1997 s. 2

(b)	to correct a reference in the Gaming and Betting Act 1994 to shareholders' voting rights;
(c)	to repeal unproclaimed legislation in respect of investment-related lotteries;
(d)	to enable the Treasurer to exempt certain amounts from taxation under section 77(1) of the Gaming and Betting Act 1994;
(e)	to make various amendments of a statute law revision nature.

2. Commencement

(1) This Part and Part 4 and sections 28, 35, 36, 38

and 40 come into operation on the day on which
this Act receives the Royal Assent.

(2) Section 33 comes into operation on the day on

which section 8 of the Gaming Machine Control
(General Amendment) Act 1993 comes into
operation.

(3) Section 37 is deemed to have come into operation on 6 May 1997.

(4) Subject to sub-section (5), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(5) If a provision referred to in sub-section (4) does

not come into operation before 1 November 1998,
it comes into operation on that day.

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Gaming Acts (Miscellaneous Amendment) Act 1997

s. 3 Act No. 90/1997

PART 2—GAMING MACHINE CONTROL ACT 1991

3. Principal Act

Act No.

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

4. Definitions

In section 3(1) of the Principal Act—

(a)

for the definition of "approved venue" ' "approved venue" means premises—

(a)	to which the licence of a venue operator applies; and
(b)	which are approved under Part 2A as suitable for gaming and the approval is in force;';

(b)

after the definition of "operator under the ' "Register" means the Register of Venue

Operators and Approved Venues established and maintained under section 25AA;'.

5.  Manufacture, sale, supply etc. of gaming machines for use outside Victoria

(1) In section 7(2)(b) of the Principal Act, for

"Minister" substitute "Authority or the Director".

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(2) In section 7(3) of the Principal Act—

(a)	for "Minister" (where first occurring) substitute "Authority or the Director";
(b)	for "Minister" (where secondly occurring) substitute "Authority or the Director (as the case may be)".

6. Possession of gaming machines not in working order

In section 8(2) of the Principal Act, omit all words and expressions commencing "for the purpose only" and ending at the end of the sub-

section.

7. New Part 2A inserted

After Part 2 of the Principal Act insert—

"PART 2A—APPROVAL OF PREMISES FOR

GAMING

12A. Premises which may be approved

(1) This Part applies to premises in respect of which there is in force—

(a)	a residential licence under section 46 of the Liquor Control Act 1987;
(b)	a general (class 1) licence or a general (class 2) licence under section 47 of the Liquor Control Act 1987; or
(c)	a club licence (whether full or restricted) under section 48 of the Liquor Control Act 1987; or
(d)	a licence under Part I of the Racing Act 1958.

(2) This Part applies to tabaret premises as if they were premises in respect of which a club licence under section 48 of the Liquor

Control Act 1987 were in force.

Gaming Acts (Miscellaneous Amendment) Act 1997

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12B. Application for approval of premises

(1) The owner of premises or a person

authorised by the owner may apply to the Authority for the approval of premises as suitable for gaming.

(2) An application for approval must be made in

a form in or to the effect of the form
approved by the Authority and must be
accompanied by the prescribed fee.

(3) The application must contain or be

accompanied by—

(a)	evidence of the applicant's interest in the premises or any other relevant authorisation; and
(b)	any additional information that the Authority may request.

(4) Within 14 days of an application, an

applicant must send a copy of the application
to the relevant responsible authority within
the meaning of the Planning and
Environment Act 1987.

(5) If a requirement made by this section is not complied with, the Authority may refuse to consider the application.

12C. Responsible authority may submit report

(1) The relevant responsible authority may

submit to the Authority a report on an
application for approval of premises within
14 days of the date of receipt of the copy of
the application.

(2) The Authority must consider a report so

made.

12D. Matters to be considered in determining

applications

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Act No. 90/1997 s. 7

(1) The Authority must not grant an application

for approval of premises as suitable for
gaming unless satisfied that—

(a)	the applicant has authority to make the application in respect of the premises; and
(b)	the premises are or, on the completion of building works will be, suitable for the management and operation of

gaming machines.

(2) In particular, the Authority must consider

whether—

(a)	the size, layout and facilities of the premises are or will be suitable; and
(b)	the proposed security arrangements are or will be adequate.

12E. Investigation of application

On receiving an application for approval of premises as suitable for gaming, the Authority must cause to be carried out all investigations and inquiries that it considers necessary to enable it to consider the application properly.

12F. Authority may require further information

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

require an applicant for approval of premises under this Part or a person whose association with the applicant is, in the opinion of the

Authority, relevant to the investigation of the application to do any one or more of the following—

(a)

to provide, in accordance with information that is relevant to the

Gaming Acts (Miscellaneous Amendment) Act 1997

s. 7	Act No. 90/1997
investigation of the application and is specified in the notice;

(b)	to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;
(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).

(2) If a requirement made under this section is

not complied with, the Authority may refuse
to consider the application.

12G. Updating of application

(1) If a change occurs in the information provided in or in connection with an application for approval of premises under

this Part (including in any documents lodged
with the application) before the application
is determined, the applicant must forthwith
give the Authority written particulars of the
change.

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 application, for the purposes of the application of sub-
section (1) to any further change in the

information provided.

12H. Determination of application

(1) The Authority must determine an application by either granting or refusing to grant

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s. 7

Act No. 90/1997

approval of the premises and must notify the
applicant in writing of its decision.

(2) An approval may be granted subject to any conditions that the Authority thinks fit and must specify the number of gaming

machines permitted and the gaming machine

areas approved for the premises.

(3) Without limiting the matters to which

conditions may relate, the conditions of an
approval may relate to any matter for which
provision is made by this Act but must not
be inconsistent with a provision of this Act.

(4) The Authority is not required to give reasons

for its decision on an application but may
give reasons if it thinks fit.

12I. Duration of approval

An approval of premises as suitable for gaming remains in force until whichever of the following happens first—

(a)	the approval is cancelled, revoked or surrendered; or
(b)	the expiration of 5 years, or any other term specified in the approval, after the day on which the approval was granted.

12J. Renewal of approval

(1) The holder of an approval of premises under

this Part may, not earlier than 9 months
before the expiration of the current approval,
apply to the Authority for a new approval, in
which case—

(a) unless sooner cancelled, revoked or

the current approval continues in force, issued or its issue is refused; and

Gaming Acts (Miscellaneous Amendment) Act 1997

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(b) if issued, the new approval must be taken to have been granted on the day on which the current approval was due to expire and must be dated accordingly.

(2) An application for a new approval must be made in or to the effect of a form approved by the Authority and must be accompanied by the prescribed fee.

(3) This Act (except sections 12B(4), 12C,

12D(1)(b) and 12D(2)) applies to and in
relation to—

(a)	an application under this section for a new approval; and
(b)	the determination of such an application; and
(c)	any approval issued as a result of such an application—

as if the application had been made by a

person other than the holder of an approval.

12K. Revocation of approval

(1) The Authority may serve on a person who is the holder of an approval of premises under this Part a notice in writing affording the

person an opportunity to show cause within
28 days why the approval should not be
revoked on the grounds that the premises are,
for reasons specified in the notice, no longer
suitable for the conduct of gaming.

(2) The holder of the approval may, within the period allowed by the notice, arrange with the Authority for the making of submissions

to the Authority as to why the approval
should not be revoked and the Authority
must consider any submissions so made.

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Act No. 90/1997 s. 8

(3) The Authority may then revoke the approval

if the Authority sees fit and does so by
giving written notice of the revocation to the
holder of the approval.

(4) Revocation of approval under this section

takes effect when the notice is given or on a
later date specified in the notice.

12L. Automatic revocation of approval

If a licence under the Liquor Control Act
1987 in respect of premises approved under

this Part—

(a) is cancelled, removed, surrendered or released, the approval of the premises under this Part is immediately revoked;

or

(b) is suspended for a period of time, the approval of the premises under this Part is immediately suspended for the same period.".

8. Venue operator's licence

In section 13 of the Principal Act, after paragraph
(b) insert—

"(ba) to manage and operate an approved venue;

and".

9. Application for venue operator's licence

(1) In section 19 of the Principal Act, for sub-section

(1) substitute—
"(1) A person may apply to the Authority to be

granted a venue operator's licence.".

(2) In section 19 of the Principal Act— (a) sub-section (1AA) is repealed; (b) in sub-section (3), omit paragraph (a);

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s. 10 Act No. 90/1997

(c) sub-section (4) is repealed;

(d) in sub-section (5), omit "in a newspaper circulating in the area and".

10. Objections

(1) In section 20 of the Principal Act, for sub-section

(2) substitute—
"(2) The Director may object to the grant of a

venue operator's licence on any ground referred to in sub-section (1) by giving notice in writing, stating the grounds for the
objection, to the Authority at any time before

the determination of the application.".

(2) In section 20(3) of the Principal Act, omit "and

report".

11. Matters to be considered in determining application

(1) In section 21(1) of the Principal Act, omit

paragraph (c).

(2) In section 21(2) of the Principal Act, omit

paragraphs (b), (f) and (g).

12. Determination of application

In section 25(2) of the Principal Act, for "specify
the number of gaming machines permitted and the
gaming machine areas approved for the venue"
substitute—

"specify—

(a)	the premises, if any, approved under Part 2A that the licensee is authorised to manage and operate under the licence; and
(b)	the number of gaming machines permitted in each of the premises; and
(c)	the gaming machine areas approved for each of the premises.".

Gaming Acts (Miscellaneous Amendment) Act 1997

s. 13
s. 15

Act No. 90/1997

13. New section 25AA inserted

After section 25 of the Principal Act insert—

"25AA. Register of venue operators and approved

venues

(1) The Authority must establish and cause to be

maintained a Register of Venue Operators
and Approved Venues.

(2) The Register must contain the following

information in relation to every venue
operator—

(a)	the name and address of the venue operator;
(b)	the name and address of every associate of the venue operator;

(c) the address of each approved venue;

(d)	the number of gaming machines permitted in each approved venue;
(e)	the name and address of the nominee, if any, at each approved venue.".

14. Nominee of venue operator

(1) In section 25A(1) and (3) of the Principal Act—

(a)	after "nominate" insert ", in respect of each approved venue,";
(b)	after "licensee" (where secondly occurring) insert "in respect of that approved venue".

(2) In section 25A(2) and (4) of the Principal Act, for

"premises for which the licence was granted"
substitute "approved venue".

(3) In section 25A(6) of the Principal Act, omit

paragraph (b).
15. Transfer of licence

Gaming Acts (Miscellaneous Amendment) Act 1997

s. 16 Act No. 90/1997

In section 26 of the Principal Act, after "or" insert

", subject to section 27,".

16. Amendment of licence conditions

(1) In section 27(1) of the Principal Act, for

"including the number of gaming machines
permitted in the venue," substitute—

"including—

(a)	the addition or removal of an approved venue; and
(b)	variation of the number of gaming machines permitted in an approved venue; and
(c)	variation of the gaming machine areas approved for an approved venue—".

(2) In section 27(2) of the Principal Act—

(a)	in paragraph (a) after "writing" insert ", in accordance with sub-section (2A),";
(b)	in paragraph (b) omit "and the gaming operator who places gaming machines in that approved venue".

(3) In section 27 of the Principal Act, for sub-section (2A) substitute—

"(2A) An amendment proposed by a venue

operator—

(a)	must be made in or to the effect of the form approved by the Authority; and
(b)	must be accompanied by the prescribed fee and any information that the Authority may request.".

(4) In section 27(3) of the Principal Act, omit "and the gaming operator".

(5) In section 27(3A) of the Principal Act—

(a) omit "and the gaming operator";

Gaming Acts (Miscellaneous Amendment) Act 1997

Act No. 90/1997

(b) for "their" substitute "the";

(c) for "each of them" substitute "the venue operator".

(6) In section 27 of the Principal Act, after sub-

section (3A) insert—

"(3B) Without limiting the matters which the

Authority may consider in deciding whether to make a proposed amendment, the Authority must not amend a venue operator's licence unless—

(a)	the Authority is satisfied that the amendment of the licence does not conflict with a direction, if any, given under section 12; and
(b)	if premises are proposed to be added to the licence as an approved venue and the premises are situated within 100 metres of an approved venue of which the applicant for the amendment, or an associate of the applicant, is the venue operator, the Authority is satisfied that the management and operation of the approved venue and the proposed approved venue are genuinely independent of each other.

(3C) Sections 23 and 24 apply to an application under sub-section (2)(a) as if—

(a)	a reference to an applicant for a venue operator's licence were a reference to an applicant for amendment of the licence; and
(b)	a reference to application were construed accordingly.".

(7) In section 27(4) of the Principal Act, omit "and gaming operator".

Gaming Acts (Miscellaneous Amendment) Act 1997

s. 17

s. 21 Act No. 90/1997

17. Notification of liquor licence matters

In section 28(2) of the Principal Act—

(a) in paragraph (a), for "cancelled; or" substitute "amended to remove the premises that were the approved venue.";

(b) omit paragraph (b).

18. Disciplinary action

In section 30(1) of the Principal Act, in the definition of "grounds for disciplinary action", omit paragraph (d).

19. Provisional licence

In section 31 of the Principal Act—

(a)	in sub-section (1) omit "in respect of premises which are an approved venue at the time of the grant of the provisional licence";
(b)	in sub-section (3) omit "in respect of that approved venue".

20. Special employee's licence

In section 41(1) of the Principal Act—

(a) omit "and" at the end of paragraph (b);

(b) omit paragraph (c).

21. Information relating to special employees

In section 55 of the Principal Act, sub-section (1) is repealed.

22. Roll of Recognised Manufacturers and Suppliers

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

substitute "Authority".

(2) In section 63 of the Principal Act—

(a) for "Director" (wherever occurring)
substitute "Authority";

Gaming Acts (Miscellaneous Amendment) Act 1997

Act No. 90/1997 s. 23

(b)	in sub-section (3A), for "he or she" substitute "it".
(c)	in sub-section (6), after "Police" insert "and the Director".

(3) In section 64 of the Principal Act, for "Director" (wherever occurring) substitute "Authority".

(4) In section 65 of the Principal Act—

(a) in sub-sections (1) and (2), for "Director" (wherever occurring) substitute "Authority";

(b) sub-sections (3), (3A) and (3B) are repealed.

(5) In section 65A of the Principal Act—

(a)	for "Director" (wherever occurring) substitute "Authority";
(b)	in sub-section (6), for "his or her" substitute "its".

(6) In section 66(1) of the Principal Act—

(a) omit "order the Director to";

(b) in paragraph (e), for "Director" substitute "Authority".

23. New section 66A inserted

After section 66 of the Principal Act insert—

"66A. Voluntary removal from Roll

A person listed on the Roll may, by notice in writing signed by the person, request the Authority to remove the name of the person from the Roll and the Authority must remove the name as requested.".

24. Contracts no longer to be approved

Gaming Acts (Miscellaneous Amendment) Act 1997

s. 27 Act No. 90/1997

(1) Section 68 of the Principal Act is repealed.

(2) In section 32(2) of the Principal Act, omit "68,".

25. Approval of gaming machine types

(1) In section 69(3) of the Principal Act, after

"suitable" insert ", in respect of player return,

game fairness and security,".

(2) In section 69(6B) of the Principal Act, after

"suitable" insert ", in respect of player return,

game fairness and security,".

26. New section 135D inserted

After section 135C of the Principal Act insert—

"135D. Trustees to pay supervision charge

(1) The Trustees must pay to the Treasurer for

payment into the Consolidated Fund a
supervision charge in such instalments in
respect of such periods in each financial year
as the Treasurer determines from time to
time.

(2) The supervision charge is such amount in respect of each financial year as the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Authority in carrying out its functions and powers under this Act.

(3) The supervision charge is a tax.".

27. Returns by gaming operators

(1) In section 136(3) of the Principal Act, for "19" (wherever occurring) substitute "12A".

(2) In section 136A of the Principal Act, for "19"

(wherever occurring) substitute "12A".

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Act No. 90/1997 s. 31

28. Secrecy

In section 139(4A) of the Principal Act—

(a) after "restrict" insert "—(a)";

(b) after "Victoria" insert—

"; or

(b) the giving of—

(i)  the names of all venue operators and persons listed on the Roll; and

(ii) venues and the number of gaming

the addresses of all approved venue—".

29. On-going monitoring

In section 142A(4)(b) of the Principal Act, after "(b)" insert "other than an associate of a venue operator,".

30. Investigation costs

In section 149B(1) of the Principal Act, after

"licence" insert ", or amendment of any licence,".

31. Evidentiary

(1) In section 150(1)(d) of the Principal Act, after "licence" insert "or approval".

(2) In section 150(2) of the Principal Act, after

paragraph (b) insert—

"(ba) a document purporting to be a copy of an

approval under this Act is evidence of an
approval of which it purports to be a copy;

and".

32. Appeal

Gaming Acts (Miscellaneous Amendment) Act 1997

s. 34 Act No. 90/1997

In section 156(1) of the Principal Act, before
paragraph (a) insert—

"(aa) to revoke, or to refuse to revoke, an approval

of premises under Part 2A; or".

33. Amendment of section 12A

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

"(3) If—

(a)	a person has been authorised by the Federal Airports Corporation to sell or supply liquor from premises at a Federal airport within the meaning of the Federal Airports Corporation Act 1986 of the Commonwealth; and
(b)	the authorised person is eligible to be the holder of a club licence referred to in sub-section (1)(c)—

the authorised person is deemed, for the
purposes of this Act, to be the holder of a
club licence referred to in sub-section (1)(c)

in respect of those premises.

(4) Despite sub-section (1), a person may not

apply under this Part for approval of prescribed premises or premises of a prescribed class.".

34. Amendment of transitional provisions

(1) In section 163 of the Principal Act, before sub-

section (2) insert—
"(1) Section 139 as amended by section 28 of the

Gaming Acts (Miscellaneous Amendment) Act 1997 applies to all information referred to in section 139(4A)(b) in respect of any period, whether before or after the commencement of section 30 of that Act.".

Gaming Acts (Miscellaneous Amendment) Act 1997

Act No. 90/1997 s. 34

(2) In section 163 of the Principal Act, after sub-

section (2) insert—
"(3) The Director must, as soon as practicable

after the commencement of section 22 of the Gaming Acts (Miscellaneous Amendment) Act 1997, provide to the Authority the Roll

maintained under section 62.

(4) If, immediately before the commencement of

section 22 of the Gaming Acts
(Miscellaneous Amendment) Act 1997—

(a)	an application to be listed on the Roll has been made to the Director but not determined under section 65; or
(b)	an appeal to the Authority from a decision of the Director under section 65 has been commenced but not determined; or
(c)	a condition, or an amendment of a condition, on a person's listing on the Roll has been proposed but no decision under section 65A has been made by the Director—

this Act, and regulations made under this commencement of section 22 of that Act continue to apply as if section 22 of that Act had not been enacted.".

(3) In section 163 of the Principal Act, at the end of

the section insert—
"(5) If, immediately before the commencement of

section 7 of the Gaming Acts
(Miscellaneous Amendment) Act 1997,
premises were an approved venue, then on
that commencement—

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Act No. 90/1997

(a)	they are deemed to be approved under Part 2A of this Act as suitable for gaming; and
(b)	venue immediately before that

the venue operator at the approved holder of the approval under Part 2A; and

(c)

the approval is deemed to have been granted on the day on which the venue operator's licence was granted; and

(d)

the premises are deemed to be specified in the venue operator's licence as premises that the venue operator is authorised to manage and operate under the licence; and

(e)

the number of gaming machines permitted in the approved venue immediately before that

commencement is deemed to be
specified in the venue operator's licence
as the number permitted in those
premises; and

(f)

the gaming machine areas approved for the approved venue immediately before that commencement are deemed to be

specified in the venue operator's licence
as the gaming machine areas approved
for those premises.

(6) If, immediately before the commencement of

(Miscellaneous Amendment) Act 1997, an
application for the grant of a venue
operator's licence has been made to the

section 9 of the Gaming Acts regulations made under this Act, as in force

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s. 34
s. 35

Act No. 90/1997

immediately before the commencement of section 9 of that Act continue to apply as if section 9 of that Act had not been enacted.

(7) If, immediately before the commencement of

section 16 of the Gaming Acts
(Miscellaneous Amendment) Act 1997, an
amendment of a condition on a venue
operator's licence has been proposed but no
decision under section 27 has been made by
the Authority, this Act, and regulations made
under this Act, as in force immediately
before the commencement of section 16 of
that Act continue to apply as if section 16 of
that Act had not been enacted.

(8) If, immediately before the commencement of

section 18 of the Gaming Acts
(Miscellaneous Amendment) Act 1997, a
proceeding under section 30 has been
commenced but not determined, this Act,
and regulations made under this Act, as in
force immediately before the commencement
of section 18 of that Act continue to apply as
if section 18 of that Act had not been
enacted.".

35. Statute law revision

In section 12(3) of the Principal Act, for "to the published" substitute "to be published".

_______________
Gaming Acts (Miscellaneous Amendment) Act 1997

s. 36 Act No. 90/1997

PART 3—GAMING AND BETTING ACT 1994

36. Exemption of certain fixed odds betting

Act No.

37/1994.	In section 3 of the Gaming and Betting Act
Reprint No. 1	1994, after sub-section (4) insert—
as at 28 July
1997. Further	"(5) The Treasurer, by notice given to the
amended by
Act No.	licensee, may, subject to such conditions (if
16/1997.	any) as the Treasurer determines and specifies in the notice, declare that specified amounts, or amounts of a specified class, are deemed, for the purposes of section 77(1), not to form part of the net investment in approved betting competitions at fixed odds conducted by the licensee or an operator.".

37. Shareholdings in licensee

In section 57(2) of the Gaming and Betting Act

1994—

(a) omit paragraphs (a), (c) and (d);

(b) in paragraph (b) omit "(ii)".

38. Statute law revision

The Gaming and Betting Act 1994 is amended as follows—

(a) in section 34—

(i) for "(5)" substitute "(4)";

(ii) for "(6)" (wherever occurring)
substitute "(5)";

(iii) for "(7)" substitute "(6)"; (iv) for "(8)" substitute "(7)"; (v) for "(9)" substitute "(8)";

(b) in section 34(6)(b), for "reasonable" substitute "reasonably";

Gaming Acts (Miscellaneous Amendment) Act 1997

Act No. 90/1997 s. 38

(c) in section 39—

(i) for "(4)" substitute "(3)"; (ii) for "(5)" substitute "(4)";

(d) in section 146 omit "(1)";
(e) sections 174 to 194 are repealed;
(f) sections 208 to 221 are repealed;
(g) Part 17 is repealed;

(h) Part 18 is repealed.

_______________
Gaming Acts (Miscellaneous Amendment) Act 1997

s. 39 Act No. 90/1997

PART 4—GAMING NO. 2 ACT 1997

39. Investment-related lotteries

Act No.

16/1997. (1) Part 6 and section 121 of the Gaming No. 2

Act 1997 are repealed.

(2) The Banking (Premium Accounts) Act 1992 is

repealed.

40. Statute law revision

The Gaming No. 2 Act 1997 is amended as follows—

(a)	in section 90(4), omit "or" (where secondly occurring);
(b)	in section 109, in proposed section 56(2) of the Lotteries Gaming and Betting Act 1966, after "to prove that the" insert "defendant".

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Gaming Acts (Miscellaneous Amendment) Act 1997

Act No. 90/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 9 October 1997

Legislative Council: 19 November 1997

The long title for the Bill for this Act was "to amend the Gaming
Machine Control Act 1991, the Gaming and Betting Act 1994 and the
Gaming No. 2 Act 1997, to repeal the Banking (Premium Accounts)
Act 1992 and for other purposes."