Victorian Responsible Gambling Foundation Act 2011 (Vic)
Version No. 005
Victorian Responsible Gambling Foundation Act 2011
No. 62 of 2011
Version incorporating amendments as at
2 March 2016
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
Part 2—Victorian Responsible Gambling Foundation
Division 1—The Foundation
4Victorian Responsible Gambling Foundation
5Objectives of the Foundation
6Functions of the Foundation
7Powers of the Foundation
7AFees and charges for education and information programs
Division 2—The Board
8Board of the Foundation
9Membership of the Board
10Appointed members
11Terms and conditions of office
12Removal and resignation of Board members
13Membership of the Board not office of profit
14Chairperson and deputy chairperson
15Procedure of Board
16Effect of vacancy or defect
Division 3—Chief executive officer
17Chief executive officer
18Terms of appointment of the chief executive officer
Division 4—Responsible Gambling Fund
19Responsible Gambling Fund
20Payments into the Responsible Gambling Fund
Division 5—General
21Staff of Foundation
22Delegation
23Minister may give directions to Foundation
24Annual business plan
Part 3—Transitional provisions
25Gambling Legislation Amendment Act 2015
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 005
Victorian Responsible Gambling Foundation Act 2011
No. 62 of 2011
Version incorporating amendments as at
2 March 2016
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to establish the Victorian Responsible Gambling Foundation; and
(b)to make consequential amendments to the Gambling Regulation Act 2003.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act has not come into operation before 1 December 2012, it comes into operation on that day.
3Definitions
In this Act—
appointed member, of the Board, means a member of the Board appointed under section 10;
Board means the Board of the Foundation established under section 8;
elected member, of the Board, means a member of the Board elected under section 9(2);
Foundation means the Victorian Responsible Gambling Foundation established under section 4;
Responsible Gambling Fund means the Responsible Gambling Fund established under section 19.
Part 2—Victorian Responsible Gambling Foundation
Division 1—The Foundation
4Victorian Responsible Gambling Foundation
(1)There is established a body corporate called the Victorian Responsible Gambling Foundation.
(2)The Foundation—
(a)has perpetual succession;
(b)is capable of acquiring, holding and disposing of property;
(c)may sue and be sued in its corporate name;
(d)has a common seal;
(e)may be a member of a company;
(f)subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer.
(3)The common seal of the Foundation must be kept as directed by the Foundation and must not be used except as authorised by the Foundation.
(4)All courts must take judicial notice of the seal of the Foundation on a document and, until the contrary is proved, must presume that the seal was properly affixed.
5Objectives of the Foundation
The objectives of the Foundation are—
(a)to reduce the prevalence of problem gambling and the severity of harm related to gambling; and
(b)to foster responsible gambling.
6Functions of the Foundation
(1)The Foundation has the following functions for the purposes of achieving its objectives—
(a)to undertake preventative and other activities to address determinants of problem gambling;
(b)to conduct and facilitate education and information programs—
(i)to promote responsible gambling behaviours; and
(ii)to increase community awareness of the risks associated with gambling; and
(iii)to encourage people to seek help in relation to problem gambling;
(c)to provide treatment, counselling services and intervention services in relation to problem gambling;
(d)to provide information and advice in relation to—
(i)issue or grant of licences, permits, approvals, authorisations, registration or allocations under gambling legislation; and
(ii)regulation of gambling under gambling legislation;
(e)to provide information to enable persons to make submissions to and participate in inquiries and public consultations relating to gambling;
(f)to undertake research and evaluation activities related to its functions and objectives;
(g)to advise the Minister on any matter related to the Foundation's objectives at the Minister's request;
(h)to consult with the representatives of organisations, and other persons, whom the Foundation considers it desirable to consult in relation to the exercise of its other functions.
(2)In this section—
gambling legislation means—
(a)the Gambling Regulation Act 2003;
(b)the Casino Control Act 1991;
(c)the Casino (Management Agreement) Act 1993;
(d)regulations made under an Act referred to in paragraph (a), (b) or (c).
7Powers of the Foundation
(1)The Foundation has the power to do all things that are necessary or convenient to enable it to carry out its functions and achieve its objectives.
(2)Without limiting subsection (1), the Foundation may—
(a)enter into agreements or arrangements, including contracts for procurement or commissioning of services, for the purposes of carrying out its functions and achieving its objectives;
(b)make grants of money to any person to do things relating to its functions and to further its objectives.
7AFees and charges for education and information programs
(1)The Foundation, with the Minister's approval, may determine—
(a)that a fee or charge is to be imposed in respect of an act done in the exercise of the Foundation's function under section 6(1)(b); and
(b)the maximum amount of the fee or charge.
(2)The Minister must not approve a determination under subsection (1) unless the Minister is satisfied that it is—
(a)consistent with the achievement of the Foundation's objectives; and
(b)in the public interest.
(3)On approving a determination under subsection (1), the Minister must publish the determination in the Government Gazette.
(4)The Foundation may impose and collect a fee or charge in accordance with a determination under subsection (1).
Division 2—The Board
8Board of the Foundation
(1)There is established a Board of the Foundation.
(2)The Board is responsible for—
(a)determining the Foundation's strategic direction; and
(b)ensuring that the Foundation achieves its objectives and carries out its functions.
9Membership of the Board
(1)The Board consists of at least 7 but not more than 11 members being—
(a)3 elected members; and
(b)at least 4 but not more than 8 appointed members.
(2)The elected members are members of the Legislative Assembly or the Legislative Council, elected by the Legislative Assembly and the Legislative Council jointly.
(3)The appointed members are persons appointed by the Governor in Council under section 10.
10Appointed members
(1)The Governor in Council, on the recommendation of the Minister, may appoint a person as a member of the Board.
(2)The Minister may recommend a person for appointment under subsection (1) if the Minister considers that the person has the skills, experience and knowledge to assist the Board in carrying out its functions.
11Terms and conditions of office
(1)An elected member holds office until the earlier of the following—
(a)4 years after the member's election to the Board; or
(b)a House of Parliament is prorogued or the Legislative Assembly is dissolved.
(2)An appointed member holds office for the period, not exceeding 4 years, and on the terms and conditions (including remuneration and allowances) specified in his or her instrument of appointment.
(3)A member is eligible for re-election or re‑appointment at the end of the member's term of office.
(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of his or her election or appointment.
12Removal and resignation of Board members
(1)The Governor in Council may remove a member from office.
(2)A member may resign office by writing signed by him or her and delivered to the Governor in Council.
13Membership of the Board not office of profit
An elected member of the Board is not to be taken to hold an office or place of profit under the Crown which would—
(a)prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
(b)make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)subject the member of the Legislative Council or the Legislative Assembly to liability to a penalty under the ConstitutionAct 1975.
14Chairperson and deputy chairperson
(1)The Governor in Council, on the recommendation of the Minister, must appoint—
(a)one appointed member to be the chairperson of the Board; and
(b)one appointed member to be the deputy chairperson of the Board.
(2)A person appointed as chairperson or deputy chairperson of the Board holds that office for the period, not exceeding 4 years, specified in his or her instrument of appointment.
(3)A person appointed as chairperson or deputy chairperson is eligible for reappointment.
(4)A person appointed as chairperson or deputy chairperson of the Board ceases to hold that office on ceasing to be a member of the Board.
15Procedure of Board
(1)The chairperson of the Board must preside at a meeting of the Board at which the chairperson is present.
(2)If the chairperson of the Board is not present, the deputy chairperson must preside.
(3)The person presiding has a deliberative vote and a second or casting vote.
(4)A majority of the members of the Board currently holding office constitutes a quorum.
(5)Subject to this Act, the Board may regulate its own proceedings.
16Effect of vacancy or defect
An act or decision of the Board is not invalid merely because of—
(a)a vacancy in the membership of the Board; or
(b)a defect or irregularity in, or in connection with, the election or appointment of a member.
Division 3—Chief executive officer
17Chief executive officer
(1)There is to be a chief executive officer of the Foundation, appointed by the Board with the Minister's approval.
(2)The chief executive officer is responsible to the Board for the day-to-day management and administration of the affairs of the Foundation.
* * * * *
18Terms of appointment of the chief executive officer
(1)The chief executive officer is appointed subject to the terms and conditions (including remuneration and allowances) set out in the instrument of appointment.
(2)The Board, with the Minister's approval, may remove the chief executive officer from office.
(3)The chief executive officer may resign office by writing signed by him or her and delivered to the Board.
(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to the chief executive officer in respect of his or her appointment.
Division 4—Responsible Gambling Fund
19Responsible Gambling Fund
(1)There is established an account in the Public Account as part of the Trust Fund known as the Responsible Gambling Fund.
(2)The Responsible Gambling Fund is to be administered by the Foundation.
20Payments into the Responsible Gambling Fund
There is to be credited to the Responsible Gambling Fund all money required or authorised to be paid into the Fund by this Act, the Gambling Regulation Act 2003 or any other Act.
Division 5—General
21Staff of Foundation
Any staff that are necessary to assist the Foundation to perform its functions are to be employed under Part 3 of the Public Administration Act 2004.
22Delegation
(1)The Foundation, by instrument, may delegate to the chairperson, a member of the Board, the chief executive officer or a member of staff any of the Foundation's functions, powers or duties under this Act other than this power of delegation.
(2)The chief executive officer, by instrument, may delegate to a member of staff of the Foundation any of the chief executive officer's powers, functions or duties under section 17(2).
23Minister may give directions to Foundation
(1)The Minister may give to the Foundation written directions relating to the objectives and functions of the Foundation.
(2)The Foundation must comply with a written direction of the Minister.
(3)The Minister must cause a direction given under this section to be published in the Government Gazette as soon as practicable after it is given.
24Annual business plan
(1)Each year the Foundation must develop, in consultation with the Minister, a business plan for the next financial year.
(2)The business plan must include the following—
(a)the Foundation's budget for the next financial year;
(b)what the Foundation intends to do over the next financial year;
(c)the Foundation's objectives and priorities for the next 4 financial years;
(d)financial projections for the Foundation for the next 4 financial years;
(e)any other matters that the Minister requires in writing.
(3)The Board must approve a business plan developed under subsection (1) by 30 September in the financial year to which the plan relates.
(4)The Foundation must consult with the Minister before departing significantly from the business plan approved by the Board for the current financial year (the approved business plan).
(5)The Foundation must have regard to its approved business plan in carrying out its functions.
(6)The Foundation must ensure that a copy of its approved business plan is published on the Internet within a reasonable time after its approval by the Board.
Part 3—Transitional provisions
25Gambling Legislation Amendment Act 2015
Despite the amendment of sections 17 and 18 by the Gambling Legislation Amendment Act 2015, those sections as in force immediately before that amendment continue to apply to the person who holds office as the chief executive officer of the Foundation immediately before that amendment for the remainder of the term of that person's appointment.
═══════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 12 October 2011
Legislative Council: 27 October 2011
The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Responsible Gambling Foundation, to amend the Gambling Regulation Act 2003 and for other purposes."
The Victorian Responsible Gambling Foundation Act 2011 was assented to on 15 November 2011 and came into operation as follows:
Sections 1–5, 7–18 on 27 March 2012: Special Gazette (No. 101) 27 March 2012 page 1; sections 19, 20, 25, 26 on 22 May 2012; sections 6, 21–24 on 1 July 2012: Special Gazette (No. 164) 22 May 2012 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victorian Responsible Gambling Foundation Act 2011 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Victorian Responsible Gambling Foundation Act 2011, No. 62/2011
Assent Date: 15.11.11 Commencement Date S. 26 on 1.12.13: s. 26 Current State: This information relates only to the provision/s amending the Victorian Responsible Gambling Foundation Act 2011
Gambling Legislation Amendment Act 2015, No. 58/2015
Assent Date: 18.11.15 Commencement Date: Ss 14–18 on 2.3.16: Special Gazette (No. 34) 1.3.16 p. 1 Current State: This information relates only to the provision/s amending the Victorian Responsible Gambling Foundation Act 2011
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
No entries at date of publication.
0
0
0