Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024 (Vic)

Version No. 001

Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024

No. 25 of 2024

Version as at

1 July 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

Part 2—Repeal of Victorian Responsible Gambling Foundation Act 2011

Division 1—Repeal of Act

4Victorian Responsible Gambling Foundation Act 2011

Division 2—Abolition of Victorian Responsible Gambling Foundation

5Abolition of Victorian Responsible Gambling Foundation and transfer of property, rights and liabilities to the Crown

Division 3—Transitional matters

6Regulations dealing with transitional matters

Part 3—Amendment of Gambling Regulation Act 2003

Division 1—Gambling Harm Response Fund

7Definitions

8Dealing with jackpot funds on retirement of jackpot

9Dealing with unpaid jackpot funds where venue operator ceases to hold licence or to operate gaming machines

10Dealing with jackpots retired previously

11Payments from the Community Support Fund

12New Division 3 of Part 3 of Chapter 10 inserted

Division 2—Responsible Gambling Ministerial Advisory Council

13Part 2 of Chapter 10 repealed

Division 3—Transitional provisions

14New Part 42 of Schedule 7 inserted

Division 4—Repeal of this Part

15Repeal of this Part

Part 4—Amendment of Victorian Gambling and Casino Control Commission Act 2011

16Objectives of the Commission

17Functions of the Commission

17ANew section 44A inserted

18Repeal of this Part

Part 5—Amendment of Liquor Control Reform Act 1998

19Section 5 repealed

20New section 185 inserted

21Repeal of this Part

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024

No. 25 of 2024

Version as at

1 July 2024

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to repeal the Victorian Responsible Gambling Foundation Act 2011; and

(b)to abolish the Victorian Responsible Gambling Foundation and provide for the transfer of its property, rights and liabilities to the Crown; and

(c)to amend the Gambling Regulation Act 2003—

(i)to establish the Gambling Harm Response Fund; and

(ii)to abolish the Responsible Gambling Ministerial Advisory Council; and

(d)to amend the Victorian Gambling and Casino Control Commission Act 2011 to further provide for the functions of the Commission; and

(e)to amend the Liquor Control Reform Act 1998 to abolish the Liquor Control Advisory Council.

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 does not come into operation before 1 April 2025, it comes into operation on that day.

3Definitions

In this Act—

commencement day means the day on which Part 2 of this Act comes into operation;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights

means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

PART 2—REPEAL OF VICTORIAN RESPONSIBLE GAMBLING FOUNDATION ACT 2011

Division 1—Repeal of Act

4Victorian Responsible Gambling Foundation Act 2011

The Victorian Responsible Gambling Foundation Act 2011 is repealed.

Division 2—Abolition of Victorian Responsible Gambling Foundation

5Abolition of Victorian Responsible Gambling Foundation and transfer of property, rights and liabilities to the Crown

On the commencement day—

(a)the Victorian Responsible Gambling Foundation established by section 4 of the Victorian Responsible Gambling Foundation Act 2011 is abolished; and

(b)the Board of the Victorian Responsible Gambling Foundation established by section 8 of the Victorian Responsible Gambling Foundation Act 2011 is abolished and its members go out of office; and

(c)the chief executive officer of the Victorian Responsible Gambling Foundation appointed under section 17 of the Victorian Responsible Gambling Foundation Act 2011 goes out of office; and

(d)all property and rights that, immediately before that day, were vested in the Victorian Responsible Gambling Foundation are vested in the Crown; and

(e)all liabilities of the Victorian Responsible Gambling Foundation existing immediately before that day become liabilities of the Crown; and

(f)the Crown is substituted as a party to any proceeding pending in any court or tribunal to which the Victorian Responsible Gambling Foundation was a party immediately before that day; and

(g)the Crown is substituted as a party to any arrangement or contract entered into by or on behalf of the Victorian Responsible Gambling Foundation as a party and in force immediately before that day.

Division 3—Transitional matters

6Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the day on which this Act receives the Royal Assent; and

(b)be of limited or general application; and

(c)leave any matter or thing to be decided by a specified person or class of person; and

(d)provide for the exemption of persons or things or classes of persons or things from any of the regulations made under this section.

(3)Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This Division is repealed on the second anniversary of the day on which it comes into operation.

PART 3—AMENDMENT OF GAMBLING REGULATION ACT 2003

Division 1—Gambling Harm Response Fund

7Definitions

In section 3.1.2 of the Gambling Regulation Act 2003—

(a)the definition of Responsible Gambling Fund is repealed;

(b)insert the following definition—

"Gambling Harm Response Fund means the account established by section 10.3.7;".

8Dealing with jackpot funds on retirement of jackpot

In section 3.5.44(1)(b) of the Gambling Regulation Act 2003, for "Responsible Gambling Fund" substitute "Gambling Harm Response Fund".

9Dealing with unpaid jackpot funds where venue operator ceases to hold licence or to operate gaming machines

In section 3.5.46(2) of the Gambling Regulation Act 2003, for "Responsible Gambling Fund" substitute "Gambling Harm Response Fund".

10Dealing with jackpots retired previously

In section 3.5.47(1)(b) of the Gambling Regulation Act 2003, for "Responsible Gambling Fund" substitute "Gambling Harm Response Fund".

11Payments from the Community Support Fund

(1)In section 10.3.3(1)(a)(iii) of the Gambling Regulation Act 2003, for "Responsible Gambling Fund" substitute "Gambling Harm Response Fund".

(2)Section 10.3.3(2) of the Gambling Regulation Act 2003 is repealed.

12New Division 3 of Part 3 of Chapter 10 inserted

After Division 2 of Part 3 of Chapter 10 of the Gambling Regulation Act 2003 insert—

"Division 3—Gambling Harm Response Fund

10.3.7Gambling Harm Response Fund

There is established an account in the Public Account as part of the Trust Fund known as the Gambling Harm Response Fund.

10.3.8Payments into the Gambling Harm Response Fund

(1)There is to be credited to the Gambling Harm Response Fund all money required or authorised to be paid into the Fund by this or any other Act.

(2)In addition to the money referred to in subsection (1), there is also to be paid into the Fund—

(a)any fee or charge imposed under section 7A of the Victorian Responsible Gambling Foundation Act 2011 that was not received before the repeal of that Act; and

(b)interest derived from investment of money in the Fund.

10.3.9Payments from the Gambling Harm Response Fund

Money standing to the credit of the Gambling Harm Response Fund may be applied for or towards—

(a)any liability of the Responsible Gambling Fund established by section 19 of the Victorian Responsible Gambling Foundation Act 2011 that has not been met before the repeal of that Act; and

(b)at the determination of the Minister, the following—

(i)preventative and other activities to address determinants of gambling harm;

(ii)education and information programs—

(A)to reduce gambling harm; and

(B)to increase community awareness of the risks associated with gambling; and

(C)to encourage people to seek help in relation to gambling harm;

(iii)treatment, counselling services and intervention services in relation to gambling harm;

(iv)research and evaluation activities related to the matters described in subparagraphs (i) to (iii);

(v)information and advice in relation to the issue or grant of licences, permits, approvals, authorisations, registration or allocations under this Act or the regulations, the Casino Control Act 1991 or regulations made under that Act or the Casino (Management Agreement) Act 1993 or regulations made under that Act;

(vi)the regulation of gambling under this Act or the regulations, the Casino Control Act 1991 or regulations made under that Act or the Casino (Management Agreement) Act 1993 or regulations made under that Act.".

Division 2—Responsible Gambling Ministerial Advisory Council

13Part 2 of Chapter 10 repealed

Part 2 of Chapter 10 of the Gambling Regulation Act 2003 is repealed.

Division 3—Transitional provisions

14New Part 42 of Schedule 7 inserted

After Part 41 of Schedule 7 to the Gambling Regulation Act 2003 insert—

"Part 42—Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024

42.1Responsible Gambling Fund

On and after the commencement of Part 3 of the Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024, all money forming part of the Responsible Gambling Fund (established by section 19 of the Victorian Responsible Gambling Foundation Act 2011) immediately before that commencement forms part of the Gambling Harm Response Fund established by section 10.3.7 of this Act.

42.2Responsible Gambling Ministerial Advisory Council

On the commencement of Part 3 of the Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024, the Responsible Gambling Ministerial Advisory Council established under section 10.2.1 is abolished and its members go out of office.".

Division 4—Repeal of this Part

15Repeal of this Part

This Part is repealed on 1 April 2026.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

PART 4—AMENDMENT OF VICTORIAN GAMBLING AND CASINO CONTROL COMMISSION ACT 2011

16Objectives of the Commission

(1)For section 8A(a)(iii) of the Victorian Gambling and Casino Control Commission Act 2011 substitute—

"(iii)reducing gambling harm experienced by patrons of gambling businesses and casinos; and".

(2)In section 8A(b) of the Victorian Gambling and Casino Control Commission Act 2011 omit "and problem gambling".

17Functions of the Commission

(1)In section 9(1)(i) of the Victorian Gambling and Casino Control Commission Act 2011, for "harm." substitute "harm;".

(2)After section 9(1)(i) of the Victorian Gambling and Casino Control Commission Act 2011 insert—

"(j)to conduct and facilitate education and information programs—

(i)to promote behaviours that reduce gambling harm; and

(ii)to increase community awareness of the risks associated with gambling; and

(iii)to encourage people to seek help in relation to gambling harm;

(k)to advise the Minister, at the Minister's request, on any matter related to the Commission's functions under paragraph (j).".

17ANew section 44A inserted

Before section 45 of the Victorian Gambling and Casino Control Commission Act 2011 insert—

"44A Review of repeal of Victorian Responsible Gambling Foundation Act 2011

(1)The Minister must cause a review of the repeal of the Victorian Responsible Gambling Foundation Act 2011 to be commenced within one year after the second anniversary of the repeal of that Act.

(2)The review must consider and report on—

(a)the efficiency, effectiveness, appropriateness and co-ordination of functions related to gambling harm across the Commission, the Department of Justice and Community Safety and the Department of Health; and

(b)the methods used to identify gambling‑related matters to research, the independence of that research and the value of any gambling-related research that is conducted or commissioned by the Commission, the Department of Justice and Community Safety or the Department of Health; and

(c)whether the Auditor-General's recommendations to prevent and protect the community from gambling harm have been fully implemented; and

(d)the availability, delivery and quality of gambling harm treatment services and gambling harm public education programs.

(3)The Minister must cause a copy of the report of the review to be laid before each House of the Parliament not later than 2 years after the second anniversary of the repeal of the Victorian Responsible Gambling Foundation Act 2011.".

18Repeal of this Part

This Part is repealed on 1 April 2026.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

PART 5—AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998

19Section 5 repealed

Section 5 of the Liquor Control Reform Act 1998 is repealed.

20New section 185 inserted

After section 184 of the Liquor Control Reform Act 1998 insert—

"185   Transitional provision—Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024

(1)On the commencement day, the Liquor Control Advisory Council established by section 5 is abolished and its members go out of office.

(2)In this section, commencement day means the day on which Part 5 of the Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024 comes into operation.".

21Repeal of this Part

This Part is repealed on 1 April 2026.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 1 May 2024

Legislative Council: 30 May 2024

The long title for the Bill for this Act was "A Bill for an Act to repeal the Victorian Responsible Gambling Foundation Act 2011, to abolish the Victorian Responsible Gambling Foundation, to amend the Gambling Regulation Act 2003, the Victorian Gambling and Casino Control Commission Act 2011 and the Liquor Control Reform Act 1998 and for other purposes."

The Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024 was assented to on 25 June 2024 and came into operation on 1 July 2024: Special Gazette (No. 345) 25 June 2024 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

There are no amendments made to the Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024 by Acts and subordinate instruments.

3   Explanatory details

No entries at date of publication.