Gambling Regulation (Miscellaneous Amendments) Act 2006

Gambling Regulation (Miscellaneous Amendments) Act 2006

Act No. 7/2006

table of provisions

SectionPage

Part 1—Preliminary

1.Purpose

2.Commencement

Part 2—Gambling Regulation Act 2003

3.Amendment of conditions of venue operator's licences

4.Payment of winnings by cheque

5.Permits to conduct trade promotion lotteries

6.New sections 8.3.11A and 8.3.11B inserted

8.3.11AInvestigation of community or charitable
organisations

8.3.11BProvision of information

7.Supply of bingo equipment

8.New section 8.5.11 substituted

8.5.11Licence renewal

9.Disciplinary action against bingo centre operator

10.Community and charitable gaming—change in situation of persons and associates

11.New section 9A.1.22 inserted

9A.1.22Change in situation of licensees

12.Updating applications for listing on the roll

13.Service of documents

Part 3—Gambling Regulation (Further Amendment) Act 2004

14.New section 8.5A.12 substituted

8.5A.12Licence renewal

15.New section 31 substituted

31.Change in situation of licensee or associate

16.Consequential repeal

Part 4—Casino Control Act 1991

17.Approval of games and rules for games

18.Approved system of controls and procedures

═══════════════

Endnotes

SectionPage

Victoria

No. 7 of 2006

SectionPage

Gambling Regulation (Miscellaneous Amendments) Act 2006[†]

[Assented to 4 April 2006]

Act No. 7/2006

Gambling Regulation (Miscellaneous Amendments) Act 2006

Act No. 7/2006

Gambling Regulation (Miscellaneous Amendments) Act 2006

The Parliament of Victoriaenacts as follows:

Part 4—Casino Control Act 1991

Gambling Regulation (Miscellaneous Amendments) Act 2006

Act No. 7/2006

Part 1—Preliminary

1.Purpose

The main purpose of this Act is to amend the Gambling Regulation Act 2003,the Gambling Regulation (Further Amendment) Act 2004and the Casino Control Act 1991 to enhance the regulatory role of the Victorian Commission for Gambling Regulation.

2.Commencement

s. 2

This Act comes into operation on the day after the day on which it receives the Royal Assent.

______

See:
Act No.
114/2003.
Reprint No. 1
as at
21 July 2005
and amending
Act Nos
16/2004, 104/2004, 18/2005, 22/2005 and 45/2005.
LawToday:

dpc.vic.
gov.au

Part 2—Gambling Regulation Act 2003

3.Amendment of conditions of venue operator's licences

s. 3

(1)For section 3.4.20(3) of the Gambling Regulation Act 2003 substitute—

"(3) An amendment may be made subject to any conditions that the Commission thinks fit.

(3A)Despite sub-section (1)(a) and (b), the Commission may make an amendment before being satisfied of the matters referred to in those paragraphs on condition that the amendment does not take effect until the Commission is satisfied as required by those paragraphs.

(3B) If the Commission makes an amendment referred to in section 3.4.17(1)(d) or (2), the Commission must cause notice of the amendment to be published in the Government Gazette.".

(2)In section 3.4.20(4) of the Gambling Regulation Act 2003, for "on any later date" substitute
"at any later time".

4.Payment of winnings by cheque

In section 3.5.33(1) and (2) of the Gambling Regulation Act 2003, after "cheque" insert
"that is not payable to cash".

5.Permits to conduct trade promotion lotteries

s. 5

(1)After section 5.7.4(2) of the Gambling Regulation Act 2003 insert—

"(2A)Without limiting the grounds on which the Commission may refuse an application for a permit to conduct a trade promotion lottery, the Commission must refuse the applicationif, in the Commission's opinion, the proposed trade promotion lottery is offensive or contrary to the public interest.".

(2)In section 5.7.20 of the Gambling Regulation Act 2003omit "(other than section 5.7.10)".

(3)At the end of section 5.7.20 of the Gambling Regulation Act 2003 insert—

"(2)Sub-section (1) does not apply to—

(a)the function under section 5.7.4(2A) of refusing an application for a permit to conduct a trade promotion lottery that is offensive or contrary to the public interest; or

(b)a function under section 5.7.10.".

6.New sections 8.3.11A and 8.3.11B inserted

After section 8.3.11 of the Gambling Regulation Act 2003 insert—

"8.3.11AInvestigation of community or charitable organisations

(1)The Commission may conduct an investigation at any time to determine whether or not the declaration of an organisation as a community or charitable organisation should be revoked.

(2)The investigation may include (but is not limited to) an investigation of all or any of the following—

(a)a community or charitable organisation;

(b)a person who, in the opinion of the Commission, could affect the exercise of the functions of a community or charitable organisation;

(c) a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a community or charitable organisation.

8.3.11BProvision of information

s. 6

(1)The Commission may, by notice in writing, require a community or charitable organisation—

(a)to provide the Commission or an authorised person, in accordance with directions in the notice, with any information as is specified in the notice that is—

(i)relevant to the organisation; or

(ii)otherwise required by the Commission; or

(b)to produce to the Commission or an authorised person, in accordance with the directions in the notice, any records specified in the notice that are—

(i)relevant to the organisation; or

(ii)otherwise required by the Commission—

and to permit examination of those records, the taking of extracts from them and the making of copies of them; or

(c)to attend before the Commission or an authorised person for examination, and to answer questions, in relation to any matters—

(i)relevant to the organisation; or

(ii)otherwise specified by the Commission.

s. 6

(2)If records are produced under this section, the Commission or authorised person to whom they are produced may retain possession of the records for such period as may reasonably be necessary to permit examination of the records, the taking of extracts from them and the making of copies of them.

(3)At any reasonable times during the period for which records are retained, the Commission or authorised person must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Commission or an authorised person.

(4)A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.".

7.Supply of bingo equipment

s. 7

(1)For the heading to section 8.4.4 of the Gambling Regulation Act 2003 substitute—

"Restriction on supply of bingo equipment".

(2)After section 8.4.4(2) of the Gambling Regulation Act 2003 insert—

"(3)Sub-section (1) does not apply to the supply of bingo tickets or a random number generator to a person who or organisation that is not required to hold a minor gaming permit to conduct a session of bingo games.

Note:Section 8.2.4 sets out circumstances in which a minor gaming permit is not required to conduct a session of bingo games.".

8.New section 8.5.11 substituted

For section 8.5.11 of the Gambling Regulation Act 2003 substitute—

"8.5.11 Licence renewal

(1)Abingo centre operator may, not earlier than 9 months before the expiration of the current licence, apply to the Commission for a new bingo centre operator's licence, in which case—

(a)the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its issue is refused; and

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

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

(3)This Act (except sections 8.5.3, 8.5.4 and8.5.5) applies to and in relation to—

(a)an application under this section for a new licence; and

(b)the determination of such an application; and

(c)any licence issued as a result of such an application—

as if the application has been made by a person other than a bingo centre operator.

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

Note:Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a bingo centre operator's licence.".

9.Disciplinary action against bingo centre operator

s. 9

In section 8.5.13(1)of the Gambling Regulation Act 2003, in the definition of "grounds for disciplinary action", after paragraph (f) insert—

"(fa) that the operator no longer has the management or control of the bingo centre;".

10.Community and charitable gaming—change in situation of persons and associates

In the Gambling Regulation Act 2003—

(a)in the heading to section 8.6.3, for "holder of licence or permit or of associate"substitute"person or associate";

(b)in section 8.6.3(1), before paragraph (a) insert—

"(aa)a community or charitable organisation;";

(c)section 8.6.3(1)(d) is repealed;

(d)in section 8.6.3(3), for "any Commissioner" substitute "any commissioner".

11. New section 9A.1.22 inserted

s. 11

After section 9A.1.21 of the Gambling Regulation Act 2003 insert—

"9A.1.22Change in situation of licensees

(1)Whenever a change of a kind specified by the Commission in writing given to a licensee takes place in the situation existing in relation to the licensee, the licensee must notify the Commission in writing of the change within 14days after it takes place.

Penalty:60 penalty units.

(2)A function of the Commission under this section may be performed by any commissioner.".

12. Updating applications for listing on the roll

(1)For section 10.4.6(4) of the Gambling Regulation Act 2003 substitute—

"(4) This section does not apply to an application for approval of a wholly-owned subsidiary of a public lottery licensee under Division 3 of Part 3 of Chapter 5.".

(2) After section 10.4.6(5)(d) of the Gambling Regulation Act 2003insert—

"(e)listing on the roll;".

13. Service of documents

s. 13

In section 11.1.2 of the Gambling Regulation Act 2003, for "served on a person other than the Commission, the document may be served" substitute "served on, or given or sent to, a person other than the Commission, the document may be served, given or sent".

______

See:
Act No.
104/2004.
Statute Book:

dpc.vic.
gov.au

Part 3—Gambling Regulation (Further Amendment) Act 2004

14. New section 8.5A.12 substituted

s. 14

In section 29 of the Gambling Regulation (Further Amendment) Act 2004, for proposed section 8.5A.12substitute—

"8.5A.12 Licence renewal

(1)A licensee may, not earlier than 9 months before the expiration of the current licence, apply to the Commission for a new commercial raffle organiser's licence, in which case—

(a)the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its issue is refused; and

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

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

(3)This Act (except section 8.5A.5 and 8.5A.6) applies to and in relation to—

(a)an application under this section for a new licence; and

(b)the determination of such an application; and

(c)any licence issued as a result of such an application—

as if the application has been made by a person other than a commercial raffle organiser.

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

Note:Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for acommercial raffle organiser's licence.".

15. New section 31 substituted

s. 15

For section 31 of the Gambling Regulation (Further Amendment) Act 2004 substitute—

'31. Change in situation of licensee or associate

At the end of section 8.6.3(1) of the Principal Act insert—

"(e)the holder of a commercial raffle organiser's licence;

(f)an associate of the holder of a commercial raffle organiser's licence.".'.

16. Consequential repeal

Section 49 of the Gambling Regulation (Further Amendment) Act 2004is repealed.

______

See:
Act No.
47/1991.
Reprint No. 6
as at
1 July 2004
and amending
Act Nos
33/2004, 104/2004, 108/2004, 47/2005 and 55/2005.
LawToday:

dpc.vic.
gov.au

Part 4—Casino Control Act 1991

17. Approval of games and rules for games

s. 17

(1)In section 60(1) of the Casino Control Act 1991 omit ", by notice published in the Government Gazette,".

(2)After section 60(1B) of the Casino Control Act 1991 insert—

"(1C)The Commission must publish notice that an approval has been given under this section on the Commission's website.".

(3) For section 60(2) and (3) of the Casino Control Act 1991 substitute—

"(2)A casino operator must not permit a game to be conducted or played in a casino unless—

(a)an approval under this section is in force for the game and the rules for the game; and

(b)the approved rules for the game are published on the casino operator's website and are available for inspection in the casino at the time the game is conducted or played; and

(c)the game is conducted or played in accordance with the approved rules for the game.

Penalty:100 penalty units.

(3) A person must notconduct a game in a casino,or permit a game conducted by him or her to be played in a casino, unless—

(a)an approval under this section is in force for the game and the rules for the game; and

(b)the approved rules for the game are published on the casino operator's website and are available for inspection in the casino at the time the game is conducted or played; and

(c)the game is conducted or played in accordance with the approved rules for the game.

Penalty:20 penalty units.".

18. Approved system of controls and procedures

s. 18

In section 122(1)(c) of the Casino Control Act 1991 omit "job descriptions and".

═══════════════

Gambling Regulation (Miscellaneous Amendments) Act 2006

Act No. 7/2006

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 19 October 2005

Legislative Council: 2 March 2006

The long title for the Bill for this Act was "to amend the Gambling Regulation Act 2003, the Gambling Regulation (Further Amendment) Act 2004 and the Casino Control Act 1991 to enhance the regulatory role of the Victorian Commission for Gambling Regulation and for other purposes."