Gambling Regulation Further Amendment Act 2009

Gambling Regulation Further Amendment Act 2009

No. 58 of 2009

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments

4Definitions

5Purposes of Chapter 3

6Conduct of gaming

7New section 3.1.4A inserted

3.1.4AConduct of monitoring

8Possession of gaming machines may be authorised

9Ministerial directions as to requirements for gaming machines

10Regions for gaming machines

3.2.4Regions for gaming machines

11Prohibited interests in gaming machine entitlements

12Application for approval of premises

13New section 3.3.5 substituted and new section 3.3.5A inserted

3.3.5Proposed application must be given to relevant responsible authority before application is made

3.3.5ANo change permitted to number of gaming machines sought in application after certain period

14Responsible authority may make submission

15Matters to be considered in determining applications

16Determination of application

17New section 3.3.15A inserted

3.3.15AOne venue operator for an approved venue

18Licensing of operators

19Authority conferred by monitoring licence

20Authority conferred by listing on Roll

21Proposal of amendment by venue operator

22New section 3.4.18A inserted

3.4.18ANo change permitted to number of gaming machines sought in application after certain period

23Submissions on proposed amendments

24Consideration and making of amendment

25New section 3.4.28AA inserted

3.4.28AAApplication of Division

26Secretary reports on suitability of persons who can apply for monitoring licence

27New section 3.4.41A inserted

3.4.41AConsent required for reports and investigations

28New definitions inserted for purpose of new Division4 of Part4of Chapter 3

29New heading to section 3.4.48 substituted

30New sections 3.4.48A to 3.4.48E inserted

3.4.48ARelated agreements with monitoring licensee

3.4.48BNo compensation payable because of a direction to enter into related agreements

3.4.48CLimitation of monitoring licensee's civil liability

3.4.48DRelated agreements may provide for damages determined by the Minister

3.4.48EMinister may determine certain damages that must beincluded in related agreements

31Engaging contractors and appointing agents to assist with monitoring

32Request by licensee for amendment of monitoring licence

33Amendment of monitoring licence

34Suspension of licence pending criminal proceedings

35Temporary monitoring licence

36Report to Minister by Commission for temporary monitoring licence

37New section 3.4.59JA inserted

3.4.59JAReport to Minister by Commission for a temporary monitoring licence issued for 90 days

38Further provisions for temporary licence

39New sections 3.4.59LA to 3.4.59LG inserted

3.4.59LARelated agreements with temporary licensee

3.4.59LBNo compensation payable because of a direction to enter into related agreements

3.4.59LCLimitation of temporary licensee's civil liability

3.4.59LDRelated agreements may provide for damages determined by the Minister

3.4.59LEMinister may determine certain damages that must be included in related agreements

3.4.59LFAppointment of a monitoring services provider if monitoring licence not granted

3.4.59LGAppointment of a monitoring services provider aftermonitoring licence suspended, cancelled or surrendered

40New section 3.4.59Q inserted

3.4.59QNo compensation payable for certain acts and omissions relating to monitoring

41New section 3.4.59R inserted

3.4.59RTrade Practices Act and Competition Code

42Letter of censure

43Requirement to hold gaming machine entitlements

44Minister may create and allocate gaming machine entitlements

45New section 3.4A.5A inserted

3.4A.5AReview of regional and municipal limits for gamingmachine entitlements

46New heading to section 3.4A.6 substituted

47New section 3.4A.6A inserted

3.4A.6ADirections in relation to related agreements with Minister

48Duration of gaming machine entitlements

49New sections 3.4A.11A and 3.4A.11B inserted

3.4A.11ARelated agreements between venue operators and monitoring licensee

3.4A.11BNo compensation payable because of a direction to enter into related agreements

50New section 3.4A.17A inserted

3.4A.17ARelated agreements must be entered into before gaming machine entitlement may be transferred

51New Division 5A of Part 4A of Chapter 3 inserted

Division 5A—Purchase by the State of gaming machine entitlements

3.4A.20AApplication of Division

3.4A.20BCommission to determine excess gaming machine entitlements

3.4A.20CMinisterial Order for purchase of gaming machine entitlements

3.4A.20DDeterminations for purpose of Division

3.4A.20EInitial offers by State for purchase of gaming machine entitlements

3.4A.20FFurther reduction of gaming machine entitlements

3.4A.20GFurther offers by State for purchase of gaming machine entitlements

3.4A.20HExtinguishment of gaming machine entitlements purchased for purpose of State limit reduction

3.4A.20IExtinguishment on reduction of State limit

3.4A.20JNo compensation payable

52New Division 8A of Part 4A of Chapter 3 inserted

Division 8A—Forfeiture of gaming machine entitlements following offers to purchase those entitlements

3.4A.27AForfeiture to State—after reduction of regional or municipal district limit

53Extinguishment of interests and rights in gaming machine entitlements

54Forfeited gaming machine entitlements

55New Division 11 of Part 4A of Chapter 3 inserted

Division 11—General

3.4A.34Trade Practices Act and Competition Code authorisation

56Approval of gaming machine types and games

57Withdrawal of approval

58Approval of electronic monitoring systems

59Banning large denomination note acceptors and autoplay facilities

60Spin rates

61Taxation in relation to gaming in approved venues with pub licences

62Taxation in relation to gaming in approved venues with club licences or racing club licences

63New Division 3 of Part 7 of Chapter 3 inserted

Division 3—Other requirements

3.7.6ADirections to gaming operator to provide informationetc.

3.7.6BDirections to monitoring licensee to provide informationetc.

3.7.6CNo compensation payable

3.7.6DDirections to monitoring licensee

Part 3—Wagering and Betting-Related Amendments

64Approval of totalisator equipment

65Betting exchange rules

66Disallowance of betting exchange rules

67New Division 8 inserted in Part 3 of Chapter 4

Division 8—Further obligation to provide information

4.3.34Directions to wagering licensee to provide information

68New heading to section 4.3A.10 substituted

69New sections 4.3A.10AA and 4.3A.10AB inserted

4.3A.10AARelated agreements with wagering and betting licensee

4.3A.10ABNo compensation payable because of a direction toenter into related agreements

70New sections 4.3A.13A and 4.3A.13B inserted

4.3A.13APenalty interest for late payment

4.3A.13BRecovery of amounts

71Engaging contractors and appointing agents to assist with wagering and betting

72Request by licensee for amendment of wagering and betting licence

73Amendment of wagering and betting licence

74Temporary wagering and betting licence

75Report to Minister by Commission for temporary wagering andbetting licence

76New section 4.3A.32A inserted

4.3A.32AReport to Minister by Commission for a temporarywagering and betting licence issued for90 days

77Further provisions for temporary wagering and betting licence

78New sections 4.3A.34AA and 4.3A.34AB inserted

4.3A.34AARelated agreements with temporary wagering andbetting licensee

4.3A.34ABNo compensation payable because of a direction toenter into related agreements

79Approval of telecommunication devices by Commission

80New sections 4.3A.39A and 4.3A.39B inserted

4.3A.39ADirections to provide information

4.3A.39BDirections to licensees

81New section 4.6.3A inserted

4.6.3AWagering tax review

82New Part 9 of Chapter 4 inserted

Part 9—Other Matters

4.9.1Trade Practices Act and Competition Code

Part 4—Lotteries-Related Amendments

83Approval of computer equipment

84Request by licensee for amendment of public lottery licence

85Amendment of public lottery licence

86Temporary public lottery licences

87Report to Minister by Commission for temporary public licence

88New section 5.3.28A inserted

5.3.28AReport to Minister by Commission for a temporary public lottery licence issued for 90days

Part 5—Club Keno-Related Amendments

89New Division 3 of Part 3 of Chapter 6 inserted

Division 3—Unclaimed prizes

6.3.4Unclaimed prizes

90New Part 6 of Chapter 6 inserted

Part 6—General

6.6.1Directions to participants to provide information

Part 6—Keno-related amendments

91Approval of keno system

92New heading to section 6A.3.10 substituted

93New sections 6A.3.10A and 6A.3.10B inserted

6A.3.10ARelated agreements with keno licensee

6A.3.10BNo compensation payable because of a direction toenter into related agreements

94New sections 6A.3.13A and 6A.3.13B inserted

6A.3.13APenalty interest for late payment

6A.3.13BRecovery of amounts

95Engaging contractors and appointing agents to assist with kenogames

96Request by licensee for amendment of keno licence

97Amendment of keno licence

98Temporary keno licence

99Report to Minister by Commission for a temporary keno
licence

100New section 6A.3.32A inserted

6A.3.32AReport to Minister by Commission for a temporarykeno licence issued for 90 days

101Further provisions for temporary licence

102New sections 6A.3.34A and 6A.3.34B inserted

6A.3.34ARelated agreements with temporary keno licensee

6A.3.34BNo compensation payable because of a direction toenter into related agreements

103New sections 6A.3.39A to 6A.3.39D inserted

6A.3.39ADirections to provide information

6A.3.39BDirections to licensee

6A.3.39CClaim for prize

6A.3.39DUnclaimed prizes

104New Part 6 of Chapter 6A inserted

Part 6—Other Matters

6A.6.1Trade Practices Act and Competition Code

Part 7—Community and Charitable Gaming-Related Amendments

105New section 8.4.7A inserted

8.4.7APayment of prize money and cashing of cheques

Part 8—Administration and Enforcement-RelatedAmendments

106Commission's functions

107New section 10.1.5A inserted

10.1.5AStandards for approvals of technical equipment andsystems

108Public hearings for amendments to venue operators' licences to increase gaming machine numbers

109New section 10.1.22A inserted

10.1.22AProcedure for non-public hearing of applications forgaming machine increases

110Commission to give written statement after public hearing or onrequest

111Subject matter for regulations

Part 9—Other Amendments, Savings and Transitionals

Division 1—Consequential amendments relating to the provision ofmonitoring services

112Purpose, objective and outline of Act

113Purpose of Chapter 3

114Application of Chapter 3 to casino operator

115Gaming in approved venue declared lawful

116Possession of gaming machines may be authorised

117Monitoring restrictions for persons listed on the Roll and relatedpersons

118Restrictions for the monitoring licensee and related persons

119Authority conferred by gaming operator's licence

120Authority conferred by gaming operator's licence

121Authority conferred by monitoring licence

122Authority conferred by listing on the Roll

123Licence may authorise preparatory action

124Offence to breach licence conditions

125Disciplinary action

126Authority conferred by gaming machine entitlements

127Manufacture, sale, supply, obtaining or possession of gaming machines

128Unlawful interference with gaming equipment or monitoring equipment

129Protection of sensitive areas of gaming equipment or monitoringequipment

130Approval of electronic monitoring systems

131Installation and storage of gaming machines

132Certificates of installation

133Malfunction of gaming machines or monitoring equipment

134Defective gaming machines not allowed

135Commission may give directions

136Legality of onboard gaming

137Non-applicability of other laws

138Unlawful interference with gaming equipment

139Authority conferred by a gaming industry employee's licence

140Objectives of Commission

141Seizure and forfeiture of equipment

Division 2—Other minor amendments

142Statute law revision

Division 3—Savings and transitionals

143New clause 22.1AB of Part 22 of Schedule 7 inserted

22.1ABVenue operators that do not hold a club licence, publicence or racing club licence

144New Part 24 of Schedule 7 inserted

Part 24—Gambling Regulation further Amendment Act 2009

24.1Specified areas

Part 10—Repeal of Act

145Repeal of Act

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Endnotes

SectionPage

Victoria

SectionPage

Gambling Regulation Further Amendment Act 2009[†]

No. 58 of 2009

[Assented to 21 October 2009]

Gambling Regulation Further Amendment Act 2009
No. 58 of 2009

The Parliament of Victoriaenacts:

Part 10—Repeal of Act

Gambling Regulation Further Amendment Act 2009
No. 58 of 2009

Part 1—Preliminary

1Purpose

The purpose of this Act is to make miscellaneous amendments to the Gambling Regulation Act 2003 to improve the operation of that Act.

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 September 2012, it comes into operation on that day.

3Principal Act

s. 3

See:
Act No.
114/2003.
Reprint No. 3
as at
6 August 2009
and amending
Act Nos
72/2007, 71/2008, 25/2009 and 29/2009.
LawToday:
www.
legislation.
vic.gov.au

In this Act, the Gambling Regulation Act 2003 is called the Principal Act.

______

Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments

4Definitions

s. 4

(1)In section 1.3 of the Principal Act, for the definition of gaming equipmentsubstitute—

"gaming equipment means any—

(a)gaming machine;

(b)part of, or replacement part for, any such machine;

(c)restricted gaming component;

(d)equipment for the purpose of operating jackpots;".

(2)In section 1.3 of the Principal Act, for the definition of regional limit substitute—

"regional limit means—

(a)the maximum permissible number of gaming machines available for gaming in a region of the State determined and in force under section 3.2.4; or

(b)the maximum permissible number of gaming machine entitlements under which gaming may be conducted in a region of the State determined and in force under section 3.4A.5(3A);".

(3) In section 1.3 of the Principal Act insert the following definitions—

"monitoring equipment means any—

(a)equipment for the purpose of facilitating linked jackpot arrangements;

(b)electronic monitoring system;

(c)part of, or replacement part for, any such equipment or system;

(d)restricted monitoring component;

restricted gaming component, in relation to gaming equipment, means any component that is prescribed as a restricted gaming component;

restricted monitoring component, in relation to monitoring equipment, means any component that is prescribed as a restricted monitoring component;".

(4) In section 1.3 of the Principal Act, the definition of restricted component is repealed.

5Purposes of Chapter 3

s. 5

At the end of section 3.1.1 of the Principal Act insert—

"(2)The purpose of this Chapter is also to—

(a)provide for the allocation of gaming machine entitlements in order to maximise the financial and social benefits to the Victorian community within the regulatory framework applying to the allocation of entitlements;

(b)promote a competitive gaming industry with the aim of providing financial and social benefits to the Victorian community.".

6Conduct of gaming

In section 3.1.4(1) of the Principal Act—

(a)in paragraph (e) for "gaming." substitute "gaming; and";

(b)after paragraph (e) insert—

"(f)the operation of jackpots.".

7New section 3.1.4A inserted

s. 7

After section3.1.4 of the Principal Act insert—

"3.1.4A Conduct of monitoring

A reference in this Chapter to the conduct of monitoring is a reference to an activity referred to in section 3.4.4.".

8Possession of gaming machines may be authorised

(1)After section 3.2.2(2) of the Principal Act insert—

"(2A)The Commission may authorise, in writing, a person who was the holder of a gaming operator's licence or a gaming licence to—

(a)be in possession of a gaming machine or gaming equipment; or

(b)sell or dispose of a gaming machine or gaming equipment.

(2B) The Commission may authorise, in writing, a venue operator to be in possession of, or sell or dispose of, a gaming machineor gaming equipment after a relevant event.

(2C) The Commission may give an authorisation under subsection (2A) or (2B) only if—

(a)in the case of a person who was a holder of a gaming operator's licence or a gaming licence—the gaming machine or gaming equipment was acquired while the person held a gaming operator's licence or a gaming licence;

(b)in the case of a venue operator—the gaming machine or gaming equipment was acquired while the operator held a gaming machine entitlement.".

(2)In section 3.2.2(3) of the Principal Act, for "or(2)" substitute ", (2), (2A) or (2B)".

(3)After section 3.2.2(4) of the Principal Act insert—

"(5) In this section—

relevant event, for a venue operator, means—

(a) the forfeiture,under Division 6, 7, 8 or 8A of Part 4A,of all gaming machine entitlements held by the operator; or

(b)the transfer, under Division 5 of Part 4A, of all gaming machine entitlementsheld by the operator to another venue operator; or

(c)the sale, under Division 5A of Part 4A, of all gaming machine entitlements held by the operator.".

9Ministerial directions as to requirements for gaming machines

s. 9

In section 3.2.3(1)(g) of the Principal Act omit "section 3.5.29(3) or 3.5.30(2) of this Act or".

10Regions for gaming machines

For section 3.2.4 of the Principal Act substitute—

"3.2.4 Regions for gaming machines

The Minister may from time to time, by order published in the Government Gazette, determine regions in the State for the purposes of this Chapter.".

11Prohibited interests in gaming machine entitlements

s. 11

(1)In section 3.2A.7(1) of the Principal Act, for "It" substitute "On and after a day declared by the Minister under subsection (1A), it".

(2) After section 3.2A.7(1) of the Principal Act insert—

"(1A)For the purposes of this Division, the Minister must, by notice published in the Government Gazette, declare a day on and after which it will be unlawful for an entitlement holder to hold a prohibited number of hotel gaming machine entitlements or club gaming machine entitlements.

(1B)A notice published in the Government Gazette under subsection (1A) takes effect on the day on which the notice is published in the Government Gazette, or on a later day specified in the notice.".

12Application for approval of premises

(1)In section 3.3.4(1) of the Principal Act, for "Theowner" substitute "Subject to section 3.3.5, the owner".

(2)After section 3.3.4(3)(b) of the Principal Act insert—

"(ba) the number of gaming machines sought to be permitted in the premises for gaming; and

(bb)evidence that the owner has complied with section 3.3.5(1); and".

13New section 3.3.5 substituted and new section 3.3.5A inserted

s. 13

For section 3.3.5 of the Principal Act substitute—

"3.3.5 Proposed application must be given to relevant responsible authority before application is made

(1)The owner of premises, or a person authorised by the owner, who proposes to apply under section 3.3.4 for the approval of the premises as suitable for gaming must give to the relevant responsible authority within the meaning of the Planning and Environment Act 1987—

(a)a copy of the proposed application before making the application under that section; and

(b)if the proposed application is amended before making the application under that section, a copy of the proposed application, as amended; and

(c) if the owner makes an application that differs from the proposed application,a copy of that application on the same day the application is made.

(2)Within 37 days after receiving a copy of a proposed application under subsection (1)(a), the relevant responsible authority must notify, in writing, the Commission as to whether it intends to make a submission under section 3.3.6 in respect of any application to which the proposed application relates.

3.3.5ANo change permitted to number of gaming machines sought in application after certain period

The applicant cannot change the number, stated in the application, of gaming machines sought to be permitted in the premises for gaming once the first 30 days after giving the relevant responsible authority a copy of the proposed application under section 3.3.5(1) elapse.".

14Responsible authority may make submission

s. 14

(1)In section 3.3.6(1) of the Principal Act, for "The relevant responsible authority" substitute"Subject to this section, the relevant responsible authority".

(2)For section 3.3.6(3) of the Principal Act substitute—

"(3)Unless the Commission considers there are exceptional circumstances or there is a change, in the application, to the number of gaming machines sought to be permitted in the premises for gaming, a submission must be made within 60 days after the responsible authority receives a copy of the proposed application under section 3.3.5(1).

(4)If the Commission considers there are exceptional circumstancesor there is a change, in the application, to the number of gaming machines sought to be permitted in the premises for gaming, the Commission, by written notice given to the responsible authority, may extend the period of time within which a responsible authority may make a submission.

(5)The Commission must not extend the period of time within which the responsible authority may make a submission beyond 30days after the end of the period specified in subsection(3).".

15Matters to be considered in determining applications

s. 15

Section 3.3.7(4) of the Principal Act is repealed.

16Determination of application

After section 3.3.8(1) of the Principal Act insert—

"(1A)The Commission must use its reasonable endeavours to determine an application within 60days after—

(a) receiving a notification from a responsible authority under section 3.3.5(2) that the authority does not intend to make a submission under section3.3.6; or

(b)the making of a submission by a responsible authority under section3.3.6—

whichever occurs first.

(1B)If the Commission does not determine the application within the period specified under subsection (1A), the Commission is to be taken to have refused to grant the approval.".

17New section 3.3.15A inserted

After section 3.3.15 of the Principal Act insert—

"3.3.15A One venue operator for an approved venue

Only one venue operator may conduct gaming in each approved venue.".

18Licensing of operators

s. 18

For section 3.4.1(ac) of the Principal Act substitute—

"(ac)while holding a gaming machine entitlement or under an authorisation under section 3.2.2(2A),sell or dispose of a gaming machine or gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator; and".

19Authority conferred by monitoring licence

(1)In section 3.4.4(1)(b) of the Principal Act, after "electronic monitoring system" (where first occurring) insert "and monitoring equipment".

(2)In section 3.4.4(1)(c) of the Principal Act insert—

"(ca) to provide, in accordance with a direction under section 3.4.49 (if any), systems and mechanisms that implement responsible gambling measures for the conduct of gaming; and".

20Authority conferred by listing on Roll

After section 3.4.5(f) of the Principal Act insert—

"(fa)to enter into arrangements with the monitoring licensee,the holder of a public lottery licence or the keno licensee to test instruments, contrivances, hardware, software or equipment referred to in section 3.5.13, 5.2.1A or 6A.2.5 for the purposes of the issue of certificates referred to in those sections.".

21Proposal of amendment by venue operator

s. 21

For section 3.4.18(2) of the Principal Act substitute—

"(2) If an amendment proposed by a venue operator is to increase the number of gaming machines permitted in an approved venue, the venue operator must give to the municipal council of the municipal district in which the approved venue is located—