Gambling Regulation Amendment (Licensing) Act 2010

Gambling Regulation Amendment (Licensing) Act 2010

No. 56 of 2010

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 2

Part 2—Amendment of the Gambling Regulation Act2003 3

Division 1—Miscellaneous amendments 3

3 Definitions 3

4 Definitions—minor amendment to definition of venue condition 3

5 New definitions inserted for purpose of Chapter3 3

6 Application for approval of premises 5

7 Responsible authority may make submission 5

8 Authority conferred by monitoring licence 5

9 Application for venue operator's licence 6

10 Nominee of licensee—increase in penalties 6

11 Disciplinary action against venue operator 7

12 Letter of censure 8

13 Minister may invite applications 9

14 New sections 3.4.49A to 3.4.49C inserted 9

3.4.49A Monitoring licensee must establish and maintain
approved linked jackpot trust accounts 9

3.4.49B Operation of multiple venue linked jackpot arrangements without approved linked jackpot
trust account prohibited 9

3.4.49C Payments out of approved linked jackpot trust accounts 9

15 Engaging contractors and appointing agents to assist with monitoring 10

16 Grounds for disciplinary action—monitoring licence 10

17 Suspension of licence 10

18 New section 3.4.59GA inserted 11

3.4.59GA Disciplinary and other action against monitoring licensee—preparatory action 11

19 Appointment of a monitoring services provider after
monitoring licence suspended, cancelled or surrendered 11

20 New section 3.4.68A inserted 12

3.4.68A Publication of standard price lists 12

21 Authority conferred by gaming machine entitlements 13

22 Minister may create and allocate gaming machine entitlements 13

23 New section 3.4A.6B inserted 13

3.4A.6B No compensation payable because of direction
to enter related agreements under section 3.4A.6A 13

24 Gaming machine entitlements may authorise preparatory
action 14

25 States rights in relation to allocated gaming machine
entitlements 14

26 No compensation payable because of direction to enter related agreements under section 3.4A.11A 14

27 New section 3.4A.11C inserted 15

3.4A.11C Payments for gaming machine entitlements must
be made to Commission 15

28 Gaming machine entitlements forfeited if venue operator
defaults under related agreement 15

29 No compensation payable because of forfeiture of gaming machine entitlements 15

30 Amounts owed to the State in relation to gaming machine entitlements become immediately payable 15

31 Payment of proceeds from forfeited gaming machine
entitlements that are allocated again 16

32 Trade Practices Act and Competition Code authorisation 16

33 Further amendments to section 3.4A.34 16

34 New Division 2A of Part 7 of Chapter 3 inserted 17

Division 2A—Approved linked jackpot trust account compliance requirements 17

3.7.6 Banking 17

3.7.6AA Accounting records in relation to approved
linked jackpot trust accounts 18

3.7.6AB Functions of Commission under this Division
may be performed by any commissioner 18

35 Directions to gaming operator to provide informationetc. 18

36 Directions to monitoring licensee to provide informationetc. 18

37 Registration of interest—wagering and betting licence 19

38 Grounds for disciplinary action—wagering and betting licence 19

39 New section 4.3A.30A inserted 19

4.3A.30A Disciplinary and other action against wagering
and betting licensee—preparatory action 19

40 Trade Practices Act and Competition Code 20

41 Registration of interest—public lottery licence 21

42 Grounds for disciplinary action—public lottery licence 21

43 Registration of interest—keno licence 21

44 Grounds for disciplinary action—keno licence 22

45 New section 6A.3.30A inserted 22

6A.3.30A Disciplinary and other action against keno licensee—preparatory action 22

46 Minor gaming must be in accordance with Chapteretc. 23

47 Definitions—disciplinary action against community or
charitable organisations in relation to bingo 23

48 Disciplinary action—bingo centre operators 23

49 New section 10.2A.11 substituted 23

10.2A.11 Publication of Review Panel reports 23

50 Police inquiry and report—applications 26

51 Police inquiry and report—applications for wagering and
betting licence and keno licence 26

52 Police inquiry and report—transfers of monitoring licence, wagering and betting licence and keno licence and temporary licensing 27

53 Definitions—suitability of persons for invitation, and to apply, for monitoring licence 28

54 Police inquiry and report—suitability of persons for invitation, and to apply, for monitoring licence 28

55 Policy inquiry and report—applications for monitoring licence 29

56 Supreme Court—limitation of jurisdiction 29

Division 2—Associates 29

57 Definitions for purpose of Act 29

58 Who is an associate? 30

59 New Part 4A of Chapter 10 inserted 31

PART 4A—MONITORING OF RELATIONSHIPS
WITH ASSOCIATES 31

Division 1—Interpretation 31

10.4A.1 Definitions 31

10.4A.2 Relevant interests 32

10.4A.3 References to the Corporations Act 32

Division 2—Notifications in relation to associates 33

10.4A.4 Change in situation of gambling industry participants, associatesetc. 33

10.4A.5 Notification of Commission of persons who are likely to become associates 33

10.4A.6 Notification of Commission of persons who
have become associates 34

Division 3—Commission approval 34

10.4A.7 Prior Commission approval required before
certain persons become associates 34

Division 4—Termination of associations, warnings and undertakings 35

10.4A.8 Termination of association 35

10.4A.9 Written warnings and undertakings in relation to
conduct of associates 36

Division 5—Forfeiture and sale of shares in gambling industry participants 37

10.4A.10 Disposal, forfeiture etc. of shares 37

10.4A.11 Sale of forfeited shares 39

Division 6—Investigations for purposes of Divisions4 and5 40

10.4A.12 Investigation of associates and others 40

10.4A.13 Provision of information to Commission 41

10.4A.14 Reports to Minister 43

60 Investigations and inquiries for approval of associates 44

61 Consequential repeals 45

Part 3—Amendment of the Gambling Regulation Further Amendment Act2009 46

62 Application for approval of premises 46

63 New section 13 substituted 46

13 New section 3.3.5 substituted and new sections
3.3.5AA, 3.3.5AB, 3.3.5A and 3.3.5B inserted 46

64 Responsible authority may make submission 48

65 Determination of application 48

16 Determination of application 48

66 Section 21 substituted 50

21 Proposal of amendment by operator 50

67 Section 22 substituted 51

22 New sections 3.4.18A, 3.4.18B and 3.4.18C inserted 51

68 Submissions on proposed amendments 52

69 Section 24 substituted 53

24 Determination of application 53

70 Amendment of public lottery licence 54

71 Public hearings for amendments to venue operators' licences
to increase gaming machine numbers 54

Part 4—Amendment of the Casino Control
Act1991 55

72 Cancellation, suspension or variation of casino licence 55

Part 5—Amendment of the Confiscation Act1997 56

73 Amendment of Schedule 1 56

Part 6—Repeal of Amending Act 57

74 Repeal of Act 57

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Endnotes 58

Section Page

Victoria

Section Page

Gambling Regulation Amendment (Licensing) Act 2010[(]

No. 56 of 2010

[Assented to 14 September 2010]

Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010

The Parliament of Victoria enacts:

Part 1—Preliminary

Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010

Part 1—Preliminary

1 Purpose

The main purpose of this Act is—

(a) to amend the Gambling Regulation Act 2003, and the Gambling Regulation Further Amendment Act 2009 to make further provision in relation to regulatory arrangements for—

(i) gaming machine entitlements and the monitoring, wagering and betting and keno licences; and

(ii) the regulation of associates of gambling industry participants; and

(b) to amend the Casino Control Act 1991 to make further provision in relation to disciplinary action against the casino operator for offences involving minors; and

2 Commencement

s. 2

(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 1September2012, it comes into operation on that day.

______

Part 2—Amendment of the Gambling Regulation Act2003

Division 1—Miscellaneous amendments

3 Definitions

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, 29/2009, 43/2009, 52/2009, 58/2009, 59/2009, 63/2009, 68/2009 and 69/2009.
LawToday:
www.
legislation.
vic.gov.au

In section 1.3(1) of the Gambling Regulation Act 2003, in the definition of monitoring licence, after "Chapter 3" insert "or a temporary monitoring licence issued under section 3.4.59I".

4 Definitions—minor amendment to definition of venue condition

In section 3.1.2 of the Gambling Regulation Act 2003, in the definition of venue condition, for "3.4A.5(2)(b)" substitute "3.4A.5(4)(b)".

5 New definitions inserted for purpose of Chapter3

In section 3.1.2 of the Gambling Regulation Act 2003 insert the following definitions—

"approved linked jackpot trust account means an account—

(a) established and maintained by the monitoring licensee with an authorised deposit-taking institution in the State in relation to a multiple venue linked jackpot arrangement; and

(b) into which only money—

(i) that is related to the multiple venue linked jackpot arrangement; and

(ii) that is required to be paid, is paid by a venue operator in accordance with a jackpot financial administration services agreement between the monitoring licensee and that operator;

jackpot financial administration services means—

s. 5

(a) establishing and maintaining an approved linked jackpot trust account in relation to a multiple venue linked jackpot arrangement;

(b) the payment of money out of an approved linked jackpot trust account to a venue operator;

(c) accounting, banking, storage and other acts in connection with or related or incidental to a service referred to in paragraph (a) or (b);

jackpot financial administration services agreement means an agreement between the monitoring licensee and a venue operator for the provision of jackpot financial administration services by the licensee to the venue operator;

multiple venue linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with other gaming machines in 2 or more approved venues;".

6 Application for approval of premises

s. 6

After section 3.3.4(1) of the Gambling Regulation Act 2003 insert—

"(1A) Unless the Commission considers there are exceptional circumstances, an application under this section must be made within 3days after a copy of the proposed application has been given to the relevant responsible authority under section 3.3.5.

(1B) If the Commission considers there are exceptional circumstances, the Commission, by written notice given to the applicant, may extend the period of time within which the applicant may make the application.".

7 Responsible authority may make submission

In section 3.3.6(1) of the Gambling Regulation Act 2003, after "Commission on" insert
"an application for approval of premises or an amendment of".

8 Authority conferred by monitoring licence

(1) In section 3.4.4(1) of the Gambling Regulation Act 2003, for "section 3.4.48" substitute "section 3.4.48 or 3.4.48A".

(2) After section 3.4.4(1)(c) of the Gambling Regulation Act 2003 insert—

"(caa) to provide jackpot financial administration services in relation to multiple venue linked jackpot arrangements; and".

(3) For section 3.4.4(2) of the Gambling Regulation Act 2003 substitute—

"(2) Despite anything to the contrary in this Act—

(a) the facilitation of a linked jackpot arrangement by the monitoring licensee; or

(b) the provision of jackpot financial administration services by the monitoring licensee in relation to a multiple venue linked jackpot arrangement—

is not to be taken to constitute the conduct of gaming by the licensee if that facilitation or provision occurs solely to enable a venue operator that holds a gaming machine entitlement to conduct gaming through a linked jackpot arrangement.".

9 Application for venue operator's licence

s. 9

In section 3.4.8(1) of the Gambling Regulation Act 2003, for "not a natural person" substitute
"a body corporate".

10 Nominee of licensee—increase in penalties

(1) For the penalty at the foot of section 3.4.14(1) of the Gambling Regulation Act 2003 substitute—

"Penalty: 60 penalty units.".

(2) For the penalty at the foot of section 3.4.14(2) of the Gambling Regulation Act 2003 substitute—

"Penalty: 60 penalty units.".

(3) For the penalty at the foot of section 3.4.14(3) of the Gambling Regulation Act 2003 substitute—

"Penalty: 60 penalty units.".

11 Disciplinary action against venue operator

s. 11

(1) In section 3.4.25(1) of the Gambling Regulation Act 2003, in paragraph (d) of the definition of disciplinary action, for "500" substitute "5000".

(2) In section 3.4.25(1) of the Gambling Regulation Act 2003 for the definition of grounds for disciplinary action substitute—

"grounds for disciplinary action, in relation to a venue operator, means any of the following—

(a) that the venue operator's licence was obtained by a materially false or misleading representation or in some other improper way;

(b) that there have been repeated breaches in the approved venue of rules made by the Commission under section 3.5.23;

(d) that the venue operator has contravened—

(i) the venue operator's licence; or

(ii) a provision of this Act (being a provision a contravention of which does not constitute an offence); or

(iii) a condition imposed by the Minister on a gaming machine entitlement under section 3.4A.5; or

(iv) an agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or3.4A.17A;

(e) that the venue operator has been found guilty of an offence—

(i) against a gaming Act or the gaming regulations; or

(ii) an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3months;

(f) that an associate of the venue operator has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months;

(g) that the venue operator is not, or is no longer, a suitable person to conduct the activities authorised by the venue operator's licence, having regard to the matters set out in section 3.4.11(2);

(h) that the venue operator has repeatedly breached the venue operator's self-exclusion program;

(i) that the venue operator has repeatedly breached the venue operator's Responsible Gambling Code of Conduct;

(j) that the venue operator has failed to discharge financial obligations to a player;".

12 Letter of censure

s. 12

In section 3.4.26(2)(b) of the Gambling Regulation Act 2003, for "500" substitute "5000".

13 Minister may invite applications

In section 3.4.40(1)(b) of the Gambling Regulation Act 2003, for "not a natural person" substitute "a body corporate".