Gambling Regulation (Commercial Raffle Organisers) Regulations 2006

i Gambling Regulation (Commercial Raffle Organisers) Regulations 2006 S.R. No. 38/2006 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Definitions 2 5. Application for commercial raffle organiser's licence 2 6. Application for renewal of commercial raffle organiser's licence 2 7. Application for commercial raffle organiser's licence— publication of notice 3 8. Conditions of commercial raffle organiser's licence 3 9. Maximum fee 4 10. Auditing of accounts and financial statements 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2006 S.R. No. 38/2006 Gambling Regulation Act 2003 Gambling Regulation (Commercial Raffle Organisers) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 4 April 2006 Responsible Minister: JOHN PANDAZOPOULOS Minister for Gaming RUTH LEACH Clerk of the Executive Council 1. Objectives The objective of these Regulations is to make provision with respect to— (a) fees for applications for, and applications for the renewal of, commercial raffle organiser's licences; (b) information to be included in notices relating to applications for commercial raffle organiser's licences; (c) conditions of a commercial raffle organiser's licence; (d) the auditing of books, accounts and financial statements of the holders of commercial raffle organiser's licences. -- 2 of 7 -- S.R. No. 38/2006 Gambling Regulation (Commercial Raffle Organisers) Regulations 2006 2 2. Authorising provision These Regulations are made under section 11.2.1 of the Gambling Regulation Act 2003. 3. Commencement These Regulations come into operation on 1 July 2006. 4. Definitions In these Regulations— "incorporated association" has the same meaning as in the Associations Incorporation Act 1981; "licensee" has the meaning given by section 8.5A.1 of the Act; "Registrar" means the Registrar of Incorporated Associations under the Associations Incorporation Act 1981; "the Act" means the Gambling Regulation Act 2003. 5. Application for commercial raffle organiser's licence For the purposes of section 8.5A.5(2) of the Act, the prescribed fee to accompany an application for a commercial raffle organiser's licence is 149⋅5 fee units. 6. Application for renewal of commercial raffle organiser's licence For the purposes of section 8.5A.12(1) of the Act, the prescribed fee for the renewal of a commercial raffle organiser's licence is 138⋅5 fee units. r. 2 -- 3 of 7 -- S.R. No. 38/2006 Gambling Regulation (Commercial Raffle Organisers) Regulations 2006 3 7. Application for commercial raffle organiser's licence—publication of notice For the purposes of section 8.5A.5(3)(a) of the Act, the following is the prescribed information to be contained in the notice published by an applicant for a commercial raffle organiser's licence— (a) a statement that the application has been made; (b) the name and business address of the applicant; (c) if applicable, A.C.N. of the applicant; (d) the address and telephone number of the Commission. 8. Conditions of commercial raffle organiser's licence For the purposes of section 8.5A.8(3)(a) of the Act, the following are prescribed conditions of a commercial raffle organiser's licence— (a) the licensee must not purchase raffle tickets in a commercial raffle run by the licensee; (b) the licensee must take all reasonable steps to ensure that the following persons do not purchase raffle tickets in a commercial raffle run by the licensee— (i) a relative of the licensee; (ii) a director or employee of the licensee; (iii) any person liable as licensee, in relation to the raffle, under section 8.5A.10(3) or section 8.5A.10(4) of the Act; (iv) a relative of a person mentioned in sub- paragraph (ii) or (iii); r. 7 -- 4 of 7 -- S.R. No. 38/2006 Gambling Regulation (Commercial Raffle Organisers) Regulations 2006 4 (c) if the licensee enters into an agreement with a community or charitable organisation under section 8.5A.23 of the Act for the conduct, in whole or in part, of a raffle on behalf of the organisation, the licensee must— (i) for each successive period of 7 days after the agreement is entered into, or within any other period or periods determined by the Commission and notified in writing to the licensee, the licensee must deposit the portion of the raffle proceeds owing to the community or charitable organisation under the agreement into a bank account of the community or charitable organisation; and (ii) at the time any money is deposited by the licensee under sub-paragraph (i), provide the community or charitable organisation with a written statement detailing the number of tickets sold during the raffle and the amount of money deposited. 9. Maximum fee For the purposes of section 8.5A.23(2)(e) of the Act, the maximum fee to be paid to a licensee must be fair and reasonable. 10. Auditing of accounts and financial statements An audit conducted under section 8.5A.26(4) of the Act must be undertaken by an auditor who is— (a) a registered company auditor within the meaning of the Corporations Act; or r. 9 -- 5 of 7 -- S.R. No. 38/2006 Gambling Regulation (Commercial Raffle Organisers) Regulations 2006 5 (b) a member of the Institute of Chartered Accountants in Australia, CPA Australia or the National Institute of Accountants; or (c) if the licensee is an incorporated association, a person approved by the Registrar as an auditor under section 30B(1)(d) of the Associations Incorporation Act 1981 for the purposes of section 30B of that Act. ═══════════════ r. 10 -- 6 of 7 -- S.R. No. 38/2006 Gambling Regulation (Commercial Raffle Organisers) Regulations 2006 6 ENDNOTES Fee Units These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2005, is $10.49. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 7 of 7 --