Liquor and Gambling Legislation Amendment Act 2018
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Liquor and Gambling Legislation Amendment
Act 2018
No. 20 of 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 3
3 Principal Act 3
Part 2—Amendment of the Liquor Control Reform Act 1998 4
Division 1—Producer's licences 4
4 Definitions 4
5 What are the categories of licences and permits that may be
issued under this Act? 5
6 Wine and beer producer's licence 5
7 Licence condition—extended hours 5
8 Offences by licensee and permittee 5
9 Taking orders for liquor at unlicensed premises 5
Division 2—Approval, grant or variation of licences or BYO
permit 6
10 New sections 50B and 50C inserted 6
Division 3—Demerit points 7
11 Definitions 7
12 Automatic suspension of licence or permit if certain number of
demerit points incurred 8
13 New section 86HA inserted 8
14 Section 86I substituted and new sections 86IA and 86IB
inserted 9
Division 4—Restaurant and cafe licences 11
15 New section 21A inserted 11
Division 5—Grant of liquor licence or BYO permit—planning
permit 12
16 Determination of uncontested applications 12
17 Determination of contested application 12
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18 New section 49A inserted 13
19 New section 50A inserted 14
Division 6—Alcohol advertising 15
20 New sections 115B and 115C inserted 15
Division 7—RSA certificate 17
21 Definitions 17
22 Criminal liability of officers of bodies corporate—accessorial
liability 17
23 Licensee must keep approved responsible service of alcohol
register 17
24 Licensee must produce approved responsible service of alcohol
program register for inspection 18
25 Power to serve an infringement notice 19
Division 8—Sale, supply of liquor to minor 19
26 Supplying liquor to minors 19
27 New section 119A inserted 21
28 Offences by minors 21
Division 9—Miscellaneous amendments 21
29 What is amenity? 21
30 Reviewable decisions 21
31 Savings and transitional provisions 22
Division 10—Transitional provisions 22
32 New Schedule 5 inserted 22
Part 3—Amendment of the Gambling Regulation Act 2003 24
Division 1—Keno licences 24
33 Definitions 24
34 Section 6A.3.3 substituted 25
35 Section 6A.3.4 substituted 25
36 Application for licence 26
37 Determination of applications 26
38 Prohibition on improper interference 26
39 Prohibition on lobbying in relation to grant of application 27
40 New section 6A.3.11A inserted 27
41 Premium payment 27
42 Transfer of a keno licence 28
43 Definitions 28
44 Secretary may require further information 28
45 Updating information provided to Secretary 28
46 Updating information provided to Minister regarding
registration of interest or licence application 29
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47 Directions to provide information 29
48 Returns to players 30
49 Heading to Division 1A of Part 4 of Chapter 10 amended 30
50 Definitions 31
51 Heading to Division 1C of Part 4 of Chapter 10 amended 31
52 Definitions 31
53 Investigations and inquiries 32
54 Photographs, finger prints and palm prints 32
55 Police inquiry and report 32
56 Commission may require further information 32
57 Updating information 32
58 Costs of investigating 33
59 Service agreement 33
60 Heading to Division 1D of Part 4 of Chapter 10 amended 33
61 Definitions 33
62 Schedule 7 amended 34
Division 2—Loyalty scheme player activity statements 34
63 New section 3.5.35B inserted 34
64 Player activity statements 34
65 New section 3.5.37A inserted 35
66 Suspension of person who fails to collect their player activity
statement 36
Division 3—Harm minimisation directions—wagering service
providers 37
67 New Part 8A inserted 37
Division 4—Miscellaneous amendments 40
68 Division 3 of Part 6 of Chapter 10 repealed 40
69 Gaming machine entitlements that take effect on or after
16 August 2022 and that are transferred during specified period 40
Part 4—Repeal of amending Act 41
70 Repeal of amending Act 41
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Endnotes 42
1 General information 42
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Liquor and Gambling Legislation
Amendment Act 2018 †
No. 20 of 2018
[Assented to 13 June 2018]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The purpose of this Act is to amend—
(a) the Liquor Control Reform Act 1998—
(i) to replace the wine and beer producer's
licence with the producer's licence; and
Victoria
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(ii) to further provide for the grant or
transfer or approval of a licence or a
BYO permit; and
(iii) to further provide for the transfer of
demerit points in respect of a
transferred licence or permit; and
(iv) to further provide for a restaurant and
cafe licence and the taking away from
the licensed premises of liquor supplied
in a resealable container with a meal;
and
(v) to provide for a prohibition on certain
advertising of liquor within 150 metres
of a school; and
(vi) to remove the requirement to keep an
approved responsible service of alcohol
register and to insert a requirement to
keep RSA certificates; and
(vii) to further provide for the prohibition on
the supply of liquor to minors on
licensed premises; and
(viii) to further provide for the restrictions
that apply to the supply of liquor to a
minor in a residence; and
(ix) to provide for an offence to deliver
liquor to a minor off site, in certain
circumstances; and
(x) to make other minor and consequential
amendments; and
(b) the Gambling Regulation Act 2003—
(i) to further provide for the application
process for the keno licence and the
payment of any additional funds out of
the prizes fund to the keno licensee;
and
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(ii) to provide for the extension of the keno
licence; and
(iii) to further provide that player activity
statements are to be given to active
participants of loyalty schemes; and
(iv) to provide for the Minister to give
directions to wagering service providers
regarding matters of minimisation of
harm and consumer protection; and
(v) to make other minor and consequential
amendments.
2 Commencement
(1) This Act (except sections 48 and 68, Part 2 and
Divisions 2 and 3 of Part 3) comes into operation
on the day after the day on which it receives the
Royal Assent.
(2) Subject to subsection (3), sections 48 and 68 and
Part 2 and Divisions 2 and 3 of Part 3 come into
operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 March 2019, it
comes into operation on that day.
3 Principal Act
In this Act, the Liquor Control Reform Act 1998
is called the Principal Act.
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Part 2—Amendment of the Liquor
Control Reform Act 1998
Division 1—Producer's licences
4 Definitions
(1) In section 3(1) of the Principal Act—
(a) in the definition of licensed premises omit
"wine and beer";
(b) in the definition of ordinary trading hours,
in paragraph (d) omit "wine and beer";
(c) in the definition of primary premises omit
"wine and beer";
(d) in the definition of retail premises omit
"wine and beer".
(2) In section 3(1) of the Principal Act insert the
following definition—
"liquor that is the licensee's product means liquor
that is beer, wine, cider or a spirit that—
(a) in the case of beer, has been brewed by
or at the direction of the licensee and
the licensee has assumed the financial
risk of the production of the beer; and
(b) in the case of wine, cider or a spirit that
is brandy—
(i) has been made from fruit grown
by the licensee who has assumed
the financial risk of production; or
(ii) has been made under the direction
of the licensee from fruit grown in
Australia that was not grown by
the licensee who has assumed the
financial risk of the production;
and
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(c) in the case of a spirit that is not
brandy, has been distilled by or at
the direction of the licensee and the
licensee has assumed the financial
risk of the production of the spirit;".
5 What are the categories of licences and permits that
may be issued under this Act?
In section 7(h) of the Principal Act omit
"wine and beer".
6 Wine and beer producer's licence
(1) For the heading to section 13 of the Principal Act
substitute—
"Producer's licence".
(2) In section 13(1) of the Principal Act omit
"wine and beer".
(3) In section 13(2) of the Principal Act omit
"wine and beer".
(4) Section 13(3) of the Principal Act is repealed.
(5) In section 13(4)(b) of the Principal Act, for
"Australian Wine and Brandy Corporation
Act 1980 of the Commonwealth" substitute
"Wine Australia Act 2013 of the Commonwealth".
7 Licence condition—extended hours
In section 17(2)(c) of the Principal Act omit
"wine and beer".
8 Offences by licensee and permittee
In section 108(2)(b) of the Principal Act omit
"wine and beer".
9 Taking orders for liquor at unlicensed premises
In section 109(2)(b) of the Principal Act omit
"wine and beer".
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Division 2—Approval, grant or variation of licences
or BYO permit
10 New sections 50B and 50C inserted
Before section 51 of the Principal Act insert—
"50B Time transfer of licence or BYO permit
takes effect
The transfer of a licence or BYO permit
takes effect on the later of the following—
(a) the date that the application for the
transfer of the licence or BYO permit
is granted;
(b) the date that the proposed transferee
for the transfer of the licence or BYO
permit gains the legal right to occupy
the licensed premises.
50C Notice of right to occupy
(1) If the transfer of a licence or BYO
permit takes effect in accordance with
section 50B(b), the transferee must give a
notice of right to occupy to the Commission
within 24 hours of the transferee gaining the
legal right to occupy the licensed premises.
Penalty: 5 penalty units.
(2) A notice of right to occupy referred to in
subsection (1) must be in the prescribed
form.".
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Division 3—Demerit points
11 Definitions
Before section 86A of the Principal Act insert—
"86AA Definitions
In this Part—
relevant relationship means a relationship
between a transferee and a transferor
that exists as a result of—
(a) the transferee having a financial
interest in, a power or influence
over or with respect to, any
business of the transferor
involving the sale of liquor; or
(b) the transferee being a director,
whether in right of the transferee
or on behalf of any other person,
of any business of the transferor
involving the sale of liquor; or
(c) the transferee being an employee
of the transferor; or
(d) the transferee being engaged as a
contractor by the transferor; or
(e) the transferee who is a natural
person being—
(i) the spouse or domestic
partner of the transferor; or
(ii) a grandparent, parent,
step-parent, uncle, aunt,
son, daughter, sibling,
nephew, niece, grandchild,
or child of the aunt or uncle
of the transferor; or
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(iii) a grandparent, parent,
step-parent, uncle, aunt,
son, daughter, sibling,
nephew, niece, grandchild,
or child of the aunt or uncle
of the spouse or domestic
partner of the transferor;
sibling means a brother, sister, half-brother,
half-sister, adoptive brother, adoptive
sister, step-brother or step-sister;
transferee means a person to whom a licence
or permit is transferred on the grant of
an application under section 44 or 47;
transferor means a licensee or permittee of
a licence or permit transferred on the
grant of an application under section 44
or 47.".
12 Automatic suspension of licence or permit if certain
number of demerit points incurred
In section 86E(4) of the Principal Act, for "date of
suspension" substitute "date of suspension other
than any demerit point reinstated in accordance
with section 86IA".
13 New section 86HA inserted
After section 86H of the Principal Act insert—
"86HA Demerit points automatically removed on
transfer of licence or permit
(1) Subject to subsection (2), the Commission
must remove any demerit points from the
Register accrued in respect of a licence or
permit on the day that an application for the
transfer of the licence or permit is granted
under section 44 or 47.
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(2) The Commission must not remove any
demerit points from the Register if the
Commission is satisfied that the transferee
has a relevant relationship with the
transferor.".
14 Section 86I substituted and new sections 86IA
and 86IB inserted
For section 86I of the Principal Act substitute—
"86I Commission may remove demerit points
of transferee who has relevant
relationship
(1) A transferee who has a relevant relationship
with the transferor may apply to the
Commission for the removal of any demerit
points from the Register accrued in respect
of the licence or permit before the transfer.
(2) An application under subsection (1) must be
accompanied by the prescribed fee.
(3) The Commission must not remove any
demerit points under subsection (1) unless
the Commission is satisfied that the
transferee has taken sufficient measures in
respect of the licence or permit to improve
compliance with this Act.
(4) For the purposes of subsection (3), factors
that the Commission may consider include,
but are not limited to, evidence of a change
of management practices or staff training.
86IA Reinstatement of removed demerit points
in the Register
(1) The Commission, on being satisfied
that a transferee was wrongly stated in
an application as not having a relevant
relationship with the transferor on the
day that the application for the transfer
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of the licence or permit was granted
under section 44 or 47, must reinstate any
demerit points removed from the Register
under section 86HA.
(2) For the purposes of being satisfied
as mentioned in subsection (1) the
Commission—
(a) may consider the information not
previously before the Commission;
and
(b) must consider any submissions made
by the transferee in accordance with
section 86IB.
(3) On the reinstatement of any demerit points in
the Register—
(a) the demerit points against a licence or
permit is taken to have been recorded
as if it had not been removed; and
(b) the demerit points must be reinstated
in the Register in relation to the day
the offence that is the basis of the
non-compliance incident to which
the demerit points relate is alleged
to have been committed; and
(c) any automatic suspension of a licence
or permit by the Commission under
section 86E applies as if the demerit
points had not been removed.
86IB Notice of proposed reinstatement of
demerit points and determination
(1) If the Commission proposes to reinstate
any demerit points in the Register under
section 86IA, the Commission must give
written notice of the proposal to the
transferee that—
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(a) states the Commission's intention to
reinstate the removed demerit points
in the Register in respect of the
transferred licence or permit; and
(b) specifies the information that the
Commission has considered; and
(c) invites the transferee to make written
submissions to the Commission; and
(d) specifies the date within which
submissions should be made by
the transferee to the Commission.
(2) The Commission may determine whether
or not to reinstate any removed demerit
points after the date specified in a notice
given under subsection (1) by considering—
(a) the information referred to in
subsection (1)(b); and
(b) any submission made by the
transferee.".
Division 4—Restaurant and cafe licences
15 New section 21A inserted
After section 21 of the Principal Act insert—
"21A Taking away of unconsumed liquor from
licensed premises
(1) A licensee who holds a restaurant and cafe
licence may permit a person of or over the
age of 18 years, to take away from the
licensed premises the unconsumed liquor
supplied to the person for consumption with
a meal at a table in the same resealable
container in which the liquor was supplied.
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(2) The licensee must not permit under
subsection (1) more than one resealable
container of the liquor supplied to the
person to be taken away.".
Division 5—Grant of liquor licence or
BYO permit—planning permit
16 Determination of uncontested applications
After section 44(1) of the Principal Act insert—
"(1A) In addition to subsection (1), the
Commission must not delay the grant
or the refusal to grant an uncontested
application on the ground that an
application for a permit made under the
Planning and Environment Act 1987
to permit the use of the premises to
which the application relates is not yet
determined.
Note
See section 16(2) that provides that the licence
and BYO permit condition relating to compliance
with the planning scheme under the Planning
and Environment Act 1987 does not apply to a
pre-retail licence, a limited licence or a major event
licence.".
17 Determination of contested application
After section 47(1) of the Principal Act insert—
"(1A) In addition to subsection (1), the
Commission must not delay the grant or
the refusal to grant a contested application
on the ground that an application for a
permit made under the Planning and
Environment Act 1987 to permit the use
of the premises to which the application
relates is not yet determined.
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Note
See section 16(2) that provides that the licence
and BYO permit condition relating to compliance
with the planning scheme under the Planning
and Environment Act 1987 does not apply to a
pre-retail licence, a limited licence or a major event
licence.".
18 New section 49A inserted
After section 49 of the Principal Act insert—
"49A Grant, variation or relocation of licence
and BYO permit takes effect in certain
circumstances
(1) Subject to subsection (2), the grant, variation
or relocation of a licence or BYO permit
takes effect on the day on which—
(a) an application for a permit made
under the Planning and Environment
Act 1987 to permit the use of the
premises to which the grant, variation
or relocation relates is granted; or
(b) other evidence from the relevant
responsible authority or planning
authority that use of the premises to
which the grant, variation or relocation
relates would not contravene the
planning scheme that applies under the
Planning and Environment Act 1987
is given to the Commission.
(2) The day on which a grant, variation or
relocation takes effect under subsection (1)
must be a day that is within the 12 month
period beginning on the day of the grant,
variation or relocation of the licence or
BYO permit and ending on the day that
is 12 months after the grant, variation or
relocation of the licence or BYO permit.
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(3) This section does not apply to—
(a) a grant, variation or relocation of a
licence or BYO permit if the premises
to which the licence or BYO permit
relates is on the day of the grant,
variation or relocation the subject of a
permit that is in force and made under
the Planning and Environment
Act 1987 that permits the use of the
premises under the grant, variation or
relocation; or
(b) a pre-retail licence, a limited licence or
a major event licence.
49B Supply of liquor under licence or
BYO permit that is not in effect
(1) A licensee who supplies liquor under a
licence that is not in effect in accordance
with section 49A, is taken not to be a
licensee for the purposes of section 107.
(2) If a BYO permit is not in effect in
accordance with section 49A, it is taken not
to be in force in respect of any premises for
the purposes of section 113(1B) or (1C).".
19 New section 50A inserted
After section 50 of the Principal Act insert—
"50A Notice of right to use premises as licensed
premises
(1) If the grant, variation or relocation of a
licence or BYO permit takes effect in
accordance with section 49A, the licensee
or permittee must give a notice of right to
use premises to the Commission within
7 days of the licensee or permittee gaining
the legal right to use the premises as licensed
premises.
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(2) A notice of right to use premises referred to
in subsection (1) must be in the prescribed
form.".
Division 6—Alcohol advertising
20 New sections 115B and 115C inserted
After section 115A of the Principal Act insert—
"115B Certain advertising prohibited within
150 metres of school
(1) A person must not for any direct or indirect
pecuniary benefit display, or cause to be
displayed, any alcohol advertising that is
static advertising within 150 metres of the
perimeter of a school.
Penalty: 120 penalty units.
(2) Subsection (1) does not apply if a person
displays, or causes to be displayed, alcohol
advertising that is static advertising within
150 metres of the perimeter of a school that
is—
(a) a logo, emblem or product name on a
building that is occupied by a person
conducting a business that is associated
with the supply of liquor; or
(b) alcohol advertising within a licensed
premises or on an exterior of a licensed
premises; or
(c) alcohol advertising on an item of
clothing worn by a person; or
(d) alcohol advertising on a vehicle that is
in the reasonable transit through an area
within 150 metres of a school to travel
to a destination; or
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(e) alcohol advertising at a sporting ground
or a racecourse.
(3) In this section—
alcohol advertising means any information,
term, expression, symbol or other thing
that gives publicity to, or otherwise
promotes liquor;
school has the same meaning as it has in
the Education and Training Reform
Act 2006;
static advertising includes, but is not limited
to—
(a) static advertising displays,
including but not limited to
billboards, banners, hoardings,
signs, images or rolling static
displays; and
(b) digital billboards and panels,
including those that display
moving or video images; and
(c) moveable billboards and
displays—
but does not include advertising using
the following—
(d) broadcast television, radio or
digital media such as websites or
social media;
(e) commercial print media such as
magazines and newspapers.
115C No compensation
No compensation is payable by the State in
respect of any loss, damage or injury of any
kind suffered by a person as a result of
section 115B.".
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Division 7—RSA certificate
21 Definitions
(1) In section 3(1) of the Principal Act, the definition
of approved responsible service of alcohol
program register is repealed.
(2) In section 3(1) of the Principal Act insert the
following definition—
"RSA certificate means a document that is a
copy of the most recent certificate or report
evidencing completion of an approved
responsible service of alcohol program
issued to—
(a) the licensee or responsible person; or
(b) each person who sells, offers for
sale or serves liquor on the licensed
premises;".
22 Criminal liability of officers of bodies corporate—
accessorial liability
After section 53A(2)(p) of the Principal Act
insert—
"(pa) section 108AE(3);".
23 Licensee must keep approved responsible service of
alcohol register
(1) In the heading to section 108AD of the
Principal Act, for "approved responsible
service of alcohol register" substitute
"RSA certificates".
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(2) For section 108AD(2) of the Principal Act
substitute—
"(2) The licensee must keep at the licensed
premises RSA certificates that demonstrate
the requirements under sections 26B,
108AA, 108AB and 108AC have been
satisfied.
Penalty: 5 penalty units.
Note
Section 53A applies to an offence against this
subsection.".
(3) Section 108AD(3) of the Principal Act is
repealed.
24 Licensee must produce approved responsible service
of alcohol program register for inspection
(1) In the heading to section 108AE of the
Principal Act, for "approved responsible
service of alcohol program register"
substitute "RSA certificates".
(2) In section 108AE(2) of the Principal Act,
for "the approved responsible service of
alcohol program register" substitute
"any RSA certificates".
(3) After section 108AE(2) of the Principal Act
insert—
"(3) The licensee must give the following
information, on being asked to do so by
a police officer or a gambling and liquor
inspector—
(a) the licensee's name, and if the licensee
is a body corporate the name of the
responsible person;
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(b) the name of each person who sells,
offers for sale or serves liquor on the
licensed premises and the date on
which each person first sold, offered
for sale or served liquor on the licensed
premises;
(c) any prescribed information or
document.
Penalty: 5 penalty units.
Note
Section 53A applies to an offence against this
subsection.".
25 Power to serve an infringement notice
(1) In section 141(2)(eae) of the Principal Act, for
"approved responsible service of alcohol register"
substitute "RSA certificates".
(2) For section 141(2)(eaf) of the Principal Act
substitute—
"(eaf) section 108AE(2) (licensee must produce
RSA certificates for inspection);
(eag) section 108AE(3) (licensee must give
information to police officer or a gambling
and liquor inspector);".
Division 8—Sale, supply of liquor to minor
26 Supplying liquor to minors
(1) Section 119(5)(a), (b) and (c) of the Principal Act
are repealed.
(2) For section 119(5)(e) of the Principal Act
substitute—
"(e) to the supply of liquor in a residence to a
minor by an adult if the adult is able to
demonstrate responsible supervision of the
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supply of the liquor to the minor, taking into
account factors that include—
(i) the age of the minor; and
(ii) whether or not the person supplying the
liquor to the minor is intoxicated; and
(iii) whether or not the minor consumes
food with the liquor; and
(iv) whether or not the person supplying the
liquor is providing supervision of the
minor's consumption of the liquor; and
(v) the quantity and type of liquor supplied
and the period of time over which the
liquor is supplied; and
(vi) whether or not the minor is
intoxicated.".
(3) After section 119(5) of the Principal Act insert—
"(5A) In subsection (5)(e)—
adult means a person who is—
(a) the minor's parent, guardian or
spouse (if the spouse is of or
over 18 years of age); or
(b) authorised to supply liquor to
the minor by the minor's parent,
guardian or spouse (if the spouse
is of or over 18 years of age);
minor means a person who is under the age
of 18 years.".
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27 New section 119A inserted
After section 119 of the Principal Act insert—
"119A Person must not deliver liquor to a person
who is under 18 years of age
(1) Subject to subsection (2), a person who
makes a delivery must not, without
reasonable excuse, knowingly deliver liquor
to a person who is under 18 years of age.
Penalty: 120 penalty units.
(2) It is a reasonable excuse for the purposes of
subsection (1), that the person making a
delivery has seen an evidence of age
document of the person receiving the
delivery indicating that the person is of or
over the age of 18 years.".
28 Offences by minors
(1) Section 123(2)(a), (b), (c) and (f) of the Principal
Act are repealed.
(2) In section 123(2)(e) of the Principal Act, for
"residence; or" substitute "residence.".
(3) Section 123(3) of the Principal Act is repealed.
Division 9—Miscellaneous amendments
29 What is amenity?
Section 3A(2)(a), (b) and (c) of the Principal Act
are repealed.
30 Reviewable decisions
In section 152 of the Principal Act, item 8 in the
table is repealed.
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31 Savings and transitional provisions
After section 182(2) of the Principal Act insert—
"(3) Schedule 5 has effect.".
Division 10—Transitional provisions
32 New Schedule 5 inserted
After Schedule 4 to the Principal Act insert—
"Schedule 5—Transitional
provisions—Liquor and Gambling
Legislation Amendment Act 2018
Section 182
1 Wine and beer producer's licence
On and from the commencement of
section 6 of the Liquor and Gambling
Legislation Amendment Act 2018, any
wine and beer producer's licence that
was in force immediately before that
commencement is taken to continue in
force (subject to any conditions on which it
was granted or any conditions as varied or
imposed on it) as if it were a producer's
licence.
2 Application for transfer of licence
Sections 50B and 50C as in force on or
after the commencement of section 10 of
the Liquor and Gambling Legislation
Amendment Act 2018 apply to an
application for the transfer of a licence made
under section 32 before that commencement
in respect of which the Commission has not
made a determination.
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3 Alcohol advertising
(1) On and from the commencement of
section 20 of the Liquor and Gambling
Legislation Amendment Act 2018,
section 115B does not apply for a period
of 2 years after 28 March 2018 to any
advertising displayed under an alcohol
advertising contract entered into before
28 March 2018.
(2) In this clause—
alcohol advertising contract means a
contract or agreement entered into
for the purpose of the display of any
information, term, expression, symbol
or other thing that gives publicity to,
or otherwise promotes, liquor.
4 Approved responsible service of alcohol
program register
On and from the commencement of
Division 7 of Part 2 of the Liquor and
Gambling Legislation Amendment
Act 2018, any licence that was in force
immediately before that commencement is
taken to continue in force as if any condition
on which it was granted or any condition as
varied or imposed on it to keep an approved
responsible service of alcohol program
register were a condition to keep RSA
certificates.".
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Part 3—Amendment of the Gambling
Regulation Act 2003
Division 1—Keno licences
33 Definitions
(1) In section 6A.3.1AA of the Gambling
Regulation Act 2003 in the definition of
interested person—
(a) in paragraph (a) omit "a registrant or";
(b) in paragraph (b) omit "of a registrant or";
(c) in paragraph (c) omit "a registrant or"
(where twice occurring).
(2) In section 6A.3.1AA of the Gambling
Regulation Act 2003, for the definition of
licence awarding process substitute—
"licence awarding process means the following—
(a) the preparation or making of a
recommendation or report under this
Act in relation to an application for a
keno licence;
(b) the Minister's determination whether to
grant or refuse an application under
section 6A.3.7;
(c) anything that may be or is required to
be done under the Act by the Minister
for the purpose of making a
determination under section 6A.3.7;".
(3) In section 6A.3.1AA of the Gambling
Regulation Act 2003, in the definition of lobbyist
in paragraph (b) for "client;" substitute "client.".
(4) In section 6A.3.1AA of the Gambling
Regulation Act 2003, the definition of registrant
is repealed.
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34 Section 6A.3.3 substituted
For section 6A.3.3 of the Gambling Regulation
Act 2003 substitute—
"6A.3.3 Minister may invite applications
(1) The Minister may invite a person that is a
body corporate to apply for the keno licence.
(2) The Minister may take into account any
other matter in deciding whether to invite a
person to apply for the keno licence.".
35 Section 6A.3.4 substituted
For section 6A.3.4 of the Gambling Regulation
Act 2003 substitute—
"6A.3.4 Secretary may report on suitability of
persons Minister is considering to invite to
apply for keno licence
(1) If requested by the Minister, the Secretary
must give a written report to the Minister in
relation to a person the Minister is
considering inviting to apply for the keno
licence.
(2) A report may include any recommendations
the Secretary thinks fit.
(3) The report must include the reasons for any
findings or recommendations contained in it.
6A.3.4A Consent required for reports and
investigation
(1) For the purpose of preparing a report under
section 6A.3.4 or 6A.3.6 to give to the
Minister and for investigations and inquiries
to be carried out under Division 1C of Part 4
of Chapter 10 for the purpose of preparing a
report under section 6A.3.4 or 6A.3.6, the
Secretary must obtain the written consent
of—
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(a) a possible invitee or pending applicant;
and
(b) any other person the Secretary
considers relevant to the consideration
by the Minister of whether—
(i) to invite a possible invitee to
apply for the keno licence; or
(ii) a pending applicant should be
granted the keno licence under
this Division.
(2) In this section—
pending applicant means a person the
Minister has invited to apply for the
keno licence but that has not applied for
the keno licence under section 6A.3.5;
possible invitee means a person the Minister
is considering inviting to apply for the
keno licence.".
36 Application for licence
(1) In section 6A.3.5(1) of the Gambling Regulation
Act 2003, for "6A.3.3(7)" substitute "6A.3.3(1)".
(2) In the note at the foot of section 6A.3.5 of
the Gambling Regulation Act 2003, for
"Division 1A" substitute "Division 1D".
37 Determination of applications
Section 6A.3.7(2)(h) of the Gambling Regulation
Act 2003 is repealed.
38 Prohibition on improper interference
(1) In section 6A.3.7A(1) of the Gambling
Regulation Act 2003—
(a) omit "a registration of interest or"; and
(b) omit "registration of interest or".
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(2) In section 6A.3.7A(2) of the Gambling
Regulation Act 2003—
(a) omit "a registration of interest or";
(b) omit "registration of interest or"
(where twice occurring).
39 Prohibition on lobbying in relation to grant of
application
In section 6A.3.7B(2) of the Gambling
Regulation Act 2003 omit "a registration of
interest or".
40 New section 6A.3.11A inserted
After section 6A.3.11 of the Gambling
Regulation Act 2003 insert—
"6A.3.11A Extension of licence
(1) If invited by the Minister to do so, the keno
licensee may apply to the Minister, before
the keno licence expires, for a licence
extension.
(2) On an application under subsection (1), the
Minister may extend the term of the keno
licence for a period of up to 2 years.
(3) The term of the keno licence may be
extended only once.".
41 Premium payment
(1) After section 6A.3.13(2) of the Gambling
Regulation Act 2003 insert—
"(2A) If the Minister extends the keno licence
under section 6A.3.11A(2), the Minister
may require the keno licensee to pay, as
consideration for the extension of the
licence, one or more amounts determined by
the Minister as the premium payment for the
extension of the licence.".
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(2) In section 6A.3.13(3) of the Gambling
Regulation Act 2003, after "premium payment"
insert "for the keno licence or the extension of the
keno licence".
42 Transfer of a keno licence
(1) Section 6A.3.18(2)(b) of the Gambling
Regulation Act 2003 is repealed.
(2) Section 6A.3.18(3)(h) of the Gambling
Regulation Act 2003 is repealed.
43 Definitions
In section 6A.3.35 of the Gambling Regulation
Act 2003—
(a) in the definition of interested person—
(i) paragraph (b) is repealed;
(ii) in paragraph (c) omit "or registrant";
(iii) in paragraph (d), for "applicant or
registrant;" substitute "applicant.";
(b) the definitions of registrant and registration
of interest are repealed.
44 Secretary may require further information
In section 6A.3.36 of the Gambling Regulation
Act 2003 omit "or registration of interest"
(wherever occurring).
45 Updating information provided to Secretary
(1) In section 6A.3.37(1)(b) of the Gambling
Regulation Act 2003 omit "or the Minister
decides whether or not to invite the registrant to
apply for the licence (as the case requires)".
(2) In section 6A.3.37(2) of the Gambling
Regulation Act 2003 omit "or registration of
interest".
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46 Updating information provided to Minister
regarding registration of interest or licence
application
(1) In the heading to section 6A.3.38 of the
Gambling Regulation Act 2003 omit
"registration of interest or".
(2) Section 6A.3.38(1) of the Gambling Regulation
Act 2003 is repealed.
(3) In section 6A.3.38 of the Gambling Regulation
Act 2003 for "subsection (1) or (2)" (wherever
occurring) substitute "subsection (2)".
(4) In section 6A.3.38(4) of the Gambling
Regulation Act 2003 for "registration of interest
or application (as the case requires)" substitute
"application".
(5) In section 6A.3.38(5) of the Gambling
Regulation Act 2003 omit "registration of
interest or".
(6) In section 6A.3.38(6) of the Gambling
Regulation Act 2003, the definition of relevant
registration information is repealed.
47 Directions to provide information
In section 6A.3.39A(3) of the Gambling
Regulation Act 2003—
(a) in paragraph (a), for "register an interest in
the grant of a" substitute "the Minister is
considering to invite to apply for the";
(b) after paragraph (a) insert—
"(ab) persons who are invited to apply for the
keno licence under this Part;";
(c) in paragraph (b), for "a keno licence"
substitute "the keno licence".
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48 Returns to players
For section 6A.4.1(1) and (2) of the Gambling
Regulation Act 2003 substitute—
"(1) The keno licensee must establish a prizes
fund.
(2) The keno licensee must pay to the prizes
fund—
(a) an amount not less than 75% of the
total amount received by the licensee
for any keno game; and
(b) any additional amount (licensee
payment) required for the payment of a
prize to be made from the prizes fund.
(2A) The keno licensee must ensure a total
payment of prizes to players from the prizes
fund is made that gives a minimum return to
players, in respect of keno games conducted
under the keno licence, of not less than 75%
of the total amount paid by players to play
keno games during the term of the licence.
(2B) Subject to subsection (2A), an amount may
be paid from the prizes fund to the keno
licensee that is equal to the amount of a
licensee payment that has formed part of a
prize paid from the prizes fund.".
49 Heading to Division 1A of Part 4 of Chapter 10
amended
In the heading to Division 1A of Part 4 of
Chapter 10 of the Gambling Regulation
Act 2003 omit "and keno licence".
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50 Definitions
In section 10.4.7A of the Gambling Regulation
Act 2003 for the definition of relevant licence
substitute—
"relevant licence means a wagering and betting
licence.".
51 Heading to Division 1C of Part 4 of Chapter 10
amended
In the heading to Division 1C of Part 4 of
Chapter 10 of the Gambling Regulation
Act 2003, after "apply, for" insert "keno
licence or".
52 Definitions
In section 10.4.7P of the Gambling Regulation
Act 2003—
(a) for the definition of pending applicant
substitute—
"pending applicant means a person the
Minister has invited to apply for a
relevant licence but that has not applied
for the relevant licence under section
3.4.42 or section 6A.3.5 (as the case
requires);";
(b) in the definition of possible invitee, for
"monitoring" substitute "relevant";
(c) in the definition of related party in paragraph
(c), for "applicant." substitute "applicant;";
(d) insert the following definition—
"relevant licence means—
(a) the monitoring licence; or
(b) the keno licence.".
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53 Investigations and inquiries
In section 10.4.7Q(1)(a) of the Gambling
Regulation Act 2003, for "monitoring licence"
(wherever occurring) substitute "relevant
licence".
54 Photographs, finger prints and palm prints
(1) In section 10.4.7R(4) of the Gambling
Regulation Act 2003, for "monitoring licence"
(wherever occurring) substitute "relevant
licence".
(2) In section 10.4.7R(6)(b) of the Gambling
Regulation Act 2003, for "monitoring licence"
(wherever occurring) substitute "relevant
licence".
55 Police inquiry and report
In section 10.4.7S(3) of the Gambling
Regulation Act 2003, for "monitoring licence"
(wherever occurring) substitute "relevant
licence".
56 Commission may require further information
In section 10.4.7T(3) of the Gambling
Regulation Act 2003, for "monitoring licence"
(where twice occurring) substitute "relevant
licence".
57 Updating information
In section 10.4.7U(1)(b) of the Gambling
Regulation Act 2003, for "monitoring licence"
(where twice occurring) substitute "relevant
licence".
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58 Costs of investigating
In section 10.4.7V(2) of the Gambling
Regulation Act 2003, for "monitoring licence"
substitute "relevant licence".
59 Service agreement
In section 10.4.7W(2)(c) of the Gambling
Regulation Act 2003, for "monitoring licence"
(wherever occurring) substitute "relevant
licence".
60 Heading to Division 1D of Part 4 of Chapter 10
amended
In the heading to Division 1D of Part 4 of Chapter
10 of the Gambling Regulation Act 2003, after
"for" insert "keno licence or".
61 Definitions
In section 10.4.7Y of the Gambling Regulation
Act 2003—
(a) in the definition of applicant, for
"monitoring" substitute "relevant";
(b) in the definition of application, for
"monitoring" substitute "relevant";
(c) in paragraph (d) of the definition of
interested person, for "applicant." substitute
"applicant;";
(d) insert the following definition—
"relevant licence means—
(a) the keno licence; or
(b) a monitoring licence.".
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62 Schedule 7 amended
At the end of Schedule 7 to the Gambling
Regulation Act 2003 insert—
"Part 34—Liquor and Gambling
Legislation Amendment Act 2018
34.1 Existing keno licence
Despite the amendment of section 6A.3.18
by section 42 of the Liquor and Gambling
Legislation Amendment Act 2018, section
6A.3.18 as in force immediately before the
commencement of section 42 of that Act,
continues to apply to the keno licence that
is in effect immediately before that
commencement.".
Division 2—Loyalty scheme player
activity statements
63 New section 3.5.35B inserted
Before section 3.5.36 of the Gambling
Regulation Act 2003 insert—
"3.5.35B Definition
In this Division—
active participant means a person who
played a gaming machine under a
loyalty scheme during the statement
period of a player activity statement
to be provided in accordance with
section 3.5.37.".
64 Player activity statements
(1) In the heading to section 3.5.37 of the Gambling
Regulation Act 2003, for "statements"
substitute "statements—active participants".
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(2) In section 3.5.37(1) of the Gambling Regulation
Act 2003—
(a) for "each participant in the scheme"
substitute "each active participant";
(b) for "the participant" (wherever occurring)
substitute "the active participant".
(3) In section 3.5.37(2) of the Gambling Regulation
Act 2003, for "the participant" (where twice
occurring) substitute "the active participant".
(4) In section 3.5.37(3) of the Gambling Regulation
Act 2003, for "the participant" substitute "the
active participant".
(5) In section 3.5.37(4) of the Gambling Regulation
Act 2003—
(a) for "a participant" substitute "an active
participant";
(b) for "the participant" substitute "the active
participant".
65 New section 3.5.37A inserted
After section 3.5.37 of the Gambling Regulation
Act 2003 insert—
"3.5.37A Player activity statement—participants
who are not active participants
(1) A participant in a loyalty scheme, who is not
an active participant, may request the loyalty
scheme provider to provide a player activity
statement to the participant in the same form
and manner set out in section 3.5.37.
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(2) The loyalty scheme provider must provide
the player activity statement to the
participant—
(a) free of charge for a first request made
under subsection (1) for that statement;
or
(b) on the payment of a fee (if any), not
exceeding $20, determined by the
provider, if a subsequent request is
made under subsection (1) for an
additional copy of that statement.".
66 Suspension of person who fails to collect their player
activity statement
(1) In section 3.5.38(1) of the Gambling Regulation
Act 2003, for "a participant" substitute "an active
participant".
(2) In section 3.5.38(2) of the Gambling Regulation
Act 2003—
(a) for "a participant" substitute "an active
participant";
(b) for "the participant" (wherever occurring)
substitute "the active participant".
(3) In section 3.5.38(3) of the Gambling Regulation
Act 2003—
(a) for "a participant" substitute "an active
participant";
(b) for "the participant" (where twice occurring)
substitute "the active participant".
(4) In section 3.5.38(4) of the Gambling Regulation
Act 2003, for "a participant" substitute "an active
participant".
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Division 3—Harm minimisation directions—
wagering service providers
67 New Part 8A inserted
After Part 8 of Chapter 4 of the Gambling
Regulation Act 2003 insert—
"Part 8A—Harm minimisation
directions—wagering service
providers
4.8A.1 Definitions
In this Part—
harm minimisation direction means a
direction made or varied under
section 4.8A.2;
harm minimisation requirement means a
matter under section 4.8A.3 that may be
specified in a harm minimisation
direction.
4.8A.2 Harm minimisation direction
(1) The Minister may direct a wagering service
provider to meet a specified harm
minimisation requirement by notice
published in the Government Gazette.
(2) The Minister must not give a direction under
subsection (1) unless the Minister is satisfied
it is in the public interest to do so.
(3) The Minister may vary or revoke a direction
by notice published in the Government
Gazette.
(4) A direction under subsection (1) including a
variation or revocation of the direction,
applies on and from the publication of the
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notice in the Government Gazette or on any
later date specified in the direction.
(5) A direction remains in force until it is
revoked by the Minister.
4.8A.3 Harm minimisation requirement matters
(1) A harm minimisation direction may specify
all or any of the following matters in relation
to a wagering service provider—
(a) any matter that the wagering service
provider must comply with in relation
to the minimisation of harm or
consumer protection;
(b) how the wagering service provider
must comply with any matter in relation
to the minimisation of harm or
consumer protection;
(c) that the wagering service provider must
comply with the whole or part of the
requirements set out in a prescribed
document;
(d) how the wagering service provider
must meet any of the requirements set
out in a prescribed document.
(2) A harm minimisation direction may—
(a) apply generally or be of limited
application; or
(b) apply differently according to
differences in time, place or
circumstance.
4.8A.4 Tabling and disallowance
(1) The Minister must ensure that a harm
minimisation direction or a variation or a
revocation of a harm minimisation direction
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is tabled in each House of the Parliament on
or before the sixth sitting day after—
(a) the date on which the notice of the
harm minimisation direction is
published in the Government Gazette
under section 4.8A.2(4); or
(b) the date on which notice of the
variation or revocation is published in
the Government Gazette under section
4.8A.2(4).
(2) A harm minimisation direction or a variation
or a revocation of a harm minimisation
direction may be disallowed by the
Parliament.
(3) If a harm minimisation direction or a
variation or a revocation of a direction is
disallowed by the Parliament, no direction,
variation or revocation of a direction which
is the same in substance as the disallowed
direction, variation or revocation of a
direction may be made within 6 months after
the date of the disallowance unless it is made
with the approval of the Parliament.
(4) Any harm minimisation direction or a
variation or a revocation of a direction made
in contravention of subsection (3) is void and
of no effect.
4.8A.5 Act prevails over harm minimisation
direction
A harm minimisation direction is of no effect
to the extent that it is inconsistent with this
Act.
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4.8A.6 Offence to not comply with a harm
minimisation direction
A wagering service provider must comply
with a harm minimisation direction that
applies to the wagering service provider.
Penalty: 60 penalty units.".
Division 4—Miscellaneous amendments
68 Division 3 of Part 6 of Chapter 10 repealed
Division 3 of Part 6 of Chapter 10 of the
Gambling Regulation Act 2003 is repealed.
69 Gaming machine entitlements that take effect on or
after 16 August 2022 and that are transferred
during specified period
In section 3.4A.18A(3) of the Gambling
Regulation Act 2003, for "HAP – AP" substitute
"HAP – SP".
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Part 4—Repeal of amending Act
70 Repeal of amending Act
This Act is repealed on 1 March 2020.
Note
The repeal of this Act 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
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 28 March 2018
Legislative Council: 10 May 2018
The long title for the Bill for this Act was "A Bill for an Act to amend the
Gambling Regulation Act 2003, the Liquor Control Reform Act 1998,
and for other purposes."
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