Gambling Legislation Amendment Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Gambling Legislation Amendment Act 2015 No. 58 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Casino Control Act 1991 3 3 Definitions 3 4 Compulsory training for special employees in relation to gaming machines 3 5 New section 58B inserted 4 6 New section 173 inserted 5 Part 3—Gambling Regulation Act 2003 6 7 Venue operators to pay supervision charge 6 8 Section 3.8A.25 substituted and new section 3.8A.25A inserted 6 9 Section 9A.1.18 substituted 7 10 Functions of Commission 9 11 Supreme Court—limitation of jurisdiction 9 12 Regulations 9 13 Schedule 1 amended 9 Part 4—Victorian Responsible Gambling Foundation Act 2011 10 14 Functions of the Foundation 10 15 New section 7A inserted 10 16 Chief executive officer 11 17 Terms of appointment of the chief executive officer 11 18 New Part 3 inserted 12 Part 5—Repeal of amending Act 13 19 Repeal of amending Act 13 ═══════════════ Endnotes 14 1 General information 14 -- 1 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Gambling Legislation Amendment Act 2015 † No. 58 of 2015 [Assented to 18 November 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Casino Control Act 1991 in relation to— (i) a person who is excluded from an interstate casino; and (ii) the training of special employees; and Victoria -- 2 of 15 -- Part 1—Preliminary Gambling Legislation Amendment Act 2015 No. 58 of 2015 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Gambling Regulation Act 2003 in relation to— (i) compulsory training for certain gaming industry employees; and (ii) the disclosure of pre-commitment information; and (c) to amend the Victorian Responsible Gambling Foundation Act 2011— (i) to empower the Victorian Responsible Gambling Foundation to impose and collect fees and charges in relation to education and information programs; and (ii) to confer new functions on the Victorian Responsible Gambling Foundation; and (iii) to empower the Board of the Victorian Responsible Gambling Foundation to appoint and dismiss the chief executive officer of the Foundation. 2 Commencement (1) This Part and sections 3, 8 and 11 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act 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 September 2016, it comes into operation on that day. -- 3 of 15 -- Part 2—Casino Control Act 1991 Gambling Legislation Amendment Act 2015 No. 58 of 2015 3 Authorised by the Chief Parliamentary Counsel Part 2—Casino Control Act 1991 3 Definitions In section 3(1) of the Casino Control Act 1991, for the definition of interstate exclusion order substitute— "interstate exclusion order means an order, direction or notice that is made or given by an interstate Chief Commissioner and that either— (a) excludes a person from an interstate casino or a part of an interstate casino; or (b) requires another person to exclude a person (whether by order, direction, notice or otherwise) from an interstate casino or a part of an interstate casino;". 4 Compulsory training for special employees in relation to gaming machines For section 58A(4) of the Casino Control Act 1991 substitute— "(4) In this section— approved refresher course means a refresher course approved by the Commission under section 58B(1); approved training course means a training course approved by the Commission under section 58B(1).". -- 4 of 15 -- Part 2—Casino Control Act 1991 Gambling Legislation Amendment Act 2015 No. 58 of 2015 4 Authorised by the Chief Parliamentary Counsel 5 New section 58B inserted After section 58A of the Casino Control Act 1991 insert— "58B Commission may approve training courses and refresher courses (1) The Commission, from time to time, may approve a course that relates to the responsible provision of gaming as either— (a) a training course for the purposes of section 58A; or (b) a refresher course for the purposes of section 58A. (2) An approval under subsection (1) is to be made by instrument. (3) An approval under subsection (1) remains in force for 5 years unless sooner revoked. (4) An application for the renewal of an approval under subsection (1) may be made to the Commission before the expiry of the approval. (5) An application under subsection (4) may be made by— (a) the casino operator; or (b) the person who provides the course in relation to which the application is made. (6) Despite subsection (3), an approval under subsection (1) that is the subject of an application under subsection (4) does not expire until the Commission determines the application. -- 5 of 15 -- Part 2—Casino Control Act 1991 Gambling Legislation Amendment Act 2015 No. 58 of 2015 5 Authorised by the Chief Parliamentary Counsel (7) If the Commission grants an application under subsection (4), the renewed approval is taken to have been made 5 years after the previous approval was made and must be dated accordingly.". 6 New section 173 inserted After section 172 of the Casino Control Act 1991 insert— "173 Transitional provisions—Gambling Legislation Amendment Act 2015 An approval that is in force immediately before the commencement of section 5 of the Gambling Legislation Amendment Act 2015 under section 9A.1.18(3) of the Gambling Regulation Act 2003 as in force immediately before that commencement is taken, on and after that day, to be an approval under section 58B(1).". -- 6 of 15 -- Part 3—Gambling Regulation Act 2003 Gambling Legislation Amendment Act 2015 No. 58 of 2015 6 Authorised by the Chief Parliamentary Counsel Part 3—Gambling Regulation Act 2003 7 Venue operators to pay supervision charge For section 3.6.5A(3) of the Gambling Regulation Act 2003 substitute— "(3) The supervision charge is such amount in respect of each financial year as the Treasurer, after consultation with the Minister, determines having regard to— (a) the reasonable costs and expenses in respect of the financial year incurred by the Commission in carrying out its functions and powers under this Act in respect of gaming; and (b) the reasonable costs and expenses in respect of the financial year incurred by the Department administered by the Minister in providing training courses for the purpose of the training requirements referred to in section 9A.1.18.". 8 Section 3.8A.25 substituted and new section 3.8A.25A inserted For section 3.8A.25 of the Gambling Regulation Act 2003 substitute— "3.8A.25 Restriction on disclosure of pre-commitment information (1) A person must not disclose pre-commitment information other than in accordance with this Division. Penalty: 60 penalty units. (2) Without limiting anything in this Division, subsection (1) applies in relation to the disclosure of pre-commitment information to— -- 7 of 15 -- Part 3—Gambling Regulation Act 2003 Gambling Legislation Amendment Act 2015 No. 58 of 2015 7 Authorised by the Chief Parliamentary Counsel (a) a court or tribunal; or (b) an authority or person having power to require the production of documents or the answering of questions. 3.8A.25A Disclosure to courts and tribunals permitted with Ministerial approval A person may disclose pre-commitment information to a court or tribunal, or to an authority or person having power to require the production of documents or the answering of questions, if the Minister certifies that it is necessary in the public interest that the information should be disclosed to the court, tribunal, authority or person.". 9 Section 9A.1.18 substituted For section 9A.1.18 of the Gambling Regulation Act 2003 substitute— "9A.1.18 Compulsory training for certain gaming industry employees (1) This section applies to— (a) a venue operator; and (b) the holder of a gaming industry employee's licence; and (c) a person— (i) who is a nominee of a venue operator; and (ii) who performs the duties of a gaming industry employee; and (d) a person who is employed by a venue operator and who, in that employment— -- 8 of 15 -- Part 3—Gambling Regulation Act 2003 Gambling Legislation Amendment Act 2015 No. 58 of 2015 8 Authorised by the Chief Parliamentary Counsel (i) works in the gaming machine area of an approved venue; and (ii) has more than incidental contact or interaction with players of gaming machines in the gaming machine area. Example Cleaners, technicians and tradespersons may be employed by a venue operator to work in the gaming machine area of an approved venue without having more than incidental contact and interaction with players of gaming machines in that area. (2) A person to whom this section applies must comply with the prescribed training requirements. (3) A venue operator who employs a person to whom this section applies must ensure that the person complies with the training requirements prescribed for the purposes of subsection (2). Penalty: 20 penalty units. (4) Regulations made for the purposes of subsection (2) may specify— (a) a training course that a person must complete, including by specifying a training course by reference to— (i) the person who provides it; or (ii) the content of the course; and (b) the period within which a person must complete a training course, including by specifying that the person must complete the training course on a recurring basis.". -- 9 of 15 -- Part 3—Gambling Regulation Act 2003 Gambling Legislation Amendment Act 2015 No. 58 of 2015 9 Authorised by the Chief Parliamentary Counsel 10 Functions of Commission After section 10.1.4(2)(faa) of the Gambling Regulation Act 2003 insert— "(fab) providing training courses for the purpose of the training requirements referred to in section 9A.1.18;". 11 Supreme Court—limitation of jurisdiction After section 11.1.7(1) of the Gambling Regulation Act 2003 insert— "(2) It is the intention of section 3.8A.25 to alter or vary section 85 of the Constitution Act 1975.". 12 Regulations In section 11.2.1(2)(d) of the Gambling Regulation Act 2003, after "regulated by" insert "the Minister,". 13 Schedule 1 amended In Schedule 1 to the Gambling Regulation Act 2003, after item 4A.3 insert— "4A.4 Training requirements for the purposes of section 9A.1.18.". -- 10 of 15 -- Part 4—Victorian Responsible Gambling Foundation Act 2011 Gambling Legislation Amendment Act 2015 No. 58 of 2015 10 Authorised by the Chief Parliamentary Counsel Part 4—Victorian Responsible Gambling Foundation Act 2011 14 Functions of the Foundation (1) In section 6(1)(b) of the Victorian Responsible Gambling Foundation Act 2011, after "conduct" insert "and facilitate". (2) In section 6(1)(f) of the Victorian Responsible Gambling Foundation Act 2011, for "objectives." substitute "objectives;". (3) After section 6(1)(f) of the Victorian Responsible Gambling Foundation Act 2011 insert— "(g) to advise the Minister on any matter related to the Foundation's objectives at the Minister's request; (h) to consult with the representatives of organisations, and other persons, whom the Foundation considers it desirable to consult in relation to the exercise of its other functions.". 15 New section 7A inserted After section 7 of the Victorian Responsible Gambling Foundation Act 2011 insert— "7A Fees and charges for education and information programs (1) The Foundation, with the Minister's approval, may determine— (a) that a fee or charge is to be imposed in respect of an act done in the exercise of the Foundation's function under section 6(1)(b); and (b) the maximum amount of the fee or charge. -- 11 of 15 -- Part 4—Victorian Responsible Gambling Foundation Act 2011 Gambling Legislation Amendment Act 2015 No. 58 of 2015 11 Authorised by the Chief Parliamentary Counsel (2) The Minister must not approve a determination under subsection (1) unless the Minister is satisfied that it is— (a) consistent with the achievement of the Foundation's objectives; and (b) in the public interest. (3) On approving a determination under subsection (1), the Minister must publish the determination in the Government Gazette. (4) The Foundation may impose and collect a fee or charge in accordance with a determination under subsection (1).". 16 Chief executive officer (1) In section 17(1) of the Victorian Responsible Gambling Foundation Act 2011, for "the Governor in Council on the recommendation of the Minister" substitute "the Board with the Minister's approval". (2) Section 17(3) of the Victorian Responsible Gambling Foundation Act 2011 is repealed. 17 Terms of appointment of the chief executive officer (1) In section 18(2) of the Victorian Responsible Gambling Foundation Act 2011, for "The Governor in Council" substitute "The Board, with the Minister's approval,". (2) In section 18(3) of the Victorian Responsible Gambling Foundation Act 2011, for "Governor in Council" substitute "Board". -- 12 of 15 -- Part 4—Victorian Responsible Gambling Foundation Act 2011 Gambling Legislation Amendment Act 2015 No. 58 of 2015 12 Authorised by the Chief Parliamentary Counsel 18 New Part 3 inserted After Part 2 of the Victorian Responsible Gambling Foundation Act 2011 insert— "Part 3—Transitional provisions 25 Gambling Legislation Amendment Act 2015 Despite the amendment of sections 17 and 18 by the Gambling Legislation Amendment Act 2015, those sections as in force immediately before that amendment continue to apply to the person who holds office as the chief executive officer of the Foundation immediately before that amendment for the remainder of the term of that person's appointment.". -- 13 of 15 -- Part 5—Repeal of amending Act Gambling Legislation Amendment Act 2015 No. 58 of 2015 13 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of amending Act 19 Repeal of amending Act This Act is repealed on 1 September 2017. 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). ═══════════════ -- 14 of 15 -- Endnotes Gambling Legislation Amendment Act 2015 No. 58 of 2015 14 Authorised by the Chief Parliamentary Counsel 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: 16 September 2015 Legislative Council: 22 October 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Casino Control Act 1991, the Gambling Regulation Act 2003 and the Victorian Responsible Gambling Foundation Act 2011 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 16 September 2015 Legislative Council: 10 November 2015 Absolute majorities: Legislative Assembly: 22 October 2015 Legislative Council: 12 November 2015 -- 15 of 15 --