Gambling and Liquor Legislation Amendment (Modernisation) Act 2014
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Gambling and Liquor Legislation Amendment
(Modernisation) Act 2014
No. 56 of 2014
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENT OF GAMBLING REGULATION
ACT 2003 3
Division 1—Modernisation of Chapter 2 3
3 Definitions—section 1.3 3
4 New section 1.3AA inserted 4
1.3AA Meaning of gambling 4
5 Heading to Chapter 2 substituted 6
6 Section 2.1.1 substituted 6
2.1.1 Purposes 6
7 Definitions—Chapter 2 7
8 Section 2.1.3 repealed 7
9 Part 2 of Chapter 2 substituted 8
PART 2—GAMBLING 8
Division 1—Unauthorised gambling 8
2.2.1 Prohibition against unauthorised gambling 8
2.2.2 Recovery of money lost in unauthorised gambling 9
Division 2—Authorised gambling 9
2.2.3 Authorisation for games at amusement centres, fetes,
carnivals etc. 9
2.2.4 Authorisation for two-up on ANZAC Day 10
2.2.5 Authorisation for betting games on approved foot or
bicycle races 11
2.2.6 Approved Calcutta Sweepstakes permitted 11
2.2.7 Suspension or revocation of approval to conduct
Calcutta Sweepstakes 13
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Division 3—Advertising of unauthorised gambling 13
2.2.8 Prohibition against advertising unauthorised gambling 13
10 Part 3 of Chapter 2 repealed 14
11 Section 2.4.1 substituted 14
2.4.1 Unauthorised gaming or wagering contracts are void 14
12 Section 2.4.2 repealed 14
13 Heading to Part 5 of Chapter 2 substituted 15
14 Divisions 1, 2, 4, 4A, 5, and 5A of Part 5 of Chapter 2 repealed 15
15 Heading to Division 6 of Part 5 of Chapter 2 of the Gambling
Regulation Act 2003 repealed 15
16 Section 2.5.20 substituted 15
2.5.20 Prohibition against providing place for unauthorised
gambling 15
17 Warrant to enter common gaming house and search and seize
on premises 16
18 Offence to obstruct the entry of authorised members of police
force 16
19 Obstructing entry to be evidence of house being a common
gaming house 17
20 Section 2.5.24 repealed 18
21 Power of owner to evict occupier of common gaming house or
place 18
22 Cancellation of notice to quit 18
23 Declaration of common gaming house or place 19
24 Application for rescission by owner etc. 19
25 Application for rescission by police 20
26 Other notices of declaration 20
27 Persons found etc. in declared common gaming house 21
28 Section 2.5.33 substituted 21
2.5.33 Convicted persons found in declared place 21
29 Section 2.5.34 repealed 21
30 Liability of owner 22
31 Liability of occupier 22
32 Entry by police 22
33 Section 2.5.39 repealed 23
34 Procedure where house or place is entered under a special
warrant etc. 23
35 Persons required to be examined as witnesses making a full
discovery to receive a certificate 23
36 Indemnity of witnesses 24
37 Persons found in common gaming house or place 24
38 Section 2.5.44 repealed 24
39 Division 7 of Part 5 of Chapter 2 repealed 24
40 Sections 2.6.1, 2.6.2 and 2.6.4 repealed 24
41 Evidence as to offences 24
42 Section 2.6.6 repealed 26
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43 Gaming in approved venue declared lawful 26
44 Purpose—Chapter 4 26
45 Definitions—Chapter 4 26
46 Wagering and approved betting competitions 27
47 Use of totalisator lawful 27
48 New Division 1A inserted in Part 2 of Chapter 4 27
Division 1A—Regulation of publication and use of race
fields 27
4.2.3A Restrictions on publication and use of race fields 27
4.2.3B Application for race field publication and use approval 28
4.2.3C Publication and use approval 28
4.2.3D Tribunal review 30
4.2.3E Competition and Consumer Act and Competition Code 31
49 Definitions—Part 7 of Chapter 4 32
50 Schedule 1 amended 32
51 Schedule 4 amended 33
Division 2—Other amendments 34
52 New section 4.5A.17 inserted 34
4.5A.17 Registered bookmaker must not engage convicted
person 34
53 Determination of application 35
54 New section 10.1A.2 inserted 35
10.1A.2 Directions to licence holders to provide information
for policy development 35
55 Amendment of Schedule 7 36
PART 29—GAMBLING AND LIQUOR LEGISLATION
AMENDMENT (MODERNISATION) ACT 2014 36
29.1 Applications for Calcutta Sweepstakes approvals 36
29.2 Calcutta Sweepstakes approvals 37
29.3 Applications for declaration of place provided for
unauthorised gambling 37
29.4 Declaration of place provided for unauthorised
gambling 38
29.5 Applications for rescission by owner 39
29.6 Applications for rescission by police 39
29.7 Application for publication and use approval 40
29.8 Publication and use approvals 40
29.9 Tribunal review 41
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PART 3—AMENDMENT OF LIQUOR CONTROL REFORM
ACT 1998 42
56 Offences by licensee and permittee 42
57 Supplying liquor to minors 43
58 Allowing minors on licensed or authorised premises 43
59 Sending minor to obtain liquor 43
60 Permitting minor to supply liquor 43
PART 4—CONSEQUENTIAL AMENDMENTS 44
61 Confiscation Act 1997 44
62 Liquor Control Reform Act 1998 44
63 Racing Act 1958 45
PART 5—REPEAL OF AMENDING ACT 47
64 Repeal of amending Act 47
═══════════════
ENDNOTES 48
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Gambling and Liquor Legislation
Amendment (Modernisation) Act 2014 †
No. 56 of 2014
[Assented to 26 August 2014]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to amend the Gambling Regulation Act
2003—
(i) to replace outdated provisions with
modernised general prohibitions on
conducting, advertising, and providing
places for unauthorised gambling; and
Victoria
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(ii) to prohibit registered bookmakers from
engaging certain persons to assist in
certain aspects of a bookmaker's
operations; and
(iii) to provide that the Victorian
Commission for Gambling and Liquor
Regulation may issue a permit to
conduct a lottery to promote a keno
game; and
(iv) to provide for the Minister to require
licence holders to provide information
to assist in the development of policy;
and
(b) to amend the Liquor Control Reform Act
1998—
(i) to make further provision in relation to
the offence of permitting drunken or
disorderly persons to be on licensed or
authorised premises; and
(ii) to increase the penalties for certain
offences relating to minors; and
(c) to make consequential amendments.
2 Commencement
(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 July 2015, it comes into
operation on that day.
__________________
s. 2
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PART 2—AMENDMENT OF GAMBLING REGULATION
ACT 2003
Division 1—Modernisation of Chapter 2
3 Definitions—section 1.3
In section 1.3(1) of the Gambling Regulation
Act 2003—
(a) the definition of common gaming house or
place is repealed;
(b) in the definition of fundraising event, for
"unlawful games are played" substitute
"gambling is conducted";
(c) in the definition of lottery, for "distribution
of property or money or raffle such as is
referred to in section 2.1.3" substitute
"activity referred to in section 1.3AA(3)";
(d) in the definition of race meeting omit
"(except in Chapter 2)";
(e) omit the note at the foot of the definition of
race meeting;
(f) the definition of unlawful game is repealed;
(g) insert the following definitions—
"gambling has the meaning given in
section 1.3AA;
racecourse means land used for race
meetings;
unauthorised gambling means gambling
that is not authorised by or under this
Act or another Act;
wagering service provider means—
(a) a person who operates a totalisator
in Victoria or elsewhere in
Australia;
s. 3
See:
Act No.
114/2003.
Reprint No. 5
as at
16 August
2012
and
amending
Act Nos
114/2003,
60/2011,
20/2012,
9/2013,
27/2013,
70/2013 and
4/2014.
LawToday:
www.
legislation.
vic.gov.au
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(b) a person who operates a betting
exchange in Victoria or elsewhere
in Australia;
(c) a person who, in Victoria or
elsewhere in Australia, carries on
the business of, or acts as, a
bookmaker or turf commission
agent;
(d) a person who, in Victoria or
elsewhere in Australia, gains or
endeavours to gain their livelihood
wholly or partly by betting or
making wagers;
(e) an employee or agent of a person
mentioned in paragraph (a), (b),
(c) or (d);".
4 New section 1.3AA inserted
After section 1.3 of the Gambling Regulation
Act 2003 insert—
"1.3AA Meaning of gambling
(1) For the purposes of this Act, gambling
means an activity in which—
(a) a prize of money or something else of
value is offered or can be won; and
(b) a person pays or stakes money or some
other valuable consideration to
participate; and
(c) the outcome involves, or is presented as
involving, an element of chance.
(2) For the purposes of subsection (1)(c), it is
irrelevant—
(a) that the outcome of the activity also
involves an element of skill; or
s. 4
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(b) that an element of chance involved in
the activity can be overcome or
eliminated by superlative skill.
(3) Despite subsections (1) and (2), gambling
does not include—
(a) an activity—
(i) that is undertaken with no
intention to raise money for any
purpose; and
(ii) in which all money or other
valuable consideration paid or
staked is returned to the
participants; and
(iii) in which no person who is
organising, managing or
supervising the activity (whether
or not the person participates in
the activity) receives money or
other valuable consideration for
doing so; or
(b) an activity in which all participation is
gratuitous; or
(c) receiving or holding any money or
valuable consideration by way of stakes
or deposit to be paid to—
(i) the winner of a race or lawful
sport, game or exercise; or
(ii) the owner of a horse engaged in a
race; or
s. 4
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(d) a private raffle among employees of the
same employer if—
(i) the net proceeds of the raffle are
intended to be appropriated to the
provision of amenities for
employees of that employer; and
(ii) the value of the prize does not
exceed $5000; or
(e) an activity prescribed for the purposes
of this paragraph.".
5 Heading to Chapter 2 substituted
For the heading to Chapter 2 of the Gambling
Regulation Act 2003 substitute—
"CHAPTER 2—GENERAL
PROHIBITIONS AND
AUTHORISATIONS".
6 Section 2.1.1 substituted
For section 2.1.1 of the Gambling Regulation
Act 2003 substitute—
"2.1.1 Purposes
The purposes of this Chapter are—
(a) to prohibit unauthorised gambling; and
(b) to authorise certain types of gambling;
and
Note
Other Chapters and the Casino Control Act
1991 also authorise certain types of gambling.
(c) to prohibit the advertising of
unauthorised gambling; and
s. 5
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(d) to void contracts and agreements
relating to unauthorised gaming or
wagering; and
(e) to prohibit the provision of places for
unauthorised gambling; and
(f) to provide for the banning of
irresponsible gambling products and
practices.".
7 Definitions—Chapter 2
In section 2.1.2(1) of the Gambling Regulation
Act 2003—
(a) insert the following definitions—
"declared place means a place that is subject
to a declaration under section 2.5.27;
equipment for unauthorised gambling
means a document, device, piece of
equipment or other thing that is used,
apparently used or likely to be used in
conducting, or in connection with,
unauthorised gambling;";
(b) in the definition of sporting event, for
"exercise;" substitute "exercise.";
(c) the definitions of instrument of betting,
instrument of gaming, profit, racecourse,
race meeting and undertaking are repealed.
8 Section 2.1.3 repealed
Section 2.1.3 of the Gambling Regulation Act
2003 is repealed.
s. 7
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9 Part 2 of Chapter 2 substituted
For Part 2 of Chapter 2 of the Gambling
Regulation Act 2003 substitute—
"PART 2—GAMBLING
Division 1—Unauthorised gambling
2.2.1 Prohibition against unauthorised
gambling
(1) A person must not conduct unauthorised
gambling.
Penalty: 100 penalty units.
(2) Without limiting subsection (1), a person
conducts unauthorised gambling if the
person—
(a) organises, manages or supervises
unauthorised gambling; or
(b) distributes a prize offered in
unauthorised gambling; or
(c) distributes money or other valuable
consideration paid or staked in
unauthorised gambling; or
(d) facilitates participation in unauthorised
gambling (including by allowing a
person to participate in unauthorised
gambling); or
(e) uses a document, device, piece of
equipment or other thing for the
purposes of enabling unauthorised
gambling to take place; or
(f) assists in an activity described in
paragraph (a), (b), (c), (d) or (e).
s. 9
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(3) A person does not conduct unauthorised
gambling merely because the person
participates in unauthorised gambling.
2.2.2 Recovery of money lost in unauthorised
gambling
(1) This section applies if a person
(the participant) has paid or staked money or
other valuable consideration in unauthorised
gambling.
(2) Each person who conducted the unauthorised
gambling is jointly and severally liable to
return the money or other valuable
consideration (or the value of the valuable
consideration) to the participant.
(3) The participant may recover the money or
other valuable consideration (or the value of
the valuable consideration) in a court of
competent jurisdiction.
Division 2—Authorised gambling
2.2.3 Authorisation for games at amusement
centres, fetes, carnivals etc.
(1) A person may, in accordance with this
section, offer a prize at a place or function
specified in subsection (2) or any similar
place or function.
(2) The following places and functions are
specified for the purposes of
subsection (1)—
(a) an amusement centre;
(b) a tourist centre;
(c) a recreational centre;
(d) a fete;
(e) a fair;
s. 9
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(f) a bazaar;
(g) a carnival;
(h) a gymkhana.
(3) A person conducting an activity referred to
in subsection (1) must—
(a) ensure that the value of the money or
valuable consideration to which each
participant is entitled at each attempt
does not exceed $50; and
(b) comply with the prescribed standards
and conditions.
(4) A person conducting an activity referred to
in subsection (1) may engage in that activity
by means of a device or game.
2.2.4 Authorisation for two-up on ANZAC Day
(1) A person may conduct a game of two-up on
ANZAC Day—
(a) at any premises being used on that day
by any sub-branch of the Returned and
Services League; and
(b) at any premises, or in any area,
approved for the purposes of this
subsection by the Returned and
Services League.
(2) A person may conduct a game of two-up at
any function commemorating ANZAC Day
if the function—
(a) is held not more than 7 days before
ANZAC Day; and
(b) is organised by a sub-branch of the
Returned and Services League; and
s. 9
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(c) is held at any place which is owned or
occupied by the sub-branch and which
is approved for the purposes of this
subsection by the Returned and
Services League.
2.2.5 Authorisation for betting games on
approved foot or bicycle races
(1) A person may conduct a betting game on a
foot race or bicycle race that is—
(a) conducted by a club or other
organisation affiliated with the
Victorian Athletic League or Victorian
Cycling Incorporated; and
(b) approved by a prescribed person.
(2) An application for approval of a foot race or
bicycle race must be accompanied by the
prescribed fee (if any).
(3) An approval may be given in respect of a
specified race or races of a specified class.
2.2.6 Approved Calcutta Sweepstakes
permitted
(1) A club may conduct Calcutta Sweepstakes in
accordance with an approval issued under
this section.
(2) A club may apply to the Minister for
approval to conduct Calcutta Sweepstakes.
(3) An application must be accompanied by the
prescribed fee (if any).
(4) The Minister may issue an approval under
this section and for that purpose may take
into account any matter that the Minister
considers relevant.
s. 9
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(5) Without limiting subsection (4), the Minister
may consider—
(a) whether the club is conducted in good
faith; and
(b) whether the club has contravened any
law relating to gambling; and
(c) the types of sporting events on which
the club wishes to conduct Calcutta
Sweepstakes.
(6) An approval is subject to the following
conditions—
(a) the Calcutta Sweepstakes may be
conducted only with respect to sporting
contingencies;
(b) subscriptions may be canvassed or
made only on the club premises;
(c) participation must be limited to
members of the club and their guests;
(d) not more than 5% of the proceeds of
each sweepstake may be retained by the
club for its expenses of conducting the
sweepstake and the whole of the
remainder must be distributed as prizes
among the participants;
(e) no written notice or advertisement of a
Calcutta Sweepstake may be exhibited,
distributed or published except—
(i) a notice exhibited on the premises
of the club; or
(ii) a circular to members advising of
the intention to conduct the
sweepstake;
s. 9
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(f) a Calcutta Sweepstake must be
conducted in accordance with the
regulations (if any);
(g) any other conditions that the Minister
thinks fit.
(7) An approval under this section is not
transferable to any other club.
2.2.7 Suspension or revocation of approval to
conduct Calcutta Sweepstakes
(1) The Minister may suspend or revoke an
approval under section 2.2.6 by giving the
holder of the approval a written notice
stating the reason for the suspension or
revocation.
(2) Without limiting subsection (1), the Minister
may suspend or revoke an approval if the
holder of the approval has contravened this
Act, the regulations or a condition of the
approval.
Division 3—Advertising of unauthorised
gambling
2.2.8 Prohibition against advertising
unauthorised gambling
(1) A person must not publish, or cause to be
published, any advertising that contains any
information, term, expression, symbol or
other thing associated with unauthorised
gambling.
Penalty: 100 penalty units.
(2) For the purposes of subsection (1),
information or a term, expression, symbol or
other thing is taken to be associated with
unauthorised gambling if—
s. 9
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(a) a reasonable person with ordinary
knowledge who is a resident of Victoria
would consider it to be associated with
gambling; and
(b) the gambling with which it would be
considered to be associated is
unauthorised gambling.
(3) In this section—
publish includes disseminate in any way,
whether by oral, visual, written or other
means (for example, dissemination by
means of cinema, video, radio,
electronics, the Internet or television or
by means of promotional material such
as club journals, brochures or flyers).".
10 Part 3 of Chapter 2 repealed
Part 3 of Chapter 2 of the Gambling Regulation
Act 2003 is repealed.
11 Section 2.4.1 substituted
For section 2.4.1 of the Gambling Regulation
Act 2003 substitute—
"2.4.1 Unauthorised gaming or wagering
contracts are void
A gaming or wagering contract or agreement
(whether written or not) is void if the gaming
or wagering to which it relates is
unauthorised gambling.".
12 Section 2.4.2 repealed
Section 2.4.2 of the Gambling Regulation Act
2003 is repealed.
s. 10
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13 Heading to Part 5 of Chapter 2 substituted
For the heading to Part 5 of Chapter 2 of the
Gambling Regulation Act 2003 substitute—
"PART 5—PLACES PROVIDED FOR
UNAUTHORISED GAMBLING".
14 Divisions 1, 2, 4, 4A, 5, and 5A of Part 5 of
Chapter 2 repealed
Divisions 1, 2, 4, 4A, 5 and 5A of Part 5 of
Chapter 2 of the Gambling Regulation Act 2003
are repealed.
15 Heading to Division 6 of Part 5 of Chapter 2 of the
Gambling Regulation Act 2003 repealed
The heading to Division 6 of Part 5 of Chapter 2
of the Gambling Regulation Act 2003 is
repealed.
16 Section 2.5.20 substituted
For section 2.5.20 of the Gambling Regulation
Act 2003 substitute—
"2.5.20 Prohibition against providing place for
unauthorised gambling
(1) A person must not provide a place for the
purposes of unauthorised gambling.
Penalty: 100 penalty units.
(2) A person does not commit an offence against
subsection (1) if the person—
(a) is an owner, or the agent of an owner,
of the place; and
(b) is not an occupier of the place; and
(c) either—
(i) was unaware, and had no
reasonable ground to suspect, that
the place was provided for the
s. 13
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purposes of unauthorised
gambling; or
(ii) had taken all reasonable steps to
prevent the place being provided
for the purposes of unauthorised
gambling.".
17 Warrant to enter common gaming house and search
and seize on premises
(1) In the heading to section 2.5.21 of the Gambling
Regulation Act 2003, for "common gaming
house" substitute "place provided for
unauthorised gambling".
(2) In section 2.5.21(1) of the Gambling Regulation
Act 2003 omit "house or" (where first ocurring).
(3) For section 2.5.21(1)(a) and (b) of the Gambling
Regulation Act 2003 substitute—
"(a) is provided for the purposes of unauthorised
gambling; or
(b) contains any equipment for unauthorised
gambling.".
(4) In section 2.5.21(3) of the Gambling Regulation
Act 2003—
(a) omit "house or" (wherever occurring);
(b) in paragraphs (c) and (d), for "instruments of
gaming" substitute "equipment for
unauthorised gambling".
18 Offence to obstruct the entry of authorised members
of police force
In section 2.5.22 of the Gambling Regulation
Act 2003 omit "house or" (wherever occurring).
s. 17
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19 Obstructing entry to be evidence of house being a
common gaming house
(1) In the heading to section 2.5.23 of the Gambling
Regulation Act 2003, for "house being a
common gaming house" substitute "place being
provided for unauthorised gambling".
(2) In section 2.5.23 of the Gambling Regulation
Act 2003—
(a) in paragraph (a)—
(i) for "a house or place" substitute
"a place";
(ii) for "the house or place" substitute
"the place";
(b) in paragraph (b), for "a house or place"
substitute "a place";
(c) for paragraph (c) substitute—
"(c) a place is found fitted or provided with
equipment for unauthorised gambling
or any means or contrivance for—
(i) conducting a lottery or totalisator;
or
(ii) concealing, removing or
destroying equipment for
unauthorised gambling—";
(d) for "the house or place is a common gaming
house or place and that the persons found in
the house or place were unlawfully playing
there" substitute "the place is provided for
the purposes of unauthorised gambling and
that unauthorised gambling was being
conducted at the place".
s. 19
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20 Section 2.5.24 repealed
Section 2.5.24 of the Gambling Regulation Act
2003 is repealed.
21 Power of owner to evict occupier of common gaming
house or place
(1) In the heading to section 2.5.25 of the Gambling
Regulation Act 2003, for "common gaming
house or place" substitute "place provided for
unauthorised gambling".
(2) For section 2.5.25(1) of the Gambling
Regulation Act 2003 substitute—
"(1) An owner of a place may serve on an
occupier a notice to quit if the owner has
reasonable grounds to suspect that the place
is provided for the purposes of unauthorised
gambling.
(1A) A notice served under this section must state
that it is served under this section.".
(3) In section 2.5.25(2) and (4) of the Gambling
Regulation Act 2003—
(a) for "under subsection (1)" substitute
"under this section";
(b) omit "house or".
(4) In section 2.5.25(5) of the Gambling Regulation
Act 2003 omit "house or".
22 Cancellation of notice to quit
(1) In section 2.5.26(1) of the Gambling Regulation
Act 2003, for "time—" substitute "time provided,
or permitted the place to be provided, for the
purposes of unauthorised gambling.".
(2) Section 2.5.26(1)(a) and (b) of the Gambling
Regulation Act 2003 are repealed.
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(3) In section 2.5.26(2) of the Gambling Regulation
Act 2003 omit "house or".
23 Declaration of common gaming house or place
(1) In the heading to section 2.5.27 of the Gambling
Regulation Act 2003, for "common gaming
house or place" substitute "place provided for
unauthorised gambling".
(2) In section 2.5.27(1) of the Gambling Regulation
Act 2003—
(a) for "a house or place is used as—"
substitute "a place is provided for the
purposes of unauthorised gambling.";
(b) paragraphs (a) and (b) are repealed.
(3) In section 2.5.27(3)(a) and (b) of the Gambling
Regulation Act 2003 omit "house or".
(4) For section 2.5.27(4) of the Gambling
Regulation Act 2003 substitute—
"(4) On an application under subsection (1), the
Magistrates' Court may declare that the place
which is the subject of the application is
provided for the purposes of unauthorised
gambling.".
24 Application for rescission by owner etc.
(1) In section 2.5.28(1) of the Gambling Regulation
Act 2003, for "house or place that has been
declared to be a common gaming house or place"
substitute "declared place".
(2) In section 2.5.28(2) of the Gambling Regulation
Act 2003, for "common gaming house or place"
substitute "declared place".
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(3) For section 2.5.28(3) and (4) of the Gambling
Regulation Act 2003 substitute—
"(3) On an application under subsection (1), the
applicant must prove on the balance of
probabilities that the applicant has not at any
time provided the declared place, or
permitted it to be provided, for the purposes
of unauthorised gambling.
(4) The Magistrates' Court may rescind a
declaration subject to any terms or
conditions that the Court thinks fit, including
the giving of security to ensure that the
declared place will not again be provided for
the purposes of unauthorised gambling.".
25 Application for rescission by police
(1) In section 2.5.29(1) of the Gambling Regulation
Act 2003, for "house or place is a common
gaming house or place" substitute "place is
provided for the purposes of unauthorised
gambling".
(2) In section 2.5.29(2) of the Gambling Regulation
Act 2003, for "house or place is not used as a
common gaming house or place or" substitute
"declared place is not provided for the purposes of
unauthorised gambling or used".
26 Other notices of declaration
(1) In section 2.5.31(1) of the Gambling Regulation
Act 2003—
(a) for "a house or place is declared to be a
common gaming house or place" substitute
"a declaration is made";
(b) in paragraph (a) and (b), for "house or"
(where twice occurring) substitute
"declared".
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(2) In section 2.5.31(2) of the Gambling Regulation
Act 2003, for "house or" (wherever occurring)
substitute "declared".
27 Persons found etc. in declared common gaming
house
(1) In the heading to section 2.5.32 of the Gambling
Regulation Act 2003, for "common gaming
house" substitute "place".
(2) For section 2.5.32(1) of the Gambling
Regulation Act 2003 substitute—
"(1) A person must not enter, remain in, or be
found leaving a declared place if notice of
the making of the declaration has been
published in accordance with section
2.5.31(1)(a)(i).
Penalty: 60 penalty units or imprisonment
for 6 months or both.".
(3) In section 2.5.32(2)(b) of the Gambling
Regulation Act 2003, for "house or" substitute
"declared".
28 Section 2.5.33 substituted
For section 2.5.33 of the Gambling Regulation
Act 2003 substitute—
"2.5.33 Convicted persons found in declared place
A person who has been convicted of an
indictable offence must not enter or remain
in a declared place.
Penalty: 100 penalty units or imprisonment
for 12 months or both.".
29 Section 2.5.34 repealed
Section 2.5.34 of the Gambling Regulation Act
2003 is repealed.
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30 Liability of owner
(1) For section 2.5.35(1)(a) and (b) of the Gambling
Regulation Act 2003 substitute—
"(a) notice of the making of a declaration under
section 2.5.27 is served on an owner of the
declared place; and
(b) during the time that the declaration is in
force, the declared place is provided for the
purposes of unauthorised gambling—".
(2) In section 2.5.35(2) of the Gambling Regulation
Act 2003, for "house or" substitute "declared".
31 Liability of occupier
For section 2.5.36(1)(a) and (b) of the Gambling
Regulation Act 2003 substitute—
"(a) notice of the making of a declaration is
served on an occupier of the declared place;
and
(b) during the time that the declaration is in
force, the place is provided for the purposes
of unauthorised gambling—".
32 Entry by police
In section 2.5.38 of the Gambling Regulation
Act 2003—
(a) omit "house or" (where first occurring);
(b) in paragraph (a) omit "house or";
(c) paragraph (b) is repealed;
(d) in paragraph (c) omit "or (b)";
(e) in paragraph (d), for "(a), (b)" substitute
"(a)";
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(f) for paragraph (e) substitute—
"(e) seize any equipment for unauthorised
gambling and any money or securities
for money in that place or in the
possession of any persons found there;
and";
(g) in paragraph (f) omit "house or".
33 Section 2.5.39 repealed
Section 2.5.39 of the Gambling Regulation Act
2003 is repealed.
34 Procedure where house or place is entered under a
special warrant etc.
(1) In the heading to section 2.5.40 of the Gambling
Regulation Act 2003—
(a) omit "house or";
(b) omit "special".
(2) In section 2.5.40(1) of the Gambling Regulation
Act 2003—
(a) in paragraph (a)—
(i) omit "house or" (where twice
occurring);
(ii) for "this Division" substitute
"section 2.5.21";
(b) in paragraph (b) omit "house or".
(3) In section 2.5.40(2) of the Gambling Regulation
Act 2003 omit "house or" (wherever occurring).
35 Persons required to be examined as witnesses
making a full discovery to receive a certificate
In section 2.5.41(2)(a) of the Gambling
Regulation Act 2003, for "common gaming
house or place" substitute "place provided for the
purposes of unauthorised gambling".
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36 Indemnity of witnesses
In section 2.5.42(1) of the Gambling Regulation
Act 2003, for "lotteries, gaming, betting,
totalisators, common gaming houses or places or
unlawful games" substitute "gambling".
37 Persons found in common gaming house or place
(1) In the heading to section 2.5.43 of the Gambling
Regulation Act 2003, for "common gaming
house or place" substitute "place provided for
unauthorised gambling".
(2) In section 2.5.43 of the Gambling Regulation
Act 2003, for "common gaming house or place"
substitute "place provided for the purposes of
unauthorised gambling".
38 Section 2.5.44 repealed
Section 2.5.44 of the Gambling Regulation Act
2003 is repealed.
39 Division 7 of Part 5 of Chapter 2 repealed
Division 7 of Part 5 of Chapter 2 of the Gambling
Regulation Act 2003 is repealed.
40 Sections 2.6.1, 2.6.2 and 2.6.4 repealed
Sections 2.6.1, 2.6.2 and 2.6.4 of the Gambling
Regulation Act 2003 are repealed.
41 Evidence as to offences
(1) In section 2.6.5(1) of the Gambling Regulation
Act 2003—
(a) for paragraph (a) substitute—
"(a) it is not necessary to prove that a place
was provided for the purposes of
unauthorised gambling more than once
for a particular purpose;";
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(b) for paragraph (d) substitute—
"(d) keeping a bank in any place apparently
for the purpose of unauthorised
gambling is proof (in the absence of
evidence to the contrary) that the place
is provided for the purposes of
unauthorised gambling;";
(c) for paragraph (e) substitute—
"(e) in the absence of evidence to the
contrary—
(i) equipment for unauthorised
gambling found in any place or
about the person of anyone in the
place; or
(ii) telephone calls or other
communications received in any
place—
in circumstances which raise the
reasonable inference that the place is
provided for the purposes of
unauthorised gambling is proof that the
place is provided for the purposes of
unauthorised gambling;";
(d) in paragraph (f), for "opened, kept or used"
substitute "provided";
(e) for paragraph (h) substitute—
"(h) equipment for unauthorised gambling
or lists, books, cards, papers or
documents of things relating to racing
or gambling found—
(i) in a place; or
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(ii) about the person of those found
entering or leaving the place—
in circumstances which appear to the
court to raise a reasonable suspicion
that the purposes and provisions of this
Chapter have been contravened is proof
(in the absence of evidence to the
contrary) that the relevant place is
provided for the purposes of
unauthorised gambling.".
(2) Section 2.6.5(2) and (3) of the Gambling
Regulation Act 2003 are repealed.
42 Section 2.6.6 repealed
Section 2.6.6 of the Gambling Regulation Act
2003 is repealed.
43 Gaming in approved venue declared lawful
Section 3.2.1(3) of the Gambling Regulation Act
2003 is repealed.
44 Purpose—Chapter 4
After section 4.1.1(ab) of the Gambling
Regulation Act 2003 insert—
"(ac) to regulate the publication and use of race
fields; and".
45 Definitions—Chapter 4
In section 4.1.2 of the Gambling Regulation Act
2003 insert the following definitions—
"appropriate controlling body means—
(a) in the case of horse racing, Racing
Victoria;
(b) in the case of harness racing, Harness
Racing Victoria;
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(c) in the case of greyhound racing,
Greyhound Racing Victoria;
publication and use approval means an approval
granted under section 4.2.3C;
publish includes disseminate in any way, whether
by oral, visual, written or other means
(for example, dissemination by means of
cinema, video, radio, electronics, the Internet
or television or by means of promotional
material such as club journals, brochures or
flyers);".
46 Wagering and approved betting competitions
Section 4.2.1(4) of the Gambling Regulation Act
2003 is repealed.
47 Use of totalisator lawful
Section 4.2.2(3)(b) of the Gambling Regulation
Act 2003 is repealed.
48 New Division 1A inserted in Part 2 of Chapter 4
After section 4.2.3 of the Gambling Regulation
Act 2003 insert—
"Division 1A—Regulation of publication and
use of race fields
4.2.3A Restrictions on publication and use of race
fields
(1) A wagering service provider must not, in
Victoria or elsewhere, publish, use or
otherwise make available, a race field in the
course of business unless—
(a) the wagering service provider has
obtained the publication and use
approval of the appropriate controlling
body; and
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(b) the wagering service provider complies
with the conditions (if any) to which
the approval is subject.
Penalty: 60 penalty units.
(2) Subsection (1) does not apply to—
(a) the wagering and betting licensee; or
(b) the wagering and betting operator; or
(c) a registered bookmaker.
4.2.3B Application for race field publication and
use approval
(1) A wagering service provider may apply to an
appropriate controlling body for publication
and use approval.
(2) An application for approval must—
(a) be made in the prescribed time; and
(b) be in the prescribed form; and
(c) contain or be accompanied by any
additional information the appropriate
controlling body requires.
4.2.3C Publication and use approval
(1) An appropriate controlling body may grant
an approval to a wagering service provider to
publish, use or otherwise make available in
the course of business, in Victoria or
elsewhere, a race field if the wagering
service provider makes an application for
that approval in accordance with
section 4.2.3B.
(2) For the purposes of determining an
application for publication and use approval,
an appropriate controlling body—
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(a) must consider the prescribed matters
(if any); and
(b) may consider any other matters the
appropriate controlling body considers
to be relevant.
(3) An appropriate controlling body must—
(a) determine an application by either
granting or refusing publication and use
approval in the prescribed time; and
(b) notify the applicant in writing of its
decision to grant or refuse publication
and use approval in the prescribed time.
(4) Publication and use approval may be granted
subject to any conditions the appropriate
controlling body thinks fit, including a
condition that the wagering service provider
pay, in the manner specified in the approval,
a fee or a series of fees of an amount or
amounts—
(a) specified in the approval; or
(b) calculated in accordance with a formula
or formulae specified in the approval.
(5) Any fee that is payable as a condition of the
approval is a debt due to the appropriate
controlling body that granted the approval
and may be recovered in any court of
competent jurisdiction.
(6) A publication and use approval—
(a) takes effect on the day specified by the
appropriate controlling body in the
approval; and
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(b) remains in force for the period specified
by the appropriate controlling body in
the approval, unless revoked earlier
under subsection (7).
(7) At any time the appropriate controlling body,
by written notice to the wagering service
provider, may—
(a) vary the publication and use approval
(including by varying the conditions to
which the approval is subject); or
(b) revoke the publication and use approval
for any reasonable cause stated by the
appropriate controlling body in the
notice of revocation.
4.2.3D Tribunal review
(1) A wagering service provider whose interests
are affected by the relevant decision may
apply to the Tribunal for review of a decision
of an appropriate controlling body—
(a) to refuse an application by the wagering
service provider for a publication and
use approval; or
(b) to impose a condition on the
publication and use approval (other
than a condition relating to the payment
of a fee or series of fees); or
(c) to vary or revoke the publication and
use approval (other than by varying a
condition relating to the payment of a
fee or series of fees).
(2) An application for review must be made
within 28 days after the latest of—
(a) the day on which the decision was
made; or
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(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the wagering service provider requests
a statement of reasons for the decision,
the day on which the statement of
reasons is given to the wagering service
provider or the wagering service
provider is informed under section
46(5) of that Act that a statement of
reasons will not be given; or
(c) if, under section 10.1.24, the wagering
service provider requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the wagering service provider or the
wagering service provider is informed
under section 10.1.23(6) that a
statement of reasons will not be given.
4.2.3E Competition and Consumer Act and
Competition Code
(1) For the purposes of the Competition and
Consumer Act 2010 of the Commonwealth
and the Competition Code, the following
things are authorised by this Act—
(a) any agreement entered into between—
(i) 2 or more appropriate controlling
bodies in relation to the
appointment of an agent to collect,
or the collection by an agent or
any of the controlling bodies of,
fees that are payable to those
bodies under a publication and use
approval; or
(ii) one or more appropriate
controlling bodies and any
corresponding body of another
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State or Territory in relation to the
appointment of an agent to collect,
or the collection by an agent or
any of the controlling bodies of,
fees that are payable to those
bodies in relation to the
publication or use of a race field;
(b) the conduct of appropriate controlling
bodies and any agents in negotiating
and entering an agreement under
paragraph (a);
(c) the conduct of appropriate controlling
bodies and any agent in performing an
agreement under paragraph (a).
(2) In this section—
agreement includes a contract, arrangement
or understanding.".
49 Definitions—Part 7 of Chapter 4
(1) For the heading to section 4.7.1AA of the
Gambling Regulation Act 2003 substitute—
"Definition".
(2) In section 4.7.1AA of the Gambling Regulation
Act 2003—
(a) in the definition of gambling advertising, for
"betting;" substitute "betting.";
(b) the definition of wagering service provider
is repealed.
50 Schedule 1 amended
In Schedule 1 to the Gambling Regulation Act
2003, for item 2.3 substitute—
"2.3 Standards and conditions relating to the
offering of a prize at a place or a function
referred to in section 2.2.3.".
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51 Schedule 4 amended
(1) In Schedule 4 to the Gambling Regulation Act
2003, in Form 1—
(a) for "the house or place known" substitute
"the place known";
(b) for "the house or place" substitute
"the place";
(c) for "kept or used as a common gaming house
or place/contains instruments of gaming"
substitute "provided for the purposes of
unauthorised gambling/contains equipment
for unauthorised gambling";
(d) in paragraphs (a) and (b) omit "house or";
(e) in paragraph (c)—
(i) omit "house or";
(ii) for "instruments of gaming are"
substitute "equipment for unauthorised
gambling is";
(f) in paragraph (d)—
(i) for "instruments of gaming" substitute
"equipment for unauthorised
gambling";
(ii) omit "house or".
(2) In Schedule 4 to the Gambling Regulation Act
2003, Form 2 is repealed.
(3) In Schedule 4 to the Gambling Regulation Act
2003, in Form 3—
(a) for "house or place" substitute "the place";
(b) for "a house (or place)" substitute "a place".
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Division 2—Other amendments
52 New section 4.5A.17 inserted
After section 4.5A.16 of the Gambling
Regulation Act 2003 insert—
"4.5A.17 Registered bookmaker must not engage
convicted person
(1) A registered bookmaker must not engage a
person with a relevant conviction to assist in
any part of the bookmaker's operations that
involves—
(a) handling or making arrangements in
relation to any bets made with the
bookmaker; or
(b) the publication of betting odds.
(2) In this section—
engage means to engage—
(a) whether by contract or otherwise;
and
(b) whether by employment or
otherwise; and
(c) whether on a voluntary basis or
otherwise;
person with a relevant conviction means a
person who has, within the last
10 years, been convicted of a relevant
offence within the meaning of
section 4.5A.14.".
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53 Determination of application
After section 5.7.4(1) of the Gambling
Regulation Act 2003 insert—
"(1A) Despite subsection (1)(b)(ii), the
Commission may issue a permit to conduct a
lottery to promote a keno game.".
54 New section 10.1A.2 inserted
After section 10.1A.1 of the Gambling
Regulation Act 2003 insert—
"10.1A.2 Directions to licence holders to provide
information for policy development
(1) The Minister may give a written direction to
a licence holder requiring the licence holder
to provide to the Minister any information or
document that is in the possession or under
the control of the licence holder and that—
(a) is specified in the direction in
accordance with subsection (2); or
(b) belongs to a class of information or
document specified in the direction in
accordance with subsection (2).
(2) The Minister may specify information or a
document, or a class of information or
document, that, in the opinion of the
Minister, will assist in the development of
policy in accordance with—
(a) the objectives of this Act; or
(b) the purposes of the Casino Control
Act 1991.
(3) The licence holder must comply with a
direction under subsection (1) within the
period (being not less than 10 business days)
specified in the direction.
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(4) No compensation is payable by the State in
respect of anything done under this section
or in compliance with a direction under
subsection (1).
(5) In this section—
licence holder means any of the following—
(a) a casino operator;
(b) a keno licensee;
(c) the monitoring licensee;
(d) a public lottery licensee;
(e) a venue operator;
(f) the wagering and betting
licensee.".
55 Amendment of Schedule 7
After Part 28 of Schedule 7 to the Gambling
Regulation Act 2003 insert—
"PART 29—GAMBLING AND LIQUOR
LEGISLATION AMENDMENT
(MODERNISATION) ACT 2014
29.1 Applications for Calcutta Sweepstakes
approvals
(1) This clause applies if—
(a) an application has been made under
section 2.2.9 before the commencement
day; and
(b) the application has not been determined
before that day.
(2) On the commencement day that application
is taken to be an application under section
2.2.6(2) and must be determined in
accordance with section 2.2.6 on and after
that day.
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(3) In this clause—
commencement day means the day on which
section 9 of the Gambling and Liquor
Legislation Amendment
(Modernisation) Act 2014 comes into
operation.
29.2 Calcutta Sweepstakes approvals
(1) An approval that was in force under
section 2.2.9 immediately before the
commencement day is taken, on and after
that day, to be an approval under
section 2.2.6 as substituted by section 9 of
the Gambling and Liquor Legislation
Amendment (Modernisation) Act 2014.
(2) In this clause—
commencement day means the day on which
section 9 of the Gambling and Liquor
Legislation Amendment
(Modernisation) Act 2014 comes into
operation.
29.3 Applications for declaration of place
provided for unauthorised gambling
(1) This clause applies if—
(a) an application has been made under
section 2.5.27(1) before the
commencement day; and
(b) the application has not been determined
before that day.
(2) On the commencement day that application
is taken to be an application under section
2.5.27(1) as amended by section 23(2) of the
Gambling and Liquor Legislation
Amendment (Modernisation) Act 2014 and
must be determined in accordance with
section 2.5.27 on and after that day.
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(3) In this clause—
commencement day means the day on which
section 23(2) of the Gambling and
Liquor Legislation Amendment
(Modernisation) Act 2014 comes into
operation.
29.4 Declaration of place provided for
unauthorised gambling
(1) This clause applies in relation to a
declaration (an old declaration) under
section 2.5.27(4) declaring a house or place
to be a common gambling house or place
that was in force immediately before the
commencement day.
(2) On and after the commencement day, an old
declaration is taken to be a declaration
(a new declaration) under section 2.5.27(4)
(as substituted by section 23(4) of the
Gambling and Liquor Legislation
Amendment (Modernisation) Act 2014)
declaring that the relevant place is provided
for the purposes of unauthorised gambling.
(3) In this clause—
commencement day means the day on which
section 23(4) of the Gambling and
Liquor Legislation Amendment
(Modernisation) Act 2014 comes into
operation;
relevant place, in relation to an old
declaration, means the house or place to
which the old declaration applied.
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29.5 Applications for rescission by owner
(1) This clause applies if—
(a) an application has been made under
section 2.5.28(1) before the
commencement day; and
(b) the application has not been determined
before that day.
(2) On the commencement day that application
is taken to be an application under section
2.5.28(1) as amended by section 24(1) of the
Gambling and Liquor Legislation
Amendment (Modernisation) Act 2014 and
must be determined in accordance with
section 2.5.28 on and after that day.
(3) In this clause—
commencement day means the day on which
section 24(1) of the Gambling and
Liquor Legislation Amendment
(Modernisation) Act 2014 comes into
operation.
29.6 Applications for rescission by police
(1) This clause applies if—
(a) an application has been made under
section 2.5.29(1) before the
commencement day; and
(b) the application has not been determined
before that day.
(2) On the commencement day that application
is taken to be an application under section
2.5.29(1) as amended by section 25(1) of the
Gambling and Liquor Legislation
Amendment (Modernisation) Act 2014 and
must be determined in accordance with
section 2.5.29 on and after that day.
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(3) In this clause—
commencement day means the day on which
section 25(1) of the Gambling and
Liquor Legislation Amendment
(Modernisation) Act 2014 comes into
operation.
29.7 Application for publication and use
approval
(1) This clause applies if—
(a) an application has been made under
section 2.5.19C before the
commencement day; and
(b) the application has not been determined
before that day.
(2) On and after the commencement day that
application is taken to be an application
under section 4.2.3A and must be determined
in accordance with that section.
(3) In this clause—
commencement day means the day on which
section 48 of the Gambling and
Liquor Legislation Amendment
(Modernisation) Act 2014 comes into
operation.
29.8 Publication and use approvals
(1) An approval that was in force under
section 2.5.19D immediately before the
commencement day is taken, on and after
that day, to be an approval under
section 4.2.3B as inserted by section 48 of
the Gambling and Liquor Legislation
Amendment (Modernisation) Act 2014.
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(2) In this clause—
commencement day means the day on which
section 48 of the Gambling and
Liquor Legislation Amendment
(Modernisation) Act 2014 comes into
operation.
29.9 Tribunal review
(1) This clause applies if—
(a) an application has been made under
section 2.5.19E(1) before the
commencement day; and
(b) the application has not been determined
before that day.
(2) On and after the commencement day that
application is taken to be an application
under section 4.2.3D(1).
(3) In this clause—
commencement day means the day on which
section 48 of the Gambling and
Liquor Legislation Amendment
(Modernisation) Act 2014 comes into
operation.".
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Part 3—Amendment of Liquor Control Reform Act 1998
Gambling and Liquor Legislation Amendment (Modernisation) Act 2014
No. 56 of 2014
42
Authorised by the Chief Parliamentary Counsel
PART 3—AMENDMENT OF LIQUOR CONTROL REFORM
ACT 1998
56 Offences by licensee and permittee
For section 108(5) of the Liquor Control Reform
Act 1998 substitute—
"(5) It is a defence to a prosecution for an offence
under subsection (4)(b) for the accused to
prove that—
(a) neither the accused nor any relevant
person who was on the premises at the
time of the alleged offence knew that
drunken or disorderly persons were on
the premises; and
(b) either the accused or a relevant person
had taken reasonable steps to ensure
that drunken or disorderly persons were
not on the premises.
(5A) For the purposes of subsection (5), a person
is a relevant person if he or she is—
(a) an employee or agent of the accused; or
(b) in the case of an accused that is a body
corporate—
(i) an officer of the accused; or
(ii) the nominee of the accused; or
(c) in the case of an accused who is a
member of the committee of
management of an unincorporated club,
on behalf of the club—
(i) a member of the committee of
management; or
(ii) the nominee of the accused; or
s. 56
See:
Act No.
94/1998.
Reprint No. 7
as at
1 May 2013
and
amending
Act Nos
9/2013,
41/2013 and
70/2013.
LawToday:
www.
legislation.
vic.gov.au
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(d) in the case of an accused who is a
member of a partnership, another
member of the partnership.".
57 Supplying liquor to minors
(1) In the penalties at the foot of section 119(1), (2)
and (3) of the Liquor Control Reform Act 1998,
for "60 penalty units" substitute "120 penalty
units".
(2) In the penalty at the foot of section 119(4) of the
Liquor Control Reform Act 1998, for
"10 penalty units" substitute "20 penalty units".
58 Allowing minors on licensed or authorised premises
In the penalty at the foot of section 120(1) of the
Liquor Control Reform Act 1998, for
"60 penalty units" substitute "120 penalty units".
59 Sending minor to obtain liquor
In the penalty at the foot of section 121 of the
Liquor Control Reform Act 1998, for
"60 penalty units" substitute "120 penalty units".
60 Permitting minor to supply liquor
In the penalty at the foot of section 122(1) of the
Liquor Control Reform Act 1998, for
"60 penalty units" substitute "120 penalty units".
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Part 4—Consequential Amendments
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No. 56 of 2014
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PART 4—CONSEQUENTIAL AMENDMENTS
61 Confiscation Act 1997
(1) In Schedule 1 to the Confiscation Act 1997, for
item 10(a) and (b) substitute—
"(a) section 2.2.1 (unauthorised gambling
prohibited);
(b) section 2.2.8 (advertising of unauthorised
gambling prohibited);".
(2) In Schedule 1 to the Confiscation Act 1997,
item 10(c), (d), (e), (f), (g), (h), (i) and (k) are
repealed.
62 Liquor Control Reform Act 1998
(1) In section 108(3) of the Liquor Control Reform
Act 1998—
(a) in paragraph (b), for "section 2.3.2(1)(b)"
substitute "section 2.2.4(1)(b)";
(b) in paragraph (c), for "section 2.3.2(1)(b)"
substitute "section 2.2.4(2)".
(2) In section 115(2) of the Liquor Control Reform
Act 1998—
(a) in paragraph (c)(i), for "section 2.3.2(1)(b)"
substitute "section 2.2.4(1)(b)";
(b) in paragraph (d)(ii), for "section 2.3.2(3)"
substitute "section 2.2.4(2)".
(3) In section 175(1) of the Liquor Control Reform
Act 1998—
(a) for "Sections 2.5.24" substitute
"Sections 2.5.20";
(b) for "a house or place" (wherever occurring)
substitute "a place";
(c) for "any house or place" (wherever
occurring) substitute "any place";
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(d) for "is, or is used as, a common gaming
house or place" substitute "is provided for
the purposes of unauthorised gambling";
(e) for "used as a common gaming house or
place" substitute "provided for the purposes
of unauthorised gambling";
(f) in paragraph (c)(ii), for "instruments of
gaming and any instruments of betting"
substitute "equipment for unauthorised
gambling".
63 Racing Act 1958
(1) In section 4(1) of the Racing Act 1958—
(a) for "common gaming house or place for the
purposes of" substitute "place provided for
the purposes of unauthorised gambling
within the meaning of Chapter 2 of";
(b) in paragraph (b), for "event; or" substitute
"event—";
(c) paragraph (c) is repealed.
(2) In section 5A of the Racing Act 1958, for
"a common gaming house or place for the
purposes of" substitute "a place provided for the
purposes of unauthorised gambling within the
meaning of Chapter 2 of".
(3) In section 84 of the Racing Act 1958, in the
definition of race-course omit "in section 2.1.2
of".
(4) In section 94A of the Racing Act 1958, in
subsection (1)(a), (3)(c), (4)(c) and (7)(c) for
"section 2.5.10" substitute "section 2.2.5".
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(5) After section 94A(10) of the Racing Act 1958
insert—
"(10A) In this section—
(a) a reference to a person betting in
accordance with section 2.2.5 of the
Gambling Regulation Act 2003 is a
reference to a person betting in a
betting game conducted in accordance
with that section; and
(b) a reference to a wager made in
accordance with section 2.2.5 of the
Gambling Regulation Act 2003 is a
reference to a wager made in a betting
game conducted in accordance with
that section.".
(6) In section 94A(11) of the Racing Act 1958, in the
definition of relevant authority, in paragraph (d),
for "section 2.5.10" substitute "section 2.2.5".
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Part 5—Repeal of Amending Act
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PART 5—REPEAL OF AMENDING ACT
64 Repeal of amending Act
This Act is repealed on 1 July 2016.
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
† Minister's second reading speech—
Legislative Council: 3 April 2014
Legislative Assembly: 27 May 2014
The long title for the Bill for this Act was "A Bill for an Act to amend the
Gambling Regulation Act 2003 and the Liquor Control Reform Act
1998 and to make consequential amendments to other Acts and for other
purposes."
Endnotes
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