Gambling and Liquor Legislation Further Amendment Act 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—AMENDMENT OF GAMBLING REGULATION ACT 2003 3 3 Purpose, objectives and outline 3 4 Definitions 3 5 Nominee of venue operator 3 6 Notification of certain applications and changes concerning liquor licence 4 7 Manufacture, sale, supply, obtaining or possession of gaming machines 4 8 Variation of gaming machine types and games 5 9 Taxation in relation to gaming in approved venues 5 10 Declaration of different rate of return 7 11 New Division 3 inserted in Part 6 of Chapter 3 9 Division 3—Unclaimed winnings 9 3.6.13 Unclaimed winnings 9 12 New Division 4A inserted in Part 8A of Chapter 3 10 Division 4A—Standard venue conditions 10 3.8A.19A Minister may determine standard venue conditions 10 3.8A.19B Publication and effect of standard venue conditions 11 3.8A.19C No compensation for determination of standard venue conditions 11 13 Licensee to make betting rules 11 14 Commissions—section 4.4.8 12 15 Definitions for sports betting provisions 12 16 Approval of sports controlling bodies for sports betting purposes 12 -- 1 of 43 -- Section Page ii Authorised by the Chief Parliamentary Counsel 17 New section 4.5.15A inserted 13 4.5.15A Declaration of sports controlling body from another jurisdiction 13 18 Further provisions for declarations of sports controlling bodies 14 19 Prohibition on offering betting service without agreement or determination 15 20 Commission may prohibit betting on contingencies 15 21 New Division 7 inserted in Part 5 of Chapter 4 16 Division 7—Monitoring integrity in sports betting 16 4.5.32 Sports controlling body to notify Commission 16 4.5.33 Direction to sports controlling body to provide information about integrity mechanisms 17 22 Duration of registration as bookmaker or bookmaker's key employee 17 23 Approval of registered bookmakers to be in partnerships 17 24 Commissions—section 4.6.1 18 25 Trade promotion lotteries declared lawful 18 26 No permit required for trade promotion lotteries 18 27 Repeal of provisions for trade promotion lottery permits 18 28 Definitions for Division 4 of Part 7 of Chapter 5 18 29 Conducting trade promotion lottery in contravention of Act etc. 19 30 Venue operators not to conduct trade promotion lotteries in relation to gaming 19 31 Repeal of other provisions relating to trade promotion lotteries and permits 19 32 Duration of bingo centre operator's and commercial raffle organiser's licences 19 33 Compulsory training for certain gaming industry employees 20 34 Responsible Gambling Ministerial Advisory Council 20 35 Prior Commission approval of associates 21 36 Regulations 21 37 Modifications of Tasmanian Act for onboard gaming 21 38 New Part 31 inserted in Schedule 7 22 PART 31—GAMBLING AND LIQUOR LEGISLATION FURTHER AMENDMENT ACT 2014 22 31.1 Definition 22 31.2 Extension of registration and licence periods 22 31.3 Trade promotion lotteries 23 39 References to authorised deposit-taking institutions 23 -- 2 of 43 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998 25 40 Definitions 25 41 Where supply occurs if off-premises request made 25 42 New sections 66AA, 66AB, 66AC and 66AD inserted 26 66AA Definitions 26 66AB Specification of certain licences 27 66AC Specification of certain licences as small business licences 27 66AD Requirement to provide wholesale information 28 43 Providing for agent of change principle to apply to Commission inquiries on amenity 29 44 Suspension by police 29 45 Service of breach notice 29 46 New Division 7 inserted in Part 8 30 Division 7—Advanced RSA programs 30 146E Approval of advanced RSA programs 30 146F Direction to complete approved advanced RSA program 30 PART 4—AMENDMENT OF VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 31 47 Definitions 31 48 Constitution of Commission 31 49 New section 15A inserted 31 15A Sessional commissioners 31 50 Acting appointments 32 51 Meetings 32 52 Delegation 32 53 Inquiries by Commission 33 PART 5—AMENDMENT OF GAMBLING AND LIQUOR LEGISLATION AMENDMENT (MODERNISATION) ACT 2014 34 54 Definitions 34 55 New section 1.3AA inserted 34 56 Increased penalties in relation to unauthorised gambling 36 57 Restriction on publication and use of race fields 36 58 Transitional provisions 37 -- 3 of 43 -- Section Page iv Authorised by the Chief Parliamentary Counsel PART 6—REPEAL OF AMENDING ACT 38 59 Repeal of amending Act 38 ═══════════════ ENDNOTES 39 -- 4 of 43 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Gambling and Liquor Legislation Further Amendment Act 2014 † No. 64 of 2014 [Assented to 9 September 2014] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to make further amendments to the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998 and the Victorian Commission for Gambling and Liquor Regulation Act 2011 and to amend the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014. Victoria -- 5 of 43 -- Part 1—Preliminary Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 2 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) This Part, sections 10 and 12 and Part 5 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 August 2015, it comes into operation on that day. __________________ s. 2 -- 6 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF GAMBLING REGULATION ACT 2003 3 Purpose, objectives and outline In section 1.1(3)(d) of the Gambling Regulation Act 2003, after "lotteries and" insert "the conduct of". 4 Definitions In section 1.3(1) of the Gambling Regulation Act 2003— (a) the definition of authorised deposit-taking institution is repealed; (b) in the definition of money, for "authorised deposit-taking institution" substitute "ADI". 5 Nominee of venue operator After section 3.4.14(3) of the Gambling Regulation Act 2003 insert— "(3A) An application for approval of a nominee under this section— (a) must be in the form approved by the Commission; and 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, 4/2014, 21/2014, 26/2014, 34/2014, 37/2014 and 44/2014. LawToday: www. legislation. vic.gov.au s. 3 -- 7 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 4 Authorised by the Chief Parliamentary Counsel (b) must be accompanied by the prescribed fee (if any).". 6 Notification of certain applications and changes concerning liquor licence (1) For the heading to section 3.4.22 of the Gambling Regulation Act 2003 substitute— "Removal of approved venue if liquor licence is cancelled etc.". (2) Section 3.4.22(1) of the Gambling Regulation Act 2003 is repealed. (3) In section 3.4.23 of the Gambling Regulation Act 2003— (a) in subsection (1)— (i) in paragraph (b), for "corporate;" substitute "corporate."; (ii) paragraph (c) is repealed; (b) subsection (2) is repealed. 7 Manufacture, sale, supply, obtaining or possession of gaming machines After section 3.5.1(5) of the Gambling Regulation Act 2003 insert— "(5A) A person may obtain or be in possession of gaming equipment if— (a) the person is an ADI or an employee or agent of an ADI; and (b) the equipment is obtained or possessed in accordance with or as a result of the exercise by the ADI of a power or proprietary right under a financial or other arrangement with a venue operator. s. 6 -- 8 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 5 Authorised by the Chief Parliamentary Counsel (5B) A person referred to in subsection (5A) may sell or supply gaming equipment obtained under subsection (5A) to a person listed on the Roll.". 8 Variation of gaming machine types and games After section 3.5.5(3A) of the Gambling Regulation Act 2003 insert— "(3B) An application to approve a variation under this section— (a) must be in the form approved by the Commission; and (b) must be accompanied by the prescribed fee (if any).". 9 Taxation in relation to gaming in approved venues (1) In section 3.6.6A of the Gambling Regulation Act 2003— (a) in subsection (2)— (i) for "under which gaming is or may be conducted in the approved venue" (where first occurring) substitute "in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act"; (ii) for "under which gaming is or may be conducted in the approved venue" (where secondly occurring) substitute "in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on"; s. 8 -- 9 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 6 Authorised by the Chief Parliamentary Counsel (b) in subsection (4)— (i) for "the gaming machine entitlement" (where first occurring) substitute "each gaming machine entitlement"; (ii) for "the gaming machine entitlement" (where secondly occurring) substitute "all gaming machine entitlements"; (iii) for "under which gaming is or may be conducted in the approved venue" substitute "in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act"; (c) in subsection (5), for "under which gaming is or may be conducted at the approved venue" substitute "in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on". (2) In section 3.6.6B of the Gambling Regulation Act 2003— (a) in subsection (2)— (i) for "under which gaming is or may be conducted in the approved venue" (where first occurring) substitute "in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act"; s. 9 -- 10 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 7 Authorised by the Chief Parliamentary Counsel (ii) for "under which gaming is or may be conducted in the approved venue" (where secondly occurring) substitute "in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on"; (b) in subsection (4)— (i) for "the gaming machine entitlement" (where first occurring) substitute "each gaming machine entitlement"; (ii) for "the gaming machine entitlement" (where secondly occurring) substitute "all gaming machine entitlements"; (iii) for "under which gaming is or may be conducted in the approved venue" substitute "in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act"; (c) in subsection (5), for "under which gaming is or may be conducted at the approved venue" substitute "in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on". 10 Declaration of different rate of return (1) For the heading to section 3.6.8 of the Gambling Regulation Act 2003 substitute— "Declaration for club venue operators to pay different tax in some circumstances". s. 10 -- 11 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 8 Authorised by the Chief Parliamentary Counsel (2) In section 3.6.8 of the Gambling Regulation Act 2003— (a) in subsection (1), for "the amounts payable by the gaming operator under section 3.6.6 are to be paid" substitute ", instead of the venue operator paying tax under section 3.6.6B, the venue operator must pay tax under section 3.6.6A"; (b) in subsection (4A)— (i) in paragraph (b), for "holder of the licence" substitute "venue operator"; (ii) for "the amounts payable by the gaming operator under section 3.6.6 in respect of the venue are to be paid" substitute ", instead of the venue operator paying tax under section 3.6.6B, the venue operator must pay tax under section 3.6.6A". (3) For section 3.6.8(4B) of the Gambling Regulation Act 2003 substitute— "(4B) The Commission must notify the venue operator of the making of a declaration under subsection (4A).". (4) In section 3.6.8 of the Gambling Regulation Act 2003— (a) in subsection (4C)— (i) for "subsection (4B)(a)" substitute "subsection (4B)"; (ii) for "gaming operator" substitute "venue operator"; (b) subsection (5) is repealed. s. 10 -- 12 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 9 Authorised by the Chief Parliamentary Counsel 11 New Division 3 inserted in Part 6 of Chapter 3 After Division 2 of Part 6 of Chapter 3 of the Gambling Regulation Act 2003 insert— "Division 3—Unclaimed winnings 3.6.13 Unclaimed winnings (1) On or before 31 May each year a venue operator that held winnings on 1 March of that year that had remained unclaimed for not less than 12 months before that 1 March must pay to the Treasurer an amount equal to the sum of all those unclaimed winnings less any amounts that have been paid to persons entitled to the winnings and any amounts deducted under subsection (2). (2) A venue operator may deduct out of unclaimed winnings paid to the Treasurer under subsection (1) an amount equivalent to the expenses of the venue operator reasonably incurred in searching for the persons entitled to the winnings. (3) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (1), the Treasurer, on being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose. (4) This section does not apply to a venue operator who is a casino operator. (5) In this section— winnings means winnings from the playing of a gaming machine, including winnings in the form of— (a) a cheque; and s. 11 -- 13 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 10 Authorised by the Chief Parliamentary Counsel (b) a ticket or other instrument authorising the payment of winnings from the playing of a gaming machine; and (c) accumulated credits within the meaning of section 3.5.33; and (d) any coins left in the coin tray of a gaming machine.". 12 New Division 4A inserted in Part 8A of Chapter 3 After Division 4 of Part 8A of Chapter 3 of the Gambling Regulation Act 2003 insert— "Division 4A—Standard venue conditions 3.8A.19A Minister may determine standard venue conditions (1) The Minister may from time to time by instrument determine standard conditions that are to apply to a venue operator or a casino operator and to the monitoring licensee in relation to the provision of pre- commitment services. (2) The Minister may determine different standard conditions for different venue operators or classes of venue operators and for casino operators. (3) The Minister must consult venue operators, casino operators and the monitoring licensee before the Minister determines standard conditions that will apply to the operators or the licensee. s. 12 -- 14 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 11 Authorised by the Chief Parliamentary Counsel 3.8A.19B Publication and effect of standard venue conditions (1) A determination under section 3.8A.19A— (a) must be published in the Government Gazette; and (b) takes effect at the time it is published or at the later time specified in it. (2) The monitoring licensee and each venue operator or casino operator to which a determination under section 3.8A.19A applies must comply with the standard conditions contained in the determination. 3.8A.19C No compensation for determination of standard venue conditions No compensation is payable by the State because of the making of a determination under section 3.8A.19A.". 13 Licensee to make betting rules (1) For section 4.2.5(2B) of the Gambling Regulation Act 2003 substitute— "(2B) The maximum amount of commission specified in accordance with subsection (2A) cannot exceed— (a) in the case of a commission to be deducted out of an amount invested in an internationally pooled totalisator— 40% of the total amount invested in the totalisator; or (b) in the case of a commission to be deducted out of an amount invested in any other totalisator—25% of the total amount invested in the totalisator.". s. 13 -- 15 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 12 Authorised by the Chief Parliamentary Counsel (2) After section 4.2.5(2B) of the Gambling Regulation Act 2003 insert— "(2BA) For the purposes of subsection (2B), a totalisator is an internationally pooled totalisator if it is conducted— (a) in Australia in respect of a wagering event occurring outside Australia; and (b) in conjunction with a totalisator that is conducted outside Australia in respect of that event.". 14 Commissions—section 4.4.8 For the note at the foot of section 4.4.8 of the Gambling Regulation Act 2003 substitute— "Note For the amount that the maximum amount specified in the betting rules cannot exceed, see section 4.2.5(2B).". 15 Definitions for sports betting provisions In section 4.5.1 of the Gambling Regulation Act 2003— (a) insert the following definition— "corresponding sports betting law means a law of another State or of a Territory that provides for the regulation of betting on sporting events;"; (b) in the definition of sports controlling body, after "section 4.5.15" insert "or declared under section 4.5.15A". 16 Approval of sports controlling bodies for sports betting purposes (1) In the heading to Division 4 of Part 5 of Chapter 4 of the Gambling Regulation Act 2003, after "Approval" insert "or declaration". s. 14 -- 16 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 13 Authorised by the Chief Parliamentary Counsel (2) In the heading to section 4.5.14 of the Gambling Regulation Act 2003, after "applications" insert "for approval". 17 New section 4.5.15A inserted After section 4.5.15 of the Gambling Regulation Act 2003 insert— "4.5.15A Declaration of sports controlling body from another jurisdiction (1) An organisation that is approved under a corresponding sports betting law as the controlling body for a sporting event for the purposes of that law may apply to the Commission to be declared as the sports controlling body for a sports betting event for the purposes of this Part. (2) The Commission may declare the applicant as the sports controlling body for a sports betting event if the Commission is satisfied that the process for approving the applicant as a controlling body for the equivalent event under the corresponding sports betting law is at least equivalent to the process for approving a sports controlling body under this Division. (3) The Commission must notify the applicant in writing of its decision whether or not to declare the applicant as a sports controlling body. (4) If the Commission refuses to declare the applicant as a sports controlling body, it must include reasons for the refusal in the written notification. (5) The Commission may impose any conditions it thinks fit on a declaration at the time of making the declaration or at any later time. s. 17 -- 17 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 14 Authorised by the Chief Parliamentary Counsel (6) A declaration— (a) takes effect on the day specified by the Commission in the written notification; and (b) remains in force until revoked by the Commission under section 4.5.17 or surrendered under section 4.5.18.". 18 Further provisions for declarations of sports controlling bodies (1) In section 4.5.16(1) of the Gambling Regulation Act 2003— (a) after paragraph (a) insert— "(ab) the declaration of an organisation as a sports controlling body under section 4.5.15A; and"; (b) in paragraphs (b) and (c), after "approval" insert "or declaration". (2) In section 4.5.16(2) of the Gambling Regulation Act 2003, after "approval," insert "declaration,". (3) In the heading to section 4.5.17 of the Gambling Regulation Act 2003, after "approval" insert "or declaration". (4) In section 4.5.17(1) of the Gambling Regulation Act 2003, after "approval" (wherever occurring) insert "or declaration". (5) In the heading to section 4.5.18 of the Gambling Regulation Act 2003, after "approval" insert "or declaration". (6) In section 4.5.18(1) of the Gambling Regulation Act 2003, after "approval" insert "or declaration". (7) In section 4.5.20(1) of the Gambling Regulation Act 2003, after "approval" (wherever occurring) insert "or declaration". s. 18 -- 18 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 15 Authorised by the Chief Parliamentary Counsel 19 Prohibition on offering betting service without agreement or determination In the penalty at the foot of section 4.5.22(1) of the Gambling Regulation Act 2003, for "60 penalty units" substitute "120 penalty units". 20 Commission may prohibit betting on contingencies (1) After section 4.5.29(1) of the Gambling Regulation Act 2003 insert— "(1A) The Commission may prohibit betting on a contingency under subsection (1) on application by a sports controlling body or on its own initiative.". (2) After section 4.5.30(3) of the Gambling Regulation Act 2003 insert— "(3A) The Commission must cause to be given to a sports controlling body written notice of a prohibition under this Division, or variation or revocation of a prohibition, that is relevant to the sports controlling body, but failure to do so does not affect the validity of the prohibition, variation or revocation. (3B) If a sports controlling body applies to the Commission to prohibit betting on a contingency and the Commission decides not to prohibit it, the Commission must cause written notice of the decision to be given to the sports controlling body including reasons for the decision.". s. 19 -- 19 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 16 Authorised by the Chief Parliamentary Counsel 21 New Division 7 inserted in Part 5 of Chapter 4 After Division 6 of Part 5 of Chapter 4 of the Gambling Regulation Act 2003 insert— "Division 7—Monitoring integrity in sports betting 4.5.32 Sports controlling body to notify Commission (1) A sports controlling body must notify the Commission in writing of— (a) any change to the sports controlling body's policies, rules, codes of conduct or other mechanisms designed to ensure the integrity of the relevant sports betting event; and (b) any change to the expertise, resources and authority available to the sports controlling body to administer, monitor and enforce those policies, rules, codes of conduct and other mechanisms. (2) Notification under subsection (1) must be given— (a) at intervals not exceeding 12 months; and (b) at any time on request by the Commission. (3) If a sports controlling body becomes aware of a breach or suspected breach of its policies, rules, codes of conduct or other mechanisms designed to ensure the integrity of the relevant sports betting event, the sports controlling body must, as soon as practicable and in any event within 14 days, notify the Commission in writing of the breach or suspected breach. s. 21 -- 20 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 17 Authorised by the Chief Parliamentary Counsel (4) A sports controlling body must, as soon as practicable and in any event within 14 days, notify the Commission in writing of the action taken by the sports controlling body to investigate a breach or suspected breach referred to in subsection (3). (5) A sports controlling body must, as soon as practicable and in any event within 14 days, notify the Commission in writing of the result of action taken on the completion of an investigation referred to in subsection (4). 4.5.33 Direction to sports controlling body to provide information about integrity mechanisms (1) The Commission may give a written direction to a sports controlling body to provide to the Commission, within the time of not less than 14 days specified in the direction, any information about the implementation by the sports controlling body of mechanisms designed to ensure the integrity of the relevant sports betting event. (2) A sports controlling body must comply with a direction under subsection (1).". 22 Duration of registration as bookmaker or bookmaker's key employee In section 4.5A.7(b) of the Gambling Regulation Act 2003, for "5 years" substitute "10 years". 23 Approval of registered bookmakers to be in partnerships Section 4.5A.10(2)(a) of the Gambling Regulation Act 2003 is repealed. s. 22 -- 21 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 18 Authorised by the Chief Parliamentary Counsel 24 Commissions—section 4.6.1 For the note at the foot of section 4.6.1 of the Gambling Regulation Act 2003 substitute— "Note For the amount that the maximum amount specified in the betting rules cannot exceed, see section 4.2.5(2B).". 25 Trade promotion lotteries declared lawful In section 5.7.1 of the Gambling Regulation Act 2003 omit "or a permit under Division 2". 26 No permit required for trade promotion lotteries (1) For the heading to section 5.7.2 of the Gambling Regulation Act 2003 substitute— "Conduct of trade promotion lotteries". (2) For section 5.7.2(1) of the Gambling Regulation Act 2003 substitute— "(1) A person may conduct a trade promotion lottery if the person complies with— (a) subsection (2); and (b) any prescribed conditions.". 27 Repeal of provisions for trade promotion lottery permits Divisions 2 and 3 of Part 7 of Chapter 5 of the Gambling Regulation Act 2003 are repealed. 28 Definitions for Division 4 of Part 7 of Chapter 5 In section 5.7.16AA of the Gambling Regulation Act 2003, in the definition of gaming machine play restriction, omit "or 5.7.5(2)(b)". s. 24 -- 22 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 19 Authorised by the Chief Parliamentary Counsel 29 Conducting trade promotion lottery in contravention of Act etc. In section 5.7.16 of the Gambling Regulation Act 2003— (a) in subsection (1), for "this Act, the regulations and the conditions of the permit, if any, authorising the lottery" substitute "this Act and the regulations"; (b) subsection (2) is repealed. 30 Venue operators not to conduct trade promotion lotteries in relation to gaming (1) In the heading to section 5.7.16A of the Gambling Regulation Act 2003, for "Gaming operator" substitute "Venue operators". (2) In section 5.7.16A(1) of the Gambling Regulation Act 2003, for "gaming operator" substitute "venue operator". 31 Repeal of other provisions relating to trade promotion lotteries and permits Sections 5.7.17 and 5.7.18, Division 5 of Part 7 of Chapter 5 and section 5.7.20(2) of the Gambling Regulation Act 2003 are repealed. 32 Duration of bingo centre operator's and commercial raffle organiser's licences (1) In section 8.5.8 of the Gambling Regulation Act 2003, for "5 years" substitute "10 years". (2) In section 8.5A.9 of the Gambling Regulation Act 2003, for "5 years" substitute "10 years". s. 29 -- 23 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 20 Authorised by the Chief Parliamentary Counsel 33 Compulsory training for certain gaming industry employees (1) In section 9A.1.18 of the Gambling Regulation Act 2003— (a) in subsection (1)(a), for "the period specified in subsection (1A)" substitute "6 months after commencing to work in the gaming machine area of an approved venue"; (b) subsection (1A) is repealed; (c) in subsection (1B)— (i) after "licensee" insert "or other person"; (ii) in paragraph (b), for "the commencement of employment with a venue operator" substitute "commencing to work in the gaming machine area of an approved venue". (2) For section 9A.1.18(2) of the Gambling Regulation Act 2003 substitute— "(2) A venue operator must ensure that a licensee or other person who is employed by the venue operator and who is required to comply with subsection (1) does not fail to comply with that subsection. Penalty: 20 penalty units.". 34 Responsible Gambling Ministerial Advisory Council (1) In section 10.2.1(1) of the Gambling Regulation Act 2003 omit ", after consultation with the Minister for Community Services,". (2) In section 10.2.2 of the Gambling Regulation Act 2003, for "to provide to the Minister and the Minister for Community Services advice" substitute "to provide advice to the Minister". s. 33 -- 24 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 21 Authorised by the Chief Parliamentary Counsel 35 Prior Commission approval of associates After section 10.4A.7(2) of the Gambling Regulation Act 2003 insert— "(2A) An application for approval under this section— (a) must be in the form approved by the Commission; and (b) must be accompanied by the prescribed fee (if any).". 36 Regulations For section 11.2.1(3)(d) of the Gambling Regulation Act 2003 substitute— "(d) fees that vary according to different classes of— (i) applicants; or (ii) gambling industry participants; or (iii) gambling authorisations; or (iv) premises; (da) scales of fees according to the value of the services to which the fees relate;". 37 Modifications of Tasmanian Act for onboard gaming In Schedule 2 to the Gambling Regulation Act 2003— (a) in clause (2)(a), after "Gambling" insert "and Liquor"; (b) clause (2)(c) and (h) are repealed; (c) in clause (2)(i), for "police officer" substitute "operator"; s. 35 -- 25 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 22 Authorised by the Chief Parliamentary Counsel (d) after clause (2)(l) insert— '(m) in the definition of Victorian Commission after "Gambling" there were inserted "and Liquor";'; (e) clause (9)(a) is repealed; (f) in clause (10) omit "29, 30,". 38 New Part 31 inserted in Schedule 7 At the end of Schedule 7 to the Gambling Regulation Act 2003 insert— "PART 31—GAMBLING AND LIQUOR LEGISLATION FURTHER AMENDMENT ACT 2014 31.1 Definition In this Part— amending Act means the Gambling and Liquor Legislation Further Amendment Act 2014. 31.2 Extension of registration and licence periods (1) On the day on which section 22 of the amending Act comes into operation, the registration of a bookmaker or bookmaker's key employee that was in effect under Part 5A of Chapter 4 immediately before that day is taken to have been granted for a period of 10 years from the date the registration took effect. (2) On the day on which section 32(1) of the amending Act comes into operation, a bingo centre operator's licence that was in effect immediately before that day is taken to have been granted for a period of 10 years from the date the licence was granted. s. 38 -- 26 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 23 Authorised by the Chief Parliamentary Counsel (3) On the day on which section 32(2) of the amending Act comes into operation, a commercial raffle organiser's licence that was in effect immediately before that day is taken to have been granted for a period of 10 years from the date the licence was granted. 31.3 Trade promotion lotteries (1) This clause applies if a permit in force under Division 2 of Part 7 of Chapter 5 immediately before the day on which section 27 of the amending Act comes into operation authorises the conduct of a trade promotion lottery on or after that day. (2) The trade promotion lottery may be conducted on or after the day on which section 27 of the amending Act comes into operation in accordance with the conditions of the permit as in force immediately before that day.". 39 References to authorised deposit-taking institutions (1) In section 3.1.2 of the Gambling Regulation Act 2003, in the definition of approved linked jackpot trust account, in paragraph (a), for "authorised deposit-taking institution" substitute "ADI". (2) In sections 3.4.49A, 3.4.49C(2)(b), 3.7.3(1) and (2) and 3.7.6(1) and (2) of the Gambling Regulation Act 2003, for "authorised deposit- taking institution" (wherever occurring) substitute "ADI". s. 39 -- 27 of 43 -- Part 2—Amendment of Gambling Regulation Act 2003 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 24 Authorised by the Chief Parliamentary Counsel (3) In section 4.8.2 of the Gambling Regulation Act 2003— (a) in subsections (1) and (1A)— (i) in paragraph (a), for "authorised deposit-taking institution or institutions" substitute "ADI or ADIs"; (ii) in paragraph (b), for "authorised deposit-taking institution" (where twice occurring) substitute "ADI"; (b) in subsections (2) and (3), for "authorised deposit-taking institution" (wherever occurring) substitute "ADI". (4) In section 8.2.3(c) of the Gambling Regulation Act 2003, for "authorised deposit-taking institution" substitute "ADI". (5) In section 8.4.2A(2)(b)(vi) of the Gambling Regulation Act 2003, for "approved deposit-taking institution" substitute "ADI". (6) In section 8.6.1(2) and (3) of the Gambling Regulation Act 2003, for "authorised deposit- taking institution" (wherever occurring) substitute "ADI". __________________ s. 39 -- 28 of 43 -- Part 3—Amendment of Liquor Control Reform Act 1998 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 25 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998 40 Definitions In section 3(1) of the Liquor Control Reform Act 1998 insert the following definition— "approved advanced RSA program means a training program approved by the Commission under section 146E;". 41 Where supply occurs if off-premises request made For the examples at the foot of section 3B of the Liquor Control Reform Act 1998 substitute— "Example A customer orders the home delivery of a carton of beer by phone from the manager of premises licensed to supply liquor for consumption off the premises. The customer pays for the beer by providing credit card details over the phone. The manager selects the beer from the fridge and a staff member delivers the beer to the customer's house. In this scenario the beer is supplied to the customer at the fridge because that is where it was appropriated to the customer's order.". See: Act No. 94/1998. Reprint No. 7 as at 1 May 2013 and amending Act Nos 9/2013, 41/2013, 70/2013, 4/2014, 17/2014, 21/2014 and 37/2014. LawToday: www. legislation. vic.gov.au s. 40 -- 29 of 43 -- Part 3—Amendment of Liquor Control Reform Act 1998 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 26 Authorised by the Chief Parliamentary Counsel 42 New sections 66AA, 66AB, 66AC and 66AD inserted Before section 66A of the Liquor Control Reform Act 1998 insert— "66AA Definitions In this Division— applicable licence means a licence that is not— (a) a general licence; or (b) an on-premises licence; or (c) a restaurant and cafe licence; or (d) a club licence; or (e) a packaged liquor licence; or (f) a late night licence; or (g) a licence that is specified, or of a class that is specified, in an Order under section 66AB; or (h) a licence that is specified in an Order under section 66AC as a licence held by a small business; or (i) a licence of a class that is specified in an Order under section 66AC as a class of licences held by small businesses; reporting licensee means a holder of an applicable licence; wholesale liquor transaction means a transaction in which a reporting licensee, under an applicable licence, supplies liquor to another licensee in that other licensee's capacity as a licensee; s. 42 -- 30 of 43 -- Part 3—Amendment of Liquor Control Reform Act 1998 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 27 Authorised by the Chief Parliamentary Counsel wholesale liquor supply information means, in relation to a wholesale liquor transaction, the following information— (a) the volume of liquor supplied in the transaction; (b) the value, in dollars, of the liquor supplied in the transaction; (c) the type of the liquor supplied in the transaction; (d) the prescribed additional information (if any) relating to the transaction. 66AB Specification of certain licences The Minister may, by Order published in the Government Gazette, specify a licence or a class of licences for the purposes of paragraph (g) of the definition of applicable licence in section 66AA. 66AC Specification of certain licences as small business licences (1) The Minister may, by Order published in the Government Gazette, specify— (a) a licence as a licence held by a small business; or (b) a class of licences as licences held by small businesses. (2) For the purpose of making an Order under subsection (1), the Minister must consult with— (a) the Minister administering the Small Business Commissioner Act 2003; and s. 42 -- 31 of 43 -- Part 3—Amendment of Liquor Control Reform Act 1998 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 28 Authorised by the Chief Parliamentary Counsel (b) the Minister administering Part V of the Drugs, Poisons and Controlled Substances Act 1981. 66AD Requirement to provide wholesale information (1) A reporting licensee who has conducted a wholesale liquor transaction in a prescribed period must provide the information specified in subsection (2) to a prescribed person on the prescribed day of every year. (2) For the purposes of subsection (1), the specified information is the wholesale liquor supply information for each wholesale liquor transaction carried out by the reporting licensee in the prescribed period. (3) The regulations may prescribe— (a) the form and manner in which the wholesale liquor supply information must be provided; and (b) the purposes for which the wholesale liquor supply information may be used, being purposes that are consistent with the objects of this Act; and Note See section 4 for the objects of this Act. (c) the persons to whom a prescribed person referred to in subsection (1) may disclose the wholesale liquor information; and (d) limitations on the use or disclosure of the wholesale liquor supply information. (4) No compensation is payable by the State in respect of anything done in compliance with this section.". s. 42 -- 32 of 43 -- Part 3—Amendment of Liquor Control Reform Act 1998 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 29 Authorised by the Chief Parliamentary Counsel 43 Providing for agent of change principle to apply to Commission inquiries on amenity For section 95(2) of the Liquor Control Reform Act 1998 substitute— "(2) Before the Commission makes a determination under subsection (3)— (a) the Commission must consider any submissions made by the licensee or permittee or an interested person referred to in section 94B; and (b) if the determination is to be based on the ground referred to in subsection (1)(a), the Commission must consider whether the licensee or permittee had been operating the licensed premises before any change to the area in which the licensed premises are situated that may affect the Commission's view of the amenity of the area.". 44 Suspension by police In section 96A(1)(a) of the Liquor Control Reform Act 1998, for "an application under section 90" substitute "a request under section 91(1)(b)". 45 Service of breach notice In section 97A(1) of the Liquor Control Reform Act 1998, for "grounds for an application under section 91 for an inquiry into the licensee" substitute "grounds for disciplinary action in relation to the licensee under Division 1". s. 43 -- 33 of 43 -- Part 3—Amendment of Liquor Control Reform Act 1998 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 30 Authorised by the Chief Parliamentary Counsel 46 New Division 7 inserted in Part 8 After Division 6 of Part 8 of the Liquor Control Reform Act 1998 insert— "Division 7—Advanced RSA programs 146E Approval of advanced RSA programs The Commission may, from time to time, approve training programs to be approved advanced RSA programs for the purposes of this Act. 146F Direction to complete approved advanced RSA program (1) The Minister, by notice published in the Government Gazette, may direct that a person who is in a class of persons specified in the direction must complete an approved advanced RSA program within the period specified in the direction. (2) A direction under subsection (1) may be given only in relation to classes of persons who are licensees or persons who sell, offer for sale or serve liquor on licensed premises. (3) A person to whom a direction applies must comply with the direction. (4) If a direction applies to a person (other than the licensee) who sells, offers for sale or serves liquor on licensed premises, the licensee of the premises must ensure that the person complies with the direction.". __________________ s. 46 -- 34 of 43 -- Part 4—Amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 31 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 47 Definitions In section 3 of the Victorian Commission for Gambling and Liquor Regulation Act 2011— (a) insert the following definition— "sessional commissioner means a commissioner appointed under section 15A."; (b) in the definition of restricted person, in paragraph (c), for "2003." substitute "2003;". 48 Constitution of Commission In section 11(1)(c) of the Victorian Commission for Gambling and Liquor Regulation Act 2011, after "additional" insert "and sessional". 49 New section 15A inserted After section 15 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert— "15A Sessional commissioners (1) The Governor in Council, on the recommendation of the Minister, may appoint qualified and eligible persons as sessional commissioners. (2) The appointment of a sessional commissioner is to be on a part-time or daily basis, on the terms and conditions determined by the Governor in Council. (3) A sessional commissioner may be appointed— (a) for a specific period; or (b) for a specific matter. See: Act No. 58/2011 and amending Act No. 70/2013. LawToday: www. legislation. vic.gov.au s. 47 -- 35 of 43 -- Part 4—Amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 32 Authorised by the Chief Parliamentary Counsel (4) If the instrument of appointment of a sessional commissioner specifies that the commissioner is appointed for the purposes of a specific matter, the commissioner— (a) must be allocated to that matter; and (b) may perform the functions of a commissioner only in relation to that matter.". 50 Acting appointments In section 18(1) of the Victorian Commission for Gambling and Liquor Regulation Act 2011, after "commissioner" (where first occurring) insert "(other than as a sessional commissioner)". 51 Meetings After section 27(2) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert— "(2A) If a sessional commissioner has been appointed for a specific matter, the quorum for a meeting of the Commission that is to perform any function in relation to that matter must include that sessional commissioner.". 52 Delegation (1) In section 30(3) of the Victorian Commission for Gambling and Liquor Regulation Act 2011, after "delegable" insert "under subsection (1) or (2)". s. 50 -- 36 of 43 -- Part 4—Amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 33 Authorised by the Chief Parliamentary Counsel (2) After section 30(3) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert— "(3A) The Commission may, by instrument, delegate to a commissioner— (a) the power to determine whether to conduct an inquiry under section 91 or 94 of the Liquor Control Reform Act 1998, but not the power to conduct the inquiry; and (b) the power to allow a longer period under section 153(2)(a)(iii) of the Liquor Control Reform Act 1998 for an application to be made under section 153 of that Act; and (c) the power to make a decision under section 160 of the Liquor Control Reform Act 1998 to stay the operation of a decision pending review, including the power to attach conditions to the stay under section 160(5) of that Act.". 53 Inquiries by Commission After section 33(3) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert— "(4) If a sessional commissioner has been appointed for a specific matter, that sessional commissioner must sit on any inquiry in relation to that matter.". __________________ s. 53 -- 37 of 43 -- Part 5—Amendment of Gambling and Liquor Legislation Amendment (Modernisation) Act 2014 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 34 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENT OF GAMBLING AND LIQUOR LEGISLATION AMENDMENT (MODERNISATION) ACT 2014 54 Definitions In section 3 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014— (a) in paragraph (c), for "1.3AA(3)" substitute "1.3AA(4)"; (b) in paragraph (g), in the proposed definition of wagering service provider, omit "in Australia" (wherever occurring). 55 New section 1.3AA inserted (1) In section 4 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, after proposed section 1.3AA(2) insert— "(3) In addition to subsection (1), gambling includes the following activities— (a) any game known as— (i) baccarat; or (ii) dinah-minah; or (iii) fan-tan; or (iv) faro; or (v) hazard; or (vi) minah-dinah; or (vii) roulette; or (viii) skill-ball; or (ix) two-up; (b) any game that is similar to a game referred to in paragraph (a); s. 54 -- 38 of 43 -- Part 5—Amendment of Gambling and Liquor Legislation Amendment (Modernisation) Act 2014 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 35 Authorised by the Chief Parliamentary Counsel (c) any game in which the chances are not equally favourable to all the players, including the banker or other person by whom the game is conducted or against whom the other players stake, play or bet; (d) any game— (i) that is played with cards or a document, device, piece of equipment or other thing; and (ii) in which any person derives a percentage or share of the amount or amounts wagered; (e) the use of a totalisator.". (2) In section 4 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014— (a) in proposed section 1.3AA(3)(a), (b) and (e), for "an activity" substitute "an unlisted activity"; and (b) in proposed section 1.3AA(3)(e), for 'paragraph.".' substitute "paragraph.". (3) In section 4 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, in proposed section 1.3AA, for "(3) Despite" substitute "(4) Despite". (4) In section 4 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, at the end of proposed section 1.3AA insert— '(5) In this section— unlisted activity means an activity that is not referred to in subsection (3).".'. s. 55 -- 39 of 43 -- Part 5—Amendment of Gambling and Liquor Legislation Amendment (Modernisation) Act 2014 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 36 Authorised by the Chief Parliamentary Counsel 56 Increased penalties in relation to unauthorised gambling (1) In section 9 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014— (a) for the penalty at the foot of proposed section 2.2.1(1) substitute— "Penalty: 1000 penalty units or imprisonment for 2 years or both."; (b) for the penalty at the foot of proposed section 2.2.8(1) substitute— "Penalty: 1000 penalty units or imprisonment for 2 years or both.". (2) In section 16 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, for the penalty at the foot of proposed section 2.5.20(1) substitute— "Penalty: 1000 penalty units or imprisonment for 2 years or both.". 57 Restriction on publication and use of race fields (1) In section 48 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, in proposed section 4.2.3A(1), after "publish" insert ", cause to be published". (2) In section 48 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, for proposed section 4.2.3A(2) substitute— "(2) Subsection (1) does not apply to a registered bookmaker.". s. 56 -- 40 of 43 -- Part 5—Amendment of Gambling and Liquor Legislation Amendment (Modernisation) Act 2014 Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 37 Authorised by the Chief Parliamentary Counsel (3) In section 48 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, in proposed section 4.2.3C(1), after "publish" insert ", cause to be published". 58 Transitional provisions In section 55 of the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014— (a) for "Part 28" substitute "Part 29"; (b) in the heading to proposed Part 29, for "PART 29" substitute "PART 30"; (c) in proposed Part 29— (i) for "29.1" substitute "30.1"; (ii) for "29.2" substitute "30.2"; (iii) for "29.3" substitute "30.3"; (iv) for "29.4" substitute "30.4"; (v) for "29.5" substitute "30.5"; (vi) for "29.6" substitute "30.6"; (vii) for "29.7" substitute "30.7"; (viii) for "29.8" substitute "30.8"; (ix) for "29.9" substitute "30.9". __________________ s. 58 -- 41 of 43 -- Part 6—Repeal of Amending Act Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 38 Authorised by the Chief Parliamentary Counsel PART 6—REPEAL OF AMENDING ACT 59 Repeal of amending Act This Act is repealed on 1 August 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). ═══════════════ s. 59 -- 42 of 43 -- Gambling and Liquor Legislation Further Amendment Act 2014 No. 64 of 2014 39 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 August 2014 Legislative Council: 21 August 2014 The long title for the Bill for this Act was "A Bill for an Act to make further amendments to the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998 and the Victorian Commission for Gambling and Liquor Regulation Act 2011, to amend the Gambling and Liquor Legislation Amendment (Modernisation) Act 2014 and for other purposes." Endnotes -- 43 of 43 --