Gambling Regulation Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Gambling Regulation Amendment Act 2013 No. 27 of 2013 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Principal Act 2 4 Definitions 2 5 Payments etc. to venue operator unlawful 3 6 Access to gaming machines 3 7 Commission may give directions 3 8 Payment to Community Support Fund 4 9 Exemption of totalisators and approved betting competitions at fixed odds 4 10 New section 4.3A.34L substituted 5 4.3A.34L Verification of registered player's identity 5 11 Wagering and betting funds of registered players 5 12 Requirements in relation to approved simulated racing events 5 13 References to obsolete provisions updated 5 14 Definitions for Chapter 6A (Keno) 6 15 New section 6A.1.3 inserted 6 6A.1.3 Keno linked jackpot arrangements 6 16 Returns to players of keno games 7 17 Definitions for Chapter 8 (Community and charitable gaming) 7 18 Bingo pooling schemes 7 19 Compulsory training for certain gaming industry employees 8 20 Service of documents 8 21 Statute law revision 8 22 Repeal of amending Act 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Gambling Regulation Amendment Act 2013 † No. 27 of 2013 [Assented to 15 May 2013] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to make miscellaneous amendments to the Gambling Regulation Act 2003. 2 Commencement (1) This Act (except sections 6, 10, 11, 14, 15 and 16) comes into operation on the day after the day on which it receives the Royal Assent. Victoria -- 2 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 2 Authorised by the Chief Parliamentary Counsel (2) Subject to subsection (3), sections 6, 10, 11, 14, 15 and 16 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 April 2014, it comes into operation on that day. 3 Principal Act In this Act, the Gambling Regulation Act 2003 is called the Principal Act. 4 Definitions (1) Insert the following definition in section 1.3(1) of the Principal Act— "business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;". (2) In section 1.3(1) of the Principal Act, in the definition of pooling scheme, for "holder of the minor gaming permit for" substitute "community or charitable organisation which conducts". s. 3 See: Act No. 114/2003. Reprint No. 5 as at 16 August 2012 and amending Act Nos 60/2011 and 20/2012. LawToday: www. legislation. vic.gov.au -- 3 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 3 Authorised by the Chief Parliamentary Counsel 5 Payments etc. to venue operator unlawful After section 3.4.68(2) of the Principal Act insert— "(2A) Subsections (1) and (2) do not apply— (a) to a payment or benefit that is authorised by this Act to be made, conferred or received; or (b) without limiting paragraph (a), to— (i) the provision by a person listed on the Roll of a discount on the sale of gaming machines in bulk to a venue operator in accordance with a price list published under section 3.4.68A by the person; or (ii) the receipt by a venue operator of such a discount.". 6 Access to gaming machines Section 3.5.14 of the Principal Act is repealed. 7 Commission may give directions (1) For section 3.5.27(2) of the Principal Act substitute— "(2) A person to whom a direction is given under subsection (1) must comply with it as soon as it takes effect. Penalty: 25 penalty units.". (2) In section 3.5.27 of the Principal Act— (a) in subsection (3), for "the operator" substitute "the person"; (b) in subsection (4), for "the operator's licence" substitute "the applicable licence". s. 5 -- 4 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 4 Authorised by the Chief Parliamentary Counsel 8 Payment to Community Support Fund (1) In section 3.6.12(1) of the Principal Act, for "and the relevant pub gaming machine entitlement amount in respect of each period referred to in that section" substitute "in respect of each period referred to in that section and the relevant pub gaming machine entitlement amount in respect of each period referred to in section 3.6.6A". (2) In section 3.6.12(1A) of the Principal Act— (a) for "8 financial years" substitute "12 financial years"; (b) after "section 3.6.6(2)(c)" insert "and the relevant pub gaming machine entitlement amount". 9 Exemption of totalisators and approved betting competitions at fixed odds (1) In section 4.1.3(4) of the Principal Act, after "conducted by the wagering and betting licensee" insert "or the wagering and betting operator". (2) After section 4.1.3(5) of the Principal Act insert— "(6) The Treasurer, by notice given to the wagering and betting licensee, may, subject to the conditions (if any) determined by the Treasurer and specified in the notice, declare that specified amounts, or amounts of a specified class, are deemed, for the purposes of section 4.6.6(2A), not to form part of the net investment in approved betting competitions at fixed odds conducted by the wagering and betting licensee or the wagering and betting operator.". s. 8 -- 5 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 5 Authorised by the Chief Parliamentary Counsel 10 New section 4.3A.34L substituted For section 4.3A.34L of the Principal Act substitute— "4.3A.34L Verification of registered player's identity The wagering and betting licensee must ensure that a registered player's identity is verified in accordance with the conditions of the licensee's wagering and betting licence. Penalty: 600 penalty units.". 11 Wagering and betting funds of registered players (1) In section 4.3A.34M(7) of the Principal Act, for "working day" substitute "business day". (2) After section 4.3A.34M(7) of the Principal Act insert— "(7A) Subsections (5), (6) and (7) apply only after the registered player's identity has been verified under section 4.3A.34L and apply subject to any applicable laws of the Commonwealth.". 12 Requirements in relation to approved simulated racing events Division 6C of Part 3A of Chapter 4 of the Principal Act is repealed. 13 References to obsolete provisions updated In sections 4.5.25(3) and 4.5.27(4) of the Principal Act— (a) for "section 10.1.22" substitute "section 28 of the Victorian Commission for Gambling and Liquor Regulation Act 2011"; (b) for "held" substitute "conducted". s. 10 -- 6 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 6 Authorised by the Chief Parliamentary Counsel 14 Definitions for Chapter 6A (Keno) (1) Insert the following definition in section 6A.1.2 of the Principal Act— "approved keno linked jackpot arrangement means an arrangement approved under section 6A.1.3;". (2) At the end of section 6A.1.2 of the Principal Act insert— "(2) In determining, for the purposes of the definition of keno revenue in subsection (1), the sum of prizes payable in respect of keno games, if any prize is payable from a common jackpot prize pool under an approved keno linked jackpot arrangement, only that part of the prize pool contributed by the keno licensee is to be taken into account.". 15 New section 6A.1.3 inserted After section 6A.1.2 of the Principal Act insert— "6A.1.3 Keno linked jackpot arrangements (1) The Minister, by instrument, may approve an arrangement between the keno licensee and a licensee in another jurisdiction to conduct an identical keno game and to create a common jackpot prize pool. (2) The Minister or the Commission may request the keno licensee to provide to the Minister or the Commission (as the case requires) any information related to the operation of an approved keno linked jackpot arrangement. (3) The keno licensee must comply with a request under subsection (2).". s. 14 -- 7 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 7 Authorised by the Chief Parliamentary Counsel 16 Returns to players of keno games (1) In section 6A.4.1(2) of the Principal Act, after "the licensee" insert "or prizes in respect of keno games played (in Victoria or elsewhere) under an approved keno linked jackpot arrangement". (2) After section 6A.4.1(2) of the Principal Act insert— "(3) A reference in this section to a prizes fund established by the licensee includes a reference to a common jackpot prize pool established under an approved keno linked jackpot arrangement.". 17 Definitions for Chapter 8 (Community and charitable gaming) In section 8.1.2 of the Principal Act, in the definition of nominee, after paragraph (a) insert— "(ab) in relation to the conduct of sessions of bingo by a community or charitable organisation, the natural person nominated by the organisation under section 8.4.2A(2)(c) or 8.4.2B(2)(a);". 18 Bingo pooling schemes (1) For section 8.4.10(2)(a) of the Principal Act substitute— "(a) must not be inconsistent with this Act or the regulations; and". (2) For section 8.4.12(1)(c) of the Principal Act substitute— "(c) are inconsistent with this Act or the regulations.". s. 16 -- 8 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 8 Authorised by the Chief Parliamentary Counsel 19 Compulsory training for certain gaming industry employees (1) In section 9A.1.18(1) of the Principal Act, for "subsection (1B)" substitute "subsections (1B) and (1C)". (2) After section 9A.1.18(1B) of the Principal Act insert— "(1C) Subsection (1) does not apply to a person (other than a licensee) working in the gaming machine area of an approved venue who has no contact or interaction, or only incidental contact or interaction, with players of gaming machines in that area. Example Persons employed by a venue operator who have no, or only incidental, contact with players of gaming machines may include cleaners, technicians or tradespersons.". 20 Service of documents For section 11.1.2(a)(iii) of the Principal Act substitute— "(iii) by sending it by post to the person at his or her usual or last known place of residence or business; or". 21 Statute law revision In the heading to Part 25 of Schedule 7 to the Principal Act, for "GAMBLING LEGISLATION" substitute "JUSTICE LEGISLATION FURTHER". s. 19 -- 9 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 9 Authorised by the Chief Parliamentary Counsel 22 Repeal of amending Act This Act is repealed on 1 April 2015. 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. 22 -- 10 of 11 -- Gambling Regulation Amendment Act 2013 No. 27 of 2013 10 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 20 March 2013 Legislative Council: 18 April 2013 The long title for the Bill for this Act was "A Bill for an Act to make miscellaneous amendments to the Gambling Regulation Act 2003 and for other purposes." Endnotes -- 11 of 11 --