Gambling Regulation Amendment (Licensing) Act 2011
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Gambling Regulation Amendment (Licensing) Act
2011
No. 60 of 2011
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 3
PART 2—AMENDMENTS TO THE GAMBLING REGULATION
ACT 2003 4
Division 1—Miscellaneous amendments 4
3 Definitions 4
4 Possession of gaming machines may be authorised 5
5 Conduct of gaming 6
6 Authority conferred by gaming operator's licence 6
7 New section 3.4.5 substituted 7
3.4.5 Authority conferred by listing on the Roll 7
8 Authority conferred by listing on the Roll 9
9 Matters to be considered in determining applications 10
10 Register of venue operators and approved venues 10
11 New section 3.4.13A inserted 11
3.4.13A Venue operator to give Commission certain
information about where gaming will be conducted
under gaming machine entitlements 11
12 Disciplinary action against venue operator 11
13 Limitation of monitoring licensee's civil liability 12
14 Minister may determine certain damages that must be included
in related agreements 12
15 Arrangements with former licensee 12
16 Further provisions for temporary licence 13
17 Appointment of a monitoring services provider if monitoring
licences not granted 13
18 Appointment of a monitoring services provider after monitoring
licence suspended or cancelled 13
19 The Roll 14
20 Amendments relating to the Roll—Post new industry
arrangements 15
21 Application to be listed on the Roll 15
-- 1 of 70 --
Section Page
ii
Authorised by the Chief Parliamentary Counsel
22 Determination of applications 15
23 Disciplinary action 16
24 Gaming machine entitlements may authorise preparatory
action 16
25 New section 3.5.7A inserted 17
3.5.7A Linked jackpot arrangements unlawful without
approval 17
26 New sections 3.5.7B and 3.5.7C inserted 17
3.5.7B Approval of linked jackpot arrangements 17
3.5.7C Withdrawal of approval 19
27 Testing of electronic monitoring system 20
28 Approval of electronic monitoring systems 21
29 New section 3.5.17C inserted 22
3.5.17C Offence to interfere with an electronic monitoring
system 22
30 Directions to gaming operator to provide information etc. 22
31 Directions to monitoring licensee to provide information etc. 22
32 New Part 8 of Chapter 3 inserted 23
PART 8—LEGACY MONITORING SYSTEMS 23
Division 1—Preliminary 23
3.8.1 Definitions 23
3.8.2 Meaning of legacy monitoring system 23
3.8.3 Meaning of specified monitoring system information 24
3.8.4 Authorised persons 25
Division 2—Information gathering powers 25
3.8.5 Minister may direct legacy monitoring system owners
to provide information and documents 25
Division 3—Due diligence powers 27
3.8.6 Access notice 27
3.8.7 Access powers 28
3.8.8 What can the Minister or authorised person do after
service of access notice? 29
3.8.9 Specified persons must give information to Minister
or authorised persons 30
3.8.10 Direction to provide reasonable assistance 31
3.8.11 Offences relating to obstruction of Minister or
authorised persons 34
Division 4—Other matters 34
3.8.12 No compensation payable 34
3.8.13 Compliance with certain directions is not a breach of
contract, breach of confidence or any other civil wrong 34
-- 2 of 70 --
Section Page
iii
Authorised by the Chief Parliamentary Counsel
33 Determination for application for registration as bookmaker's
key employee 35
34 Conditions of registration 35
35 New sections 4.5A.14A and 4.5A.14B inserted 35
4.5A.14A Suspension of a bookmaker's registration pending
criminal proceedings 35
4.5A.14B Suspension of a bookmaker's key employee's
registration pending criminal proceedings 36
36 Review by VCAT of registrations as bookmaker or
bookmaker's key employee 37
37 Supervision of public lottery draws by Commission's
representative 37
38 New section 5.7.17 inserted 38
5.7.17 Change in situation of permit holder 38
39 Application for minor gaming permit 38
40 Determination of application 39
41 Change in situation of person or associate 39
42 Publication of Review Panel reports 39
43 Statute law revision 41
Division 2—Prohibition on lobbying 41
Subdivision 1—Monitoring licence 41
44 Definitions 41
45 Application for monitoring licence 43
46 Prohibition on improper interference 44
47 New section 3.4.45A inserted 44
3.4.45A Prohibition on lobbying in relation to grant of
application 44
48 Amendment of licence 44
49 New section 3.4.59CA inserted 44
3.4.59CA Prohibition on lobbying for amendment of licence 44
50 Secretary may require further information 45
Subdivision 2—Wagering and betting licence 45
51 New Division 1AA of Part 3A of Chapter 4 inserted 45
Division 1AA—Interpretation 45
4.3A.1AA Definitions 45
52 Registration of interest 48
53 Application for licence 48
54 Prohibition on improper interference 48
55 New section 4.3A.7B inserted 48
4.3A.7B Prohibition on lobbying in relation to grant of
application 48
56 Amendment of licence 49
-- 3 of 70 --
Section Page
iv
Authorised by the Chief Parliamentary Counsel
57 New section 4.3A.23A inserted 49
4.3A.23A Prohibition on lobbying for amendment of licence 49
Subdivision 3—Public lottery licences 50
58 New Division 1AA of Part 3 of Chapter 5 inserted 50
Division 1AA—Interpretation 50
5.3.1AA Definitions 50
59 New sections 5.3.5A and 5.3.5B inserted 53
5.3.5A Prohibition on improper interference 53
5.3.5B Prohibition on lobbying in relation to grant of
application 53
60 Amendment of licence 54
61 New section 5.3.19A inserted 54
5.3.19A Prohibition on lobbying for amendment of licence 54
Subdivision 4—Keno licence 54
62 New Division 1AA of Part 3 of Chapter 6A inserted 54
Division 1AA—Interpretation 54
6A.3.1AA Definitions 54
63 Registration of interest 57
64 Application for licence 57
65 Prohibition on improper interference 57
66 New section 6A.3.7B inserted 58
6A.3.7B Prohibition on lobbying in relation to grant of
application 58
67 Amendment of licence 58
68 New section 6A.3.23A inserted 58
6A.3.23A Prohibition on lobbying for amendment of licence 58
PART 3—AMENDMENTS TO THE GAMBLING REGULATION
FURTHER AMENDMENT ACT 2009 60
69 Possession of gaming machines may be authorised 60
8 Possession of gaming machines may be authorised 60
70 Repeal of redundant provision 60
71 Statute law revision 61
PART 4—AMENDMENTS TO THE GAMBLING REGULATION
AMENDMENT (LICENSING) ACT 2009 62
72 Review of approvals 62
73 Statute law revision 62
-- 4 of 70 --
Section Page
v
Authorised by the Chief Parliamentary Counsel
PART 5—AMENDMENT TO THE LIQUOR CONTROL
REFORM ACT 1998 63
74 Betting on licensed premises 63
PART 6—REPEAL OF AMENDING ACT 64
75 Repeal of Act 64
═══════════════
ENDNOTES 65
-- 5 of 70 --
Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Gambling Regulation Amendment
(Licensing) Act 2011 †
No. 60 of 2011
[Assented to 8 November 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is—
(a) to amend the Gambling Regulation Act
2003, the Gambling Regulation Further
Amendment Act 2009, the Gambling
Regulation Amendment (Licensing) Act
2009 and the Liquor Control Reform Act
1998 to make further provision in respect of
regulatory arrangements for gaming machine
Victoria
-- 6 of 70 --
Part 1—Preliminary
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
2
Authorised by the Chief Parliamentary Counsel
entitlements and the monitoring, wagering
and betting and keno licences; and
(b) to amend the Gambling Regulation Act
2003—
(i) to prohibit lobbying in respect of the
award and amendment of certain
gambling licences; and
(ii) to make further provision for the
implementation of the new monitoring
arrangements by 16 August 2012 by—
(A) conferring certain powers on the
Minister and persons authorised
by the Minister to obtain
information relating to the
monitoring systems used by the
gaming operators and their
ownership; and
(B) conferring on the Minister, and
persons authorised by the
Minister, powers to access
monitoring systems used by
gaming operators and information
and documents relating to those
monitoring systems; and
(iii) to empower the Commission to suspend
the registration of a bookmaker or a
bookmaker's key employee if the
Commission is satisfied that the
bookmaker or key employee has been
charged with certain offences,
including offences against the Racing
Act 1958, indictable offences and
offences involving fraud or dishonesty;
and
s. 1
-- 7 of 70 --
Part 1—Preliminary
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
3
Authorised by the Chief Parliamentary Counsel
(iv) to not require the conduct of public
lotteries determined by a random
number generator to be supervised by a
person nominated by the Commission;
and
(c) to make other amendments to the Gambling
Regulation Act 2003, the Gambling
Regulation Further Amendment Act 2009
and the Gambling Regulation Amendment
(Licensing) Act 2009 to improve the
operation of the Gambling Regulation Act
2003.
2 Commencement
(1) Part 1 and sections 3, 13 to 18, 23, 24, 30, 31, 32,
38, 41, 43, 71 to 73 and 75 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 November 2012,
it comes into operation on that day.
__________________
s. 2
-- 8 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
4
Authorised by the Chief Parliamentary Counsel
PART 2—AMENDMENTS TO THE GAMBLING
REGULATION ACT 2003
Division 1—Miscellaneous amendments
3 Definitions
(1) In section 1.3(1) of the Gambling Regulation
Act 2003, in the definition of gambling industry
participant—
(a) in paragraph (m), for "Roll;" substitute
"Roll; or";
(b) after paragraph (m) insert—
"(n) a relevant applicant, invitee or
registrant;".
(2) In section 1.3(1) of the Gambling Regulation
Act 2003 insert the following definition—
"relevant applicant, invitee or registrant means—
(a) a person the Minister has invited to
apply for the monitoring licence but
that has not applied for the monitoring
licence under section 3.4.42; or
(b) a person the Minister is considering to
invite to apply for the monitoring
licence under section 3.4.40; or
(c) a person who registers an interest in the
grant of the wagering and betting
licence, a public lottery licence or the
keno licence; or
(d) an applicant for the monitoring licence,
the wagering and betting licence, a
public lottery licence or the keno
licence;".
s. 3
See:
Act No.
114/2003.
Reprint No. 4
as at
1 January
2011
and
amending
Act Nos
29/2009,
58/2009,
56/2010,
64/2010 and
74/2010.
LawToday:
www.
legislation.
vic.gov.au
-- 9 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
5
Authorised by the Chief Parliamentary Counsel
(3) After section 1.3(2) of the Gambling Regulation
Act 2003 insert—
"(2A) A reference to a person listed on the Roll is
to be read as a reference to the person being
listed in the appropriate division of the Roll
as determined by the Commission on the
granting of that person's application under
section 3.4.63.".
4 Possession of gaming machines may be authorised
(1) After section 3.2.2(2) of the Gambling
Regulation Act 2003 insert—
"(2B) The Commission may authorise, in writing, a
venue operator to be in possession of, or sell
or dispose of, gaming equipment after a
relevant event.
(2C) The Commission may give an authorisation
under subsection (2B) only if the gaming
equipment was acquired while the venue
operator held a gaming machine
entitlement.".
(2) In section 3.2.2(3) of the Gambling Regulation
Act 2003, for "or (2)" substitute ", (2) or (2B)".
(3) After section 3.2.2(4) of the Gambling
Regulation Act 2003 insert—
"(5) In this section—
relevant event, for a venue operator,
means—
(a) the forfeiture, under Division 6, 7,
8 or 8A of Part 4A, of all gaming
machine entitlements held by the
operator; or
s. 4
-- 10 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
6
Authorised by the Chief Parliamentary Counsel
(b) the transfer, under Division 5 of
Part 4A, of all gaming machine
entitlements held by the operator
to another venue operator; or
(c) the sale, under Division 5A of
Part 4A, of all gaming machine
entitlements held by the
operator.".
5 Conduct of gaming
In section 3.1.4(1)(a) of the Gambling
Regulation Act 2003, after "equipment" insert
", and the doing of those things under a linked
jackpot arrangement".
6 Authority conferred by gaming operator's licence
In section 3.4.2 of the Gambling Regulation Act
2003—
(a) after paragraph (a) insert—
"(ab) with the approval of the Commission,
to obtain approved gaming machines
and restricted components from the
other gaming operator; and";
(b) for paragraph (e) substitute—
"(e) with the approval of the Commission—
(i) to sell or dispose of gaming
equipment, including to the other
gaming operator;
(ii) to supply approved gaming
machines and restricted
components to the other gaming
operator;".
s. 5
-- 11 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
7
Authorised by the Chief Parliamentary Counsel
7 New section 3.4.5 substituted
For section 3.4.5 of the Gambling Regulation
Act 2003 substitute—
"3.4.5 Authority conferred by listing on the Roll
A person whose name is listed on the Roll is
authorised, subject to this Act, to do any one
or more of the following things as specified
in the Commission's determination under
section 3.4.63 granting that person's
application for listing and subject to any
conditions to which that listing is subject—
(a) if the person is listed in the division of
the Roll for manufacturers—
(i) manufacture, sell or supply
approved gaming machines
(including obtaining restricted
components for the purpose of
manufacturing approved gaming
machines);
(ii) manufacture, sell or supply
restricted components;
(iii) a prescribed activity;
(b) if the person is listed in the division of
the Roll for suppliers—
(i) sell or supply approved gaming
machines;
(ii) sell or supply restricted
components;
(iii) obtain or acquire approved
gaming machines or restricted
components;
(iv) a prescribed activity;
s. 7
-- 12 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
8
Authorised by the Chief Parliamentary Counsel
(c) if the person is listed in the division of
the Roll for suppliers of testing
services—
(i) enter into arrangements with
venue operators to service, repair
or maintain gaming equipment
through the services of a person
holding a gaming industry
employee's licence;
(ii) enter into arrangements with
gaming operators to service, repair
or maintain gaming equipment
through the services of persons
holding a gaming industry
employee's licence;
(iii) enter into arrangements with
manufacturers or suppliers of
gaming equipment or games or
gaming operators to test gaming
equipment or games for the
purposes of the issue of
certificates referred to in
section 3.5.4, 3.5.5 or 3.5.13;
(iv) enter into arrangements with
persons seeking approval of
gaming equipment (within the
meaning of the Casino Control
Act 1991) to test the equipment
for the purposes of the issue of
certificates referred to in
section 62 of that Act;
(v) enter into arrangements with the
holder of the wagering licence, the
wagering operator, the wagering
and betting licensee or the holder
of an on-course wagering permit
to test instruments, contrivances,
s. 7
-- 13 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
9
Authorised by the Chief Parliamentary Counsel
hardware, software or equipment
referred to in section 4.2.3 for the
purposes of the issue of
certificates referred to in that
section;
(vi) enter into arrangements with the
monitoring licensee, the holder of
a public lottery licence or the keno
licensee to test instruments,
contrivances, hardware, software
or equipment referred to in
section 3.5.13, 5.2.1A or 6A.2.5
for the purposes of the issue of
certificates referred to in those
sections;
(vii) enter into arrangements with a
licensed provider to test
interactive gaming equipment for
the purposes of the issue of
certificates referred to in
section 7.4.4;
(viii) a prescribed activity.".
8 Authority conferred by listing on the Roll
(1) In section 3.4.5(a)(i) and (ii) of the Gambling
Regulation Act 2003, for "restricted components"
substitute "restricted gaming components or
restricted monitoring components".
(2) In section 3.4.5(b)(ii) and (iii) of the Gambling
Regulation Act 2003, for "restricted components"
substitute "restricted gaming components or
restricted monitoring components".
(3) In section 3.4.5(c)(ii) of the Gambling
Regulation Act 2003, after "gaming equipment"
insert "or monitoring equipment".
s. 8
-- 14 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
10
Authorised by the Chief Parliamentary Counsel
(4) In section 3.4.5(c)(iii) of the Gambling
Regulation Act 2003, for "or games" (where
twice occurring) substitute ", monitoring
equipment or games".
9 Matters to be considered in determining
applications
After section 3.4.11(2)(a) of the Gambling
Regulation Act 2003 insert—
"(ab) the applicant is of sound and stable financial
background; and".
10 Register of venue operators and approved venues
For section 3.4.13(2)(g) of the Gambling
Regulation Act 2003 substitute—
"(g) in respect of each gaming machine
entitlement held by the venue operator—
(i) details that identify the gaming
machine entitlement (including the
identification number of the gaming
machine entitlement); and
(ii) information as to whether the gaming
machine entitlement is being used to
conduct gaming on a gaming machine;
and
(iii) if the gaming machine entitlement is
being used to conduct gaming on a
gaming machine, the name of the
approved venue at which the gaming is
being conducted.".
s. 9
-- 15 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
11
Authorised by the Chief Parliamentary Counsel
11 New section 3.4.13A inserted
After section 3.4.13 of the Gambling Regulation
Act 2003 insert—
"3.4.13A Venue operator to give Commission
certain information about where gaming
will be conducted under gaming machine
entitlements
A venue operator must give notice to the
Commission of the following information
before conducting gaming under a gaming
machine entitlement—
(a) the number of gaming machine
entitlements under which the operator
will conduct gaming on gaming
machines and the identification
numbers of those gaming machine
entitlements;
(b) the name of the approved venue at
which that gaming will be conducted
under each of those gaming machine
entitlements.
Penalty: 120 penalty units.".
12 Disciplinary action against venue operator
In section 3.4.25(1) of the Gambling Regulation
Act 2003, in the definition of grounds for
disciplinary action, after paragraph (a) insert—
"(ab) that the venue operator has failed to provide
information that the venue operator is
required by this Act to provide or has
provided information knowing it to be false
or misleading;".
s. 11
-- 16 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
12
Authorised by the Chief Parliamentary Counsel
13 Limitation of monitoring licensee's civil liability
For section 3.4.48C(1) of the Gambling
Regulation Act 2003 substitute—
"(1) Except as provided under an agreement
referred to in section 3.4.48 or 3.4.48A, the
monitoring licensee does not incur any
liability for an act or omission in the
provision of monitoring services that causes
a gaming machine not to operate.".
14 Minister may determine certain damages that must
be included in related agreements
(1) In section 3.4.48E(2)(a) of the Gambling
Regulation Act 2003, after "specified condition"
insert "or for specified acts or omissions in the
provision of monitoring services that cause a
gaming machine not to operate".
(2) In section 3.4.48E(2)(b) of the Gambling
Regulation Act 2003—
(a) after "specified person" insert "or specified
class of person";
(b) after "specified condition" insert "or for
specified acts or omissions in the provision
of monitoring services that cause a gaming
machine not to operate".
15 Arrangements with former licensee
In section 3.4.59K(4) of the Gambling
Regulation Act 2003, in paragraph (a) of the
definition of former licensee, for "cancellation,
suspension or surrender" substitute "cancellation
or suspension".
s. 13
-- 17 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
13
Authorised by the Chief Parliamentary Counsel
16 Further provisions for temporary licence
In section 3.4.59L(4) of the Gambling
Regulation Act 2003, for "cancelled, suspended
or surrendered" substitute "cancelled or
suspended".
17 Appointment of a monitoring services provider if
monitoring licences not granted
(1) In section 3.4.59LF(2) of the Gambling
Regulation Act 2003, after "person" insert
"or persons".
(2) For section 3.4.59LF(3) of the Gambling
Regulation Act 2003 substitute—
"(3) On receiving a written notice under
subsection (2), the Commission must, by
instrument, appoint a person or persons as a
monitoring services provider or providers for
the purposes of this section.".
(3) For section 3.4.59LF(9) of the Gambling
Regulation Act 2003 substitute—
"(9) If the appointment of a monitoring services
provider is terminated, the monitoring
services provider ceases to be taken to have
the functions and powers of the monitoring
licensee.".
18 Appointment of a monitoring services provider after
monitoring licence suspended or cancelled
(1) In the heading to section 3.4.59LG of the
Gambling Regulation Act 2003, for "suspended,
cancelled or surrendered" substitute
"suspended or cancelled".
(2) In section 3.4.59LG(1)(a) of the Gambling
Regulation Act 2003, for "suspended, cancelled
or surrendered" substitute "suspended or
cancelled".
s. 16
-- 18 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
14
Authorised by the Chief Parliamentary Counsel
(3) In section 3.4.59LG(2) of the Gambling
Regulation Act 2003, after "person" insert
"or persons".
(4) For section 3.4.59LG(3) of the Gambling
Regulation Act 2003 substitute—
"(3) On receiving a written notice under
subsection (2), the Commission must, by
instrument, appoint a person or persons as a
monitoring services provider or providers for
the purposes of this section.".
(5) In section 3.4.59LG(7)(b) of the Gambling
Regulation Act 2003 omit "or surrendered".
(6) Section 3.4.59LG(8)(a) of the Gambling
Regulation Act 2003 is repealed.
(7) Section 3.4.59LG(9)(a) of the Gambling
Regulation Act 2003 is repealed.
(8) For section 3.4.59LG(10) of the Gambling
Regulation Act 2003 substitute—
"(10) In this section, monitoring licensee includes
the person whose monitoring licence was
suspended or cancelled immediately before
the appointment of a monitoring services
provider or providers.".
19 The Roll
At the end of section 3.4.60 of the Gambling
Regulation Act 2003 insert—
"(2) The Roll must be divided into the following
divisions—
(a) manufacturers of gaming machines and
restricted components;
(b) suppliers of gaming machines and
restricted components;
(c) suppliers of testing services.".
s. 19
-- 19 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
15
Authorised by the Chief Parliamentary Counsel
20 Amendments relating to the Roll—Post new
industry arrangements
In section 3.4.60(2)(a) and (b) of the Gambling
Regulation Act 2003, for "and restricted
components" substitute ", restricted gaming
components and restricted monitoring
components".
21 Application to be listed on the Roll
After section 3.4.61(2)(a) of the Gambling
Regulation Act 2003 insert—
"(ab) specify the division of the Roll in which the
applicant wishes to be listed; and".
22 Determination of applications
(1) After 3.4.63(2) of the Gambling Regulation Act
2003 insert—
"(2A) If the Commission grants an application, the
Commission must list the person in the Roll
in the appropriate division.".
(2) After section 3.4.63(3) of the Gambling
Regulation Act 2003 insert—
"(3A) In addition, in determining whether or not to
grant an application, the Commission must
also consider any prescribed matters.".
(3) In section 3.4.63(4) of the Gambling Regulation
Act 2003—
(a) in paragraph (b), for "Roll." substitute
"Roll; and";
(b) after paragraph (b) insert—
"(c) Part 2A.".
s. 20
-- 20 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
16
Authorised by the Chief Parliamentary Counsel
23 Disciplinary action
In section 3.4.65(1) of the Gambling Regulation
Act 2003, in paragraph (b) of the definition of
grounds for disciplinary action, for
"section 3.8.1" substitute "section 10.4A.4".
24 Gaming machine entitlements may authorise
preparatory action
(1) In section 3.4A.9(2) of the Gambling Regulation
Act 2003, for "The" substitute "Subject to
subsection (2A), the".
(2) After section 3.4A.9(2) of the Gambling
Regulation Act 2003 insert—
"(2A) However, a venue operator cannot take the
preparatory action of selling approved
gaming machines or gaming equipment
acquired for the purpose of use in an
approved venue operated by the operator
unless the operator has approval of the
Commission to do so.".
(3) In section 3.4A.9(6) of the Gambling Regulation
Act 2003, in the definition of preparatory
action—
(a) after paragraph (ab) insert—
"(ac) selling or disposing of approved
gaming machines or gaming equipment
acquired for the purpose of use in an
approved venue operated by the venue
operator;
(ad) making an application under
section 3.5.7B;";
(b) in paragraph (b), for "or (ab)" substitute
", (ab), (ac) or (ad)".
s. 23
-- 21 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
17
Authorised by the Chief Parliamentary Counsel
25 New section 3.5.7A inserted
After section 3.5.7 of the Gambling Regulation
Act 2003 insert—
"3.5.7A Linked jackpot arrangements unlawful
without approval
(1) A venue operator must not conduct gaming
through a linked jackpot arrangement that is
not approved by the Commission.
Penalty: 1200 penalty units.
(2) A venue operator must not conduct gaming
through a linked jackpot arrangement which
has been varied and that variation is not
approved by the Commission.
Penalty: 1200 penalty units.".
26 New sections 3.5.7B and 3.5.7C inserted
Before section 3.5.8 of the Gambling Regulation
Act 2003 insert—
"3.5.7B Approval of linked jackpot arrangements
(1) A venue operator may apply to the
Commission for the approval of—
(a) a linked jackpot arrangement through
which the operator intends to conduct
gaming on or at any time after the new
arrangements day; or
(b) a variation to a linked jackpot
arrangement through which the
operator conducts gaming on or at any
time after the new arrangements day.
(2) An application under subsection (1) must—
(a) be in writing; and
(b) be accompanied by the prescribed fee
(if any); and
s. 25
-- 22 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
18
Authorised by the Chief Parliamentary Counsel
(c) list every venue operator which intends
to conduct gaming through the linked
jackpot arrangement that is—
(i) being sought to be approved; or
(ii) being sought to be varied.
(3) The Commission may require a venue
operator who makes an application under
subsection (1) to provide any additional
information or material that the Commission
considers necessary for the purposes of
making its decision under this section.
(4) On receiving an application under subsection
(1), the Commission may approve—
(a) a linked jackpot arrangement; or
(b) a variation to a linked jackpot
arrangement.
(5) In making a decision under subsection (4),
the Commission must have regard to—
(a) player return, game fairness and
security and responsible gambling; and
(b) the certificate of a person listed on the
Roll, being a person referred to in
section 3.4.61(1)(c); and
(c) any standards in force under
section 10.1.5B; and
(d) any operational requirements
determined by the Commission under
section 10.1.5C.
(6) The Commission must notify, in writing,
every venue operator listed in the application
under subsection (1) of its approval.
s. 26
-- 23 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
19
Authorised by the Chief Parliamentary Counsel
(7) If the Commission approves a linked jackpot
arrangement or a variation to a linked
jackpot arrangement before the new
arrangements day, that approval cannot take
effect until that day.
(8) An approval under this section is subject to
any conditions imposed by the Commission.
(9) In this section new arrangements day means
the first gaming machine entitlement
declared day.
3.5.7C Withdrawal of approval
(1) The Commission, by written notice, may
withdraw the approval of a linked jackpot
arrangement or a variation to a linked
jackpot arrangement if the Commission
considers it necessary or appropriate in the
public interest or for the proper conduct of
gaming.
(2) If approval is withdrawn under subsection
(1), the Commission must allow a venue
operator a reasonable time within which to
stop the conduct of gaming through the
linked jackpot arrangement.
(3) However, in the case where the Commission
has withdrawn an approval because it
considers there is an immediate threat to the
public interest, the Commission is not
required to give any time within which
conduct of gaming through the linked
jackpot arrangement must be stopped.
(4) A notice under subsection (1) must—
(a) be given to every venue operator
conducting gaming through the linked
jackpot arrangement to which the
approval related; and
s. 26
-- 24 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
20
Authorised by the Chief Parliamentary Counsel
(b) specify the day on which, or time at
which, the linked jackpot arrangement
must be stopped.
(5) A withdrawal of an approval takes effect on
the day, or at the time, specified in a notice
under subsection (1).
(6) A day that is specified in a notice under
subsection (1) may be the day of the notice
in the case where the Commission has
withdrawn an approval because it considers
there is an immediate threat to the public
interest.
(7) A time that is specified in a notice under
subsection (1) may be a time falling on the
day of the notice in the case where the
Commission has withdrawn an approval
because it considers there is an immediate
threat to the public interest.".
27 Testing of electronic monitoring system
After section 3.5.12(2) of the Gambling
Regulation Act 2003 insert—
"(2A) The Commission, in approving an electronic
monitoring system, or a variation to an
electronic monitoring system under
section 3.5.13, may require the monitoring
licensee to engage a person listed on the Roll
who is accredited by the Commission to test
an electronic monitoring system to—
(a) test the electronic monitoring system or
the variation to the electronic
monitoring system; and
(b) make recommendations to the
Commission on aspects of the
electronic monitoring system or the
variation to the electronic monitoring
system, if the Commission requires.
s. 27
-- 25 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
21
Authorised by the Chief Parliamentary Counsel
(2B) If the Commission requires the monitoring
licensee to engage a person to test and make
recommendations about an electronic
monitoring system or a variation to an
electronic monitoring system under this
section, the monitoring licensee must
provide the Commission with the results of
any tests conducted and the
recommendations.".
28 Approval of electronic monitoring systems
(1) After section 3.5.13(3) of the Gambling
Regulation Act 2003 insert—
"(3AA) The Commission may require the monitoring
licensee to provide any additional
information or material that the Commission
considers necessary to decide whether to
make an approval under subsection (3).
(3AB) Additional information or material under
subsection (3AA) includes the results of any
tests conducted, or recommendations made,
by a person listed on the Roll who is
accredited by the Commission to test
monitoring equipment.".
(2) After section 3.5.13(4) of the Gambling
Regulation Act 2003 insert—
"(4A) The Commission, in approving an electronic
monitoring system or in approving a
variation to an electronic monitoring system,
may take into account additional information
or material provided to the Commission
under subsection (3AA).".
s. 28
-- 26 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
22
Authorised by the Chief Parliamentary Counsel
29 New section 3.5.17C inserted
After section 3.5.17B of the Gambling
Regulation Act 2003 insert—
"3.5.17C Offence to interfere with an electronic
monitoring system
A person must not—
(a) be in possession of any device made or
adapted, or intended by the person to be
used, for improperly interfering with
monitoring equipment; or
(b) do any act or thing calculated, or likely,
to improperly interfere with monitoring
equipment.
Penalty: 1200 penalty units or
imprisonment for 2 years or
both.".
30 Directions to gaming operator to provide
information etc.
After section 3.7.6A(3)(a) of the Gambling
Regulation Act 2003 insert—
"(ab) a pending applicant (within the meaning of
section 3.4.41A(2)); and".
31 Directions to monitoring licensee to provide
information etc.
After section 3.7.6B(3)(a) of the Gambling
Regulation Act 2003 insert—
"(ab) a pending applicant (within the meaning of
section 3.4.41A(2)); and".
s. 29
-- 27 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
23
Authorised by the Chief Parliamentary Counsel
32 New Part 8 of Chapter 3 inserted
After Part 7 of Chapter 3 of the Gambling
Regulation Act 2003 insert—
"PART 8—LEGACY MONITORING SYSTEMS
Division 1—Preliminary
3.8.1 Definitions
In this Part—
access notice means a notice under
section 3.8.6(1);
authorised person means a person
authorised under section 3.8.4;
legacy monitoring system, of a gaming
operator, has the meaning given by
section 3.8.2;
legacy system owner means a person who
owns or has any rights or powers in
respect of, or interests in, a legacy
monitoring system;
monitoring services provider has the same
meaning as in section 3.4.38;
preparatory action means preparatory action
taken in accordance with
section 3.4.52;
served person means a person served an
access notice;
specified monitoring system information
has the meaning given by section 3.8.3.
3.8.2 Meaning of legacy monitoring system
(1) For the purposes of this Part, a legacy
monitoring system means any monitoring
equipment, and any other equipment, and
related software used by a gaming operator
s. 32
-- 28 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
24
Authorised by the Chief Parliamentary Counsel
for the purpose of monitoring the security,
accounting or operation of gaming
equipment.
(2) Without limiting subsection (1), a legacy
monitoring system includes—
(a) modifications or enhancements to that
system; and
(b) gaming machine communication
protocols; and
(c) any associated rights, licences and
authorisations, and written technical
specifications needed to operate the
system.
(3) Without limiting subsection (1) or (2)(a)
or (b), a legacy monitoring system includes a
part of a thing mentioned in those
subsections.
(4) To avoid doubt, a legacy monitoring system
or a part of a legacy monitoring system
referred to in this section need not be owned
by the gaming operator.
3.8.3 Meaning of specified monitoring system
information
(1) For the purposes of this Part, specified
monitoring system information means
information about a legacy monitoring
system.
(2) Without limiting subsection (1), specified
monitoring system information includes—
(a) information about who owns or has any
rights or powers in respect of, or
interests in, a legacy monitoring
system;
s. 32
-- 29 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
25
Authorised by the Chief Parliamentary Counsel
(b) information about the day to day
operations of a gaming operator in
monitoring the security, accounting or
operation of gaming equipment,
including how the gaming operator
carries out that monitoring and what is
used to carry out that monitoring;
(c) contractual arrangements, or
information about other arrangements,
with other persons under which those
persons provide goods or services to
enable a gaming operator to monitor the
security, accounting or operation of
gaming equipment in accordance with
the operator's licence.
3.8.4 Authorised persons
The Minister may, by instrument, for the
purposes of this Part—
(a) appoint a person as an authorised
person; or
(b) appoint a class of persons as authorised
persons.
Division 2—Information gathering powers
3.8.5 Minister may direct legacy monitoring
system owners to provide information and
documents
(1) The Minister may give a person who the
Minister reasonably believes is a legacy
monitoring system owner a written direction
to provide to the Minister any information or
document, or any class of information or
document, that—
s. 32
-- 30 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
26
Authorised by the Chief Parliamentary Counsel
(a) is in the possession or under the control
of the person; and
(b) in the opinion of the Minister—
(i) may assist in, or facilitate, the
carrying out of preparatory action
or monitoring activities by the
monitoring licensee or the
provision of monitoring services
by a monitoring services provider;
or
(ii) may identify the legacy
monitoring system; or
(iii) may identify the owner of a part
of the legacy monitoring system;
or
(iv) may verify or confirm the
accuracy of any information held
by the Minister relating to the
legacy monitoring system or
monitoring activities carried out
by a gaming operator.
(2) A person given a direction under subsection
(1) must comply with the direction unless the
person has a reasonable excuse.
Penalty: 100 penalty units.
(3) The Minister may, subject to any conditions
that the Minister thinks fit, disclose any
information acquired by the Minister in
response to a direction under subsection (1)
to any one or more of the following—
(a) the Commission;
(b) the monitoring licensee;
(c) a monitoring services provider;
s. 32
-- 31 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
27
Authorised by the Chief Parliamentary Counsel
(d) another person if the Minister is of the
opinion that it is in the public interest to
do so.
Division 3—Due diligence powers
3.8.6 Access notice
(1) The Minister may serve on a person who the
Minister reasonably believes is a legacy
system owner a notice requiring the person
to give the Minister, or an authorised person,
access to either or both of the following—
(a) a legacy monitoring system used by the
gaming operator;
(b) specified monitoring system
information.
(2) The Minister may serve an access notice
only if the Minister reasonably believes that
it is necessary for the purpose of assisting, or
facilitating—
(a) the carrying out of preparatory action or
monitoring activities by the monitoring
licensee; or
(b) the provision of monitoring services by
a monitoring services provider.
(3) An access notice must—
(a) specify the purpose of the service of the
notice; and
(b) if the notice requires access to be given
to an authorised person, the name of
that person; and
(c) include a copy of this Part.
s. 32
-- 32 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
28
Authorised by the Chief Parliamentary Counsel
3.8.7 Access powers
On being served an access notice, a served
person must give the Minister or an
authorised person and any assistants that the
Minister or authorised person considers
necessary, or must ensure those persons are
given, free and unfettered access at all times
to—
(a) business premises occupied by—
(i) the served person; and
(ii) if the served person is a gaming
operator, every associate of that
operator who is not a legacy
system owner; and
(b) a legacy monitoring system; and
(c) any other asset, equipment or software
used for or in connection with the
carrying out of monitoring activities
under a gaming operator's licence that
is in the possession or control of—
(i) the served person; and
(ii) if the served person is a gaming
operator, every associate of that
operator who is not a legacy
system owner; and
(d) any document containing specified
monitoring system information that is
in the possession or control of—
(i) the served person; and
(ii) if the served person is a gaming
operator, every associate of that
operator who is not a legacy
system owner.
Penalty: 100 penalty units.
s. 32
-- 33 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
29
Authorised by the Chief Parliamentary Counsel
3.8.8 What can the Minister or authorised
person do after service of access notice?
On serving an access notice, the Minister or
an authorised person, and any assistants that
the Minister or authorised person considers
necessary, may do any one or more of the
following—
(a) bring onto the business premises any
equipment that the Minister or the
authorised person considers necessary;
(b) search the business premises or
anything on the premises;
(c) inspect, examine or test—
(i) a legacy monitoring system
mentioned in section 3.8.7(b);
(ii) any other asset, equipment or
software mentioned in section
3.8.7(c);
(d) inspect or examine any document
mentioned in section 3.8.7(d);
(e) make a copy of or take an extract from
any document referred to in
paragraph (d);
(f) remove or arrange the removal of a
document referred to in paragraph (d)
for so long as the Minister considers
reasonably necessary in order to copy
the document or take extracts from the
document;
(g) make any still or moving image or
audiovisual recording at the premises if
the Minister or the authorised person
believes, on reasonable grounds, that it
is necessary to do so.
s. 32
-- 34 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
30
Authorised by the Chief Parliamentary Counsel
3.8.9 Specified persons must give information
to Minister or authorised persons
(1) The Minister, by written notice, may require
a specified person to—
(a) attend before the Minister or an
authorised person at a time and place
specified by the Minister and answer
any questions about—
(i) a legacy monitoring system; or
(ii) information that is specified
monitoring system information; or
(b) give the Minister, by a date specified in
the notice, information specified in the
notice about—
(i) a legacy monitoring system; or
(ii) information that is specified
monitoring system information.
(2) A specified person must comply with a
notice under subsection (1).
Penalty: 100 penalty units.
(3) A person must not prevent, directly or
indirectly, a specified person from
complying with a notice under
subsection (1).
Penalty: 100 penalty units.
(4) In this section—
specified person means—
(a) an officer of a gaming operator;
(b) an associate of a gaming operator
who is an individual;
s. 32
-- 35 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
31
Authorised by the Chief Parliamentary Counsel
(c) a person who the Minister has
reason to believe is employed or
engaged, or was employed or
engaged in the 12 months
immediately before the
commencement of section 32 of
the Gambling Regulation
Amendment (Licensing) Act
2011, by—
(i) the gaming operator or an
associate for or in connection
with the carrying out of
monitoring activities under
the gaming operator's
licence; or
(ii) if the legacy monitoring
system used by the gaming
operator is not owned by the
gaming operator—the legacy
system owner for the
purpose of enabling the
gaming operator to carry out
monitoring activities under
the gaming operator's
licence.
3.8.10 Direction to provide reasonable assistance
(1) The Minister or an authorised person may
direct a specified person to provide
assistance to the Minister or authorised
person to enable the Minister or authorised
person to effectively exercise a power under
section 3.8.8.
s. 32
-- 36 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
32
Authorised by the Chief Parliamentary Counsel
(2) A direction under subsection (1) must be
reasonable.
(3) Without limiting subsection (1), the Minister
or authorised person may direct the specified
person to do any or all of the following—
(a) to find and gain, or arrange, access to
electronically stored information—
(i) about a legacy monitoring system;
or
(ii) that is specified monitoring
system information;
(b) to find and gain, or arrange, access to
information—
(i) about a legacy monitoring system;
or
(ii) that is specified monitoring
system information.
(4) A specified person must not refuse or fail to
comply with a direction under subsection (1).
Penalty: 100 penalty units.
(5) In a prosecution for an offence against
subsection (4), it is a defence if the defendant
does not know how to, or is not able to,
provide the assistance required under the
direction.
(6) For the purposes of subsection (5) and
without limiting that subsection, a defendant
is not able to provide the assistance required
under the direction if the defendant is unable
to do so because of his or her terms and
conditions of employment or engagement.
s. 32
-- 37 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
33
Authorised by the Chief Parliamentary Counsel
(7) A person must not prevent, directly or
indirectly, a specified person from
complying with a direction under
subsection (1).
Penalty: 100 penalty units.
(8) In this section—
specified person means—
(a) an officer of a gaming operator;
(b) a person employed or engaged by
a gaming operator or an associate
who is at business premises—
(i) occupied by the gaming
operator or an associate; and
(ii) used by the gaming operator
for or in connection with the
carrying out of monitoring
activities under the gaming
operator's licence;
(c) if the legacy monitoring system
used by the gaming operator is not
owned by the gaming operator—a
person employed or engaged by a
gaming operator who is at
business premises—
(i) occupied by the legacy
system owner; and
(ii) used for the purpose of
enabling the gaming operator
to carry out monitoring
activities under the gaming
operator's licence.
s. 32
-- 38 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
34
Authorised by the Chief Parliamentary Counsel
3.8.11 Offences relating to obstruction of
Minister or authorised persons
A person must not assault, obstruct, hinder,
threaten, abuse, insult or intimidate the
Minister or an authorised person when the
Minister or authorised person is exercising or
attempting to exercise a power under
section 3.8.7, 3.8.8, 3.8.9 or 3.8.10.
Penalty: 100 penalty units.
Division 4—Other matters
3.8.12 No compensation payable
(1) No compensation is payable by the State in
respect of anything done by a specified
person under Division 2 or 3 or in
compliance with a direction under either of
those Divisions.
(2) In subsection (1)—
specified person means—
(a) the Minister;
(b) an authorised person;
(c) a person assisting the Minister or
an authorised person;
(d) a person given a direction under
Division 2 or 3.
3.8.13 Compliance with certain directions is not
a breach of contract, breach of confidence
or any other civil wrong
A person incurs, by complying with a
direction under Division 2 or 3, no liability
for breach of contract, breach of confidence
or any other civil wrong.".
s. 32
-- 39 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
35
Authorised by the Chief Parliamentary Counsel
33 Determination for application for registration as
bookmaker's key employee
After section 4.5A.5(4) of the Gambling
Regulation Act 2003 insert—
"(5) A function of the Commission under this
section may be performed by any
commissioner.".
34 Conditions of registration
In section 4.5A.11(b) of the Gambling
Regulation Act 2003, for "are otherwise"
substitute "conditions that are otherwise".
35 New sections 4.5A.14A and 4.5A.14B inserted
After section 4.5A.14 of the Gambling
Regulation Act 2003 insert—
"4.5A.14A Suspension of a bookmaker's registration
pending criminal proceedings
(1) The Commission may suspend a
bookmaker's registration by notice in writing
given to the bookmaker if the Commission is
satisfied that—
(a) the bookmaker; or
(b) if the bookmaker is a body corporate,
an officer, director or nominee of the
bookmaker—
has been charged with a relevant offence.
(2) The Commission may, at any time, terminate
or reduce a period of suspension imposed
under subsection (1).
(3) In this section relevant offence means—
(a) an offence against the Racing Act 1958
and regulations under that Act, or a
gaming Act or gaming regulations;
s. 33
-- 40 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
36
Authorised by the Chief Parliamentary Counsel
(b) an offence (in Victoria or elsewhere)
involving fraud or dishonesty where the
offence is punishable by imprisonment
for 3 months or more;
(c) an indictable offence, or an offence
that, if committed in Victoria, would be
an indictable offence, in respect of the
management or operation of the
bookmaker's business.
4.5A.14B Suspension of a bookmaker's key
employee's registration pending criminal
proceedings
(1) The Commission may suspend a
bookmaker's key employee's registration by
notice in writing given to the bookmaker's
key employee if the Commission is satisfied
that the bookmaker's key employee has been
charged with a relevant offence.
(2) The Commission may, at any time, terminate
or reduce a period of suspension imposed
under subsection (1).
(3) In this section relevant offence means—
(a) an offence against the Racing Act 1958
and regulations under that Act, or a
gaming Act or gaming regulations;
(b) an offence (in Victoria or elsewhere)
involving fraud or dishonesty where the
offence is punishable by imprisonment
for 3 months or more;
(c) an indictable offence, or an offence
that, if committed in Victoria, would be
an indictable offence, in respect of the
management or operation of the
business at which the bookmaker's key
employee is employed.".
s. 35
-- 41 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
37
Authorised by the Chief Parliamentary Counsel
36 Review by VCAT of registrations as bookmaker or
bookmaker's key employee
(1) In section 4.5A.15(h) of the Gambling
Regulation Act 2003, for "employee." substitute
"employee;".
(2) After section 4.5A.15(h) of the Gambling
Regulation Act 2003 insert—
"(i) a decision to suspend the registration of a
bookmaker under section 4.5A.14A;
(j) a decision to suspend the registration of a
bookmaker's key employee under
section 4.5A.14B.".
37 Supervision of public lottery draws by
Commission's representative
At the end of section 5.2.6 of the Gambling
Regulation Act 2003 insert—
"(2) Despite subsection (1), a public lottery
licensee or other person may determine a
public lottery by draw without the
supervision of a person nominated by the
Commission if the draw—
(a) is determined by a random number
generator; and
(b) is conducted in accordance with
procedures approved by the
Commission.
(3) The Commission may approve procedures
for the conduct of a public lottery to be
determined by a random number generator.
(4) In this section, random number generator
means an instrument, contrivance, hardware,
software or other equipment approved by the
Commission under section 5.2.1A that is
s. 36
-- 42 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
38
Authorised by the Chief Parliamentary Counsel
designed to be used to select random
numbers and—
(a) is used by a public lottery licensee to
determine the results of a draw of a
public lottery; and
(b) is not used by a public lottery licensee
to draw numbered balls or other things;
and
(c) is not an electronic device that enables
a public lottery to be determined in
connection with an external event.".
38 New section 5.7.17 inserted
After section 5.7.16A of the Gambling
Regulation Act 2003 insert—
"5.7.17 Change in situation of permit holder
If a change of a kind specified by the
Commission in writing given to a permit
holder takes place in the situation existing in
relation to the permit holder, the permit
holder must notify the Commission in
writing of the change within 14 days after it
takes place.
Penalty: 60 penalty units.".
39 Application for minor gaming permit
After section 8.3.12(2)(b) of the Gambling
Regulation Act 2003 insert—
"(ba) in the case of an application for a minor
gaming permit under which the organisation
wishes to conduct a raffle—describe each
prize; and".
s. 38
-- 43 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
39
Authorised by the Chief Parliamentary Counsel
40 Determination of application
After section 8.3.13(2) of the Gambling
Regulation Act 2003 insert—
"(2A) Without limiting the grounds on which the
Commission may refuse an application for a
minor gaming permit, the Commission must
refuse an application if, in the Commission's
opinion, the activity the organisation wishes
to conduct under the permit is offensive or
contrary to the public interest.
(2B) To avoid doubt, the activity referred to in
subsection (2A) includes making available
any prize to be won.".
41 Change in situation of person or associate
(1) In section 8.6.3(1)(a) of the Gambling
Regulation Act 2003, for "permit;" substitute
"permit.".
(2) In section 8.6.3(1) of the Gambling Regulation
Act 2003, paragraphs (b), (c), (e) and (f) are
repealed.
42 Publication of Review Panel reports
(1) For section 10.2A.11(2) and (3) of the Gambling
Regulation Act 2003 substitute—
"(2) In the case of a report with respect to the
regulatory review, the Minister must—
(a) cause a copy of the report to be
presented to each House of the
Parliament within 7 sitting days of the
House after the Minister publicly
announces the government's decision
on the regulatory review; or
(b) if the Parliament is not sitting, give a
copy of the report to the clerk of each
House of the Parliament, within
s. 40
-- 44 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
40
Authorised by the Chief Parliamentary Counsel
21 days after the Minister publicly
announces the government's decision
on the regulatory review.
(3) In the case of a report with respect to the
authorisation and licensing process, the
Minister must—
(a) cause a copy of the report to be
presented to each House of the
Parliament within 7 sitting days of the
House after the Minister publicly
announces the grant or issue of an
authorisation or licence that is the
subject of a report; or
(b) if the Parliament is not sitting, give a
copy of the report to the clerk of each
House of Parliament, within 21 days
after the Minister publicly announces
the grant or issue of an authorisation or
licence that is the subject of a report.
(3A) In the case of any other report, the Minister
must cause a copy of each report to be
presented to each House of the Parliament at
the time determined by the Minister.".
(2) In section 10.2A.11(4) of the Gambling
Regulation Act 2003, for "(3)" substitute
"(2)(b) or (3)(b)".
(3) In section 10.2A.11(5) of the Gambling
Regulation Act 2003—
(a) in paragraph (a), for "(2)" substitute
"(2)(a), (3)(a) or (3A)";
(b) in paragraph (b), for "(3)" substitute
"(2)(b) or (3)(b)".
s. 42
-- 45 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
41
Authorised by the Chief Parliamentary Counsel
(4) In section 10.2A.11(6) of the Gambling
Regulation Act 2003, for "(1) or (2), or doing a
thing under subsection (3)" substitute "(1), (2),
(3) or (3A)".
(5) In section 10.2A.11(7) of the Gambling
Regulation Act 2003, for "(3)" substitute
"(2)(b) or (3)(b)".
(6) Section 10.2A.11(9) of the Gambling Regulation
Act 2003 is repealed.
43 Statute law revision
(1) In section 4.3A.34F of the Gambling Regulation
Act 2003, for "licence" substitute "licensee".
(2) In section 4.9.1(2) of the Gambling Regulation
Act 2003, in the definition of giving effect to, in
paragraph (a), for "arrangement," substitute
"arrangement;".
(3) In section 8.4.2D(1) of the Gambling Regulation
Act 2003, for "Commission," substitute
"Commission".
(4) In section 8.4.17 of the Gambling Regulation
Act 2003, in the definition of grounds for
disciplinary action, in paragraph (b), for "any
applicable" substitute "the".
Division 2—Prohibition on lobbying
Subdivision 1—Monitoring licence
44 Definitions
In section 3.4.38 of the Gambling Regulation
Act 2003 insert the following definitions—
"contact includes telephone contact, written
contact, face-to-face contact and email
contact or contact by other electronic means;
s. 43
-- 46 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
42
Authorised by the Chief Parliamentary Counsel
government representative means—
(a) the Premier or another Minister;
(b) a Parliamentary Secretary;
(c) a person employed under Part 3 of the
Public Administration Act 2004;
(d) a ministerial officer employed under
Division 1 of Part 6 of the Public
Administration Act 2004;
(e) the Secretary;
(f) a person nominated and engaged by the
Secretary under Part 1A of Chapter 10
for the purposes of assisting the
Secretary with his or her obligations
under this Division or Division 1B
or 1C of Part 4 of Chapter 10;
interested person means—
(a) an applicant; or
(b) an associate of an applicant; or
(c) an officer, servant, agent or contractor
of—
(i) an applicant; or
(ii) an associate of an applicant; or
(d) the monitoring licensee; or
(e) an associate of the monitoring licensee;
or
(f) an officer, servant, agent or contractor
of—
(i) the monitoring licensee; or
(ii) an associate of the monitoring
licensee;
s. 44
-- 47 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
43
Authorised by the Chief Parliamentary Counsel
licence awarding process means—
(a) the preparation or making of a
recommendation or report under this
Act in relation to an application for a
monitoring licence;
(b) the Minister's determination whether to
grant or refuse an application under
section 3.4.44;
(c) anything that may be or is required to
be done under the Act by the Minister
for the purpose of making a
determination under section 3.4.44;
lobbying activity means—
(a) in relation to a licence awarding
process, contact with a government
representative for the purpose of
influencing a decision or thing to be
done under that process;
(b) in relation to a request to amend the
monitoring licence under section
3.4.59B, contact with a government
representative for the purpose of
influencing the Minister's decision
whether to make an amendment to the
monitoring licence;
lobbyist means a person or organisation—
(a) that carries out a lobbying activity for
or on behalf of a third party client; or
(b) whose employees or contractors carry
out a lobbying activity for or on behalf
of a third party client.".
45 Application for monitoring licence
Section 3.4.42(7) of the Gambling Regulation
Act 2003 is repealed.
s. 45
-- 48 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
44
Authorised by the Chief Parliamentary Counsel
46 Prohibition on improper interference
Section 3.4.45(3) of the Gambling Regulation
Act 2003 is repealed.
47 New section 3.4.45A inserted
After section 3.4.45 of the Gambling Regulation
Act 2003 insert—
"3.4.45A Prohibition on lobbying in relation to
grant of application
(1) A lobbyist must not in relation to a licence
awarding process carry out a lobbying
activity for or on behalf of an interested
person.
(2) The Minister may refuse to consider or to
grant an application for the monitoring
licence, if the Minister is satisfied that a
lobbyist, for or on behalf of an interested
person in relation to a licence awarding
process, has carried out a lobbying activity.".
48 Amendment of licence
In section 3.4.59C(1) of the Gambling
Regulation Act 2003, for "The Minister"
substitute "Subject to this Division, the Minister".
49 New section 3.4.59CA inserted
After section 3.4.59C of the Gambling
Regulation Act 2003 insert—
"3.4.59CA Prohibition on lobbying for amendment of
licence
(1) A lobbyist must not, in relation to a request
for an amendment to the monitoring licence
under section 3.4.59B, carry out a lobbying
activity for or on behalf of an interested
person.
s. 46
-- 49 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
45
Authorised by the Chief Parliamentary Counsel
(2) The Minister may refuse to consider a
request to amend the monitoring licence if
the Minister is satisfied that a lobbyist, for or
on behalf of an interested person in relation
to the request, has carried out a lobbying
activity.".
50 Secretary may require further information
In section 3.4.59M(4) of the Gambling
Regulation Act 2003, for the definition of
interested person substitute—
"interested person includes a person who the
Secretary considers may become an associate
of an applicant for the monitoring licence.".
Subdivision 2—Wagering and betting licence
51 New Division 1AA of Part 3A of Chapter 4 inserted
Before Division 1 of Part 3A of Chapter 4 of the
Gambling Regulation Act 2003 insert—
"Division 1AA—Interpretation
4.3A.1AA Definitions
In this Part—
applicant means an applicant for the
wagering and betting licence;
contact includes telephone contact, written
contact, face-to-face contact and email
contact or contact by other electronic
means;
government representative means—
(a) the Premier or another Minister;
(b) a Parliamentary Secretary;
(c) a person employed under Part 3 of
the Public Administration Act
2004;
s. 50
-- 50 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
46
Authorised by the Chief Parliamentary Counsel
(d) a ministerial officer employed
under Division 1 of Part 6 of the
Public Administration Act 2004;
(e) the Secretary;
(f) a person nominated and engaged
by the Secretary under Part 1A of
Chapter 10 for the purposes of
assisting the Secretary with his or
her obligations under this Part or
Division 1A or 1B of Part 4 of
Chapter 10;
interested person means—
(a) a registrant or an applicant; or
(b) an associate of a registrant or an
applicant; or
(c) an officer, servant, agent or
contractor of—
(i) a registrant or an applicant;
or
(ii) an associate of a registrant or
an applicant; or
(d) the wagering and betting licensee;
or
(e) an associate of the wagering and
betting licensee; or
(f) an officer, servant, agent or
contractor of—
(i) the wagering and betting
licensee; or
(ii) an associate of the wagering
and betting licensee;
s. 51
-- 51 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
47
Authorised by the Chief Parliamentary Counsel
licence awarding process means—
(a) the preparation or making of a
recommendation or report under
this Act in relation to the
registration of interest or
application;
(b) the Minister's decision to invite
one or more registrants to apply
for the wagering and betting
licence or to not invite any of the
registrants to apply for the
wagering and betting licence
under section 4.3A.3(7);
(c) the Minister's determination
whether to grant or refuse an
application under section 4.3A.7;
(d) anything that may be or is
required to be done under the Act
by the Minister for the purpose of
making a determination under
section 4.3A.7;
lobbying activity means—
(a) in relation to a licence awarding
process, contact with a
government representative for the
purpose of influencing a decision
or thing to be done under that
process;
(b) in relation to a request to amend
the wagering and betting licence
under section 4.3A.22, contact
with a government representative
for the purpose of influencing the
Minister's decision whether to
make an amendment to the
wagering and betting licence;
s. 51
-- 52 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
48
Authorised by the Chief Parliamentary Counsel
lobbyist means a person or organisation—
(a) that carries out a lobbying activity
for or on behalf of a third party
client; or
(b) whose employees or contractors
carry out a lobbying activity for or
on behalf of a third party client;
registrant means a person who registers an
interest in the grant of the wagering and
betting licence.".
52 Registration of interest
In section 4.3A.3(8) of the Gambling Regulation
Act 2003—
(a) the definition of applicant is repealed;
(b) the definition of interested person is
repealed;
(c) the definition of registrant is repealed.
53 Application for licence
Section 4.3A.5(7) of the Gambling Regulation
Act 2003 is repealed.
54 Prohibition on improper interference
Section 4.3A.7A(3) of the Gambling Regulation
Act 2003 is repealed.
55 New section 4.3A.7B inserted
After section 4.3A.7A of the Gambling
Regulation Act 2003 insert—
"4.3A.7B Prohibition on lobbying in relation to
grant of application
(1) A lobbyist must not, in relation to a licence
awarding process, carry out a lobbying
activity for or on behalf of an interested
person.
s. 52
-- 53 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
49
Authorised by the Chief Parliamentary Counsel
(2) The Minister may refuse to consider a
registration of interest or an application for
the wagering and betting licence, or to grant
an application for the wagering and betting
licence, if the Minister is satisfied that a
lobbyist, for or on behalf of an interested
person in relation to a licence awarding
process, has carried out a lobbying activity.".
56 Amendment of licence
In section 4.3A.23(1) of the Gambling
Regulation Act 2003, for "The Minister"
substitute "Subject to this Part, the Minister".
57 New section 4.3A.23A inserted
After section 4.3A.23 of the Gambling
Regulation Act 2003 insert—
"4.3A.23A Prohibition on lobbying for amendment of
licence
(1) A lobbyist must not in relation to a request
for an amendment to the wagering and
betting licence under section 4.3A.22 carry
out a lobbying activity for or on behalf of an
interested person.
(2) The Minister may refuse to consider a
request to amend the wagering and betting
licence, if the Minister is satisfied that a
lobbyist, for or on behalf of an interested
person in relation to the request, has carried
out a lobbying activity.".
s. 56
-- 54 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
50
Authorised by the Chief Parliamentary Counsel
Subdivision 3—Public lottery licences
58 New Division 1AA of Part 3 of Chapter 5 inserted
Before Division 1 of Part 3 of Chapter 5 of the
Gambling Regulation Act 2003 insert—
"Division 1AA—Interpretation
5.3.1AA Definitions
In this Part—
applicant means an applicant for a public
lottery licence;
contact includes telephone contact, written
contact, face-to-face contact and email
contact or contact by other electronic
means;
government representative means—
(a) the Premier or another Minister;
(b) a Parliamentary Secretary;
(c) a person employed under Part 3 of
the Public Administration Act
2004;
(d) a ministerial officer employed
under Division 1 of Part 6 of the
Public Administration Act 2004;
(e) the Secretary;
(f) a person nominated and engaged
by the Secretary under Part 1A of
Chapter 10 for the purposes of
assisting the Secretary with his or
her obligations under this Part or
Division 1 of Part 4 of Chapter 10;
s. 58
-- 55 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
51
Authorised by the Chief Parliamentary Counsel
interested person means—
(a) a registrant or an applicant; or
(b) an associate of a registrant or of
an applicant; or
(c) an officer, servant, agent or
contractor of—
(i) a registrant or an applicant;
or
(ii) an associate of a registrant or
an applicant; or
(d) a public lottery licensee; or
(e) an associate of a public lottery
licensee; or
(f) an officer, servant, agent or
contractor of—
(i) a public lottery licensee; or
(ii) an associate of a public
lottery licensee;
licence awarding process means—
(a) the preparation or making of a
recommendation or report under
this Act in relation to the
registration of interest or
application;
(b) the Minister's decision to invite
one or more registrants to apply
for a public lottery licence or to
not invite any of the registrants to
apply for a public lottery licence
under section 5.3.2A(7);
(c) the Minister's determination
whether to grant or refuse an
application under section 5.3.5;
s. 58
-- 56 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
52
Authorised by the Chief Parliamentary Counsel
(d) anything that may be or is
required to be done under the Act
by the Minister for the purpose of
making a determination under
section 5.3.5;
lobbying activity means—
(a) in relation to a licence awarding
process, contact with a
government representative for the
purpose of influencing a decision
or thing to be done under that
process;
(b) in relation to a request to amend a
public lottery licence under
section 5.3.16, contact with a
government representative for the
purpose of influencing the
Minister's decision whether to
make an amendment to a public
lottery licence;
lobbyist means a person or organisation—
(a) that carries out a lobbying activity
for or on behalf of a third party
client; or
(b) whose employees or contractors
carry out a lobbying activity for or
on behalf of a third party client;
registrant means a person who registers an
interest in the grant of a public lottery
licence.".
s. 58
-- 57 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
53
Authorised by the Chief Parliamentary Counsel
59 New sections 5.3.5A and 5.3.5B inserted
After section 5.3.5 of the Gambling Regulation
Act 2003 insert—
"5.3.5A Prohibition on improper interference
(1) An interested person in relation to a
registration of interest or an application for a
public lottery licence must not improperly
interfere with the preparation or making of a
recommendation or report under this Act in
relation to the registration of interest or
application.
(2) If an interested person in relation to a
registration of interest or an application for a
public lottery licence improperly interferes
with the preparation or making of a
recommendation or report under this Act in
relation to the registration of interest or
application, the Minister may refuse to
consider, or consider further, the registration
of interest or application.
5.3.5B Prohibition on lobbying in relation to
grant of application
(1) A lobbyist must not in relation to a licence
awarding process carry out a lobbying
activity for or on behalf of an interested
person.
(2) The Minister may refuse to consider a
registration of interest or an application for a
public lottery licence, or to grant an
application for a public lottery licence, if the
Minister is satisfied that a lobbyist, for or on
behalf of an interested person in relation to a
licence awarding process, has carried out a
lobbying activity.".
s. 59
-- 58 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
54
Authorised by the Chief Parliamentary Counsel
60 Amendment of licence
In section 5.3.19(1) of the Gambling Regulation
Act 2003, for "The Minister" substitute
"Subject to this Part, the Minister".
61 New section 5.3.19A inserted
After section 5.3.19 of the Gambling Regulation
Act 2003 insert—
"5.3.19A Prohibition on lobbying for amendment of
licence
(1) A lobbyist must not in relation to a request
for an amendment to a public lottery licence
under section 5.3.16 carry out a lobbying
activity for or on behalf of an interested
person.
(2) The Minister may refuse to consider a
request to amend a public lottery licence, if
the Minister is satisfied that a lobbyist, for or
on behalf of an interested person in relation
to the request, has carried out a lobbying
activity.".
Subdivision 4—Keno licence
62 New Division 1AA of Part 3 of Chapter 6A inserted
Before Division 1 of Part 3 of Chapter 6A of the
Gambling Regulation Act 2003 insert—
"Division 1AA—Interpretation
6A.3.1AA Definitions
In this Part—
applicant means an applicant for the keno
licence;
s. 60
-- 59 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
55
Authorised by the Chief Parliamentary Counsel
contact includes telephone contact, written
contact, face-to-face contact and email
contact or contact by other electronic
means;
government representative means—
(a) the Premier or another Minister;
(b) a Parliamentary Secretary;
(c) a person employed under Part 3 of
the Public Administration Act
2004;
(d) a ministerial officer employed
under Division 1 of Part 6 of the
Public Administration Act 2004;
(e) the Secretary;
(f) a person nominated and engaged
by the Secretary under Part 1A of
Chapter 10 for the purposes of
assisting the Secretary with his or
her obligations under this Part or
Division 1A or 1B of Part 4 of
Chapter 10;
interested person means—
(a) a registrant or an applicant; or
(b) an associate of a registrant or of
an applicant; or
(c) an officer, servant, agent or
contractor of—
(i) a registrant or an applicant;
or
(ii) an associate of a registrant or
an applicant; or
(d) the keno licensee; or
s. 62
-- 60 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
56
Authorised by the Chief Parliamentary Counsel
(e) an associate of the keno licensee;
or
(f) an officer, servant, agent or
contractor of—
(i) the keno licensee; or
(ii) an associate of the keno
licensee;
licence awarding process means—
(a) the preparation or making of a
recommendation or report under
this Act in relation to the
registration of interest or
application;
(b) the Minister's decision to invite
one or more registrants to apply
for the keno licence or to not
invite any of the registrants to
apply for the keno licence under
section 6A.3.3(7);
(c) the Minister's determination
whether to grant or refuse an
application under section 6A.3.7;
(d) anything that may be or is
required to be done under the Act
by the Minister for the purpose of
making a determination under
section 6A.3.7;
lobbying activity means—
(a) in relation to a licence awarding
process, contact with a
government representative for the
purpose of influencing a decision
or thing to be done under that
process;
s. 62
-- 61 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
57
Authorised by the Chief Parliamentary Counsel
(b) in relation to a request to amend
the keno licence under
section 6A.3.22, contact with a
government representative for the
purpose of influencing the
Minister's decision whether to
make an amendment to the keno
licence;
lobbyist means a person or organisation—
(a) that carries out a lobbying activity
for or on behalf of a third party
client; or
(b) whose employees or contractors
carry out a lobbying activity for or
on behalf of a third party client;
registrant means a person who registers an
interest in the grant of the keno
licence.".
63 Registration of interest
Section 6A.3.3(8) of the Gambling Regulation
Act 2003 is repealed.
64 Application for licence
Section 6A.3.5(7) of the Gambling Regulation
Act 2003 is repealed.
65 Prohibition on improper interference
Section 6A.3.7A(3) of the Gambling Regulation
Act 2003 is repealed.
s. 63
-- 62 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
58
Authorised by the Chief Parliamentary Counsel
66 New section 6A.3.7B inserted
After section 6A.3.7A of the Gambling
Regulation Act 2003 insert—
"6A.3.7B Prohibition on lobbying in relation to
grant of application
(1) A lobbyist must not in relation to a licence
awarding process carry out a lobbying
activity for or on behalf of an interested
person.
(2) The Minister may refuse to consider a
registration of interest or an application for
the keno licence, or to grant an application
for the keno licence, if the Minister is
satisfied that a lobbyist, for or on behalf of
an interested person in relation to a licence
awarding process, has carried out a lobbying
activity.".
67 Amendment of licence
In section 6A.3.23(1) of the Gambling
Regulation Act 2003, for "The Minister"
substitute "Subject to this Part, the Minister".
68 New section 6A.3.23A inserted
After section 6A.3.23 of the Gambling
Regulation Act 2003 insert—
"6A.3.23A Prohibition on lobbying for amendment of
licence
(1) A lobbyist must not in relation to a request
for an amendment to the keno licence under
section 6A.3.22 carry out a lobbying activity
for or on behalf of an interested person.
(2) The Minister may refuse to consider a
request to amend the keno licence if the
Minister is satisfied that a lobbyist, for or on
behalf of an interested person in relation to
s. 66
-- 63 of 70 --
Part 2—Amendments to the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
59
Authorised by the Chief Parliamentary Counsel
the request, has carried out a lobbying
activity.".
__________________
s. 68
-- 64 of 70 --
Part 3—Amendments to the Gambling Regulation Further Amendment Act
2009
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
60
Authorised by the Chief Parliamentary Counsel
PART 3—AMENDMENTS TO THE GAMBLING
REGULATION FURTHER AMENDMENT ACT 2009
69 Possession of gaming machines may be authorised
For section 8 of the Gambling Regulation
Further Amendment Act 2009 substitute—
'8 Possession of gaming machines may be
authorised
(1) After section 3.2.2(2) of the Principal Act
insert—
"(2A) The Commission may authorise, in
writing, a person who was the holder of
a gaming operator's licence or a gaming
licence to—
(a) be in possession of gaming
equipment or monitoring
equipment; or
(b) sell or dispose of gaming
equipment or monitoring
equipment.
(2AB) The Commission may give an
authorisation under subsection (2A)
only if the gaming equipment or
monitoring equipment was acquired
while the person held a gaming
operator's licence or gaming licence.".
(2) In section 3.2.2(3) of the Principal Act, for
"(2) or (2B)" substitute "(2), (2A) or (2B)".'.
70 Repeal of redundant provision
Section 122 of the Gambling Regulation
Further Amendment Act 2009 is repealed.
s. 69
See:
Act No.
58/2009
and
amending
Act Nos
56/2010,
64/2010 and
29/2011.
Statute Book:
www.
legislation.
vic.gov.au
-- 65 of 70 --
Part 3—Amendments to the Gambling Regulation Further Amendment Act
2009
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
61
Authorised by the Chief Parliamentary Counsel
71 Statute law revision
In section 18 of the Gambling Regulation
Further Amendment Act 2009, for "section
3.4.1(ac)" substitute "section 3.4.1(1)(ac)".
__________________
s. 71
-- 66 of 70 --
Part 4—Amendments to the Gambling Regulation Amendment (Licensing)
Act 2009
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
62
Authorised by the Chief Parliamentary Counsel
PART 4—AMENDMENTS TO THE GAMBLING
REGULATION AMENDMENT (LICENSING) ACT 2009
72 Review of approvals
In section 79 of the Gambling Regulation
Amendment (Licensing) Act 2009, in proposed
section 3.5.33J(1)(b) of the Gambling Regulation
Act 2003, for "banking services" substitute
"cash facilities".
73 Statute law revision
In section 79 of the Gambling Regulation
Amendment (Licensing) Act 2009, in proposed
section 3.5.33M(3)(c) of the Gambling
Regulation Act 2003, omit "decision to" (where
first occurring).
__________________
s. 72
See:
Act No.
29/2009.
Statute Book:
www.
legislation.
vic.gov.au
-- 67 of 70 --
Part 5—Amendment to the Liquor Control Reform Act 1998
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
63
Authorised by the Chief Parliamentary Counsel
PART 5—AMENDMENT TO THE LIQUOR CONTROL
REFORM ACT 1998
74 Betting on licensed premises
After section 115(2)(b) of the Liquor Control
Reform Act 1998 insert—
"(ba) if—
(i) a betting facility of the holder of the
wagering and betting licence under
Chapter 4 of the Gambling Regulation
Act 2003 is established in the premises;
and
(ii) the betting takes place through that
licence holder; or".
__________________
s. 74
See:
Act No.
94/1998.
Reprint No. 5
as at
1 April 2010
and
amending
Act Nos
13/2010,
18/2010,
52/2010,
57/2010,
64/2010,
12/2011,
13/2011 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
-- 68 of 70 --
Part 6—Repeal of Amending Act
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
64
Authorised by the Chief Parliamentary Counsel
PART 6—REPEAL OF AMENDING ACT
75 Repeal of Act
This Act is repealed on 1 November 2013.
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. 75
-- 69 of 70 --
Gambling Regulation Amendment (Licensing) Act 2011
No. 60 of 2011
65
Authorised by the Chief Parliamentary Counsel
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 31 August 2011
Legislative Council: 13 October 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Gambling Regulation Act 2003, the Gambling Regulation Further
Amendment Act 2009, the Gambling Regulation Amendment
(Licensing) Act 2009 and the Liquor Control Reform Act 1998 and for
other purposes."
Endnotes
-- 70 of 70 --