Victorian Commission for Gambling and Liquor Regulation Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Words and expressions used in this Act, gambling legislation and liquor legislation 5 5 Decision-making guidelines 5 PART 2—THE VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION 6 Division 1—Establishment, functions and powers 6 6 Establishment of Commission 6 7 Official seal 6 8 Commission represents the Crown 6 9 Functions of the Commission 7 10 Powers of the Commission 8 Division 2—Membership of Commission 9 11 Constitution of Commission 9 12 Qualifications and eligibility for appointment 9 13 The Chairperson 10 14 Deputy Chairperson 10 15 Additional commissioners 10 16 Term of appointment 11 17 Remuneration 11 18 Acting appointments 11 19 Vacancies and resignation 12 20 Validity of decisions 13 21 Disclosure of interests 13 22 Protection from liability 14 23 Identity cards 14 -- 1 of 152 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 3—Performance and exercise of the Commission's functions, powers and duties 15 24 Basic requirement 15 25 How may Commission's functions, duties and powers be performed or exercised? 16 26 Meetings and inquiries generally 16 27 Meetings 17 28 Are Commission meetings and inquiries open to the public? 17 Division 4—Staffing and delegation 21 29 Staff 21 30 Delegation 21 31 Conflict of interest and duty 24 PART 3—INVESTIGATIONS AND INQUIRIES OF COMMISSION 25 Division 1—Investigations 25 32 General power of investigation 25 Division 2—Inquiries 26 Subdivision 1—Inquiries generally 26 33 Inquiries by Commission 26 34 Conduct of inquiry 26 35 Community interest inquiries 27 Subdivision 2—Community interest inquiries 27 36 Application 27 37 Procedure for community interest inquiries 28 38 Minister may require interim report 29 39 Final report to be provided to Minister 29 PART 4—GAMBLING AND LIQUOR INSPECTORS 30 40 Appointment 30 41 Criminal records check 31 42 Functions of gambling and liquor inspectors 32 43 Identity cards 33 44 Former inspectors 34 PART 5—GENERAL 35 45 Regulations 35 -- 2 of 152 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 6—SAVINGS AND TRANSITIONAL PROVISIONS 36 46 Definitions 36 47 General transitional provisions 36 48 Inspectors 36 49 Criminal records check 37 50 Statements of policy 38 PART 7—AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998 39 Division 1—Substantive amendments 39 51 Definitions 39 52 New section 3AA inserted 40 3AA Evidence constituting detraction from or detriment to amenity of area 40 53 Determination of uncontested applications 41 54 Determination of contested application after Panel report 41 55 Information in relation to fees 43 56 Division 1 of Part 6 substituted 44 Division 1—Disciplinary action against licensee or permittee 44 90 Definitions 44 91 Inquiry into whether there are grounds to take disciplinary action 48 92 Licensee or permittee to be given notice of any inquiry under this Division 49 92A Other interested persons to be given notice of any inquiry under this Division 50 93 Commission's determination following inquiry into existence of grounds for disciplinary action 52 93A Disciplinary action that is a cancellation, suspension or variation of licence or permit 54 93B Disciplinary action that is a fine 54 93C Disciplinary action that is a letter of censure 55 93D Disqualification 56 93E Endorsement of licence or permit by Commission 57 57 Sections 94 and 95 substituted 58 94 Inquiry into amenity or disuse 58 94A Commission must give notice of proposal to conduct inquiry under section 94 59 94B Other interested persons to be given notice of proposal to conduct inquiry under section 94 60 95 Cancellation, suspension or variation of licence or BYO permit by Commission 63 -- 3 of 152 -- Section Page iv Authorised by the Chief Parliamentary Counsel 58 Section 96B substituted 64 96B Suspension by Commission 64 96C Evidentiary matters 66 59 Service of breach notice 66 60 Procuring transfer by fraud 67 61 New Division 3B of Part 8 inserted 68 Division 3B—Injunctive relief 68 133H Injunctions to restrain conduct 68 133I Injunctions to do an act or thing 69 133J Interim injunctions 71 133K Power to rescind or vary injunctions 72 133L Undertakings as to damages and costs 72 62 New Divisions 1 and 2 of Part 9 substituted and Division 3 of Part 9 repealed 73 Division 1—Statements of reasons 73 149 Request for statement of reasons for decision 73 150 Content of statement of reasons and by when they must be given 73 Division 2—Internal review 74 151 Definitions 74 152 Reviewable decisions 75 153 Applications for internal review 80 154 Notification of certain persons of application for internal review 80 155 Commission on review must not include commissioner who made the reviewable decision 81 156 Commission on review must include Chairperson or a Deputy Chairperson 81 157 Decisions on internal review 81 158 Review of reviewable decisions relating to refusals to grant licence or BYO permit 83 159 Review of reviewable decisions relating to late hour entry declarations 83 160 Applications for internal review do not affect operation of reviewable decisions 84 63 New Division 5 of Part 9 substituted 85 Division 5—Appeals on questions of law 85 172A Appeal to Supreme Court 85 -- 4 of 152 -- Section Page v Authorised by the Chief Parliamentary Counsel 64 New Schedule 4 inserted 86 SCHEDULE 4—Transitional Provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011 86 1 Definitions 86 2 General savings provisions 88 3 Savings and transitional regulations 88 4 Office of Director abolished 88 5 References 89 6 Pending uncontested applications 90 7 Own motion variations of Director 90 8 Pending contested applications referred to Panel in respect of which consideration has not been given 91 9 Pending contested application referred to Panel in respect of which there is no Panel report 92 10 Contested applications in respect of which Panel has given Panel report 93 11 Tribunal inquiries 93 12 Documents or information of Director 95 13 Notices 95 14 Applications, approvals, decisions or other actions of Director 96 15 Taxes 96 16 Validity of things done under this Schedule 97 Division 2—Consequential repeals 98 65 Repeal of sections 45 and 46 98 66 Repeal of Part 5 98 67 Cancellation or suspension by Tribunal 98 68 Tribunal review of closure and evacuation notices 98 PART 8—AMENDMENT OF THE GAMBLING REGULATION ACT 2003 99 69 Purpose, objectives and outline 99 70 Definitions 99 71 Definitions for purposes of Part 2A of Chapter 3 102 72 New heading to Part 1 of Chapter 10 substituted 102 73 New Division heading substituted 102 74 Establishment etc. of Commission 102 75 Functions of Commission—Repeal of general function provision 102 76 Functions of Commission 102 77 Powers of Commission 103 78 Membership of Commission 103 79 Performance of Commission's functions 103 -- 5 of 152 -- Section Page vi Authorised by the Chief Parliamentary Counsel 80 Reasons for decisions 103 81 Staffing and delegation 103 82 General duty of confidentiality 103 83 Repeal of general investigatory powers 103 84 Repeal of investigation powers 104 85 Provisions relating to appointment of inspectors 104 86 Former inspectors 104 87 Investigation of application—functions of a commissioner 104 88 Photographs, finger prints and palm prints—functions of a commissioner 105 89 Police inquiry and report—functions of a commissioner 106 90 Commission may require further information—functions of a commissioner 107 91 Other amendments related to abolition of position of Executive Commissioner 108 92 New Part 26 of Schedule 7 inserted 109 PART 26—VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 109 26.1 Definitions 109 26.2 General savings provisions 110 26.3 Savings and transitional regulations 110 26.4 Abolition of the Victorian Commission for Gambling Regulation 111 26.5 References to the Victorian Commission for Gambling Regulation and Executive Commissioner 111 26.6 Notices 112 26.7 Things commenced by the former Commission or Executive Commissioner before abolition of former Commission 112 26.8 Financial statements 113 26.9 Taxes 113 26.10 Validity of things done under this Part of this Schedule 114 PART 9—AMENDMENT OF OTHER GAMBLING ACTS AND THE RACING ACT 1958 116 Division 1—Amendment of Casino Control Act 1991 116 93 Definitions 116 94 Amendments to Division 1 of Part 3—substitution of references to Executive Commissioner 116 95 Object of the Commission 116 96 Functions of the Commission 116 -- 6 of 152 -- Section Page vii Authorised by the Chief Parliamentary Counsel 97 New section 172 inserted 117 172 Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011 117 98 New Schedule 5 inserted 117 SCHEDULE 5—Transitional Provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011 117 1 Definitions 117 2 Things commenced by the former Commission or Executive Commissioner before abolition of former Commission 118 Division 2—Amendment of Casino (Management Agreement) Act 1993 119 99 Definitions 119 100 Powers of the Commission 119 101 New Part 5 inserted 119 PART 5—TRANSITIONAL PROVISIONS— VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 119 21 Definitions 119 22 Things commenced by the former Commission before abolition of former Commission 120 Division 3—Amendment of Racing Act 1958 121 102 Definitions 121 103 New Part VII inserted 121 PART VII—TRANSITIONAL PROVISIONS— VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 121 101 Definitions 121 102 Things commenced by the former Commission before abolition of former Commission 122 PART 10—CONSEQUENTIAL AMENDMENTS 123 104 Consequential amendments to other Acts 123 __________________ SCHEDULE—Consequential amendments 124 1 Casino Control Act 1991 124 2 Food Act 1984 124 3 Gambling Regulation Act 2003 124 4 Liquor Control Reform Act 1998 125 -- 7 of 152 -- Section Page viii Authorised by the Chief Parliamentary Counsel 5 Summary Offences Act 1966 143 6 Tobacco Act 1987 143 ═══════════════ ENDNOTES 144 -- 8 of 152 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Victorian Commission for Gambling and Liquor Regulation Act 2011 † No. 58 of 2011 [Assented to 2 November 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to establish the Victorian Commission for Gambling and Liquor Regulation; and (b) to make amendments to the Gambling Regulation Act 2003 and the Liquor Control Reform Act 1998 to enable the Victoria -- 9 of 152 -- Part 1—Preliminary Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 2 Authorised by the Chief Parliamentary Counsel Victorian Commission for Gambling and Liquor Regulation to perform or exercise regulatory functions or powers under those Acts; and (c) to make consequential amendments to the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Casino Control Act 1991, the Racing Act 1958 and other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision referred to in subsection (1) does not come into operation before 31 December 2012, it comes into operation on that day. 3 Definitions In this Act— bookmaker has the same meaning as it has in section 1.3 of the Gambling Regulation Act 2003; Chairperson means Chairperson of the Commission appointed under section 13; Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2; commissioner means a member of the Commission appointed under Part 2; community interest inquiry means an inquiry to which Subdivision 2 of Division 2 of Part 3 applies; Deputy Chairperson means a Deputy Chairperson of the Commission appointed under section 14; s. 2 -- 10 of 152 -- Part 1—Preliminary Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 3 Authorised by the Chief Parliamentary Counsel gambling and liquor inspector means an inspector appointed under section 40; gambling authorisation means— (a) a licence, permit, approval, authorisation or registration granted, issued, given or approved under the Gambling Regulation Act 2003 or the Casino Control Act 1991; or (b) a gaming machine entitlement; or (c) an authority conferred by a listing on the Roll; gambling legislation means— (a) the Gambling Regulation Act 2003; (b) the Casino Control Act 1991; (c) the Casino (Management Agreement) Act 1993; (d) regulations made under an Act referred to in paragraph (a), (b) or (c); inquiry means an inquiry conducted under Division 2 of Part 3; liquor authorisation means a licence or BYO permit under the Liquor Control Reform Act 1998; liquor legislation means the Liquor Control Reform Act 1998 or regulations made under that Act; regulated person means— (a) the holder of a gambling authorisation; or (b) an operator or nominee under a gambling authorisation; or s. 3 -- 11 of 152 -- Part 1—Preliminary Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 4 Authorised by the Chief Parliamentary Counsel (c) an associate of a person referred to in paragraph (a) or (b); or (d) an entitlement holder connected person; or (e) the holder of a liquor authorisation; or (f) a responsible person within the meaning of section 3(1) of the Liquor Control Reform Act 1998; or (g) a member of the committee of management of the holder of a liquor authorisation (if it is a club); or (h) a nominee of the holder of a liquor authorisation (if it is a club); or (i) a person who, directly or indirectly, is concerned in or takes part in the management of licensed premises; or (j) an applicant for a liquor authorisation; or (k) a person who carries on a business specified under sections 6A to 6D of the Liquor Control Reform Act 1998; restricted person means— (a) a commissioner; (b) a gambling and liquor inspector; (c) a person appointed by the Commission as an authorised person under section 1.3(3) of the Gambling Regulation Act 2003. Note This Act uses expressions that are defined in the Gambling Regulation Act 2003 and the Liquor Control Reform Act 1998. Section 4 provides that they are to have the same respective meanings in both Acts unless the context otherwise requires. s. 3 -- 12 of 152 -- Part 1—Preliminary Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 5 Authorised by the Chief Parliamentary Counsel 4 Words and expressions used in this Act, gambling legislation and liquor legislation (1) Words and expressions used in gambling legislation and in this Act have the same respective meanings in this Act as they have in that Act. (2) Words and expressions used in liquor legislation and in this Act have the same respective meanings in this Act as they have in that Act. (3) Subsection (1) or (2) does not apply to the extent that the context or subject matter otherwise indicates or requires. 5 Decision-making guidelines (1) The Minister may issue decision-making guidelines in respect of the regulation of gambling or liquor. (2) Decision-making guidelines issued by the Minister under this section must be published in the Government Gazette. __________________ s. 4 -- 13 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 6 Authorised by the Chief Parliamentary Counsel PART 2—THE VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION Division 1—Establishment, functions and powers 6 Establishment of Commission (1) The Victorian Commission for Gambling and Liquor Regulation is established. (2) The Commission— (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may acquire, hold and dispose of real and personal property; (d) may do and suffer all acts and things that a body corporate may by law do or suffer. 7 Official seal (1) The official seal of the Commission must— (a) be kept in such custody as the Commission directs; (b) not be used except as authorised by the Commission. (2) All courts must take judicial notice of the seal of the Commission affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 8 Commission represents the Crown In performing its functions and exercising its powers, the Commission represents the Crown. s. 6 -- 14 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 7 Authorised by the Chief Parliamentary Counsel 9 Functions of the Commission (1) The functions of the Commission are— (a) to perform the regulatory, investigative and disciplinary functions conferred on the Commission by or under this Act, the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Casino Control Act 1991, the Racing Act 1958 or any other Act; (b) to undertake licensing, approval, authorisation and registration activities under gambling legislation, liquor legislation or any other Act; (c) to promote and monitor compliance with gambling legislation and liquor legislation; (d) to detect and respond to contraventions of gambling legislation and liquor legislation; (e) to advise the Minister in relation to the Commission's functions under gambling legislation, liquor legislation and the Racing Act 1958; (f) to advise the Minister on the operation of gambling legislation and liquor legislation; (g) to ensure Government policy in relation to gambling and liquor is implemented; (h) to inform and educate the public about the Commission's regulatory practices and requirements. (2) The Commission also has the function of informing itself, in the manner it sees fit, as to its functions and the operation of the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Casino Control Act 1991 and the Racing Act 1958. s. 9 -- 15 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 8 Authorised by the Chief Parliamentary Counsel (3) The Commission must, when performing functions or duties or exercising its powers under the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Casino Control Act 1991, the Racing Act 1958 or any other Act, have regard to the objects of the Act conferring functions on the Commission. (4) The Commission must, when performing functions or duties or exercising its powers under gambling legislation or liquor legislation, have regard to any decision-making guidelines issued by the Minister under section 5. 10 Powers of the Commission (1) Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its duties and functions under— (a) this Act; (b) gambling legislation; (c) liquor legislation; (d) the Racing Act 1958; (e) any other Act; (f) regulations made under any Act referred to in paragraph (a), (d) or (e). (2) Without limiting subsection (1), the Commission may engage consultants, contractors or agents for or in connection with the performance of its functions and duties. s. 10 -- 16 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 9 Authorised by the Chief Parliamentary Counsel Division 2—Membership of Commission 11 Constitution of Commission (1) The Commission consists of— (a) a commissioner appointed as Chairperson; (b) one or more commissioners (other than the Chairperson) appointed as Deputy Chairpersons; (c) as many additional commissioners as the Minister considers necessary to enable the Commission to perform its functions. (2) Commissioners are appointed by the Governor in Council on the recommendation of the Minister. (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a commissioner in respect of the office of commissioner. 12 Qualifications and eligibility for appointment (1) A person is qualified to be appointed as a commissioner if the Minister is satisfied that he or she has appropriate knowledge, experience and expertise to be a member of the Commission. (2) However, a person is not eligible to be appointed as a commissioner if he or she has, at any time in the previous 2 years— (a) been the subject of— (i) a disqualification determination under section 93D of the Liquor Control Reform Act 1998; or (ii) an order made by VCAT under section 92 of the Liquor Control Reform Act 1998, as in force immediately before the commencement of this section, that disqualifies the person from holding a liquor s. 11 -- 17 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 10 Authorised by the Chief Parliamentary Counsel authorisation or taking part in the management of licensed premises or being employed by a person who holds a liquor authorisation; (b) been employed or significantly associated with— (i) a key operative; or (ii) a bookmaker; or (iii) a commercial raffle organiser. 13 The Chairperson (1) The Governor in Council, on the recommendation of the Minister, may appoint a qualified person as Chairperson. (2) The Chairperson is to be appointed on a full-time or part-time basis, on the terms and conditions determined by the Governor in Council. 14 Deputy Chairperson (1) The Governor in Council, on the recommendation of the Minister, may appoint one or more qualified persons as Deputy Chairpersons. (2) The appointment may be on a full-time or part- time basis, on the terms and conditions determined by the Governor in Council. 15 Additional commissioners (1) The Governor in Council, on the recommendation of the Minister, may appoint qualified persons as additional commissioners. (2) The appointment may be on a full-time or part- time basis, on the terms and conditions determined by the Governor in Council. s. 13 -- 18 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 11 Authorised by the Chief Parliamentary Counsel 16 Term of appointment A commissioner— (a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; (b) is eligible for re-appointment for a further term or terms. 17 Remuneration A commissioner is entitled to the remuneration specified in his or her instrument of appointment. 18 Acting appointments (1) The Minister may appoint a person to act in the office of commissioner, for a period not exceeding 6 months— (a) if a commissioner is absent or, for any other reason, is unable to perform the duties of office; or (b) during a vacancy in the office of commissioner; or (c) if the Minister considers that an appointment under this section is necessary to assist the Commission in the performance of its functions. (2) An acting commissioner is eligible for re-appointment for a further term or terms. (3) The Minister may— (a) determine the terms and conditions of appointment of an acting commissioner; and (b) terminate the appointment at any time. s. 16 -- 19 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 12 Authorised by the Chief Parliamentary Counsel (4) While acting in a commissioner's place, the acting commissioner— (a) has and may perform all the functions of the commissioner; and (b) is entitled to be paid the remuneration to which the commissioner would have been entitled. (5) The Minister may appoint a commissioner to act in the office of Chairperson if the Chairperson is absent or, for any other reason, is unable to perform the duties of office. (6) While acting in the Chairperson's place, the acting Chairperson— (a) has and may perform all the functions of the Chairperson; and (b) is entitled to be paid the remuneration to which the Chairperson would have been entitled. (7) A person appointed under this section may resign from that acting appointment by notice in writing delivered to the Minister. 19 Vacancies and resignation (1) A commissioner's office becomes vacant if he or she— (a) becomes bankrupt; or (b) is convicted in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or (c) is removed from office under subsection (2); or (d) resigns by notice in writing delivered to the Governor in Council. s. 19 -- 20 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 13 Authorised by the Chief Parliamentary Counsel (2) The Governor in Council, on the recommendation of the Minister, may remove a commissioner from office if the commissioner— (a) has refused, neglected, or failed to carry out the functions or duties of office; (b) has engaged in misconduct in carrying out the functions, powers or duties of office. (3) If a commissioner is removed from office under subsection (2), the Minister must cause to be laid before each House of the Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal. 20 Validity of decisions A decision of the Commission is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of a commissioner or acting commissioner. 21 Disclosure of interests (1) If a commissioner has an interest in a matter being considered, or about to be considered, by the Commission, he or she must, as soon as practicable after the relevant facts come to his or her knowledge, disclose the nature of the interest to the Chairperson. (2) If the Chairperson has an interest in a matter being considered, or about to be considered, by the Commission, he or she must, as soon as practicable after the relevant facts come to his or her knowledge, disclose the nature of the interest to the Minister. (3) The Commission must make guidelines specifying the types of interests that a commissioner must disclose for the purposes of this section. s. 20 -- 21 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 14 Authorised by the Chief Parliamentary Counsel (4) The Commission must cause guidelines made under this section to be published on the Internet site of the Commission. 22 Protection from liability (1) A commissioner, a delegate of the Commission, or a delegate of a commissioner is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the performance of a function under— (i) this Act; or (ii) gambling legislation; or (iii) liquor legislation; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under— (i) this Act; or (ii) gambling legislation; or (iii) liquor legislation. (2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a commissioner or delegate attaches instead to the Commission. 23 Identity cards (1) A commissioner (other than the Chairperson) is not authorised to perform the functions of an authorised person under the Liquor Control Reform Act 1998 unless he or she is in possession of an identity card in the form approved by the Chairperson. (2) The Chairperson is not authorised to perform the functions of an authorised person under the Liquor Control Reform Act 1998 unless he or s. 22 -- 22 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 15 Authorised by the Chief Parliamentary Counsel she is in possession of an identity card in the form approved by the Commission. (3) The identity card must bear a photograph and the name and signature of the commissioner. (4) Subject to this Act, liquor legislation and any other Act conferring a function on a commissioner in his or her capacity as an authorised person under the Liquor Control Reform Act 1998, in the course of performing a function as an authorised person, a commissioner must, if requested to do so by a person affected by the performance of that function, produce the commissioner's identity card for inspection by the person unless to do so would defeat the purpose for which the function is to be exercised. Division 3—Performance and exercise of the Commission's functions, powers and duties 24 Basic requirement (1) The Commission must endeavour to perform its functions and duties and exercise its powers without undue formality, and as expeditiously as practicable, as the requirements of this or any other Act and the proper consideration of the subject matter permit. (2) Without limiting subsection (1), the Commission is required to inform an applicant of the Commission's decision in respect of the applicant's matter, and any other party to that matter, as soon as practicable after making the decision. (3) For the purposes of subsection (2), an applicant is a person who has applied for a gambling authorisation or a liquor authorisation that the Commission may grant, issue or give. s. 24 -- 23 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 16 Authorised by the Chief Parliamentary Counsel 25 How may Commission's functions, duties and powers be performed or exercised? (1) A function, duty or power of the Commission is to be performed or exercised by the Commission at a meeting, or an inquiry, in accordance with this Division and Division 2 of Part 3. (2) A function of the Commission that an Act or subordinate instrument provides may be performed by any commissioner may also be performed by the Commission at a meeting convened or inquiry arranged in accordance with this Division and Division 2 of Part 3. (3) In performing a function or duty the Commission— (a) except when exercising a power under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958, is not bound by the rules of evidence but may inform itself in any way it thinks fit; Note See section 33(3). (b) is bound by the rules of natural justice. 26 Meetings and inquiries generally (1) The Chairperson— (a) must convene as many meetings of the Commission as he or she considers necessary for the efficient conduct of its affairs; (b) may arrange for the Commission to conduct an inquiry. (2) A meeting convened, or inquiry arranged, in accordance with this section, may be conducted at a place determined by the Chairperson. s. 25 -- 24 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 17 Authorised by the Chief Parliamentary Counsel (3) The Chairperson, or in his or her absence and if there is no acting Chairperson, a Deputy Chairperson, is to preside at a meeting or inquiry of the Commission. (4) Subject to this Act, gambling legislation or liquor legislation, the Commission may regulate its own procedure. 27 Meetings (1) A meeting of the Commission may be conducted by telephone, closed circuit television or other means of communication that does not require the physical presence of each commissioner in the same room. (2) The quorum for a meeting of the Commission is 3 commissioners, at least one of whom must be the Chairperson or a Deputy Chairperson. (3) A matter arising at a meeting is determined by a majority of votes of the commissioners present and voting on the question and the person presiding has a deliberative vote and, if voting is equal, a second or casting vote. 28 Are Commission meetings and inquiries open to the public? (1) The Commission may conduct meetings and inquiries in public or private. (2) However, an inquiry conducted for the purposes of making a finding or a determination relating to any of the following matters must be conducted in public unless the Commission determines, under subsection (3), that there are special circumstances requiring that the inquiry or part of it should be conducted in private— s. 27 -- 25 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 18 Authorised by the Chief Parliamentary Counsel (a) a liquor licence application if an objection, on the grounds of either amenity or the misuse and abuse of alcohol under section 38, 40 or 41(1)(b) of the Liquor Control Reform Act 1998, is lodged in accordance with the requirements of that Act; (b) a late hour entry declaration for an area or locality under section 58B of the Liquor Control Reform Act 1998; (c) a disciplinary action inquiry under section 91 of the Liquor Control Reform Act 1998; (d) an inquiry into amenity or disuse under section 94 of the Liquor Control Reform Act 1998; (e) an application for approval of premises for gaming under Part 3 of Chapter 3 of the Gambling Regulation Act 2003; (f) an application for a venue operator's licence under Division 2 of Part 4 of Chapter 3 of the Gambling Regulation Act 2003; (g) a proposed amendment to a venue operator's licence to— (i) vary the days or dates on which 24 hour gaming is permitted; (ii) add a new condition to specify days or dates on which 24 hour gaming is permitted; (iii) increase the number of gaming machines permitted in an approved venue so that the approved venue will have more than 10% more than the number of gaming machines permitted in the venue at the time of the proposed amendment; s. 28 -- 26 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 19 Authorised by the Chief Parliamentary Counsel (iv) increase the number of gaming machines permitted in an approved venue within 2 years after the Commission has approved an increase of not more than 10% in the number of gaming machines permitted in the venue; (v) vary the approved self-exclusion program; (vi) vary the approved Responsible Gambling Code of Conduct; (h) approval of gaming machine types and games under section 3.5.4 of the Gambling Regulation Act 2003; (i) variation of gaming machine types and games under section 3.5.5 of the Gambling Regulation Act 2003; (j) withdrawal of gaming machine types and games under section 3.5.6 of the Gambling Regulation Act 2003; (k) approval to install a linked jackpot arrangement referred to in section 3.5.7 of the Gambling Regulation Act 2003; (l) the making of rules under section 3.5.23 of the Gambling Regulation Act 2003; (m) any matters in relation to an application under Chapter 4 of the Gambling Regulation Act 2003 (other than an application under Part 3 of that Chapter of that Act); (n) any matters in relation to an application under Chapter 6A of the Gambling Regulation Act 2003 (other than an application under Part 3 of that Chapter of that Act); s. 28 -- 27 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 20 Authorised by the Chief Parliamentary Counsel (o) any of the following under the Casino Control Act 1991— (i) the granting of a casino licence under section 13 of that Act; (ii) the amendment of the conditions of a casino licence under section 16 of that Act; (iii) the definition or redefinition of boundaries of a casino under section 17 of that Act; (iv) the giving or varying of a direction about the days and times of operation of a casino under section 65 of that Act. (3) The Commission may direct that an inquiry or part of it be conducted in private if the Commission considers that special circumstances of a kind specified in paragraph (a) or (b) exist— (a) to prevent the unreasonable divulgence of information relating to the personal affairs of any person (including a deceased person); or (b) it is otherwise in the interests of justice or the public interest to do so. (4) The Commission must advise that the Commission is conducting an inquiry in public by notice published on the Internet site of the Commission. (5) In the notice published under subsection (4), the Commission must— (a) specify the type of inquiry being conducted; and (b) specify the date of, time of and place of the inquiry. s. 28 -- 28 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 21 Authorised by the Chief Parliamentary Counsel Division 4—Staffing and delegation 29 Staff (1) Any employees that are necessary for the purposes of performing the functions of the Commission under this Act, gambling legislation, liquor legislation or any other Act may be employed under Part 3 of the Public Administration Act 2004. (2) The Commission may enter into agreements or arrangements for the use of the services of any staff of a government department, statutory authority or other public body. (3) The Commission may, by instrument, nominate a person by name to assist or advise the Commission in the performance of functions under this Act, gambling legislation, liquor legislation or any other Act. (4) A nomination under subsection (3) must specify the functions in relation to which the nominated person is to assist or advise the Commission. (5) A nomination under subsection (3) remains in force for the period determined by the Commission and may be extended from time to time by the Commission. 30 Delegation (1) The Commission may, by instrument, delegate any power, function or duty of the Commission under any Act or subordinate instrument to a commissioner (other than a function specified in subsection (3)). (2) The Commission may, by instrument, delegate any power, function or duty of the Commission under any Act or subordinate instrument (other than a function specified in subsection (3)) to— s. 29 -- 29 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 22 Authorised by the Chief Parliamentary Counsel (a) a member of staff employed under section 29; (b) a person employed under Part 3 of the Public Administration Act 2004. (3) The following functions of the Commission are not delegable— (a) a function under section 10.1.32(3) of the Gambling Regulation Act 2003; (b) a late hour entry declaration for an area or locality under section 58B of the Liquor Control Reform Act 1998; (c) a function under Divisions 1 and 2 of Part 6 of the Liquor Control Reform Act 1998 (other than the giving of a specified notice); (d) internal reviews under Division 2 of Part 9 of the Liquor Control Reform Act 1998 (other than the giving of a notification under section 154 of that Act). (4) A single commissioner may, by instrument, delegate to an employee or member of staff referred to in section 29 any function that may be performed by a commissioner under— (a) section 3.3.16 of the Gambling Regulation Act 2003; (b) section 4.5A.5 of the Gambling Regulation Act 2003; (c) sections 5.7.4 and 5.7.5 of the Gambling Regulation Act 2003; (d) section 5.7.9 of the Gambling Regulation Act 2003; s. 30 -- 30 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 23 Authorised by the Chief Parliamentary Counsel (e) section 8.3.3 of the Gambling Regulation Act 2003; (f) section 8.3.13 of the Gambling Regulation Act 2003; (g) section 8.5A.3 of the Gambling Regulation Act 2003; (h) sections 9A.1.5 and 9A.1.6 of the Gambling Regulation Act 2003; (i) sections 44, 45 and 45A of the Casino Control Act 1991. (5) For the purposes of subsection (3)(c), specified notice means— (a) written notice given under section 92(1) of the Liquor Control Reform Act 1998; (b) written notice given under section 92A(1)(a) of the Liquor Control Reform Act 1998; (c) notice published under section 92A(1)(b) of the Liquor Control Reform Act 1998; (d) written notice given under section 93(2)(a) of the Liquor Control Reform Act 1998; (e) written notice given under section 93D(4)(a) of the Liquor Control Reform Act 1998; (f) written notice given under section 93E(3)(a) of the Liquor Control Reform Act 1998; (g) written notice given under section 94A(1) of the Liquor Control Reform Act 1998; (h) written notice given under section 94B(1) of the Liquor Control Reform Act 1998. s. 30 -- 31 of 152 -- Part 2—The Victorian Commission for Gambling and Liquor Regulation Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 24 Authorised by the Chief Parliamentary Counsel 31 Conflict of interest and duty (1) A restricted person must not be an employee of— (a) a key operative; or (b) a bookmaker; or (c) a commercial raffle organiser. Penalty: 60 penalty units. (2) A person who ceases to be a commissioner must not, at any time during the next 2 years, be employed by, or significantly associated with— (a) a key operative; or (b) a bookmaker; or (c) a commercial raffle organiser. Penalty: 60 penalty units. (3) Unless the Commission otherwise approves, a person who ceases to be a restricted person must not, at any time during the next 2 years, be employed or significantly associated with— (a) a key operative; or (b) a bookmaker; or (c) a commercial raffle organiser. Penalty: 60 penalty units. (4) A key operative, bookmaker or commercial raffle organiser must not employ, or be significantly associated with, a person prohibited by subsection (2) or (3) or by section 44 from being so employed or associated. Penalty: 60 penalty units. __________________ s. 31 -- 32 of 152 -- Part 3—Investigations and Inquiries of Commission Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 25 Authorised by the Chief Parliamentary Counsel PART 3—INVESTIGATIONS AND INQUIRIES OF COMMISSION Division 1—Investigations 32 General power of investigation (1) For the purposes of performing its functions or duties, or exercising its powers under this Act, gambling legislation or liquor legislation, the Commission may carry out investigations. (2) An investigation under this Division may include (but is not limited to) an investigation of any or all of the following— (a) a person who, in the opinion of the Commission, is a regulated person; (b) the conduct and practices of a person referred to in paragraph (a); (c) any contravention or suspected contravention of a provision under the Gambling Regulation Act 2003; (d) a person who, in the opinion of the Commission, could affect the exercise of functions in or in relation to the conduct of the operations of a regulated person under— (i) a gambling authorisation; or (ii) a liquor authorisation; (e) a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a regulated person, in relation to functions in or in relation to the conduct of operations under— (i) a gambling authorisation; or (ii) a liquor authorisation; s. 32 -- 33 of 152 -- Part 3—Investigations and Inquiries of Commission Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 26 Authorised by the Chief Parliamentary Counsel (f) any contravention or suspected contravention of the Liquor Control Reform Act 1998; (g) an investigation under section 91A or 94A(5D) of the Racing Act 1958; (h) matters relevant to the functions, powers or duties of the Commission or the operation of gambling legislation or liquor legislation. (3) An investigation under this Division may include making an enquiry of a preliminary nature. Division 2—Inquiries Subdivision 1—Inquiries generally 33 Inquiries by Commission (1) The Commission may conduct an inquiry for the purposes of performing its functions or duties, or exercising its powers under this Act, gambling legislation or liquor legislation. (2) At least one commissioner must preside at an inquiry. (3) When conducting an inquiry for the purposes of performing its functions under section 9(1)(a), (b), (c) or (d) the Commission is taken to be a board appointed by the Governor in Council and Division 5 of Part I (including section 21A) of the Evidence (Miscellaneous Provisions) Act 1958 applies accordingly. 34 Conduct of inquiry Subject to this Act, gambling legislation or liquor legislation, the Commission may conduct any inquiry in any manner the Commission considers appropriate. Note As to which provisions of this Act the section is subject to, see, for example, sections 25(3) and 33(3). s. 33 -- 34 of 152 -- Part 3—Investigations and Inquiries of Commission Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 27 Authorised by the Chief Parliamentary Counsel 35 Community interest inquiries (1) The Commission may determine that an inquiry it is proposing to, or must, conduct is a community interest inquiry. (2) In making a determination under subsection (1), the Commission must have regard to the subject matter of the proposed inquiry and the functions, powers and duties it will perform or exercise for the purposes of that inquiry. (3) If directed to do so by the Minister, the Commission must conduct a community interest inquiry into any matter specified by the Minister that is relevant to the administration of this Act, gambling legislation or liquor legislation. (4) A direction made by the Minister under subsection (3) must be in writing. (5) The Commission must make a report to the Minister on the results of a community interest inquiry conducted at the direction of the Minister under subsection (3). Subdivision 2—Community interest inquiries 36 Application This Subdivision applies to an inquiry— (a) that the Commission has determined is a community interest inquiry; (b) that the Minister has directed the Commission to conduct under section 35(3). s. 35 -- 35 of 152 -- Part 3—Investigations and Inquiries of Commission Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 28 Authorised by the Chief Parliamentary Counsel 37 Procedure for community interest inquiries (1) The Commission must conduct a community interest inquiry in public. (2) In conducting a community interest inquiry, the Commission may— (a) determine the area or locality in the State to which the inquiry relates; (b) call for submissions from interested organisations and members of the public; (c) consult with persons or bodies the Commission considers appropriate and seek submissions from those persons and bodies. (3) The Commission must advise that a community interest inquiry is being conducted by the Commission— (a) by notice published in the Government Gazette; and (b) by notice published on the Internet site of the Commission; and (c) if the inquiry relates to a particular area or locality—by notice published in a newspaper circulating in the area or locality to which the inquiry relates. (4) The Commission must— (a) in the notices required to be published under subsection (3), invite the public to make submissions to the Commission in relation to the community interest inquiry within the time specified in those notices; (b) set out the manner and form in which submissions may be made. s. 37 -- 36 of 152 -- Part 3—Investigations and Inquiries of Commission Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 29 Authorised by the Chief Parliamentary Counsel (5) All submissions made to the Commission that— (a) relate to the subject matter of the community interest inquiry; and (b) are made within the time, manner and form specified by the Commission in the notices required to be published under subsection (3)— must be considered by the Commission before the community interest inquiry is concluded. 38 Minister may require interim report (1) The Minister may, in writing, request the Commission to provide an interim report, within a time specified by the Minister, on any community interest inquiry being conducted by the Commission before the inquiry is concluded. (2) An interim report made by the Commission and given to the Minister under subsection (1) may be made orally or may be in writing. 39 Final report to be provided to Minister (1) At the conclusion of a community interest inquiry, the Commission must give the Minister a report on the outcomes of the inquiry. (2) A report made by the Commission and given to the Minister under subsection (1) must be in writing. __________________ s. 38 -- 37 of 152 -- Part 4—Gambling and Liquor Inspectors Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 30 Authorised by the Chief Parliamentary Counsel PART 4—GAMBLING AND LIQUOR INSPECTORS 40 Appointment (1) The Chairperson may, by instrument, appoint as a gambling and liquor inspector for the purposes of this Act, gambling legislation, liquor legislation or the Racing Act 1958 a person employed under Part 3 of the Public Administration Act 2004 who, in the Chairperson's opinion— (a) is competent to perform the functions of an inspector; and (b) is of good reputation, having regard to character, honesty and integrity. (2) Unless the Chairperson considers that there are special circumstances, the Chairperson cannot appoint as a gambling and liquor inspector a person who is, or at any time in the previous 2 years has been— (a) the subject of— (i) a disqualification determination under section 93D of the Liquor Control Reform Act 1998; or (ii) an order made by VCAT under section 92 of the Liquor Control Reform Act 1998, as in force immediately before the commencement of this section, that disqualifies the person from holding a liquor authorisation or taking part in the management of licensed premises or being employed by a person who holds a liquor authorisation; or s. 40 -- 38 of 152 -- Part 4—Gambling and Liquor Inspectors Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 31 Authorised by the Chief Parliamentary Counsel (b) employed by, or significantly associated with— (i) a key operative; or (ii) a bookmaker; or (iii) a commercial raffle organiser; or (iv) the holder of an on-course wagering permit. (3) Unless the Chairperson considers that there are special circumstances, the Chairperson cannot appoint as a gambling and liquor inspector a person who is, or at any time during the previous 2 years has been, entitled to 2% or more of the voting shares in the holder of the gaming licence and the wagering licence or a former holder. 41 Criminal records check (1) The Commission may require a person under consideration for appointment as a gambling and liquor inspector to consent to having his or her photograph, finger prints and palm prints taken. (2) The Commission must refer a copy of any photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police. (3) The Chief Commissioner of Police must inquire into and report to the Commission on matters relating to whether the person under consideration is of good repute, having regard to character, honesty and integrity. (4) The Chief Commissioner of Police must ensure that— (a) any copies of photographs, finger prints and palm prints and any supporting documentation received under subsection (2) are destroyed— s. 41 -- 39 of 152 -- Part 4—Gambling and Liquor Inspectors Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 32 Authorised by the Chief Parliamentary Counsel (i) within 28 days after they are no longer required in connection with the Chief Commissioner's inquiry and report under subsection (3); or (ii) no later than 6 months from the date they were received— whichever is the earlier; and (b) the person to whom they relate is notified of the destruction as soon as practicable. (5) The Chairperson must ensure that— (a) any photographs, finger prints or palm prints taken under subsection (1) are destroyed— (i) within 28 days after they are no longer required in connection with the consideration of the person's appointment as a gambling and liquor inspector; or (ii) no later than 6 months from the date they were taken— whichever is the earlier; and (b) the person to whom they relate is notified of the destruction as soon as practicable. 42 Functions of gambling and liquor inspectors (1) A gambling and liquor inspector has the following functions— (a) any functions conferred on a gambling and liquor inspector under gambling legislation or liquor legislation; (b) any functions conferred on a gambling and liquor inspector under the Racing Act 1958 and any regulations made under that Act; s. 42 -- 40 of 152 -- Part 4—Gambling and Liquor Inspectors Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 33 Authorised by the Chief Parliamentary Counsel (c) any other functions conferred on a gambling and liquor inspector under this Act, any other Act or regulations made under this Act or any other Act. (2) A gambling and liquor inspector has all the powers necessary to perform his or her functions under gambling legislation and liquor legislation. (3) Without limiting subsection (2), a gambling and liquor inspector may— (a) with the approval of the Commission, bring proceedings for offences against this Act, gambling legislation or liquor legislation; (b) appear personally or be represented by an Australian lawyer in any proceedings he or she has become involved in as a consequence of performing the functions of a gambling and liquor inspector. 43 Identity cards (1) A gambling and liquor inspector is not authorised to perform the functions of a gambling and liquor inspector unless he or she is in possession of an identity card in the form approved by the Chairperson. (2) The identity card must bear a photograph and the name and signature of the gambling and liquor inspector. (3) Subject to this Act and any other Act conferring a function on a gambling and liquor inspector, in the course of performing a function as a gambling and liquor inspector, a gambling and liquor inspector must, if requested to do so by a person affected by the performance of that function, produce the gambling and liquor inspector's identity card for inspection by the person unless to do so would defeat the purpose for which the function is to be exercised. s. 43 -- 41 of 152 -- Part 4—Gambling and Liquor Inspectors Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 34 Authorised by the Chief Parliamentary Counsel 44 Former inspectors Unless the Chairperson otherwise approves, a person who ceases to be a gambling and liquor inspector must not, at any time during the next 2 years, be employed by or significantly associated with a key operative. Penalty: 60 penalty units. __________________ s. 44 -- 42 of 152 -- Part 5—General Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 35 Authorised by the Chief Parliamentary Counsel PART 5—GENERAL 45 Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. __________________ s. 45 -- 43 of 152 -- Part 6—Savings and Transitional Provisions Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 36 Authorised by the Chief Parliamentary Counsel PART 6—SAVINGS AND TRANSITIONAL PROVISIONS 46 Definitions In this Part— commencement day means the day on which section 3 comes into operation; new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2. 47 General transitional provisions (1) This Part does not affect or take away from the Interpretation of Legislation Act 1984. (2) This Part applies despite anything to the contrary in any other provision in this Act. 48 Inspectors (1) Subject to subsection (2), a person who is, immediately before the commencement day— (a) an inspector appointed under section 10.5.1 of the Gambling Regulation Act 2003; or (b) a compliance inspector appointed under section 172A of the Liquor Control Reform Act 1998— is, on that day, taken to be a gambling and liquor inspector appointed under section 40. (2) If a person specified in subsection (1)(b) does not, on the commencement day, meet the eligibility criteria specified in section 40(2) and (3) for a gambling and liquor inspector, the person must, within 6 months after that day apply for an exemption from the Chairperson to continue to be a gambling and liquor inspector. s. 46 -- 44 of 152 -- Part 6—Savings and Transitional Provisions Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 37 Authorised by the Chief Parliamentary Counsel (3) If a person specified in subsection (1)(b) does not apply for an exemption under subsection (2) within the period specified, the person ceases to be a gambling and liquor inspector at the end of that period. (4) The Chairperson must grant or refuse an exemption under this section as soon as practicable after application for the exemption has been made. (5) The Chairperson must notify, in writing, the person of his or her decision whether to grant or refuse to grant an exemption. (6) A person who has applied for an exemption under subsection (2) may, if granted an exemption by the Chairperson, continue to be a gambling and liquor inspector appointed under this Act. (7) If the Chairperson refuses to grant an exemption the person ceases to be a gambling and liquor inspector on the date the person is notified of that refusal. 49 Criminal records check (1) Photographs, finger prints and palm prints taken under section 10.5.2 of the Gambling Regulation Act 2003 and photographs and finger prints taken under section 172B of the Liquor Control Reform Act 1998 that are in existence immediately before the commencement day are, on that day, taken to be photographs, finger prints and palm prints taken under section 41. (2) Despite section 41(4), the Chief Commissioner of Police has a period of 6 months from the commencement day to comply with section 41(4) in respect of photographs, finger prints and palm prints taken under section 10.5.2 of the Gambling Regulation Act 2003 to which subsection (1) applies. s. 49 -- 45 of 152 -- Part 6—Savings and Transitional Provisions Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 38 Authorised by the Chief Parliamentary Counsel (3) Despite section 41(5), the Chairperson has a period of 6 months from the commencement day to comply with section 41(5) in respect of photographs, finger prints and palm prints taken under section 10.5.2 of the Gambling Regulation Act 2003 to which subsection (1) applies. 50 Statements of policy (1) On the commencement day, a statement of policy made and in force immediately before that day is taken to be decision-making guidelines made under section 5. (2) In this section, statement of policy means— (a) the Statement of Policy made by the Minister for Consumer Affairs on 25 October 2006 and published in the Government Gazette No. S 294 on 27 October 2006; (b) the Statement of Policy made by the Minister for Consumer Affairs on 18 March 2011 and published in the Government Gazette No. S 88 on 18 March 2011; (c) the Statement of Policy made by the Minister for Consumer Affairs on 4 August 2011 and published in the Government Gazette No. G 31 on 4 August 2011. __________________ s. 50 -- 46 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 39 Authorised by the Chief Parliamentary Counsel PART 7—AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998 Division 1—Substantive amendments 51 Definitions (1) Insert the following definitions in section 3(1) of the Liquor Control Reform Act 1998— "Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; commissioner means a member of the Commission appointed under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; gambling and liquor inspector means an inspector appointed under section 40 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; inquiry has the same meaning as in the Victorian Commission for Gambling and Liquor Regulation Act 2011;". (2) In section 3(1) of the Liquor Control Reform Act 1998, for the definition of authorised person substitute— "authorised person means— (a) a commissioner; or (b) a gambling and liquor inspector; or (c) a member of the police force;". (3) In section 3(1) of the Liquor Control Reform Act 1998, in the definition of approved responsible service of alcohol program, for s. 51 See: Act No. 94/1988. 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 -- 47 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 40 Authorised by the Chief Parliamentary Counsel "the Director" (wherever occurring) substitute "the Commission". (4) In section 3(1) of the Liquor Control Reform Act 1998, the definitions of compliance inspector, Director and Tribunal are repealed. 52 New section 3AA inserted After section 3A of the Liquor Control Reform Act 1998 insert— "3AA Evidence constituting detraction from or detriment to amenity of area For the purposes of this Act, evidence of any of the following factors, which may occur inside, or a place outside a licensed premises that is sufficiently proximate to, that premises, are taken to constitute evidence of detraction from, or detriment to, the amenity of the area in which the licensed premises is situated— (a) violent behaviour; (b) drunkenness; (c) vandalism; (d) using profane, indecent or obscene language; (e) using threatening, abusive or insulting language; (f) behaving in a riotous, indecent, offensive or insulting manner; (g) disorderly behaviour; (h) causing nuisance; (i) noise disturbance to occupiers of other premises; s. 52 -- 48 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 41 Authorised by the Chief Parliamentary Counsel (j) obstructing a footpath, street or road; (k) littering.". 53 Determination of uncontested applications (1) In section 44 of the Liquor Control Reform Act 1998— (a) in subsection (1), for "Director" substitute "Commission"; (b) in subsection (2), for "Director" substitute "Commission". (2) For section 44(4) of the Liquor Control Reform Act 1998 substitute— "(4) The Commission may— (a) in respect of an uncontested application, have regard to any matter the Commission considers relevant; and (b) make any enquiries the Commission considers appropriate but is not required to give any person an opportunity to be heard concerning the application.". 54 Determination of contested application after Panel report (1) Insert the following heading to section 47 of the Liquor Control Reform Act 1998— "Determination of contested application". (2) For section 47(1) of the Liquor Control Reform Act 1998 substitute— "(1) Subject to Division 3, the Commission must, after the period for making an objection under Division 5 has expired, including any extension of time granted for making an objection, grant or refuse a contested application.". s. 53 -- 49 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 42 Authorised by the Chief Parliamentary Counsel (3) In section 47(2) of the Liquor Control Reform Act 1998, for "Director" substitute "Commission". (4) For section 47(3) of the Liquor Control Reform Act 1998 substitute— "(3) Before granting or refusing a contested application under subsection (1), the Commission— (a) may have regard to any matter the Commission considers relevant; and (b) may make any enquiries the Commission considers appropriate; and (c) must give the applicant and each objector a reasonable opportunity to be heard. (3A) If an inquiry is conducted for the purposes of this section— (a) the Commission must conduct the inquiry in public unless the Commission determines that the inquiry, or part of the inquiry should be conducted in private as— (i) confidential information will be disclosed at the inquiry; or (ii) it is in the public interest to conduct the inquiry in private; or (iii) it is in the interests of justice to conduct the inquiry in private; and (b) the Commission may grant or refuse a contested application without hearing from a person who has notice of the inquiry if the person is not present or represented at the time and place appointed for the inquiry; and s. 54 -- 50 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 43 Authorised by the Chief Parliamentary Counsel (c) the Commission may consider evidence of anything said or done at the inquiry in any internal review of that decision. (3B) A person who has a right to be heard by the Commission may— (a) appear and be heard in person; or (b) be represented by any other person. (3C) The Commission must advise the applicant and each objector of the decision made in respect of the contested application within 28 days after that decision has been made. (3D) The Commission must give a statement of reasons for the decision to the applicant and each objector in respect of the contested application as soon as practicable after the decision is made.". (5) In section 47(4), (5) and (6) of the Liquor Control Reform Act 1998, for "Director" (wherever occurring) substitute "Commission". 55 Information in relation to fees After section 66A(4) of the Liquor Control Reform Act 1998 insert— "(4A) The Commission may authorise, for the purposes of this section, any person employed under Part 3 of the Public Administration Act 2004 by the Commission.". s. 55 -- 51 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 44 Authorised by the Chief Parliamentary Counsel 56 Division 1 of Part 6 substituted For Division 1 of Part 6 of the Liquor Control Reform Act 1998 substitute— "Division 1—Disciplinary action against licensee or permittee 90 Definitions (1) In this Division— disciplinary action, against a licensee or permittee, means any one, or a combination, of the following— (a) the cancellation, or suspension for a specified period, of the licensee's licence or permittee's BYO permit; (b) the variation of the licensee's licence or permittee's BYO permit; (c) the endorsement of the licensee's licence or permittee's BYO permit; (d) the issuing of a letter of censure to the licensee or permittee; (e) the imposition of a fine not exceeding an amount that is 250 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the licensee or permittee; s. 56 -- 52 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 45 Authorised by the Chief Parliamentary Counsel grounds for disciplinary action, in relation to a licensee or permittee, means any of the following— (a) that the licensee or permittee has contravened a provision of this Act, the regulations, the licence or BYO permit or a condition of the licence or BYO permit (as the case may be); (b) that the licensee or permittee has contravened a condition of an approval or consent of the Commission under this Act (other than a licence or BYO permit); (c) that the licensee or permittee has been found guilty of an offence against section 118A or an offence against regulations made under section 118B; (d) that the licensee has contravened an undertaking given under section 133F; (e) that the licensee or permittee has been found guilty of an offence against this Act or the regulations; (f) that the licensee or permittee has been found guilty of an offence under Part II of the Food Act 1984 in relation to liquor supplied by the licensee or permittee; (g) that the licensee or permittee has been found guilty of an offence under the Police Regulation Act 1958 relating to bribery of a member of the police force; s. 56 -- 53 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 46 Authorised by the Chief Parliamentary Counsel (h) that the licensee or permittee has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more; (i) that the licensee or permittee is a body corporate, a director of which has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more; (j) the licensee or permittee is a club that is not a body corporate, a member of the committee of management of which has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more; (k) that the licensee or permittee has knowingly assisted a person to breach a disqualification determination imposed under section 93D; (l) that the licensee or permittee has paid a penalty for an offence under this Act for which an infringement notice within the meaning of the Infringements Act 2006 has been served; (m) that the licensee or permittee has altered the premises in a way that would have prevented the granting of the licence under section 22 had the alterations been in place s. 56 -- 54 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 47 Authorised by the Chief Parliamentary Counsel immediately before the licence was granted; (n) that the licensee or permittee has obtained the licence or BYO permit by fraud or false representations; (o) that the licensee or permittee has conducted the business under the licence or BYO permit, or allowed it to be conducted, in a manner that detracts from or is detrimental to the amenity of the area in which the licensed premises are situated; (p) that a licensee or permittee has contravened the terms of a closure and evacuation notice; (q) that the licensee or permittee is otherwise not a suitable person to hold a licence or BYO permit; variation, in relation to a licence or BYO permit, means any of the following— (a) a variation of the times outside ordinary trading hours at which the licence or permit authorises the supply of liquor; (b) a variation of the size or perimeter of the licensed premises; (c) a variation of a condition of the licence or permit (other than a condition imposed by this Act); (d) the imposition of a new condition on the licence or permit; (e) the removal of a condition of the licence or permit (other than a condition imposed by this Act); s. 56 -- 55 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 48 Authorised by the Chief Parliamentary Counsel (f) a variation of the category of the licence— (i) from a late night (general) licence to a general licence; or (ii) from a late night (on-premises) licence to an on-premises licence; or (iii) from a late night (packaged liquor) licence to a packaged liquor licence. (2) A reference in paragraphs (h) and (i) of the definition of grounds for disciplinary action in subsection (1) to the maximum term of imprisonment for an offence, in the case of an indictable offence that may be heard and determined summarily under section 28(1) of the Criminal Procedure Act 2009, is a reference to the maximum term of imprisonment for the offence if it were not dealt with summarily. 91 Inquiry into whether there are grounds to take disciplinary action (1) The Commission may conduct an inquiry into whether there are grounds to take disciplinary action against a licensee or permittee— (a) on its own initiative; or (b) at the written request of— (i) the Chief Commissioner of Police; or (ii) a licensing inspector; or s. 56 -- 56 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 49 Authorised by the Chief Parliamentary Counsel (iii) or the Council in whose municipal district the licensed premises are situated. (2) A request made under subsection (1)(b) must set out the reasons for the request. 92 Licensee or permittee to be given notice of any inquiry under this Division (1) If the Commission proposes to conduct an inquiry into whether there are grounds to take disciplinary action against a licensee or permittee under section 91, the Commission must give written notice to the licensee or permittee. (2) A notice under subsection (1) must— (a) state that the Commission proposes to inquire into whether there are grounds to take disciplinary action against the licensee or permittee; and (b) specify the grounds the Commission proposes to consider; and (c) specify— (i) the date and time of the inquiry; and (ii) the venue at which the inquiry will be conducted; and (d) invite the licensee or permittee to make a written or oral submission to the Commission; and (e) specify that a licensee or permittee may— (i) be represented by another person at the inquiry and that the representative may make a s. 56 -- 57 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 50 Authorised by the Chief Parliamentary Counsel submission on behalf of the licensee or permittee; or (ii) send another person to represent the licensee or permittee at the inquiry and that the representative may make a submission on behalf of the licensee or permittee; and (f) specify that the Commission may make a determination under section 93 following the inquiry whether or not the licensee or permittee (or a person representing the licensee or permittee) has made a submission to the Commission. (3) The Commission must consider any submissions made by a licensee or permittee or on the behalf of the licensee or permitee in accordance with this section. 92A Other interested persons to be given notice of any inquiry under this Division (1) In addition to serving a notice on the licensee or permittee under section 92, if the Commission proposes to conduct an inquiry into whether there are grounds to take disciplinary action against the licensee or permittee, the Commission must— (a) give written notice to the following interested persons— (i) a person who has applied to have the person's name endorsed on the licence or BYO permit of the licensee or permittee under Part 4; s. 56 -- 58 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 51 Authorised by the Chief Parliamentary Counsel (ii) a person who may be the subject of a determination of the Commission under section 93D if the Commission has contact details for that person; and (b) publish notice of the inquiry— (i) in a newspaper circulating generally throughout Victoria; (ii) on the Commission's Internet site. (2) A notice under subsection (1)(a) must— (a) state that the Commission proposes to inquire into whether there are grounds to take disciplinary action against the licensee or permittee; and (b) specify the grounds the Commission proposes to consider; and (c) specify— (i) the date and time of the inquiry; (ii) the venue at which the inquiry will be conducted; and (d) invite the interested person to make a submission to the Commission; and (e) specify that the interested person may— (i) be represented by another person at the inquiry and that the representative may make a submission on behalf of the interested person; or s. 56 -- 59 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 52 Authorised by the Chief Parliamentary Counsel (ii) send another person to represent the interested person at the inquiry and that the representative may make a submission on behalf of the interested person; and (f) specify that the Commission may make a determination under section 93 following the inquiry whether or not the interested person (or a person representing the interested person) has made a submission to the Commission. (3) A notice under subsection (1)(b) must specify details of the inquiry and— (a) invite persons whose commercial or financial interests may be detrimentally affected by the inquiry to make a submission to the Commission; and (b) if the Commission does not have contact details for an interested person referred to in subsection (1)(a)(ii), invite that person to make a submission. (4) The Commission must consider any submissions made by a person or on behalf of a person invited to make submissions in accordance with this section. 93 Commission's determination following inquiry into existence of grounds for disciplinary action (1) After the Commission has conducted an inquiry into whether grounds for disciplinary action against a licensee or permittee exist, the Commission— (a) must make a determination based on that inquiry; and s. 56 -- 60 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 53 Authorised by the Chief Parliamentary Counsel (b) if the outcome of that inquiry is that the Commission considers that there are grounds for taking disciplinary action— may, subject to section 93A(2), take disciplinary action against the licensee or permittee as the Commission sees fit. (2) The Commission must— (a) as soon as practicable after making the determination, give written notice of the determination to— (i) the licensee or permittee; and (ii) any person who made a request under section 91(1)(b); and (iii) any person given notice under section 92A; and (b) give a statement of reasons for the determination to the licensee or permittee— (i) at the same time as the written notice of the determination; or (ii) as soon as practicable after the determination is made. (3) A written notice given by the Commission under subsection (2)(a)(i) may be given in the form of a letter of censure under section 93C. (4) A failure by the Commission to comply with this section does not affect the validity of the Commission's determination. s. 56 -- 61 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 54 Authorised by the Chief Parliamentary Counsel 93A Disciplinary action that is a cancellation, suspension or variation of licence or permit (1) If the disciplinary action taken is the cancellation, suspension or variation of the licensee's licence or permittee's BYO permit, the disciplinary action takes effect when the notice under section 93(2) is served or at a later time specified in the notice. (2) If the Commission finds that a ground for displinary action against the licensee or permittee is that the licensee or permittee has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more, the Commission must— (a) cancel the licence or permit; or (b) suspend the licence or permit for the period specified by the Commission; or (c) endorse the licence or permit under section 93E. (3) The Commission may take other disciplinary action against a licensee or permittee in respect of whom grounds for disciplinary action have been established in addition to the disciplinary action specified in subsection (2) if the Commission sees fit. 93B Disciplinary action that is a fine If the disciplinary action is the imposition of a fine, the fine may be recovered by the Minister as a debt due to the State in a court of competent jurisdiction. s. 56 -- 62 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 55 Authorised by the Chief Parliamentary Counsel 93C Disciplinary action that is a letter of censure (1) Disciplinary action taken by the Commission in the form of a letter of censure— (a) must specify the grounds for disciplinary action the Commission has determined exist; and (b) may— (i) censure the licensee or permittee in respect of any matter connected with the operation of the licensed premises; (ii) include a direction to the licensee or permittee to rectify within a specified time any matter giving rise to the censure. (2) If a letter of censure includes a direction to the licensee or permittee to rectify within a specified time any matter giving rise to the censure, the letter must also specify that if the direction given to the licensee or permittee is not complied with by the licensee or permittee, in the time specified in the letter, it may result in further disciplinary action being taken against the licensee or permittee. (3) If a direction given in a letter of censure is not complied with within the time specified in the letter, the Commission, by giving written notice to the licensee or permittee, may take further disciplinary action against the licensee or permittee for failure to comply with the direction. (4) Disciplinary action taken under subsection (3) must not be in the form of another letter of censure. s. 56 -- 63 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 56 Authorised by the Chief Parliamentary Counsel 93D Disqualification (1) If the Commission finds that a ground for taking disciplinary action exists under section 90, the Commission may also determine that the licensee or permittee or a related person be disqualified— (a) from holding a licence or BYO permit; (b) from being a director in any body corporate that holds a licence or BYO permit; (c) from being a partner in any partnership that holds a licence or BYO permit; (d) from having a beneficial interest (whether directly or indirectly) in the shares of any body corporate that holds a licence or BYO permit; (e) from in any way (whether directly or indirectly) taking part in, or being concerned in, the management of any licensed premises or any body corporate that holds a licence or BYO permit or any licensed club; (f) from being employed by any licensed club or any person that holds a licence or BYO permit. (2) The Commission may disqualify a person in all or any of the ways listed in subsection (1) and may make a determination under this section even though it does not take any disciplinary action under section 93. (3) The Commission must specify the period for which the disqualification is to apply. (4) The Commission must give, as soon as practicable after a determination has been made under this section— s. 56 -- 64 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 57 Authorised by the Chief Parliamentary Counsel (a) written notice of the determination to persons served notice of the inquiry under section 92 or 92A; and (b) a statement of reasons for the determination to the persons specified in paragraph (a). (5) In this section, related person, in relation to a licensee or permittee, means— (a) any director or nominee of the licensee or permittee (if it is a body corporate); or (b) any member the committee of management or nominee of the licensee or permittee (if it is a club); or (c) any person who, whether directly or indirectly, is concerned in or takes part in the management of licensed premises or club of the licensee or permittee. 93E Endorsement of licence or permit by Commission (1) The Commission may endorse the name of the owner or a mortgagee of the licensed premises or their agent on the licence or BYO permit if the Commission is satisfied— (a) that a ground for disciplinary action under section 90 exists; and (b) the owner or mortgagee is in possession, or has the legal right to possession, of the licensed premises; and (c) the owner, mortgagee or agent (as the case may be) is a suitable person to carry on business under the licence or BYO permit. s. 56 -- 65 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 58 Authorised by the Chief Parliamentary Counsel (2) The Commission may endorse a licence or permit under this section on its own initiative or at the request of the owner or mortgagee. (3) The Commission must give, as soon as practicable after a determination has been made under this section— (a) written notice of the determination to persons served notice of the inquiry under section 92 or 92A; and (b) a statement of reasons for the determination to the persons specified in paragraph (a).". 57 Sections 94 and 95 substituted For sections 94 and 95 of the Liquor Control Reform Act 1998 substitute— "94 Inquiry into amenity or disuse (1) The Commission may inquire into— (a) whether the continuation of a licence or BYO permit would detract from or be detrimental to the amenity of the area in which the licensed premises are situated; or (b) circumstances where, during a continuous period of 12 months, a licence or BYO permit has not been used. (2) The Commission may conduct an inquiry under subsection (1)— (a) on its own initiative; or (b) at the written request of— (i) the Chief Commissioner; or (ii) a licensing inspector; or s. 57 -- 66 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 59 Authorised by the Chief Parliamentary Counsel (iii) the Council of the municipal district in which the licensed premises are situated. (3) A request made to the Commission under subsection (2)(b) must state the reasons for the request. 94A Commission must give notice of proposal to conduct inquiry under section 94 (1) If the Commission proposes to conduct an inquiry under section 94, the Commission must give written notice to the licensee or permittee. (2) A notice under subsection (1) must— (a) state that the Commission proposes to inquire into (as appropriate)— (i) whether the continuation of the licensee's licence or permittee's BYO permit would detract from or be detrimental to the amenity of the area in which the licensed premises are situated; or (ii) circumstances where, during a continuous period of 12 months, the licensee's licence or permittee's BYO permit has not been used; and (b) specify— (i) the date and time of the inquiry; and (ii) the venue at which the inquiry will be conducted; and (c) invite the licensee or permittee to make a submission to the Commission; and s. 57 -- 67 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 60 Authorised by the Chief Parliamentary Counsel (d) specify that the licensee or permittee may— (i) be represented by another person at the inquiry and that the representative may make a submission on behalf of the licensee or permittee; or (ii) send another person to represent the licensee or permittee at the inquiry and that the representative may make a submission on behalf of the licensee or permittee; and (e) specify that the Commission may cancel, suspend or vary the licence or BYO permit or make any other direction the Commission thinks fit, in accordance with section 95(3), whether or not the licensee or permittee, or a representative of the licensee or permittee, makes a submission in accordance with this section. 94B Other interested persons to be given notice of proposal to conduct inquiry under section 94 (1) In addition to giving notice to the licensee or permittee under section 94A, if the Commission proposes to conduct an inquiry under section 94, the Commission must give written notice to any interested person— (a) who has applied to have the person's name endorsed on the licence or BYO permit of the licensee or permittee under Part 4; s. 57 -- 68 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 61 Authorised by the Chief Parliamentary Counsel (b) who may apply to have the person's name endorsed on the licence or BYO permit of the licensee or permittee under Part 4 if the contact details of that person are known to the Commission. (2) A notice under subsection (1) must— (a) state that the Commission proposes to inquire into (as appropriate)— (i) whether the continuation of the licensee's licence or permittee's BYO permit would detract from or be detrimental to the amenity of the area in which the licensed premises are situated; or (ii) circumstances where, during a continuous period of 12 months, the licensee's licence or permittee's BYO permit has not been used; and (b) specify— (i) the date and time of the inquiry; and (ii) the venue at which the inquiry will be conducted; and (c) invite the interested person to make a submission to the Commission; and (d) specify that the interested person may— (i) be represented by another person at the inquiry and that the representative may make a submission on behalf of the interested person; or s. 57 -- 69 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 62 Authorised by the Chief Parliamentary Counsel (ii) send another person to represent the interested person at the inquiry and that the representative may make a submission on behalf of the interested person; and (f) specify that the Commission may cancel, suspend or vary the licence or BYO permit or make any other direction the Commission thinks fit, in accordance with section 95(3), whether or not the interested person, or a representative of the interested person, makes a submission in accordance with this section. (3) If the Commission knows of an interested person who may apply to have the person's name endorsed on the licence or BYO permit of the licensee or permittee under section 93E but the contact details of that person are unknown to the Commission, the Commission must publish notice of the inquiry— (a) in a newspaper circulating generally throughout Victoria; and (b) on the Commission's Internet site. (4) A notice under subsection (3) must— (a) specify details of the inquiry and invite any interested person who may apply to have the person's name endorsed on the licence or BYO permit of the licensee or permittee under Part 4 to make a submission to the Commission; and (b) specify any prescribed details. s. 57 -- 70 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 63 Authorised by the Chief Parliamentary Counsel 95 Cancellation, suspension or variation of licence or BYO permit by Commission (1) Subject to subsection (2), the Commission may make a determination under subsection (3) if satisfied, after conducting an inquiry under section 94, that— (a) the continuation of a licence or BYO permit would detract from or be detrimental to the amenity of the area in which the licensed premises are situated; or (b) for a continuous period of 12 months, a licence or BYO permit has not been used. (2) Before making a determination under subsection (3), the Commission must consider any submissions made by a licensee or permittee or interested person referred to in section 94B. (3) The Commission may do one of, or a combination of, the following— (a) cancel the licence or BYO permit; (b) suspend the licence or permit for the period specified by the Commission; (c) make a variation (within the meaning of Division 1) to the licence or permit; (d) make any other direction the Commission thinks fit. (4) The Commission must give a statement of reasons for a determination made under this section to the licensee or permittee and any interested person given notice of the inquiry under section 94B.". s. 57 -- 71 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 64 Authorised by the Chief Parliamentary Counsel 58 Section 96B substituted For section 96B of the Liquor Control Reform Act 1998 substitute— "96B Suspension by Commission (1) The Commission, by notice in writing given to a licensee, may suspend the licensee's licence for a period not exceeding 5 days, if the Commission believes on reasonable grounds that— (a) the licensee has engaged in conduct that would constitute grounds for disciplinary action (within the meaning of section 90); and (b) there is a danger that a person may suffer harm, loss or damage as a result of the licensee's conduct unless the licence is suspended. (2) The Commission cannot suspend a licence under subsection (1) unless the Commission— (a) has served a notice in writing on the licensee, at least 48 hours before suspending the licence— (i) specifying the conduct which the licensee is believed to have engaged in and the grounds for the Commission's belief; and (ii) stating the time period within which the licensee must respond to the notice (being not less than 48 hours after service of the notice); and s. 58 -- 72 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 65 Authorised by the Chief Parliamentary Counsel (iii) stating that the Commission intends to suspend the licence, for a specified period, unless the Commission is satisfied with the licensee's response; and (b) has considered any response made by the licensee within the time period specified under paragraph (a)(ii). (3) The suspension of a licence under this section— (a) takes effect when notice of it is given to the licensee under subsection (1) or at the later time specified in that notice; and (b) ceases to have effect at the time specified in that notice. (4) A licence may be suspended under this section whether or not— (a) the Commission has commenced an inquiry under section 91 into whether there are grounds for disciplinary action; or (b) the Commission has invited the licensee to make a submission; or (c) the Commission has commenced an inquiry under section 94; or (d) a breach notice has been served on the licensee under section 97A. (5) No compensation is payable in respect of any loss or damage resulting from or arising out of the suspension of a licence in accordance with this section. s. 58 -- 73 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 66 Authorised by the Chief Parliamentary Counsel 96C Evidentiary matters In conducting an inquiry under Division 1 or this Division, the Commission may rely on information, material or evidence that— (a) the Commission has previously relied on in an earlier inquiry conducted under Division 1 or this Division; (b) VCAT relied on in an earlier inquiry or proceeding under Division 1 or this Division as in force immediately before the commencement of section 58 of the Victorian Commission for Gambling and Liquor Regulation Act 2011.". 59 Service of breach notice (1) In section 97A(1) of the Liquor Control Reform Act 1998— (a) for "Director" (wherever occurring) substitute "Commission"; (b) for "90" substitute "91". (2) For section 97A(2) of the Liquor Control Reform Act 1998 substitute— "(2) A breach notice may be served on a licensee whether or not— (a) the Commission has conducted an inquiry under section 91 or 94 of its own motion or at the request of— (i) the Chief Commissioner of Police; or (ii) a licensing inspector; or (iii) the Council in which the licensed premises are situated; s. 59 -- 74 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 67 Authorised by the Chief Parliamentary Counsel (b) the licensee's licence has been suspended under section 96B(1) or a notice has been served on the licensee under section 96B(2).". (3) In section 97A(3)(a) of the Liquor Control Reform Act 1998, for "Director's" substitute "Commission's". 60 Procuring transfer by fraud For section 117(2), (3) and (4) of the Liquor Control Reform Act 1998 substitute— "(2) If a person is found guilty of an offence under subsection (1), the principal registrar of the Magistrates' Court must notify, in writing, the Commission of that finding of guilt as soon as practicable after that finding. (3) The Commission, the Chief Commissioner of Police or a gambling and liquor inspector may apply to the Magistrates' Court for a declaration that the transfer is void. (4) On application under subsection (3), the Magistrates' Court may— (a) declare the transfer void; and (b) if it does so, make an order that the person found guilty under subsection (1) be disqualified from holding a licence or BYO permit for a period not exceeding 3 years.". s. 60 -- 75 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 68 Authorised by the Chief Parliamentary Counsel 61 New Division 3B of Part 8 inserted After Division 3A of Part 8 of the Liquor Control Reform Act 1998 insert— "Division 3B—Injunctive relief 133H Injunctions to restrain conduct (1) The Commission may apply to the Supreme Court, County Court or Magistrates' Court for the grant of an injunction restraining a person from engaging in conduct that constitutes— (a) a contravention of any provision of this Act; or (b) attempting or conspiring to contravene such a provision; or (c) aiding, abetting, counselling or procuring a person to contravene such a provision; or (d) inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene such a provision; or (e) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision. (2) The Court may grant an injunction restraining a person from engaging in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1)— (a) if the Court is satisfied that the person is engaging in or has been engaging in conduct of that kind, whether or not it appears to the Court that the person s. 61 -- 76 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 69 Authorised by the Chief Parliamentary Counsel intends to engage again or continue to engage in the conduct; or (b) if it appears to the Court that, in the event that the injunction is not granted, it is likely that the person will engage in conduct of that kind, whether or not that person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind; or (c) if the Court determines it to be appropriate, by consent of all the parties to the proceedings, whether or not the person has engaged in, or is likely to engage in conduct of that kind. (3) An application for an injunction under this section may be made ex parte. 133I Injunctions to do an act or thing (1) The Supreme Court, County Court or Magistrates' Court, on the application of the Commission, may grant an injunction requiring a person to do any act or thing if the Court is satisfied that the person is engaging in or has been engaging in conduct that constitutes— (a) a contravention of any provision of this Act; or (b) attempting or conspiring to contravene such a provision; or (c) aiding, abetting, counselling or procuring a person to contravene such a provision; or s. 61 -- 77 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 70 Authorised by the Chief Parliamentary Counsel (d) inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene such a provision; or (e) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision. (2) The power of the Court under this section to grant an injunction requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first person refuses or fails to do that act or thing. (3) Without limiting subsection (1), an injunction under this section may require a person— (a) to institute a training program for the person's employees in relation to compliance with this Act; (b) to disclose information about the person's business activities or associates; (c) to destroy or dispose of goods used for the purpose of a contravention of this Act; s. 61 -- 78 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 71 Authorised by the Chief Parliamentary Counsel (d) to pay money into a fund established to minimise, or promote the minimisation of, harm arising from the misuse or abuse of alcohol; (e) to publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the injunction. (4) An application for an injunction under this section may be made ex parte. 133J Interim injunctions (1) The Supreme Court, County Court or Magistrates' Court may grant an interim injunction pending determination of an application under section 133H, if, in the opinion of the Court it is desirable to do so— (a) whether or not it appears to the Court that the person intends to engage in or continue to engage in conduct of the kind referred to in paragraphs (a) to (e) of section 133H(1); or (b) whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind. (2) The Court may grant an interim injunction pending determination of an application under section 133I in relation to an act or thing, if, in the opinion of the Court it is desirable to do so— s. 61 -- 79 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 72 Authorised by the Chief Parliamentary Counsel (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first person refuses or fails to do that act or thing. (3) An application for an injunction under this section may be made ex parte. 133K Power to rescind or vary injunctions The Supreme Court, County Court or Magistrates' Court may rescind or vary an injunction granted by it under section 133H or 133I or an interim injunction granted by it under section 133J. 133L Undertakings as to damages and costs In an application for an injunction under section 133H or 133I or if the application has been made by the Commission and if the Court has determined to grant an interim injunction, the Court must not, as a condition of granting the interim injunction, require the applicant or any other person to give any undertaking as to damages or costs.". s. 61 -- 80 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 73 Authorised by the Chief Parliamentary Counsel 62 New Divisions 1 and 2 of Part 9 substituted and Division 3 of Part 9 repealed For Division 1, 2 and 3 of Part 9 of the Liquor Control Reform Act 1998 substitute— "Division 1—Statements of reasons 149 Request for statement of reasons for decision (1) An eligible person in relation to a reviewable decision under Division 2 whose interests are affected by a decision of the Commission under this Act may request the Commission to give the person a written statement of reasons for the decision if— (a) the Commission has not been required to give reasons to that person under this Act; and (b) the Commission has not done so. (2) A request under subsection (1) must be made in writing within 28 days after the day on which the decision first came to the person's notice. 150 Content of statement of reasons and by when they must be given (1) The Commission must give a written statement of reasons within 28 days after receiving a request under section 149. (2) The statement of reasons must set out— (a) the reasons for the decision; and (b) the findings on material questions of fact that led to the decision, referring to the evidence or other information or material on which those findings were based. s. 62 -- 81 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 74 Authorised by the Chief Parliamentary Counsel (3) A statement of reasons need not be given under this section if the Commission has already given a written statement containing the matters referred to in subsection (2) (whether as part of the decision or separately). (4) The Commission may, in its discretion, exclude personal and confidential information from the statement of reasons if the Commission considers it appropriate in the circumstances. Division 2—Internal review 151 Definitions In this Division— applicable decision maker means— (a) a single commissioner performing a function or duty or exercising a power under this Act; or (b) a single commissioner performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission; or (c) an employee of the Commission performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission; Commission on review means the Commission constituted by 3 or more commissioners for the purposes of this Division. s. 62 -- 82 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 75 Authorised by the Chief Parliamentary Counsel 152 Reviewable decisions The following table sets out— (a) decisions (however described) made under this Act by an applicable decision maker that are reviewable in accordance with this Division (reviewable decisions); and (b) who is eligible to apply for a review of a reviewable decision (the eligible person in relation to the reviewable decision). Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 1 Division 6 of Part 2 An applicant under section 27 for the grant of a licence or BYO permit or an entity that objects under Division 5 of Part 2 to the grant of the licence or BYO permit 2 Division 6 of Part 2 An applicant under section 29 for the variation of a licence or BYO permit or an entity that objects under Division 5 of Part 2 to the variation of the licence or BYO permit 3 Division 6 of Part 2 An applicant under section 31 for the relocation of a licence or BYO permit or an entity that objects under Division 5 of Part 2 to the relocation of the licence or BYO permit s. 62 -- 83 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 76 Authorised by the Chief Parliamentary Counsel Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 4 Division 6 of Part 2 An applicant under section 32 for the transfer of a licence or BYO permit or a licensing inspector who objects under section 41 to the transfer of the licence or BYO permit 5 Section 49 An applicant under section 27 granted a licence or BYO permit subject to conditions An applicant under section 29 granted a variation of a licence or BYO permit subject to conditions An applicant under section 31 granted a relocation of a licence or BYO permit subject to conditions An applicant under section 32 granted a transfer of a licence or BYO permit subject to conditions 6 Section 54(6) A licensee or permittee that applies for the approval of a person as a nominee of the licensee or permittee or the Chief Commissioner if the Commissioner objects under section 54(4) to the approval of the s. 62 -- 84 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 77 Authorised by the Chief Parliamentary Counsel Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision person as nominee of the licensee or permittee 7 Section 58 A licensee or permittee 8 Section 58B The licensee of the licensed premises to which the late hour entry declaration applies 9 Section 58D The licensee of the licensed premises to which the late hour entry declaration applies 10 Section 62(6) An owner of licensed premises A mortgagee of licensed premises A person prejudicially affected by the failure of a licensee or permittee to renew the licence or BYO permit as provided under section 62(1) The Chief Commissioner if the Commissioner objects under section 62(4) to an application under section 62(1) 11 Section 63(4) A licensee or permittee who applies for the surrender of a licence or BYO permit or a person who objects under section 63(3) s. 62 -- 85 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 78 Authorised by the Chief Parliamentary Counsel Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 12 Section 64(2) A licensee or permittee 13 Section 84 A person referred to in section 80(1)(a) to (d) who has applied to have their name or address endorsed on a licence or BYO permit or the Chief Commissioner if the Chief Commissioner objects, under section 83(1) to the grant of the application 14 Section 84 An owner or mortgagee of licensed premises referred to in section 81 15 Section 97B(1) A licensee whose licence has been varied or suspended 16 Section 99C(2) or (4) A licensee who has applied for an exemption A licensee to whom an exemption has been granted subject to conditions 17 Section 104(5) A licensee or permittee that applies for approval of a person to be a director of the licensee or permittee or the Chief Commissioner if the Commissioner objects under section 104(3) to the approval of the person as a director of the licensee or permittee s. 62 -- 86 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 79 Authorised by the Chief Parliamentary Counsel Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 18 Section 105(3) A licensee or permittee who has requested the consent of the Commission to sub-let any part of licensed premises or assign the right to supply liquor 19 Section 106(3) A licensee or permittee whose request for consent has been refused or who has been given consent subject to conditions 20 Section 108AG(2) or (4) A licensee who has applied for an exemption A licensee to whom an exemption has been granted subject to conditions 21 Section 115A(1) A licensee to whom a notice is given 22 Section 120(2)(a)(i) or (e) A licensee 23 Section 148ZD A licensee 24 Section 174 A person who requests the Commission to extend the time for making an objection under the Act or to accept an objection made after the time under the Act for making that objection has expired s. 62 -- 87 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 80 Authorised by the Chief Parliamentary Counsel 153 Applications for internal review (1) An eligible person in relation to a reviewable decision may apply to the Commission for review of the decision. (2) An application must— (a) be made within the later of— (i) 28 days after the day on which the decision first came to the eligible person's notice; or (ii) 28 days after the eligible person received a statement of reasons for the decision; or (iii) such longer period as the Commission allows; and (b) be in the form approved (in writing) by the Commission. (3) The Commission must not allow a longer period under subsection (2)(a)(iii) unless the Commission is satisfied that exceptional circumstances exist for that longer period. 154 Notification of certain persons of application for internal review (1) Following receipt of an application under section 153, the Commission must notify every person who provided the original decision maker information or material, or gave evidence, to the original decision maker for the purposes of the eligible decision of that receipt. s. 62 -- 88 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 81 Authorised by the Chief Parliamentary Counsel (2) A notification under subsection (1) must be in writing and specify that— (a) an application for internal review of the eligible decision has been made; and (b) the Commission on review, in making its fresh decision under this Division— (i) will not be limited to the information or material provided or evidence given to the original decision maker; and (ii) may request further information or material from the person or may require the person to give evidence before the Commission. 155 Commission on review must not include commissioner who made the reviewable decision The Commission on review must not include a commissioner who made the reviewable decision that is the subject of the application under section 153. 156 Commission on review must include Chairperson or a Deputy Chairperson The Commission on review must include at least the Chairperson or a Deputy Chairperson. 157 Decisions on internal review (1) Following receipt of an application under section 153, the Commission on review must make a fresh decision— (a) that affirms or varies the reviewable decision; or s. 62 -- 89 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 82 Authorised by the Chief Parliamentary Counsel (b) that sets aside the reviewable decision and substitutes another decision that the Commission on review considers appropriate. Note See section 25(3) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 as to how the Commission may go about making a fresh decision. (2) Without limiting subsection (1), the Commission on review must consider all the information, material and evidence before the original decision maker. (3) In addition, without limiting subsection (1), the Commission on review— (a) may request persons it has notified under section 154 to provide it with further information and material or require them to give further evidence for the purpose of making its decision; and (b) may, consider that information, material or evidence as part of making its decision. (4) The Commission must, as soon as practicable after a decision is made under subsection (1), give a written notice to the applicant setting out— (a) the reasons for the decision of the Commission on review under subsection (1); and (b) the findings on material questions of fact that led to the decision, referring to the evidence or other information or material on which those findings were based. s. 62 -- 90 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 83 Authorised by the Chief Parliamentary Counsel (5) The Commission on review may, in its discretion, exclude personal and confidential information from the reasons for the decision if the Commission considers it appropriate in the circumstances. 158 Review of reviewable decisions relating to refusals to grant licence or BYO permit (1) This section applies if the reviewable decision that is the subject of an application under section 153 is a decision that refuses the grant of a liquor licence or BYO permit. (2) Without limiting section 157, the Commission on review, as part of making its decision on the application, may— (a) grant the licence or BYO permit subject to conditions; (b) in the case of a refusal for the grant of a liquor licence, grant another licence instead. 159 Review of reviewable decisions relating to late hour entry declarations (1) This section applies if the reviewable decision that is the subject of an application under section 153 is a decision making or varying a late hour entry declaration. (2) Without limiting section 157, the Commission on review may— (a) in relation to an application for review of the reviewable decision to make a late hour entry declaration, decide that, in relation to the applicant's licensed premises, the declaration— s. 62 -- 91 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 84 Authorised by the Chief Parliamentary Counsel (i) continues to apply; or (ii) continues to apply subject to any variation (including any conditions) that the Commission on review thinks fit; or (iii) does not continue to apply; (b) in relation to an application for review of the decision to vary a late hour entry declaration, decide that the declaration continues to apply to the applicant's licensed premises— (i) as varied; or (ii) as in force before the variation; or (iii) subject to any other variation (including any conditions) that the Commission on review thinks fit. 160 Applications for internal review do not affect operation of reviewable decisions (1) An application under section 153 does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Commission stays the operation of the decision pending the determination of the review— (a) on its own initiative; or (b) on the application of the applicant for internal review. (2) An application for a stay of the operation of the decision must set out reasons for the application. (3) The Commission must make a decision on an application for a stay within 10 days after the application is made. s. 62 -- 92 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 85 Authorised by the Chief Parliamentary Counsel (4) If the Commission has not made a decision in accordance with subsection (3), the Commission is taken to have made a decision to grant a stay of the operation of the reviewable decision until the Commission on review makes its decision under section 157. (5) The Commission may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate. (6) This section does not apply in relation to a reviewable decision made under section 148ZD.". 63 New Division 5 of Part 9 substituted For Division 5 of Part 9 of the Liquor Control Reform Act 1998 substitute— "Division 5—Appeals on questions of law 172A Appeal to Supreme Court (1) A person whose interests are affected by a decision of the Commission under this Act may appeal to the Supreme Court, on a question of law, from a decision of the Commission. (2) An appeal must be instituted— (a) within 28 days after the decision of the Commission; and (b) in accordance with the rules of the Supreme Court. (3) The institution of an appeal under this section does not stay the operation of the decision of the Commission that is the subject of the appeal unless the Supreme Court otherwise orders.". s. 63 -- 93 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 86 Authorised by the Chief Parliamentary Counsel 64 New Schedule 4 inserted (1) At the end of section 182 of the Liquor Control Reform Act 1998 insert— "(2) Schedule 4 has effect.". (2) After Schedule 3 to the Liquor Control Reform Act 1998 insert— "SCHEDULE 4 TRANSITIONAL PROVISIONS—VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 1 Definitions In this Schedule— commencement day means the day on which section 64 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation; Director means the Director of Liquor Licensing appointed under section 149 as in force immediately before the commencement day; LCRA licence or permit means— (a) a general licence; (b) an on-premises licence; (c) a restaurant and cafe licence; (d) a club licence; (e) a packaged liquor licence; (f) a late night licence; (g) a pre-retail licence; s. 64 -- 94 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 87 Authorised by the Chief Parliamentary Counsel (h) a vigneron's licence; (i) a limited licence; (j) a major event licence; (k) a BYO permit; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; Panel means a Liquor Licensing Panel established under section 157 as in force immediately before the commencement day and in existence before that day; pending contested application means an application made before the commencement day for a LCRA licence or permit in respect of which the Director has not made a decision to grant or refuse to grant the licence or permit before that day; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; s. 64 -- 95 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 88 Authorised by the Chief Parliamentary Counsel Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998. 2 General savings provisions (1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) This Schedule applies despite anything to the contrary in any other provision in this Act. 3 Savings and transitional regulations (1) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the amendment of this Act by the Victorian Commission for Gambling and Liquor Regulation Act 2011. (2) A provision of regulations under this clause may be retrospective in operation to the commencement day or a day after the commencement day. (3) Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument. (4) This clause is repealed on 31 January 2013. 4 Office of Director abolished On the commencement day— (a) the office of Director is abolished and the person holding the office goes out of office; (b) the Panel is abolished and its members go out of office; s. 64 -- 96 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 89 Authorised by the Chief Parliamentary Counsel (c) all rights, property and assets that, immediately before that day, were vested in the office of Director are, by force of this subclause, vested in the new Commission; (d) all debts, liabilities and obligations of the Director existing immediately before that day become, by force of this subclause, debts, liabilities and obligations of the new Commission; (e) the new Commission is, by force of this subclause, substituted as a party to any proceeding pending in any court or tribunal to which the Director was a party immediately before that day; (f) the new Commission is, by force of this subclause, substituted as a party to any arrangement or contract entered into by or on behalf of the Director as a party and in force immediately before that day. 5 References On the commencement day any reference to the Director in any Act (other than this Act or the Victorian Commission for Gambling and Liquor Regulation Act 2011) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject- matter, be construed as a reference to the new Commission. s. 64 -- 97 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 90 Authorised by the Chief Parliamentary Counsel 6 Pending uncontested applications (1) This clause applies to an application for, or variation of, a LCRA licence or permit made before the commencement day— (a) that is not a contested application; and (b) in respect of which the Director has not made a decision before that day. (2) On and after the commencement day, the new Commission may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the new Commission. (3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. 7 Own motion variations of Director (1) This clause applies if, before the commencement day— (a) the Director proposes to vary a LCRA licence or permit on his or her own initiative; and (b) written notice of the proposed variation has been given to the licensee or permittee. (2) On and after the commencement day, the new Commission— (a) must, if the licensee or permittee gives any notice of objection to the proposed variation before or after the commencement day, consider any written or oral submissions made in respect of that objection; and s. 64 -- 98 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 91 Authorised by the Chief Parliamentary Counsel (b) may vary the LCRA licence or permit, and for that purpose, anything done before that day by the Director for the purpose of making the variation is taken to have been done by the new Commission. (3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. 8 Pending contested applications referred to Panel in respect of which consideration has not been given (1) This clause applies if— (a) before the commencement day, a contested application has been referred by the Director to the Panel; and (b) the Panel has not yet considered the application or given the applicant and each objector an opportunity to be heard. (2) On and after the commencement day the new Commission must determine the contested application. (3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. (4) Despite anything to the contrary in any Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), every document or other information held by the Director or the Panel immediately before the commencement day that is relevant to a pending contested application to which this clause applies is on that day taken to be a s. 64 -- 99 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 92 Authorised by the Chief Parliamentary Counsel document or information of the new Commission. 9 Pending contested application referred to Panel in respect of which there is no Panel report (1) This clause applies if— (a) before the commencement day, a contested application has been considered by the Panel; and (b) the applicant and each objector has been given an opportunity to be heard; and (c) the Panel has not given the Director its report in respect of the application under section 46(3). (2) On and after the commencement day, the new Commission— (a) may have regard to any record of the hearings conducted by the Panel; and (b) must determine the contested application. (3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. (4) Despite anything to the contrary in any Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), every document or other information held by the Panel immediately before the commencement day that is relevant to a pending contested application to which this clause applies is on that day taken to be a document or information of the new Commission. s. 64 -- 100 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 93 Authorised by the Chief Parliamentary Counsel 10 Contested applications in respect of which Panel has given Panel report (1) This clause applies if before the commencement day, the Panel has given the Director its report in respect of a contested application under section 46(3). (2) On and after the commencement day the new Commission must have regard to that report but otherwise determine the contested application. (3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. (4) Despite anything to the contrary in any Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), every document or other information held by the Panel immediately before the commencement day that is relevant to a pending contested application to which this clause applies is on that day taken to be a document or information of the new Commission. 11 Tribunal inquiries (1) This clause applies if an application has been made to the Tribunal to conduct an inquiry into a licensee or permittee under section 90 before the commencement day in respect of which the Tribunal has not made an order under that section. (2) On and after the commencement day, the Tribunal must conduct an inquiry in respect of an application to which this section applies under sections 90 to 93 as in force immediately before that day. s. 64 -- 101 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 94 Authorised by the Chief Parliamentary Counsel (3) If, after conducting an inquiry specified under subsection (2), the Tribunal orders the suspension of a LCRA licence or permit under section 91 as in force immediately before the commencement day, that suspension (including the period specified for that suspension by the Tribunal) is, on and after the date of the order, taken to be a suspension imposed by the new Commission under Division 1 of Part 6. (4) If, after conducting an inquiry specified under subsection (2), the Tribunal orders the imposition of a fine under this Act as in force immediately before the commencement day, that fine is taken, on and after the date of the order, to be a fine imposed by the new Commission under Division 1 of Part 6. (5) If, after conducting an inquiry specified under subsection (2), the Tribunal orders the variation of a LCRA licence or permit under section 91(2) as in force immediately before the commencement day, that variation is taken, on and after the date of the order, to be a variation imposed by the new Commission under Division 1 of Part 6. (6) If, after conducting an inquiry specified under subsection (2), the Tribunal orders that the licensee or permittee or any director or nominee of the licensee or permittee (if it is a body corporate) or any member of the committee of management or nominee of the licensee or permittee (if it is a club) or any person who, whether directly or indirectly, is concerned or takes part in the management of a licensed premises be disqualified from holding a permission specified in section 92(1)(a), (b), (c), (d), (e) or (f) as in force immediately before the commencement s. 64 -- 102 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 95 Authorised by the Chief Parliamentary Counsel day, that disqualification is taken, on and after the date of the order, to be a disqualification imposed by the new Commission under section 93D. (7) If, during or after an inquiry specified under subsection (2), the Tribunal orders the endorsement of the name of the owner or a mortgagee of a licensed premises or their agent on a LCRA licence or permit under section 93 as in force immediately before the commencement day, that endorsement is taken, on and after the date of the order, to be an endorsement of the new Commission under section 93E. 12 Documents or information of Director Despite anything to the contrary in any Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), every document or other information held by the Director or the Panel immediately before the commencement day that is relevant to the functions of the new Commission is, on that day, taken to be a document or information of the new Commission. 13 Notices A notice given, issued or served by the Director under this Act that is in force immediately before the commencement day is, on that day, taken to be a notice given, issued or served by the new Commission. s. 64 -- 103 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 96 Authorised by the Chief Parliamentary Counsel 14 Applications, approvals, decisions or other actions of Director (1) Subject to this Schedule, this section applies if immediately before the commencement day— (a) the Director has commenced to do something required or permitted to be done under this Act; and (b) the Director has not completed that thing before that day. (2) On and after the commencement day, the new Commission may continue to do and complete that thing as if the Act had not been amended by the Victorian Commission for Gambling and Liquor Regulation Act 2011. (3) Anything done by the Director before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission. (4) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. 15 Taxes No duty or other tax is chargeable under any Act in respect of anything done under this Schedule or in respect of any act or transaction connected with or necessary to be done by reason of this Schedule, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Director. s. 64 -- 104 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 97 Authorised by the Chief Parliamentary Counsel 16 Validity of things done under this Schedule Nothing effected or to be effected by this Schedule or done or suffered under this Schedule— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or s. 64 -- 105 of 152 -- Part 7—Amendment of Liquor Control Reform Act 1998 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 98 Authorised by the Chief Parliamentary Counsel (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation.". Division 2—Consequential repeals 65 Repeal of sections 45 and 46 Sections 45 and 46 of the Liquor Control Reform Act 1998 are repealed. 66 Repeal of Part 5 Part 5 of the Liquor Control Reform Act 1998 is repealed. 67 Cancellation or suspension by Tribunal Section 96 of the Liquor Control Reform Act 1998 is repealed. 68 Tribunal review of closure and evacuation notices Sections 148ZU to 148ZW of the Liquor Control Reform Act 1998 are repealed. __________________ s. 65 -- 106 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 99 Authorised by the Chief Parliamentary Counsel PART 8—AMENDMENT OF THE GAMBLING REGULATION ACT 2003 69 Purpose, objectives and outline (1) In section 1.1(1) of the Gambling Regulation Act 2003 omit "and to establish a Victorian Commission for Gambling Regulation". (2) For section 1.1(3)(j) of the Gambling Regulation Act 2003 substitute— "(j) confers functions and powers and imposes duties on the Victorian Commission for Gambling and Liquor Regulation to oversee gambling in Victoria;". 70 Definitions (1) In section 1.3(1) of the Gambling Regulation Act 2003— (a) in the definition of Commission, for "Victorian Commission for Gambling Regulation established by section 10.1.1" substitute "Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011"; (b) for the definition of inspector substitute— "inspector means a gambling and liquor inspector appointed under section 40 of the Victorian Commission for Gambling and Liquor Regulation Act 2011;"; s. 69 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, 74/2010 and 29/2011. LawToday: www. legislation. vic.gov.au -- 107 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 100 Authorised by the Chief Parliamentary Counsel (c) insert the following definitions— "entitlement holder means a venue operator that is the holder of a gaming machine entitlement; entitlement holder connected person means— (a) a person who has a prescribed interest referred to in paragraph (a) of the definition of prescribed connection; or (b) a person who has a prescribed right or power referred to in paragraph (b) of the definition of prescribed connection; or (c) a prescribed common person referred to in paragraph (c) of the definition of prescribed connection; or (d) a person who is in or has a prescribed relationship referred to in paragraph (d) or (e) of the definition of prescribed connection; or (e) a person who is a party to a prescribed agreement or arrangement referred to in paragraphs (f) or (g) of the definition of prescribed connection; gambling authorisation means a licence, permit or registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 issued or gaming machine entitlement allocated under this Act; s. 70 -- 108 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 101 Authorised by the Chief Parliamentary Counsel inquiry has the same meaning as in the Victorian Commission for Gambling and Liquor Regulation Act 2011; prescribed connection means— (a) a prescribed interest (legal or equitable) in or in relation to an entitlement holder; or (b) a prescribed right or power in relation to an entitlement holder; or (c) a prescribed common person employed or engaged by 2 or more entitlement holders; or (d) a prescribed relationship between prescribed persons employed or engaged by an entitlement holder or 2 more entitlement holders; or (e) a prescribed relationship between a person employed or engaged by an entitlement holder and another person; or (f) a prescribed agreement or arrangement between entitlement holders or an entitlement holder and another person; or (g) a prescribed agreement or arrangement between persons employed or engaged by an entitlement holder or 2 or more entitlement holders;". (2) In section 1.3(1) of the Gambling Regulation Act 2003, the definition of Executive Commissioner is repealed. s. 70 -- 109 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 102 Authorised by the Chief Parliamentary Counsel (3) In section 1.3(3) of the Gambling Regulation Act 2003, for "10.1.25" substitute "29 of the Victorian Commission for Gambling and Liquor Regulation Act 2011". 71 Definitions for purposes of Part 2A of Chapter 3 In section 3.2A.1 of the Gambling Regulation Act 2003, the definitions of entitlement holder and prescribed connection are repealed. 72 New heading to Part 1 of Chapter 10 substituted For the heading to Part 1 of Chapter 10 of the Gambling Regulation Act 2003 substitute— "PART 1—THE COMMISSION'S FUNCTIONS". 73 New Division heading substituted For the heading to Division 1 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003 substitute— "Division 1—General functions". 74 Establishment etc. of Commission Sections 10.1.1 to 10.1.3 of the Gambling Regulation Act 2003 are repealed. 75 Functions of Commission—Repeal of general function provision Section 10.1.4(1) of the Gambling Regulation Act 2003 is repealed. 76 Functions of Commission (1) In section 10.1.4(2) of the Gambling Regulation Act 2003, after "Commission" (where first occurring) insert "under this Act". (2) Section 10.1.4(3) of the Gambling Regulation Act 2003 is repealed. s. 71 -- 110 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 103 Authorised by the Chief Parliamentary Counsel 77 Powers of Commission Section 10.1.5 of the Gambling Regulation Act 2003 is repealed. 78 Membership of Commission Division 2 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003 is repealed. 79 Performance of Commission's functions Division 3 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003 is repealed. 80 Reasons for decisions Division 4 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003 is repealed. 81 Staffing and delegation Division 5 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003 is repealed. 82 General duty of confidentiality For section 10.1.30(2)(a) of the Gambling Regulation Act 2003 substitute— "(a) a record or disclosure made in the performance of, or for the purpose of performing or enabling someone else to perform, a function under— (i) a gaming Act or gaming regulations; or (ii) the Liquor Control Reform Act 1998 or regulations made under that Act; or". 83 Repeal of general investigatory powers In section 10.4.8 of the Gambling Regulation Act 2003, the definition of prescribed connection is repealed. s. 77 -- 111 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 104 Authorised by the Chief Parliamentary Counsel 84 Repeal of investigation powers Section 10.4.9 of the Gambling Regulation Act 2003 is repealed. 85 Provisions relating to appointment of inspectors Sections 10.5.1 to 10.5.3 of the Gambling Regulation Act 2003 are repealed. 86 Former inspectors Section 10.5.6 of the Gambling Regulation Act 2003 is repealed. 87 Investigation of application—functions of a commissioner For section 10.4.2(2) of the Gambling Regulation Act 2003 substitute— "(2) A function of the Commission under this section may be performed by any commissioner in relation to an application for— (a) a venue operator's licence; (b) a gaming operator's licence; (c) a gaming industry employee's licence; (d) registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4; (e) approval as a nominee of a venue operator under section 3.4.14; (f) approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Division 1 of Part 9 of Chapter 3; (g) approval of a wholly-owned subsidiary of the licensee under Division 4 of Part 3 of Chapter 4; s. 84 -- 112 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 105 Authorised by the Chief Parliamentary Counsel (h) approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Part 5 of Chapter 6; (i) approval as a nominee of a bingo centre operator under section 8.5.9; (j) approval as a nominee of a commercial raffle organiser under section 8.5A.10; (k) approval as a sports controlling body under Division 4 of Part 5 of Chapter 4; (l) listing on the Roll; (m) approval of premises under Part 3 of Chapter 3.". 88 Photographs, finger prints and palm prints— functions of a commissioner For section 10.4.3(3) of the Gambling Regulation Act 2003 substitute— "(3) A function of the Commission under this section may be performed by any commissioner in relation to an application for— (a) a venue operator's licence; (b) a gaming operator's licence; (c) a gaming industry employee's licence; (d) registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4; (e) approval as a nominee of a venue operator under section 3.4.14; (f) approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Division 1 of Part 9 of Chapter 3; s. 88 -- 113 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 106 Authorised by the Chief Parliamentary Counsel (g) approval of a wholly-owned subsidiary of the licensee under Division 4 of Part 3 of Chapter 4; (h) approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Part 5 of Chapter 6; (i) approval as a nominee of a bingo centre operator under section 8.5.9; (j) approval as a nominee of a commercial raffle organiser under section 8.5A.10; (k) listing on the Roll.". 89 Police inquiry and report—functions of a commissioner For section 10.4.4(3) of the Gambling Regulation Act 2003 substitute— "(3) A function of the Commission under this section may be performed by any commissioner in relation to an application for— (a) a venue operator's licence; (b) a gaming operator's licence; (c) a gaming industry employee's licence; (d) registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4; (e) approval as a nominee of a venue operator under section 3.4.14; (f) approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Division 1 of Part 9 of Chapter 3; s. 89 -- 114 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 107 Authorised by the Chief Parliamentary Counsel (g) approval of a wholly-owned subsidiary of the licensee under Division 4 of Part 3 of Chapter 4; (h) approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Part 5 of Chapter 6; (i) approval as a nominee of a bingo centre operator under section 8.5.9; (j) approval as a nominee of a commercial raffle organiser under section 8.5A.10; (k) listing on the Roll.". 90 Commission may require further information— functions of a commissioner For section 10.4.5(3) of the Gambling Regulation Act 2003 substitute— "(3) A function of the Commission under this section may be performed by any commissioner in relation to an application for— (a) a gaming industry employee's licence; (b) registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4; (c) approval as a nominee of a venue operator under section 3.4.14; (d) approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Division 1 of Part 9 of Chapter 3; s. 90 -- 115 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 108 Authorised by the Chief Parliamentary Counsel (e) approval of a wholly-owned subsidiary of the licensee under Division 4 of Part 3 of Chapter 4; (f) approval of a wholly-owned subsidiary of the holder of a gaming operator's licence under Part 5 of Chapter 6; (g) approval as a nominee of a bingo centre operator under section 8.5.9; (h) approval as a nominee of a commercial raffle organiser under section 8.5A.10; (i) approval as a sports controlling body under Division 4 of Part 5 of Chapter 4; (j) approval— (i) to become an associate of the wagering and betting licensee under section 4.3A.25; (ii) to become an associate of the keno licensee under section 6A.3.25; (k) approval of premises under Part 3 of Chapter 3.". 91 Other amendments related to abolition of position of Executive Commissioner (1) In sections 3.4.61(5), 5.2.5(7), 6.2.14(6), 6A.2.14(6), 10.4.7J(2), 10.4.7K(4), 10.4.7L(3) and 10.4.7M(4) of the Gambling Regulation Act 2003 for "the Executive Commissioner" substitute "any commissioner". (2) In sections 5.7.12(2), 8.3.20(2), 8.5.13(3), 8.5A.14(3), 10.5.12(1) and 10.5.12(6) of the Gambling Regulation Act 2003 for "the Executive Commissioner" substitute "a commissioner". s. 91 -- 116 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 109 Authorised by the Chief Parliamentary Counsel 92 New Part 26 of Schedule 7 inserted After Part 25 of Schedule 7 to the Gambling Regulation Act 2003 insert— "PART 26—VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 26.1 Definitions In this Part— commencement day means the day on which section 92 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation; Executive Commissioner means the Executive Commissioner of the former Commission appointed under section 10.1.9 as in force immediately before the commencement day; former Commission means the Victorian Commission for Gambling Regulation established by section 10.1.1, as in force immediately before the commencement day; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; s. 92 -- 117 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 110 Authorised by the Chief Parliamentary Counsel property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective. 26.2 General savings provisions (1) This Part of this Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) This Part of this Schedule applies despite anything to the contrary in any other provision in this Act. 26.3 Savings and transitional regulations (1) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent the amendment of this Act by the Victorian Commission for Gambling and Liquor Regulation Act 2011. (2) A provision of regulations under this clause may be retrospective in operation to the commencement day or a day after the commencement day. (3) Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument. (4) This clause is repealed on 31 January 2013. s. 92 -- 118 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 111 Authorised by the Chief Parliamentary Counsel 26.4 Abolition of the Victorian Commission for Gambling Regulation On the commencement day— (a) the former Commission is abolished and its members go out of office; (b) all rights, property and assets that, immediately before that day, were vested in the former Commission are, by force of this subclause, vested in the new Commission; (c) all debts, liabilities and obligations of the former Commission existing immediately before that day become, by force of this subclause, debts, liabilities and obligations of the new Commission; (d) the new Commission is, by force of this subclause, substituted as a party to any proceeding pending in any court or tribunal to which the former Commission was a party immediately before that day; (e) the new Commission is, by force of this subclause, substituted as a party to any arrangement or contract entered into by or on behalf of the former Commission as a party and in force immediately before that day. 26.5 References to the Victorian Commission for Gambling Regulation and Executive Commissioner On the commencement day— (a) any reference to the former Commission in any Act (other than this Act) or in any rule, regulation, order, s. 92 -- 119 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 112 Authorised by the Chief Parliamentary Counsel agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the new Commission; (b) any reference to the Executive Commissioner of the former Commission in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the new Commission. 26.6 Notices A notice given, issued or served by the former Commission or the Executive Commissioner under this Act that is in force immediately before the commencement day is, on and after that day, taken to be a notice given, issued or served by the new Commission. 26.7 Things commenced by the former Commission or Executive Commissioner before abolition of former Commission (1) This clause applies if immediately before the commencement day— (a) the former Commission or the Executive Commissioner has commenced to do something required or permitted to be done under the Act; and s. 92 -- 120 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 113 Authorised by the Chief Parliamentary Counsel (b) the former Commission or Executive Commissioner has not completed doing that thing before that day. (2) On and after the commencement day, the new Commission may continue to do and complete that thing in accordance with the Act, as if the Act had not been amended by the Victorian Commission for Gambling and Liquor Regulation Act 2011. (3) For the purposes of this clause, anything done by the former Commission or Executive Commissioner before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission. 26.8 Financial statements On and after the commencement day, the new Commission must ensure that the financial statements of the former Commission for the period starting on 1 July 2011 and ending on the day before the commencement day are prepared in accordance with the Financial Management Act 1994. 26.9 Taxes No duty or other tax is chargeable under any Act in respect of anything done under this Part of this Schedule or in respect of any act or transaction connected with or necessary to be done by reason of this Part of this Schedule, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the former Commission. s. 92 -- 121 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 114 Authorised by the Chief Parliamentary Counsel 26.10 Validity of things done under this Part of this Schedule Nothing effected or to be effected by this Part of this Schedule or done or suffered under this Part of this Schedule— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or s. 92 -- 122 of 152 -- Part 8—Amendment of the Gambling Regulation Act 2003 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 115 Authorised by the Chief Parliamentary Counsel (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation.". __________________ s. 92 -- 123 of 152 -- Part 9—Amendment of other Gambling Acts and the Racing Act 1958 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 116 Authorised by the Chief Parliamentary Counsel PART 9—AMENDMENT OF OTHER GAMBLING ACTS AND THE RACING ACT 1958 Division 1—Amendment of Casino Control Act 1991 93 Definitions In section 3(1) of the Casino Control Act 1991— (a) in the definition of Commission, for "Victorian Commission for Gambling Regulation established by the Gambling Regulation Act 2003" substitute "Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011"; (b) the definition of Executive Commissioner is repealed. 94 Amendments to Division 1 of Part 3—substitution of references to Executive Commissioner In sections 24(4) and 28A(7) of the Casino Control Act 1991 for "the Executive Commissioner" substitute "any commissioner". 95 Object of the Commission In section 140 of the Casino Control Act 1991, after "Commission" insert "under this Act". 96 Functions of the Commission In section 141(2) of the Casino Control Act 1991, after "functions" insert "under this Act or any other Act". s. 93 See: Act No. 47/1991. Reprint No. 8 as at 22 June 2011 and amending Act Nos 29/2009, 84/2009 and 74/2010. LawToday: www. legislation. vic.gov.au -- 124 of 152 -- Part 9—Amendment of other Gambling Acts and the Racing Act 1958 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 117 Authorised by the Chief Parliamentary Counsel 97 New section 172 inserted After section 171 of the Casino Control Act 1991 insert— "172 Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011 Schedule 5 has effect.". 98 New Schedule 5 inserted After Schedule 4 to the Casino Control Act 1991 insert— "__________________ SCHEDULE 5 TRANSITIONAL PROVISIONS—VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 1 Definitions In this Schedule— commencement day means the day on which section 98 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation; Executive Commissioner means the Executive Commissioner of the former Commission appointed under section 10.1.9 of the Gambling Regulation Act 2003 as in force immediately before the commencement day; s. 97 -- 125 of 152 -- Part 9—Amendment of other Gambling Acts and the Racing Act 1958 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 118 Authorised by the Chief Parliamentary Counsel former Commission means the Victorian Commission for Gambling Regulation established by section 10.1.1 of the Gambling Regulation Act 2003, as in force immediately before the commencement day; new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011. 2 Things commenced by the former Commission or Executive Commissioner before abolition of former Commission (1) This clause applies if immediately before the commencement day— (a) the former Commission or the Executive Commissioner has commenced to do something required or permitted to be done under the Act; and (b) the former Commission or Executive Commissioner has not completed doing that thing before that day. (2) On and after the commencement day, the new Commission may continue to do and complete that thing in accordance with the Act, as if the Act had not been amended by the Victorian Commission for Gambling and Liquor Regulation Act 2011. (3) For the purposes of this clause, anything done by the former Commission or Executive Commissioner before the commencement day in respect of that thing s. 98 -- 126 of 152 -- Part 9—Amendment of other Gambling Acts and the Racing Act 1958 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 119 Authorised by the Chief Parliamentary Counsel is, on and after that day, taken to have been done by the new Commission.". Division 2—Amendment of Casino (Management Agreement) Act 1993 99 Definitions In section 4 of the Casino (Management Agreement) Act 1993 in the definition of Commission for "Victorian Commission for Gambling Regulation established by the Gambling Regulation Act 2003" substitute "Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011". 100 Powers of the Commission In the heading to section 8 of the Casino (Management Agreement) Act 1993, after "Gambling" insert "and Liquor". 101 New Part 5 inserted After Part 4 of the Casino (Management Agreement) Act 1993 insert— "PART 5—TRANSITIONAL PROVISIONS— VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 21 Definitions In this Part— commencement day means the day on which section 101 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation; s. 99 See: Act No. 94/1993. Reprint No. 3 as at 17 May 2000 and amending Act Nos 22/2002, 114/2003, 47/2005 and 84/2009. LawToday: www. legislation. vic.gov.au -- 127 of 152 -- Part 9—Amendment of other Gambling Acts and the Racing Act 1958 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 120 Authorised by the Chief Parliamentary Counsel former Commission means the Victorian Commission for Gambling Regulation established by section 10.1.1 of the Gambling Regulation Act 2003, as in force immediately before the commencement day; new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011. 22 Things commenced by the former Commission before abolition of former Commission (1) This section applies if immediately before the commencement day— (a) the former Commission has commenced to do something required or permitted to be done under the Act; and (b) the former Commission has not completed doing that thing before that day. (2) On and after the commencement day, the new Commission may continue to do and complete that thing in accordance with the Act, as if the Act had not been amended by the Victorian Commission for Gambling and Liquor Regulation Act 2011. (3) For the purposes of this section, anything done by the former Commission before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission.". s. 101 -- 128 of 152 -- Part 9—Amendment of other Gambling Acts and the Racing Act 1958 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 121 Authorised by the Chief Parliamentary Counsel Division 3—Amendment of Racing Act 1958 102 Definitions In section 3(1) of the Racing Act 1958, in the definition of Commission, for "Victorian Commission for Gambling Regulation established by the Gambling Regulation Act 2003" substitute "Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011". 103 New Part VII inserted After Part VI of the Racing Act 1958 insert— "PART VII—TRANSITIONAL PROVISIONS— VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011 101 Definitions In this Part— commencement day means the day on which section 103 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation; former Commission means the Victorian Commission for Gambling Regulation established by section 10.1.1 of the Gambling Regulation Act 2003, as in force immediately before the commencement day; new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for s. 102 See: Act No. 6353. Reprint No. 14 as at 20 August 2009 and amending Act Nos 45/2003 and 74/2010. LawToday: www. legislation. vic.gov.au -- 129 of 152 -- Part 9—Amendment of other Gambling Acts and the Racing Act 1958 Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 122 Authorised by the Chief Parliamentary Counsel Gambling and Liquor Regulation Act 2011. 102 Things commenced by the former Commission before abolition of former Commission (1) This section applies if immediately before the commencement day— (a) the former Commission has commenced to do something required or permitted to be done under the Act; and (b) the former Commission has not completed doing that thing before that day. (2) On and after the commencement day, the new Commission may continue to do and complete that thing in accordance with the Act, as if the Act had not been amended by the Victorian Commission for Gambling and Liquor Regulation Act 2011. (3) For the purposes of this section, anything done by the former Commission before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission. __________________". __________________ s. 103 -- 130 of 152 -- Part 10—Consequential amendments Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 123 Authorised by the Chief Parliamentary Counsel PART 10—CONSEQUENTIAL AMENDMENTS 104 Consequential amendments to other Acts An Act specified in the heading to an item in the Schedule is amended as set out in that item. __________________ s. 104 -- 131 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 124 Authorised by the Chief Parliamentary Counsel SCHEDULE CONSEQUENTIAL AMENDMENTS 1 Casino Control Act 1991 1.1 In the note at the foot of section 3A, for "Director of Liquor Licensing (appointed under section 149 of the Liquor Control Reform Act 1998)" substitute "Commission". 2 Food Act 1984 2.1 Insert the following heading to section 58— "Victorian Commission for Gambling and Liquor Regulation to be notified of certain matters". 2.2 In section 58(1) and (2), for "Director of Liquor Licensing" (wherever occurring) substitute "Commission". 2.3 After section 58(2) insert— "(3) In this section, Commission means the Victorian Commission for Gambling and Liquor Regulation (established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011).". 3 Gambling Regulation Act 2003 3.1 In the note at the foot of section 1.3A, for "Director of Liquor Licensing (appointed under section 149 of the Liquor Control Reform Act 1998)" substitute "Commission". 3.2 In section 2.3.2(2), for "Director of Liquor Licensing" substitute "Commission". 3.3 In section 3.4A.19(3), in the definition of government agency, paragraph (c) is repealed. Sch. -- 132 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 125 Authorised by the Chief Parliamentary Counsel 3.4 In clause (7) of Schedule 2, after "for Gambling" insert "and Liquor". 4 Liquor Control Reform Act 1998 4.1 In section 3(1)— (a) in the definition of breach notice, for "the Director" substitute "the Commission"; (b) in the definition of proof of age card, for "the Director" substitute "the Commission". 4.2 In section 3AB(2), for "Director" substitute "Commission". 4.3 In section 6(e), for "Director" substitute "Commission". 4.4 In section 6(j)— (a) after "following persons" insert "or entities"; (b) in subparagraph (v), for "Director" substitute "Commission"; (c) in subparagraph (vi), for "compliance inspector" substitute "gambling and liquor inspector". 4.5 In section 6A, for "Director" (wherever occurring) substitute "Commission". 4.6 In section 6B, for "Director" (wherever occurring) substitute "Commission". 4.7 In section 6C, for "Director" (wherever occurring) substitute "Commission". 4.8 In section 6D, for "Director" (wherever occurring) substitute "Commission". 4.9 In section 8(1), for "Director" (wherever occurring) substitute "Commission". 4.10 In section 8(2)(d), for "the Director" substitute "the Commission". Sch. -- 133 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 126 Authorised by the Chief Parliamentary Counsel 4.11 In section 9(1), for "Director" (wherever occurring) substitute "Commission". 4.12 In section 9(2)(e), for "the Director" substitute "the Commission". 4.13 In section 9A(1), for "Director" (wherever occurring) substitute "Commission". 4.14 In section 9A(2)(e), for "the Director" substitute "the Commission". 4.15 In section 10(2), for "Director" substitute "Commission". 4.16 In section 10(3), for "Director" substitute "Commission". 4.17 In section 10(4)(a), for "Director" substitute "Commission". 4.18 In section 10(4)(b), for "Director" substitute "Commission". 4.19 In section 10(4)(c)— (a) for "compliance inspector" substitute "gambling and liquor inspector"; (b) for "Director" (wherever occurring) substitute "Commission". 4.20 In section 10(4)(g), for "Director" substitute "Commission". 4.21 In section 10(5), for "Director" substitute "Commission". 4.22 In section 11(1), for "Director" (wherever occurring) substitute "Commission". 4.23 In section 11(2), for "Director" substitute "Commission". 4.24 In section 11(3)(d), for "the Director" substitute "the Commission". Sch. -- 134 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 127 Authorised by the Chief Parliamentary Counsel 4.25 In section 11A(2)(a)(ii), for "Director" substitute "Commission". 4.26 In section 11A(3), for "Director" (wherever occurring) substitute "Commission". 4.27 In section 11A(4)(b), for "Director" substitute "Commission". 4.28 In section 11A(5)(e), for "the Director" substitute "the Commission". 4.29 In section 12(2)(b), for "the Director" substitute "the Commission". 4.30 In section 13(1)(a)(ii), for "Director" substitute "Commission". 4.31 In section 13(2)(e), for "the Director" substitute "the Commission". 4.32 In section 14(1A)(a), for "Director" substitute "Commission". 4.33 In section 14(1B)(a), for "Director" substitute "Commission". 4.34 In section 14(2)(c), for "the Director" substitute "the Commission". 4.35 In section 14(3), for "Director" (wherever occurring) substitute "Commission". 4.36 In section 14A(1), for "Director" substitute "Commission". 4.37 In section 14A(2)(b), for "the Director" substitute "the Commission". 4.38 In section 14B(1), for "Director" substitute "Commission". 4.39 In section 14B(2)— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". Sch. -- 135 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 128 Authorised by the Chief Parliamentary Counsel 4.40 In section 14B(3), for "Director" substitute "Commission". 4.41 In section 14B— (a) in subsection (5), for "Director" substitute "Commission"; (b) in subsection (6), for "Director" (wherever occurring) substitute "Commission"; (c) in subsection (7), for "Director" (wherever occurring) substitute "Commission". 4.42 Section 14B(8) is repealed. 4.43 In section 15(1), for "Director" substitute "Commission". 4.44 In section 15(2)(e), for "the Director" substitute "the Commission". 4.45 In section 15A(4), for "Director" (wherever occurring) substitute "Commission". 4.46 In section 18(1), for "the Director" substitute "the Commission". 4.47 In section 18B(1), for "Director" substitute "Commission". 4.48 In section 22, for "Director" (wherever occurring) substitute "Commission". 4.49 In section 24, for "Director" substitute "Commission". 4.50 In section 25, for "Director" (wherever occurring) substitute "Commission". 4.51 In section 25A, for "Director" (wherever occurring) substitute "Commission". 4.52 In section 26, for "Director" (wherever occurring) substitute "Commission". 4.53 In section 26A, for "Director" substitute "Commission". Sch. -- 136 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 129 Authorised by the Chief Parliamentary Counsel 4.54 In section 26B, for "Director" (wherever occurring) substitute "Commission". 4.55 In section 26C, for "Director" substitute "Commission". 4.56 In section 27, for "Director" (wherever occurring) substitute "Commission". 4.57 In section 28(1), for "the Director" (wherever occurring) substitute "the Commission". 4.58 In section 28(2), for "Director" substitute "Commission". 4.59 In section 28(3), for "Director" substitute "Commission". 4.60 In section 29, for "Director" (wherever occurring) substitute "Commission". 4.61 In section 30, for "applies to the Director" substitute "applies to the Commission". 4.62 In section 30— (a) in paragraph (a), for "Director" (where first occurring) substitute "Commission"; (b) in paragraph (a), for "him or her" substitute "the Commission"; (c) in paragraph (a)(ii), for "Director" substitute "Commission"; (d) in paragraph (b), for "Director" substitute "Commission". 4.63 In section 30(c)— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". 4.64 In section 31, for "Director" (wherever occurring) substitute "Commission". 4.65 In section 32(1), for "Director" substitute "Commission". Sch. -- 137 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 130 Authorised by the Chief Parliamentary Counsel 4.66 In section 32(2), for "the Director" (wherever occurring) substitute "the Commission". 4.67 In section 32(3), for "Director" substitute "Commission". 4.68 In section 33, for "Director" (wherever occurring) substitute "Commission". 4.69 In section 34, for "Director" (wherever occurring) substitute "Commission". 4.70 In section 35, for "Director" (wherever occurring) substitute "Commission". 4.71 In section 36(1), for "Director" substitute "Commission". 4.72 In section 36(2)— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". 4.73 In section 36(3), for "Director" substitute "Commission". 4.74 In section 37, for "Director" substitute "Commission". 4.75 In section 38(2), for "Director" substitute "Commission". 4.76 In section 39(3)(a), for "Director" substitute "Commission". 4.77 In section 40(2)(a), for "Director" substitute "Commission". 4.78 In section 41(3)(a), for "Director" substitute "Commission". 4.79 Insert the following heading to section 42— "Commission may refuse to accept objection". Sch. -- 138 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 131 Authorised by the Chief Parliamentary Counsel 4.80 In section 42— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". 4.81 In section 44(5), for "Director" (wherever occurring) substitute "Commission". 4.82 In section 44(6), for "Director" (wherever occurring) substitute "Commission". 4.83 In section 44(7), for "Director" (wherever occurring) substitute "Commission". 4.84 Insert the following heading to section 48— "Commission may permit amendments and disregard errors". 4.85 In section 48, for "Director" (wherever occurring) substitute "Commission". 4.86 In section 49— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". 4.87 In section 51, for "Director" (wherever occurring) substitute "Commission". 4.88 In section 52, for "Director" substitute "Commission". 4.89 In section 54(1), for "Director" substitute "Commission". 4.90 In section 54(2), for "Director" substitute "Commission". 4.91 In section 54(3), for "Director" substitute "Commission". 4.92 In section 54(5)(a), for "Director" substitute "Commission". 4.93 In section 54(6), for "Director" substitute "Commission". Sch. -- 139 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 132 Authorised by the Chief Parliamentary Counsel 4.94 In section 54(6A), for "Director" substitute "Commission". 4.95 In section 54(7)— (a) for "his or her" substitute "its"; (b) for "Director" substitute "Commission". 4.96 In section 54(11), for "Director" substitute "Commission". 4.97 In section 55, for "Director" (wherever occurring) substitute "Commission". 4.98 In section 57(2), for "Director" substitute "Commission". 4.99 Insert the following heading to Division 7 of Part 2— "Division 7—Variation of licence or BYO permit by Commission". 4.100 Insert the following heading to section 58— "Variation of licence or BYO permit at initiative of Commission". 4.101 In section 58(1)— (a) for "Director" substitute "Commission"; (b) for "his or her" substitute "its". 4.102 In section 58(3)— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". 4.103 In section 58(4), for "Director" substitute "Commission". 4.104 In section 58(5), for "Director" (wherever occurring) substitute "Commission". Sch. -- 140 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 133 Authorised by the Chief Parliamentary Counsel 4.105 In section 58A— (a) for "Director" substitute "Commission"; (b) for "his or her" substitute "its". 4.106 In the heading to section 58B, for "Director" substitute "Commission". 4.107 In section 58B(1)— (a) for "Director" substitute "Commission"; (b) for "his or her" substitute "its". 4.108 In section 58B(2)(b), for "Director" substitute "Commission". 4.109 In section 58C, for "Director" (wherever occurring) substitute "Commission". 4.110 In section 58CA, for "Director" (wherever occurring) substitute "Commission". 4.111 In the heading to section 58D, for "Director" substitute "Commission". 4.112 In section 58D, for "Director" (wherever occurring) substitute "Commission". 4.113 In section 60, for "Director" (wherever occurring) substitute "Commission". 4.114 In section 61(1)— (a) for "Director" substitute "Commission"; (b) for "his or her" substitute "the Commission's". 4.115 In section 62, for "Director" (wherever occurring) substitute "Commission". 4.116 In section 63, for "Director" (wherever occurring) substitute "Commission". 4.117 In section 64, for "Director" (wherever occurring) substitute "Commission". Sch. -- 141 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 134 Authorised by the Chief Parliamentary Counsel 4.118 In section 65(1), for "Director" (wherever occurring) substitute "Commission". 4.119 In section 66, for "Director" substitute "Commission". 4.120 For section 66A(5) substitute— "(5) In this section, authorised person also includes a person who is authorised under subsection (4) or (4A)." 4.121 In section 67, for "Director" (wherever occurring) substitute "Commission". 4.122 In section 68(3)(a), for "Director" substitute "Commission". 4.123 In section 69(1), for "Director" (wherever occurring) substitute "Commission". 4.124 In section 69(2)— (a) for "his or her" substitute "its"; (b) for "Director" substitute "Commission". 4.125 In section 73(1), for "Director" substitute "Commission". 4.126 In section 74, for "Director" (wherever occurring) substitute "Commission". 4.127 In section 77, for "Director" (wherever occurring) substitute "Commission". 4.128 In section 78(2)(b), for "Director" substitute "Commission". 4.129 In section 79, for "Director" (wherever occurring) substitute "Commission". 4.130 In section 80(1), for "Director" substitute "Commission". 4.131 In section 81(1), for "Director" substitute "Commission". Sch. -- 142 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 135 Authorised by the Chief Parliamentary Counsel 4.132 In section 82, for "Director" (wherever occurring) substitute "Commission". 4.133 In section 83(2)(a), for "Director" substitute "Commission". 4.134 In section 84(1), for "Director" substitute "Commission". 4.135 In section 84(2)— (a) for "his or her" substitute "its"; (b) for "Director" substitute "Commission". 4.136 Insert the following heading to section 85— "Endorsement at initiative of Commission". 4.137 In section 85, for "Director" (wherever occurring) substitute "Commission". 4.138 In section 97B, for "Director" (wherever occurring) substitute "Commission". 4.139 In section 98, for "Director" (wherever occurring) substitute "Commission". 4.140 In section 99A(2), for "Director" substitute "Commission". 4.141 In section 99B, for "Director" (wherever occurring) substitute "Commission". 4.142 In section 99C, for "Director" (wherever occurring) substitute "Commission". 4.143 In the heading to section 99D, for "Director" substitute "Commission". 4.144 In section 99D, for "Director" substitute "Commission". Sch. -- 143 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 136 Authorised by the Chief Parliamentary Counsel 4.145 In section 100— (a) for "Director" (wherever occurring) substitute "Commission"; (b) in paragraph (e), for "compliance inspector" substitute "gambling and liquor inspector". 4.146 In the heading to section 101A, for "Director" substitute "Commission". 4.147 In section 101A(1), for "Director" (wherever occurring) substitute "Commission". 4.148 In section 101A(4)— (a) for "Director" substitute "Commission"; (b) for "him or her" substitute "the Commission". 4.149 In section 101B(1), for "Director" (wherever occurring) substitute "Commission". 4.150 In section 101B(2), for "compliance inspector" substitute "gambling and liquor inspector". 4.151 Insert the following heading to section 102— "Notices required by the Commission must be displayed". 4.152 In section 102, for "Director" (wherever occurring) substitute "Commission". 4.153 In section 103, for "the Director" (wherever occurring) substitute "the Commission". 4.154 In section 103A(2), for "Director" substitute "Commission". 4.155 In section 104(1), for "the Director" substitute "the Commission". 4.156 In section 104(2), for "Director" substitute "Commission". 4.157 In section 104(4), for "Director" substitute "Commission". Sch. -- 144 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 137 Authorised by the Chief Parliamentary Counsel 4.158 In section 104(5), for "the Director" substitute "the Commission". 4.159 In section 105(1), for "Director" substitute "Commission". 4.160 In section 105(1A), for "Director's" substitute "Commission's". 4.161 In section 105(2), for "Director" (wherever occurring) substitute "Commission". 4.162 In section 105(3)— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". 4.163 In section 105(4)— (a) for "Director" substitute "Commission"; (b) for "him or her" substitute "the Commission". 4.164 In section 105(5), for "Director" substitute "Commission". 4.165 In section 106(1), for "Director" substitute "Commission". 4.166 In section 106(1A), for "Director's" substitute "Commission's". 4.167 In section 106(2), for "Director" (wherever occurring) substitute "Commission". 4.168 In section 106(3)— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". 4.169 In section 106(4)— (a) for "Director" substitute "Commission"; (b) for "him or her" substitute "the Commission". Sch. -- 145 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 138 Authorised by the Chief Parliamentary Counsel 4.170 In section 106(5), for "Director" substitute "Commission". 4.171 In the heading to section 106B, for "Director" substitute "Commission". 4.172 In section 106B, for "Director" substitute "Commission". 4.173 In section 106I— (a) in subsection (2), for "The Director" substitute "The Commission"; (b) in subsection (2), for "the Director's" substitute "the Commission's"; (c) in subsection (4), for "Director" (wherever occurring) substitute "Commission"; (d) in subsection (5), for "Director" substitute "Commission". 4.174 In section 108AE(2), for "compliance inspector" substitute "gambling and liquor inspector". 4.175 In section 108AF, for "Director" (wherever occurring) substitute "Commission". 4.176 In section 108AG, for "Director" (wherever occurring) substitute "Commission". 4.177 In the heading to section 108AH, for "Director" substitute "Commission". 4.178 In section 108AH, for "Director" substitute "Commission". 4.179 In section 108B, for "compliance inspector" (wherever occurring) substitute "gambling and liquor inspector". 4.180 In section 109A, for "Director" (wherever occurring) substitute "Commission". 4.181 In section 115A(1), for "Director" (wherever occurring) substitute "Commission". Sch. -- 146 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 139 Authorised by the Chief Parliamentary Counsel 4.182 In section 120(2), for "Director" (wherever occurring) substitute "Commission". 4.183 In section 120(2A), for "Director's" substitute "Commission's". 4.184 In section 120(3), for "Director" (wherever occurring) substitute "Commission". 4.185 In section 122(2), for "Director" (wherever occurring) substitute "Commission". 4.186 In section 123(1)(c)(iv), for "Director" substitute "Commission". 4.187 In section 126(1)(a), for "compliance inspector" substitute "gambling and liquor inspector". 4.188 In section 127, for "compliance inspector" (wherever occurring) substitute "gambling and liquor inspector". 4.189 In section 128(1), for "compliance inspector" substitute "gambling and liquor inspector". 4.190 In section 129(4), omit "an authorised person who is". 4.191 In section 130B(6)— (a) for "authorised person who is a compliance inspector" substitute "authorised person who is a gambling and liquor inspector"; (b) for "Director" substitute "Commission". 4.192 In section 131, for "compliance inspector" (wherever occurring) substitute "gambling and liquor inspector". 4.193 In section 133E(3), for "authorised officer" substitute "authorised person". 4.194 In section 133F, for "Director" (wherever occurring) substitute "Commission". Sch. -- 147 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 140 Authorised by the Chief Parliamentary Counsel 4.195 In section 133G(1), for "Director" substitute "Commission". 4.196 In section 136(2)(e), for "the Director or acting Director" substitute "a commissioner". 4.197 In section 136(3)(a)— (a) for "the Director" (where first occurring) substitute "a commissioner"; (b) for "the Director" (where second and third occurring) substitute "the commissioner". 4.198 In section 136(3)(b), for "the Director" substitute "a commissioner". 4.199 Section 136(3)(c) is repealed. 4.200 In section 137(1)— (a) for "the Director" (where first occurring) substitute "a commissioner"; (b) for "the Director" (where second occurring) substitute "the commissioner". 4.201 In section 137(2)— (a) for "the Director" (where first occurring) substitute "a commissioner"; (b) for "the Director" (where second occurring) substitute "the commissioner". 4.202 In section 139, for "Director" (wherever occurring) substitute "Commission". 4.203 In section 140, for "Director" (wherever occurring) substitute "Commission". 4.204 In section 141(1AA), for "compliance inspector" substitute "gambling and liquor inspector". Sch. -- 148 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 141 Authorised by the Chief Parliamentary Counsel 4.205 In section 141(2)— (a) in paragraph (daa), for "Director" substitute "Commission"; (b) in paragraph (db), for "Director" substitute "Commission"; (c) in paragraph (dc), for "Director" substitute "Commission". 4.206 In section 146A, in the definition of liquor accord, for "Director" substitute "Commission". 4.207 In section 146D, for "Director" (wherever occurring) substitute "Commission". 4.208 In section 147, for "Director" (wherever occurring) substitute "Commission". 4.209 In section 148A(1), for "Director" (wherever occurring) substitute "Commission". 4.210 In section 148P, for "Director" (wherever occurring) substitute "Commission". 4.211 In section 148S, the definition of authorised person is repealed. 4.212 In section 148ZC, for "Director" (wherever occurring) substitute "Commission". 4.213 In section 148ZD(1), for "Director" substitute "Commission". 4.214 In section 148ZD(2)— (a) for "Director" substitute "Commission"; (b) for "he or she" substitute "the Commission". 4.215 In section 148ZD(3), for "Director" substitute "Commission". 4.216 In section 148ZE(1), for "Director" substitute "Commission". 4.217 In section 148ZF, for "Director" (wherever occurring) substitute "Commission". Sch. -- 149 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 142 Authorised by the Chief Parliamentary Counsel 4.218 In section 148ZG, for "Director" (wherever occurring) substitute "Commission". 4.219 In section 148ZL(2), for "Director" substitute "Commission". 4.220 In section 148ZM, for "Director" substitute "Commission". 4.221 In section 148ZN, for "Director" (wherever occurring) substitute "Commission". 4.222 In section 148ZO, for "Director" substitute "Commission". 4.223 In section 148ZP, for "Director" (wherever occurring) substitute "Commission". 4.224 In section 148ZQ, for "Director" (wherever occurring) substitute "Commission". 4.225 In the heading to section 148ZR, for "Director" substitute "Commission". 4.226 In section 148ZR(1), for "Director" (wherever occurring) substitute "Commission". 4.227 In section 148ZS, for "Director" (wherever occurring) substitute "Commission". 4.228 In the heading to section 148ZT, for "Director" substitute "Commission". 4.229 In section 148ZT(1)— (a) for "a Director" (where twice occurring) substitute "the Commission"; (b) for "the Director" substitute "the Commission". 4.230 In section 148ZT— (a) in subsection (2), for "Director" substitute "Commission"; (b) in subsection (3), for "Director" (wherever occurring) substitute "Commission"; Sch. -- 150 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 143 Authorised by the Chief Parliamentary Counsel (c) in subsection (4), for "Director" substitute "Commission", 4.231 In section 172(3)(a), for "Director" substitute "Commission". 4.232 In section 173(1)(c), for "Director" substitute "Commission". 4.233 In section 174, for "Director" substitute "Commission". 4.234 In section 176, for "Director" (wherever occurring) substitute "Commission". 4.235 In section 180(4)(d), for "Director" substitute "Commission". 5 Summary Offences Act 1966 5.1 In section 43(1), in paragraph (a) of the definition of evidence of age document, for "Director of Liquor Licensing" substitute "Victorian Commission for Gambling and Liquor Regulation". 6 Tobacco Act 1987 6.1 In section 3, in the definition of Victorian proof of age card, for "Director of Liquor Licensing" substitute "Victorian Commission for Gambling and Liquor Regulation". ═══════════════ Sch. -- 151 of 152 -- Victorian Commission for Gambling and Liquor Regulation Act 2011 No. 58 of 2011 144 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 15 September 2011 Legislative Council: 13 October 2011 The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Commission for Gambling and Liquor Regulation, to amend the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998 and other Acts and for other purposes." Endnotes -- 152 of 152 --