Gambling Regulation Amendment (Licensing) Act 2010
i
Gambling Regulation Amendment (Licensing) Act
2010
No. 56 of 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2—AMENDMENT OF THE GAMBLING REGULATION
ACT 2003 3
Division 1—Miscellaneous amendments 3
3 Definitions 3
4 Definitions—minor amendment to definition of venue condition 3
5 New definitions inserted for purpose of Chapter 3 3
6 Application for approval of premises 5
7 Responsible authority may make submission 5
8 Authority conferred by monitoring licence 5
9 Application for venue operator's licence 6
10 Nominee of licensee—increase in penalties 6
11 Disciplinary action against venue operator 7
12 Letter of censure 8
13 Minister may invite applications 9
14 New sections 3.4.49A to 3.4.49C inserted 9
3.4.49A Monitoring licensee must establish and maintain
approved linked jackpot trust accounts 9
3.4.49B Operation of multiple venue linked jackpot
arrangements without approved linked jackpot
trust account prohibited 9
3.4.49C Payments out of approved linked jackpot trust
accounts 9
15 Engaging contractors and appointing agents to assist with
monitoring 10
16 Grounds for disciplinary action—monitoring licence 10
17 Suspension of licence 10
18 New section 3.4.59GA inserted 11
3.4.59GA Disciplinary and other action against monitoring
licensee—preparatory action 11
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19 Appointment of a monitoring services provider after
monitoring licence suspended, cancelled or surrendered 11
20 New section 3.4.68A inserted 12
3.4.68A Publication of standard price lists 12
21 Authority conferred by gaming machine entitlements 13
22 Minister may create and allocate gaming machine entitlements 13
23 New section 3.4A.6B inserted 13
3.4A.6B No compensation payable because of direction
to enter related agreements under section 3.4A.6A 13
24 Gaming machine entitlements may authorise preparatory
action 14
25 States rights in relation to allocated gaming machine
entitlements 14
26 No compensation payable because of direction to enter related
agreements under section 3.4A.11A 14
27 New section 3.4A.11C inserted 15
3.4A.11C Payments for gaming machine entitlements must
be made to Commission 15
28 Gaming machine entitlements forfeited if venue operator
defaults under related agreement 15
29 No compensation payable because of forfeiture of gaming
machine entitlements 15
30 Amounts owed to the State in relation to gaming machine
entitlements become immediately payable 15
31 Payment of proceeds from forfeited gaming machine
entitlements that are allocated again 16
32 Trade Practices Act and Competition Code authorisation 16
33 Further amendments to section 3.4A.34 16
34 New Division 2A of Part 7 of Chapter 3 inserted 17
Division 2A—Approved linked jackpot trust account
compliance requirements 17
3.7.6 Banking 17
3.7.6AA Accounting records in relation to approved
linked jackpot trust accounts 18
3.7.6AB Functions of Commission under this Division
may be performed by any commissioner 18
35 Directions to gaming operator to provide information etc. 18
36 Directions to monitoring licensee to provide information etc. 18
37 Registration of interest—wagering and betting licence 19
38 Grounds for disciplinary action—wagering and betting licence 19
39 New section 4.3A.30A inserted 19
4.3A.30A Disciplinary and other action against wagering
and betting licensee—preparatory action 19
40 Trade Practices Act and Competition Code 20
41 Registration of interest—public lottery licence 21
42 Grounds for disciplinary action—public lottery licence 21
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43 Registration of interest—keno licence 21
44 Grounds for disciplinary action—keno licence 22
45 New section 6A.3.30A inserted 22
6A.3.30A Disciplinary and other action against keno
licensee—preparatory action 22
46 Minor gaming must be in accordance with Chapter etc. 23
47 Definitions—disciplinary action against community or
charitable organisations in relation to bingo 23
48 Disciplinary action—bingo centre operators 23
49 New section 10.2A.11 substituted 23
10.2A.11 Publication of Review Panel reports 23
50 Police inquiry and report—applications 26
51 Police inquiry and report—applications for wagering and
betting licence and keno licence 26
52 Police inquiry and report—transfers of monitoring licence,
wagering and betting licence and keno licence and temporary
licensing 27
53 Definitions—suitability of persons for invitation, and to apply,
for monitoring licence 28
54 Police inquiry and report—suitability of persons for invitation,
and to apply, for monitoring licence 28
55 Policy inquiry and report—applications for monitoring licence 29
56 Supreme Court—limitation of jurisdiction 29
Division 2—Associates 29
57 Definitions for purpose of Act 29
58 Who is an associate? 30
59 New Part 4A of Chapter 10 inserted 31
PART 4A—MONITORING OF RELATIONSHIPS
WITH ASSOCIATES 31
Division 1—Interpretation 31
10.4A.1 Definitions 31
10.4A.2 Relevant interests 32
10.4A.3 References to the Corporations Act 32
Division 2—Notifications in relation to associates 33
10.4A.4 Change in situation of gambling industry
participants, associates etc. 33
10.4A.5 Notification of Commission of persons who are
likely to become associates 33
10.4A.6 Notification of Commission of persons who
have become associates 34
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Division 3—Commission approval 34
10.4A.7 Prior Commission approval required before
certain persons become associates 34
Division 4—Termination of associations, warnings and
undertakings 35
10.4A.8 Termination of association 35
10.4A.9 Written warnings and undertakings in relation to
conduct of associates 36
Division 5—Forfeiture and sale of shares in gambling
industry participants 37
10.4A.10 Disposal, forfeiture etc. of shares 37
10.4A.11 Sale of forfeited shares 39
Division 6—Investigations for purposes of Divisions 4 and 5 40
10.4A.12 Investigation of associates and others 40
10.4A.13 Provision of information to Commission 41
10.4A.14 Reports to Minister 43
60 Investigations and inquiries for approval of associates 44
61 Consequential repeals 45
PART 3—AMENDMENT OF THE GAMBLING REGULATION
FURTHER AMENDMENT ACT 2009 46
62 Application for approval of premises 46
63 New section 13 substituted 46
13 New section 3.3.5 substituted and new sections
3.3.5AA, 3.3.5AB, 3.3.5A and 3.3.5B inserted 46
64 Responsible authority may make submission 48
65 Determination of application 48
16 Determination of application 48
66 Section 21 substituted 50
21 Proposal of amendment by operator 50
67 Section 22 substituted 51
22 New sections 3.4.18A, 3.4.18B and 3.4.18C inserted 51
68 Submissions on proposed amendments 52
69 Section 24 substituted 53
24 Determination of application 53
70 Amendment of public lottery licence 54
71 Public hearings for amendments to venue operators' licences
to increase gaming machine numbers 54
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PART 4—AMENDMENT OF THE CASINO CONTROL
ACT 1991 55
72 Cancellation, suspension or variation of casino licence 55
PART 5—AMENDMENT OF THE CONFISCATION ACT 1997 56
73 Amendment of Schedule 1 56
PART 6—REPEAL OF AMENDING ACT 57
74 Repeal of Act 57
═══════════════
ENDNOTES 58
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1
Gambling Regulation Amendment
(Licensing) Act 2010 †
No. 56 of 2010
[Assented to 14 September 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is—
(a) to amend the Gambling Regulation Act
2003, and the Gambling Regulation
Further Amendment Act 2009 to make
further provision in relation to regulatory
arrangements for—
Victoria
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Part 1—Preliminary
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
2
(i) gaming machine entitlements and the
monitoring, wagering and betting and
keno licences; and
(ii) the regulation of associates of gambling
industry participants; and
(b) to amend the Casino Control Act 1991 to
make further provision in relation to
disciplinary action against the casino
operator for offences involving minors; and
(c) to amend the Confiscation Act 1997 to
remove a redundant reference to minor
gaming permits.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2012, it comes into
operation on that day.
__________________
s. 2
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Part 2—Amendment of the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
3
PART 2—AMENDMENT OF THE GAMBLING REGULATION
ACT 2003
Division 1—Miscellaneous amendments
3 Definitions
In section 1.3(1) of the Gambling Regulation
Act 2003, in the definition of monitoring licence,
after "Chapter 3" insert "or a temporary
monitoring licence issued under section 3.4.59I".
4 Definitions—minor amendment to definition of
venue condition
In section 3.1.2 of the Gambling Regulation Act
2003, in the definition of venue condition, for
"3.4A.5(2)(b)" substitute "3.4A.5(4)(b)".
5 New definitions inserted for purpose of Chapter 3
In section 3.1.2 of the Gambling Regulation Act
2003 insert the following definitions—
"approved linked jackpot trust account means an
account—
(a) established and maintained by the
monitoring licensee with an authorised
deposit-taking institution in the State in
s. 3
See:
Act No.
114/2003.
Reprint No. 3
as at
6 August 2009
and
amending
Act Nos
72/2007,
71/2008,
25/2009,
29/2009,
43/2009,
52/2009,
58/2009,
59/2009,
63/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
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4
relation to a multiple venue linked
jackpot arrangement; and
(b) into which only money—
(i) that is related to the multiple
venue linked jackpot arrangement;
and
(ii) that is required to be paid, is paid
by a venue operator in accordance
with a jackpot financial
administration services agreement
between the monitoring licensee
and that operator;
jackpot financial administration services
means—
(a) establishing and maintaining an
approved linked jackpot trust account
in relation to a multiple venue linked
jackpot arrangement;
(b) the payment of money out of an
approved linked jackpot trust account
to a venue operator;
(c) accounting, banking, storage and other
acts in connection with or related or
incidental to a service referred to in
paragraph (a) or (b);
jackpot financial administration services
agreement means an agreement between the
monitoring licensee and a venue operator for
the provision of jackpot financial
administration services by the licensee to the
venue operator;
multiple venue linked jackpot arrangement
means a linked jackpot arrangement linking
gaming machines with other gaming
machines in 2 or more approved venues;".
s. 5
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6 Application for approval of premises
After section 3.3.4(1) of the Gambling
Regulation Act 2003 insert—
"(1A) Unless the Commission considers there are
exceptional circumstances, an application
under this section must be made within
3 days after a copy of the proposed
application has been given to the relevant
responsible authority under section 3.3.5.
(1B) If the Commission considers there are
exceptional circumstances, the Commission,
by written notice given to the applicant, may
extend the period of time within which the
applicant may make the application.".
7 Responsible authority may make submission
In section 3.3.6(1) of the Gambling Regulation
Act 2003, after "Commission on" insert
"an application for approval of premises or an
amendment of".
8 Authority conferred by monitoring licence
(1) In section 3.4.4(1) of the Gambling Regulation
Act 2003, for "section 3.4.48" substitute "section
3.4.48 or 3.4.48A".
(2) After section 3.4.4(1)(c) of the Gambling
Regulation Act 2003 insert—
"(caa) to provide jackpot financial administration
services in relation to multiple venue linked
jackpot arrangements; and".
s. 6
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(3) For section 3.4.4(2) of the Gambling Regulation
Act 2003 substitute—
"(2) Despite anything to the contrary in this
Act—
(a) the facilitation of a linked jackpot
arrangement by the monitoring
licensee; or
(b) the provision of jackpot financial
administration services by the
monitoring licensee in relation to a
multiple venue linked jackpot
arrangement—
is not to be taken to constitute the conduct of
gaming by the licensee if that facilitation or
provision occurs solely to enable a venue
operator that holds a gaming machine
entitlement to conduct gaming through a
linked jackpot arrangement.".
9 Application for venue operator's licence
In section 3.4.8(1) of the Gambling Regulation
Act 2003, for "not a natural person" substitute
"a body corporate".
10 Nominee of licensee—increase in penalties
(1) For the penalty at the foot of section 3.4.14(1) of
the Gambling Regulation Act 2003 substitute—
"Penalty: 60 penalty units.".
(2) For the penalty at the foot of section 3.4.14(2) of
the Gambling Regulation Act 2003 substitute—
"Penalty: 60 penalty units.".
(3) For the penalty at the foot of section 3.4.14(3) of
the Gambling Regulation Act 2003 substitute—
"Penalty: 60 penalty units.".
s. 9
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11 Disciplinary action against venue operator
(1) In section 3.4.25(1) of the Gambling Regulation
Act 2003, in paragraph (d) of the definition of
disciplinary action, for "500" substitute "5000".
(2) In section 3.4.25(1) of the Gambling Regulation
Act 2003 for the definition of grounds for
disciplinary action substitute—
"grounds for disciplinary action, in relation to a
venue operator, means any of the
following—
(a) that the venue operator's licence was
obtained by a materially false or
misleading representation or in some
other improper way;
(b) that there have been repeated breaches
in the approved venue of rules made by
the Commission under section 3.5.23;
(c) that there has been a contravention of
section 3.2A.2, 3.2A.4, 3.2A.5
or 3.2A.6;
(d) that the venue operator has
contravened—
(i) the venue operator's licence; or
(ii) a provision of this Act (being a
provision a contravention of
which does not constitute an
offence); or
(iii) a condition imposed by the
Minister on a gaming machine
entitlement under section 3.4A.5;
or
(iv) an agreement referred to in section
3.4A.6, 3.4A.6A, 3.4A.11A
or 3.4A.17A;
s. 11
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(e) that the venue operator has been found
guilty of an offence—
(i) against a gaming Act or the
gaming regulations; or
(ii) an offence involving fraud or
dishonesty, whether or not in
Victoria, the maximum penalty for
which exceeds imprisonment for
3 months;
(f) that an associate of the venue operator
has been found guilty of an offence
involving fraud or dishonesty, whether
or not in Victoria, the maximum
penalty for which exceeds
imprisonment for 3 months;
(g) that the venue operator is not, or is no
longer, a suitable person to conduct the
activities authorised by the venue
operator's licence, having regard to the
matters set out in section 3.4.11(2);
(h) that the venue operator has repeatedly
breached the venue operator's self-
exclusion program;
(i) that the venue operator has repeatedly
breached the venue operator's
Responsible Gambling Code of
Conduct;
(j) that the venue operator has failed to
discharge financial obligations to a
player;".
12 Letter of censure
In section 3.4.26(2)(b) of the Gambling
Regulation Act 2003, for "500" substitute
"5000".
s. 12
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13 Minister may invite applications
In section 3.4.40(1)(b) of the Gambling
Regulation Act 2003, for "not a natural person"
substitute "a body corporate".
14 New sections 3.4.49A to 3.4.49C inserted
After section 3.4.49 of the Gambling Regulation
Act 2003 insert—
"3.4.49A Monitoring licensee must establish and
maintain approved linked jackpot trust
accounts
The monitoring licensee must establish and
maintain at an authorised deposit-taking
institution in the State a separate approved
linked jackpot trust account for each multiple
venue linked jackpot arrangement.
3.4.49B Operation of multiple venue linked
jackpot arrangements without approved
linked jackpot trust account prohibited
The monitoring licensee must not allow a
multiple venue linked jackpot arrangement to
operate unless an approved linked jackpot
trust account for that arrangement is
established.
3.4.49C Payments out of approved linked jackpot
trust accounts
(1) The monitoring licensee must pay out of an
approved linked jackpot trust account—
(a) only the amounts that are specified
under subsection (2); and
(b) only in accordance with a jackpot
financial administration services
agreement between the licensee and a
venue operator whose money has been
paid into the account.
s. 13
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(2) For the purposes of subsection (1)(a) the
amounts are—
(a) amounts to enable a venue operator to
pay jackpot prizes; and
(b) fees payable by the monitoring licensee
to the authorised deposit-taking
institution in relation to the approved
linked jackpot trust account; and
(c) other amounts of money paid into the
approved linked jackpot trust account
in accordance with a jackpot financial
administration services agreement
between the monitoring licensee and a
venue operator.".
15 Engaging contractors and appointing agents to
assist with monitoring
In section 3.4.54(2) of the Gambling Regulation
Act 2003, for "3.4.44" substitute "3.4.48".
16 Grounds for disciplinary action—monitoring licence
(1) In section 3.4.59D(d)(i) of the Gambling
Regulation Act 2003 omit "a condition of".
(2) In section 3.4.59D(e) of the Gambling
Regulation Act 2003, for "section 3.4.48
or 3.4.59" substitute "section 3.4.48, 3.4.48A,
3.4.59 or 3.4.59LA".
17 Suspension of licence
In the heading to section 3.4.59G of the
Gambling Regulation Act 2003 omit "pending
criminal proceedings".
s. 15
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18 New section 3.4.59GA inserted
After section 3.4.59G of the Gambling
Regulation Act 2003 insert—
"3.4.59GA Disciplinary and other action against
monitoring licensee—preparatory action
(1) Despite anything to the contrary in this
Division—
(a) the Commission may take or
recommend disciplinary action against
the monitoring licensee under
section 3.4.59E; or
(b) the Minister may—
(i) take disciplinary action under
section 3.4.59F against the
monitoring licensee; or
(ii) suspend the monitoring licence
under section 3.4.59G—
during the period in which the monitoring
licensee is authorised to take preparatory
action under section 3.4.52.
(2) Despite section 3.4.50(a), for the purpose of
subsection (1) the monitoring licence is
taken to be in effect.".
19 Appointment of a monitoring services provider after
monitoring licence suspended, cancelled or
surrendered
For section 3.4.59LG(2)(a) and (b) of the
Gambling Regulation Act 2003 substitute—
"(a) to—
(i) provide monitoring services; and
s. 18
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(ii) manage the business of the monitoring
licensee to the extent that the business
relates to the provision of monitoring
services; or
(b) to—
(i) carry out preparatory action within the
meaning of section 3.4.52(6); and
(ii) manage the business of the monitoring
licensee to the extent that the business
relates to the carrying out of
preparatory action within the meaning
of section 3.4.52(6).".
20 New section 3.4.68A inserted
After section 3.4.68 of the Gambling Regulation
Act 2003 insert—
"3.4.68A Publication of standard price lists
(1) A person listed on the Roll who
manufactures gaming machines must publish
or otherwise make available on request a
price list stating the prices of—
(a) gaming machines that the person may
sell to a venue operator; and
(b) the standard terms and conditions on
which that person will sell the gaming
machines.
(2) A price list published under this section must
include the prices at which gaming machines
may be sold in bulk.
(3) A price list under this section may be
published on the person's Internet site.".
s. 20
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21 Authority conferred by gaming machine
entitlements
(1) In section 3.4A.2(1) of the Gambling Regulation
Act 2003, for "section 3.4A.6" substitute
"section 3.4A.6 or 3.4A.6A".
(2) After section 3.4A.2(2) of the Gambling
Regulation Act 2003 insert—
"(3) A club gaming machine entitlement only
authorises the conduct of gaming by a venue
operator who holds a club venue operator's
licence.".
22 Minister may create and allocate gaming machine
entitlements
In section 3.4A.5(2)(a) of the Gambling
Regulation Act 2003, for "a notice" substitute
"an Order".
23 New section 3.4A.6B inserted
After section 3.4A.6A of the Gambling
Regulation Act 2003 insert—
"3.4A.6B No compensation payable because of
direction to enter related agreements
under section 3.4A.6A
No compensation is payable by the State
because of a direction under section 3.4A.6A
or the entering into an agreement in
compliance with a direction under
section 3.4A.6A.".
s. 21
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24 Gaming machine entitlements may authorise
preparatory action
In section 3.4A.9(6) of the Gambling Regulation
Act 2003—
(a) after paragraph (a) of the definition of
preparatory action insert—
"(ab) installing, or causing to be installed,
approved gaming machines in a gaming
machine area;";
(b) in paragraph (b) of the definition of
preparatory action, after "paragraph (a)"
insert "or (ab)".
25 States rights in relation to allocated gaming machine
entitlements
(1) In section 3.4A.10(b) of the Gambling
Regulation Act 2003 for "section 3.4A.6."
substitute "section 3.4A.6; and".
(2) After section 3.4A.10(b) of the Gambling
Regulation Act 2003 insert—
"(c) any agreement between the Minister and the
venue operator under section 3.4A.6A.".
26 No compensation payable because of direction to
enter related agreements under section 3.4A.11A
In the heading to section 3.4A.11B of the
Gambling Regulation Act 2003 after
"agreements" insert "under section 3.4A.11A".
s. 24
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27 New section 3.4A.11C inserted
After section 3.4A.11B of the Gambling
Regulation Act 2003 insert—
"3.4A.11C Payments for gaming machine
entitlements must be made to Commission
(1) A person to whom a gaming machine
entitlement is allocated under section 3.4A.5
must pay the amount or amounts determined
by the Minister under that section in respect
of the entitlement to the Commission, to be
paid into the Consolidated Fund.
(2) An amount under subsection (1) must be
paid in accordance with the terms of an
agreement referred to in section 3.4A.6
or 3.4A.6A.".
28 Gaming machine entitlements forfeited if venue
operator defaults under related agreement
In section 3.4A.27(1)(a) of the Gambling
Regulation Act 2003 after "section 3.4A.6" insert
"or 3.4A.6A".
29 No compensation payable because of forfeiture of
gaming machine entitlements
In section 3.4A.31 of the Gambling Regulation
Act 2003, for "Division 6, 7 or 8" substitute
"Division 6, 7, 8 or 8A".
30 Amounts owed to the State in relation to gaming
machine entitlements become immediately payable
In section 3.4A.32(1) of the Gambling
Regulation Act 2003, for "Division 6, 7 or 8"
substitute "Division 6, 7, 8 or 8A".
s. 27
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31 Payment of proceeds from forfeited gaming machine
entitlements that are allocated again
In section 3.4A.33(1) of the Gambling
Regulation Act 2003, for "Division 6, 7 or 8"
(wherever occurring) substitute "Division 6, 7, 8
or 8A".
32 Trade Practices Act and Competition Code
authorisation
(1) In section 3.4A.34(1)(c) of the Gambling
Regulation Act 2003, for "(whether amended or
not)." substitute "(whether amended or not);".
(2) After section 3.4A.34(1)(c) of the Gambling
Regulation Act 2003 insert—
"(d) all activities carried out by or on behalf of
the State for the purposes of this Act in
connection with—
(i) the creation of gaming machine
entitlements; or
(ii) the allocation of gaming machine
entitlements to venue operators,
including the allocation of gaming
machine entitlements forfeited to the
State under Division 6, 7 or 8.".
33 Further amendments to section 3.4A.34
(1) In section 3.4A.34(1)(d)(ii) of the Gambling
Regulation Act 2003, for "Division 6, 7 or 8."
substitute "Division 6, 7, 8 or 8A or purchased
under Division 5A;".
(2) After section 3.4A.34(1)(d)(ii) of the Gambling
Regulation Act 2003 insert—
"(iii) the purchase of gaming machine entitlements
under Division 5A.".
s. 31
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34 New Division 2A of Part 7 of Chapter 3 inserted
After Division 2 of Part 7 of Chapter 3 of the
Gambling Regulation Act 2003 insert—
"Division 2A—Approved linked jackpot trust
account compliance requirements
3.7.6 Banking
(1) The monitoring licensee must, from time to
time provide the Commission, as required,
and in a form approved by the Commission,
with a written authority addressed to the
authorised deposit-taking institution referred
to in section 3.4.49A authorising that
institution to comply with any requirements
of an inspector exercising powers under this
section.
Penalty: 100 penalty units.
(2) An inspector may, by notice in writing,
require the manager or other principal officer
of an authorised deposit-taking institution
referred to in section 3.4.49A to provide the
inspector with—
(a) a statement of an approved linked
jackpot trust account referred to in that
section; and
(b) any other particulars relating to the
account that are specified in the notice.
(3) A person to whom a notice is given under
subsection (2) must comply with the notice.
Penalty: 60 penalty units.
(4) An inspector cannot exercise a power under
subsection (2) without the prior written
approval of the Commission.
s. 34
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3.7.6AA Accounting records in relation to
approved linked jackpot trust accounts
(1) The monitoring licensee must keep
accounting records that correctly record and
explain the transactions relating to, and the
financial position of, each approved linked
jackpot trust account the licensee has
established.
Penalty: 60 penalty units.
(2) The monitoring licensee must keep the
accounting records referred to in
subsection (1) in the form required by the
Commission and in a manner that will enable
them to be conveniently and properly
audited.
Penalty: 60 penalty units.
3.7.6AB Functions of Commission under this
Division may be performed by any
commissioner
A function of the Commission under this
Division may be performed by any
commissioner.".
35 Directions to gaming operator to provide
information etc.
In section 3.7.6A(3)(b) of the Gambling
Regulation Act 2003, for "section 3.4.41(2)"
substitute "section 3.4.41A(2)".
36 Directions to monitoring licensee to provide
information etc.
In section 3.7.6B(3)(b) of the Gambling
Regulation Act 2003, for "section 3.4.41(2)"
substitute "section 3.4.41A(2)".
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37 Registration of interest—wagering and betting
licence
(1) After section 4.3A.3(4)(a) of the Gambling
Regulation Act 2003 insert—
"(ab) is a body corporate; and".
(2) In section 4.3A.3(4)(b) of the Gambling
Regulation Act 2003 omit "a natural person or".
38 Grounds for disciplinary action—wagering and
betting licence
(1) In section 4.3A.26(d)(i) of the Gambling
Regulation Act 2003 omit "a condition of".
(2) In section 4.3A.26(e) of the Gambling
Regulation Act 2003, for "section 4.3A.10
or 4.3A.20" substitute "section 4.3A.10,
4.3A.10AA, 4.3A.20 or 4.3A.34AA".
39 New section 4.3A.30A inserted
After section 4.3A.30 of the Gambling
Regulation Act 2003 insert—
"4.3A.30A Disciplinary and other action against
wagering and betting licensee—
preparatory action
(1) Despite anything to the contrary in this
Part—
(a) the Commission may take or
recommend disciplinary action against
the wagering and betting licensee under
section 4.3A.27; or
(b) the Minister may—
(i) take disciplinary action under
section 4.3A.28 against the
wagering and betting licensee; or
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(ii) suspend the wagering and betting
licence under section 4.3A.29—
during the period in which the wagering and
betting licensee is authorised to take
preparatory action under section 4.3A.12.
(2) Despite section 4.3A.11(1)(a), for the
purpose of subsection (1) the wagering and
betting licence is taken to be in effect.".
40 Trade Practices Act and Competition Code
(1) In sections 4.9.1(1)(c), (d) and (e) of the
Gambling Regulation Act 2003, after
"4.3A.10AA" insert ", 4.3A.31(2)".
(2) After section 4.9.1(1) of the Gambling
Regulation Act 2003 insert—
"(1A) For the purposes of the Trade Practices Act
1974 of the Commonwealth and the
Competition Code, the following things are
authorised by this Act—
(a) specified persons acting collectively or
in combination with others in, or with
respect to, the negotiation of, or giving
effect to—
(i) an arrangement referred to in
subsection (1)(c) (whether
amended or not); or
(ii) an amendment to an arrangement
referred to in subsection (1)(d);
(b) the giving of consent under
section 4.3A.34C.
(1B) Subsection (1A) applies to the things stated
in that subsection whether those things
happened before or happen on or after the
commencement of that subsection.".
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(3) In section 4.9.1(2) of the Gambling Regulation
Act 2003—
(a) in paragraph (b) of the definition of giving
effect to, for "arrangement." substitute
"arrangement;";
(b) after the definition of giving effect to insert
the following definition—
"specified persons means—
(a) Racing Victoria; and
(b) Harness Racing Victoria; and
(c) Greyhound Racing Victoria; and
(d) any other licensed racing club.".
41 Registration of interest—public lottery licence
In section 5.3.2A(3)(b) of the Gambling
Regulation Act 2003, for "not a natural person"
substitute "a body corporate".
42 Grounds for disciplinary action—public lottery
licence
For section 5.3.21(d) of the Gambling
Regulation Act 2003 substitute—
"(d) the licensee has contravened—
(i) the licence; or
(ii) the lottery rules;".
43 Registration of interest—keno licence
In section 6A.3.3(4)(b) of the Gambling
Regulation Act 2003, for "not a natural person"
substitute "a body corporate".
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44 Grounds for disciplinary action—keno licence
(1) In section 6A.3.26(d)(i) of the Gambling
Regulation Act 2003 omit "a condition of".
(2) In section 6A.3.26(e) of the Gambling
Regulation Act 2003, for "section 6A.3.10 or
6A.3.20" substitute "section 6A.3.10, 6A.3.10A,
6A.3.20 or 6A.3.34A".
45 New section 6A.3.30A inserted
After section 6A.3.30 of the Gambling
Regulation Act 2003 insert—
"6A.3.30A Disciplinary and other action against keno
licensee—preparatory action
(1) Despite anything to the contrary in this
Part—
(a) the Commission may take or
recommend disciplinary action against
the keno licensee under section
6A.3.27; or
(b) the Minister may—
(i) take disciplinary action under
section 6A.3.28 against the keno
licensee; or
(ii) suspend the keno licence under
section 6A.3.29—
during the period in which the keno licensee
is authorised to take preparatory action under
section 6A.3.12.
(2) Despite section 6A.3.11(1)(a), for the
purpose of subsection (1) the keno licence is
taken to be in effect.".
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46 Minor gaming must be in accordance with
Chapter etc.
In section 8.2.2 of the Gambling Regulation Act
2003, after "regulations" insert ", any applicable
rules made by the Commission under
section 8.4.2D".
47 Definitions—disciplinary action against community
or charitable organisations in relation to bingo
In section 8.4.17 of the Gambling Regulation
Act 2003, in paragraph (b) of the definition of
grounds for disciplinary action, for "or the
regulations" substitute ", the regulations or any
applicable rules made by the Commission under
section 8.4.2D".
48 Disciplinary action—bingo centre operators
In section 8.5.13 of the Gambling Regulation
Act 2003, in paragraph (c) of the definition of
grounds for disciplinary action, for "or the
regulations" substitute ", the regulations or the
rules made by the Commission under
section 8.4.2D".
49 New section 10.2A.11 substituted
For section 10.2A.11 of the Gambling
Regulation Act 2003 substitute—
"10.2A.11 Publication of Review Panel reports
(1) The Minister must give a copy of each report
of the Review Panel to the Secretary as soon
as practicable after receiving it.
(2) The Minister must cause a copy of each
report to be presented to each House of the
Parliament—
(a) in the case of a report with respect to
the regulatory review, within 7 sitting
days of the House after the Minister
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publicly announces the government's
decision on the regulatory review;
(b) in the case of a report with respect to
the authorisation and licensing process,
within 7 sitting days of the House after
the Minister publicly announces the
grant or issue of an authorisation or
licence that is the subject of a report;
(c) in any other case, at the time
determined by the Minister.
(3) If the Minister receives a report when
Parliament is in recess, the Minister may
give a copy of the report to the clerk of each
House of the Parliament.
(4) If the clerk of each House of the Parliament
receives a copy of a report under subsection
(3), the clerk of each House of the
Parliament must—
(a) as soon as practicable after the report is
received, notify each member of the
House of the receipt of the report and
advise that the report is available upon
request; and
(b) give a copy of the report to any member
of the House upon request to the clerk;
and
(c) cause the report to laid before the
House on the next sitting day of the
House.
(5) The Secretary must cause a copy of each
report received under subsection (1) to be
published on an appropriate Internet site as
soon as practicable after—
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(a) the copy of the report has been
presented to each House of the
Parliament by the Minister under
subsection (2); or
(b) the copy of the report has been given to
the clerk of each House of the
Parliament by the Minister under
subsection (3).
(6) Before complying with subsection (1) or (2),
or doing a thing under subsection (3), the
Minister may exclude information from the
report if the Minister has received advice
from the Victorian Government Solicitor that
the information is—
(a) protected information; or
(b) information that is or could be the
subject of legal professional privilege
or client legal privilege.
(7) A report that is given to the clerks under
subsection (3) is taken to have been
published by order, or under the authority, of
the Houses of the Parliament.
(8) The publication of a report by the Secretary
under this section is absolutely privileged
and the provisions of sections 73 and 74 of
the Constitution Act 1975 and of any other
enactment or rule of law relating to the
publication of the proceedings of the
Parliament apply to and in relation to the
publication of the report as if it were a report
to which those sections applied and had been
published by the Government Printer under
the authority of the Parliament.
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(9) For the purposes of this section, the
Parliament is in recess when each House
stands adjourned to a date to be fixed by the
presiding officer of that House."
50 Police inquiry and report—applications
For section 10.4.4(1) of the Gambling
Regulation Act 2003 substitute—
"(1) The Commission must refer to the Chief
Commissioner of Police—
(a) details of an application; and
(b) a copy of any photograph, finger prints
and palm prints obtained under section
10.4.3; and
(c) any other information from or
concerning an application that the Chief
Commissioner of Police considers he or
she needs to inquire into and report on
the application.".
51 Police inquiry and report—applications for
wagering and betting licence and keno licence
(1) For section 10.4.7D(1) of the Gambling
Regulation Act 2003 substitute—
"(1) If the Secretary has requested the
Commission to carry out an investigation or
inquiry under section 10.4.7B, the
Commission must refer to the Chief
Commissioner of Police—
(a) details of the application or registration
of interest; and
(b) a copy of any photograph, finger prints
and palm prints obtained under section
10.4.7C; and
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(c) any other information from or
concerning the application or
registration of interest that the Chief
Commissioner of Police considers he or
she needs to inquire into and report on
the application or registration of
interest.".
(2) In section 10.4.7D(2) of the Gambling
Regulation Act 2003, for "regarding" substitute
"concerning".
52 Police inquiry and report—transfers of monitoring
licence, wagering and betting licence and keno
licence and temporary licensing
For section 10.4.7L(1)(a) and (b) of the Gambling
Regulation Act 2003 substitute—
"(a) in the case of the application to transfer a
relevant licence—
(i) details of the application; and
(ii) a copy of any photograph, finger prints
and palm prints obtained under section
10.4.7K; and
(iii) any other information from or
concerning the application that the
Chief Commissioner of Police
considers he or she needs to inquire
into and report on the application;
(b) in the case of the issue of a temporary
licence—
(i) a copy of any photograph, finger prints
and palm prints obtained under section
10.4.7K; and
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(ii) any other information concerning the
temporary licence that the Chief
Commissioner of Police considers he or
she needs to inquire into and report on
the temporary licence.".
53 Definitions—suitability of persons for invitation,
and to apply, for monitoring licence
In section 10.4.7P of the Gambling Regulation
Act 2003, for the definition of pending applicant
substitute—
"pending applicant means a person the Minister
has invited to apply for the monitoring
licence but that has not applied for the
monitoring licence under section 3.4.42;".
54 Police inquiry and report—suitability of persons for
invitation, and to apply, for monitoring licence
For section 10.4.7S(1) of the Gambling
Regulation Act 2003 substitute—
"(1) If the Secretary has requested the
Commission to carry out an investigation or
inquiry under section 10.4.7Q, the
Commission must refer to the Chief
Commissioner of Police—
(a) details of the request of the Secretary;
and
(b) a copy of any photograph, finger prints
and palm prints obtained under section
10.4.7R; and
(c) any other information concerning the
request that the Chief Commissioner of
Police considers he or she needs to
inquire into and report on the request.".
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55 Policy inquiry and report—applications for
monitoring licence
For section 10.4.7ZB(1) of the Gambling
Regulation Act 2003 substitute—
"(1) If the Secretary has requested the
Commission to carry out an investigation or
inquiry under section 10.4.7Z, the
Commission must refer to the Chief
Commissioner of Police—
(a) details of the application; and
(b) a copy of any photograph, finger prints
and palm prints obtained under section
10.4.7ZA; and
(c) any other information from or
concerning the application that the
Chief Commissioner of Police
considers he or she needs to inquire
into and report on the application.".
56 Supreme Court—limitation of jurisdiction
(1) In section 11.1.7(1) of the Gambling Regulation
Act 2003, for "sections 3.2.5 and 4.3.26(7)"
substitute "section 3.2.5".
(2) Section 11.1.7(2) of the Gambling Regulation
Act 2003 is repealed.
Division 2—Associates
57 Definitions for purpose of Act
In section 1.3(1) of the Gambling Regulation
Act 2003 insert the following definition—
"gambling industry participant means—
(a) a bingo centre operator; or
(b) a holder of a commercial raffle
organiser's licence; or
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(c) a gaming operator; or
(d) a holder of an interactive gaming
licence; or
(e) the keno licensee; or
(f) the monitoring licensee; or
(g) a registered bookmaker; or
(h) a public lottery licensee; or
(i) a registered bookmaker's key employee;
or
(j) a venue operator; or
(k) the wagering and betting licensee; or
(l) the holder of the wagering licence; or
(m) a person listed on the Roll;".
58 Who is an associate?
(1) In section 1.4(1) of the Gambling Regulation
Act 2003, for "person (the first person)"
substitute "gambling industry participant".
(2) In section 1.4(1) of the Gambling Regulation
Act 2003, for "first person" (wherever occurring)
substitute "gambling industry participant".
(3) In section 1.4(2) of the Gambling Regulation
Act 2003 omit "Division 3A of Part 4 of
Chapter 3 (Regulation of Shareholding Interests of
Gaming Operator) or Division 5 of Part 3 of
Chapter 4 (Regulation of Shareholding Interests in
Wagering and Gaming Licensee) or".
(4) For the note at the foot of section 1.4(2) of the
Gambling Regulation Act 2003 substitute—
"Note
Section 4.3A.34A defines associate for the purposes of
Division 6A of Part 3A of Chapter 4.".
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59 New Part 4A of Chapter 10 inserted
After Part 4 of Chapter 10 of the Gambling
Regulation Act 2003 insert—
"PART 4A—MONITORING OF
RELATIONSHIPS WITH ASSOCIATES
Division 1—Interpretation
10.4A.1 Definitions
In this Part—
associate suitability criteria, in relation to an
associate, or a person who may become
an associate, of a gambling industry
participant, means—
(a) whether the person is of good
repute, having regard to character,
honesty and integrity;
(b) whether the person is of sound and
stable financial background;
(c) whether the person has any
business association with any
person, body or association who
or which, in the opinion of the
Commission, is not of good repute
having regard to character,
honesty and integrity or has
undesirable or unsatisfactory
financial resources;
listed corporation has the same meaning as
in section 9 of the Corporations Act;
listed gambling industry participant means
a gambling industry participant that is a
listed corporation;
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voting share in relation to a gambling
industry participant, has the same
meaning as in section 9 of the
Corporations Act.
10.4A.2 Relevant interests
For the purposes of this Part, a person has a
relevant interest in a share if, and only if, the
person would be taken to have a relevant
interest in the share because of sections 608
and 609 of the Corporations Act.
10.4A.3 References to the Corporations Act
A reference in this Part to the Corporations
Act is a reference to that Act as it would
apply if references in that Act to a body
corporate, corporation or company included
references to—
(a) a body corporate of any kind wherever
formed or incorporated and whether
formed or incorporated under that Act
or any other law; and
(b) any unincorporated body, being a
society, association, company of
proprietors or other body, wherever
formed, that, under the law of its place
of formation, may sue or be sued, or
may hold property in the name of the
secretary or some other officer of the
society, association or body, or in the
name of any trustee or trustees; and
(c) any unincorporated body, being a
society, association, company of
proprietors or other body or
undertaking to which is applied, under
the laws of the place of its formation,
with or without exceptions, a law in
force in that place relating to companies
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or corporations as if it were a company
or corporation within the meaning of
that Act.
Division 2—Notifications in relation to
associates
10.4A.4 Change in situation of gambling industry
participants, associates etc.
(1) Whenever a change of a kind specified by
the Commission in writing given to a person
who is—
(a) a gambling industry participant; or
(b) an associate of a participant; or
(c) a nominee of a participant (if the
participant is required under the Act to
have a nominee)—
takes place in the situation existing in
relation to that person, the person must
notify the Commission in writing of the
change within 14 days after it takes place.
Penalty: 60 penalty units.
(2) A function of the Commission under this
section may be performed by any
commissioner.
10.4A.5 Notification of Commission of persons
who are likely to become associates
A gambling industry participant must notify
the Commission in writing that a person is
likely to become an associate of the
participant of the kind referred to in section
1.4(1)(a) or (b) as soon as practicable after
the participant becomes aware of the
likelihood.
Penalty: 60 penalty units.
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10.4A.6 Notification of Commission of persons
who have become associates
A gambling industry participant must notify
the Commission in writing of any person
becoming an associate of the participant—
(a) of the kind referred to in section
1.4(1)(a) or (b); and
(b) in respect of whom no approval has
been granted under section 10.4A.7—
within 7 days after becoming aware that the
person has become an associate.
Penalty: 60 penalty units.
Division 3—Commission approval
10.4A.7 Prior Commission approval required
before certain persons become associates
(1) A gambling industry participant must ensure
that a person does not become an associate
of the kind referred to in section 1.4(1)(a)
or (b) except with the prior approval in
writing of the Commission.
Penalty: 60 penalty units.
(2) On application by a gambling industry
participant, the Commission may grant its
approval, but must not grant its approval
unless satisfied that the person is suitable to
be concerned in or associated with the
gambling business of the gambling industry
participant.
(3) In determining whether the person is a
suitable person to be concerned in or
associated with the gambling business of the
gambling industry participant, the
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Commission must have regard to the
associate suitability criteria.
(4) If the Commission refuses to grant its
approval—
(a) the Commission must notify the
gambling industry participant in
writing; and
(b) to the extent that it is within the
gambling industry participant's power
to do so, the participant must ensure—
(i) that the person does not become
an associate; or
(ii) if the person becomes or has
become an associate, that the
person ceases to be an associate of
the licensee within 28 days after
the licensee is notified by the
Commission under paragraph (a).
(5) An approval under this section may be
granted subject to any conditions that the
Commission thinks fit.
Note
Division 1 of Part 4 of Chapter 10 provides for the
investigation of an application to approve a person to
become an associate of a gambling industry participant.
Division 4—Termination of associations,
warnings and undertakings
10.4A.8 Termination of association
(1) This section applies if—
(a) a person is an associate of a gambling
industry participant within the meaning
of section 1.4(1)(a) or (b); and
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(b) the Commission, having regard to the
associate suitability criteria, determines
that the associate is unsuitable to be
concerned in or associated with the
gambling business of the gambling
industry participant.
(2) The Commission may, by notice in writing,
require the associate to terminate the
association with the gambling industry
participant.
(3) An associate who is given written notice
under subsection (2) must terminate the
associate's association with the gambling
industry participant within 14 days or any
longer period agreed with the Commission.
(4) If the association is not terminated within
14 days after the date of the notice referred
to in subsection (2) or any longer period
agreed with the Commission, the
Commission may, by notice in writing, direct
the gambling industry participant to take all
reasonable steps to terminate the association.
(5) A gambling industry participant must
comply with the direction under subsection
(4) within 14 days or any longer period
agreed with the Commission.
10.4A.9 Written warnings and undertakings in
relation to conduct of associates
(1) If the Commission determines that an
associate of a gambling industry participant
has engaged or is engaging in conduct that,
in the Commission's opinion, is unacceptable
for a person who is concerned in or
associated with the gambling business of the
gambling industry participant, the
Commission may—
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(a) issue a written warning to the associate
that the conduct is unacceptable; or
(b) give written notice to the associate
requiring the associate to give a written
undertaking to the Commission, within
the period specified in the notice,
regarding the future conduct of the
associate.
(2) If the associate fails to give an undertaking
required under subsection (1)(b) or breaches
an undertaking given under that provision,
the Commission may give the associate
written notice requiring the associate to
terminate, within 14 days or a longer period
agreed with the Commission, the association
with the gambling industry participant.
(3) If the association is not terminated within
14 days after the date of the notice referred
to in subsection (2) or any longer period
agreed with the Commission, the
Commission may, by notice in writing, direct
the gambling industry participant to take all
reasonable steps to terminate the association.
(4) A gambling industry participant must
comply with the direction under subsection
(3) within 14 days or any longer period
agreed with the Commission.
Division 5—Forfeiture and sale of shares in
gambling industry participants
10.4A.10 Disposal, forfeiture etc. of shares
(1) This section applies if after considering a
report under section 10.4A.14, the Minister
considers that—
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(a) a person who is the subject of the report
has a relevant interest in shares in a
listed gambling industry participant and
because of that interest is an associate
of the participant of the kind referred to
in section 1.4(1)(a); and
(b) the person is not suitable to be
concerned in or associated with the
gambling business of the listed
gambling industry participant (the
unsuitable associate).
(2) The Minister may, by notice in writing
served on—
(a) if the unsuitable associate holds voting
shares in the listed gambling industry
participant in which the unsuitable
associate has a relevant interest—the
unsuitable associate; or
(b) any other person who holds voting
shares in the listed gambling industry
participant in which the unsuitable
associate has a relevant interest—
declare that the unsuitable associate or that
other person must, within a period specified
in the notice, dispose of the relevant number
of those shares or a specified number of
those shares not exceeding the relevant
number.
(3) A period specified in a notice under
subsection (2) must not be less than
3 months commencing on the day the notice
is served.
(4) For the purposes of subsection (2), the
relevant number of shares that an unsuitable
associate or other person may be required by
a notice under that subsection to dispose of is
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the number of shares held by the unsuitable
associate or other person that would need to
be so disposed of in order to cause the
unsuitable associate to cease to be an
associate of the listed gambling industry
participant.
(5) For the purposes of this section, an
unsuitable associate or other person is not to
be taken to have disposed of shares in the
listed gambling industry participant in which
an unsuitable associate has a relevant interest
unless and until the unsuitable associate or
other person ceases to hold the shares and
the unsuitable associate ceases to have a
relevant interest in them.
(6) If an unsuitable associate or other person
served with a notice of a declaration under
subsection (2) requiring the associate or
person to dispose of shares in the listed
gambling industry participant fails to comply
with the notice within the period specified in
the notice, the shares to which the notice
relates are, by force of this subsection,
forfeited to the State.
(7) The Minister must cause written notice of a
declaration under subsection (2) requiring an
unsuitable associate or other person to
dispose of shares in the listed gambling
industry participant to be served on the listed
gambling industry participant.
10.4A.11 Sale of forfeited shares
(1) The Commission is to sell any shares
forfeited to the State under this Division.
(2) For the purposes of any such sale, the
Commission is not bound by any restriction
on the sale of shares contained in the
s. 59
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Part 2—Amendment of the Gambling Regulation Act 2003
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40
constitution of the gambling industry
participant.
(3) Any money realised from the sale of
forfeited shares under this section must, after
deduction of the reasonable costs of the
forfeiture and sale, be paid to the person
from whom the shares were forfeited.
Division 6—Investigations for purposes of
Divisions 4 and 5
10.4A.12 Investigation of associates and others
(1) For the purposes of Divisions 4 and 5, the
Commission may from time to time
investigate—
(a) an associate, a person likely to become
an associate, or a person the
Commission suspects is an associate of
a gambling industry participant; or
(b) any person, body or association having
a business association with an associate
of a gambling industry participant.
(2) The Commission—
(a) may require an associate, a person
likely to become an associate or a
person the Commission suspects is an
associate to consent to having his or her
photograph, finger prints and palm
prints taken; and
(b) must refer a copy of such photograph,
finger prints and palm prints and any
supporting documents to the Chief
Commissioner of Police.
(3) A function of the Commission under this
section may be performed by any
commissioner.
s. 59
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10.4A.13 Provision of information to Commission
(1) For the purpose of any investigation under
this Division, the Commission may, by
notice in writing, require a regulated
person—
(a) to provide the Commission or an
authorised person, in accordance with
directions in the notice, with any
information as is specified in the notice
that is—
(i) relevant to the regulated person;
or
(ii) relevant to the gambling business
of the gambling industry
participant; or
(iii) otherwise required by the
Commission; or
(b) to produce to the Commission or an
authorised person, in accordance with
the directions in the notice, any records
or documents specified in the notice
that are—
(i) relevant to the regulated person;
or
(ii) relevant to the gambling business
of the gambling industry
participant; or
(iii) otherwise required by the
Commission—
and to permit examination of those
records or documents, the taking of
extracts from them and the making of
copies of them; or
s. 59
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(c) to attend before the Commission or an
authorised person for examination, and
to answer questions, in relation to any
matters—
(i) relevant to the regulated person;
or
(ii) relevant to the gambling business
of the gambling industry
participant; or
(iii) otherwise required by the
Commission.
(2) If records or documents are produced under
this section, the Commission or authorised
person to whom they are produced may
retain possession of the records or
documents for such period as may
reasonably be necessary to permit
examination of the records or documents, the
taking of extracts from them and the making
of copies of them.
(3) At any reasonable times during the period for
which records or documents are retained, the
Commission or authorised person must
permit inspection of the records or
documents by a person who would be
entitled to inspect them if they were not in
the possession of the Commission or an
authorised person.
(4) A person incurs, with a requirement of a
notice under this section, no liability for
breach of contract, breach of confidence or
any other civil wrong.
(5) In this section—
regulated person means—
(a) a gambling industry participant; or
s. 59
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(b) a person who in the opinion of the
Commission is an associate of a
gambling industry participant.
10.4A.14 Reports to Minister
(1) The Commission must make a written report
to the Minister on any investigation under
this Division if after that investigation the
Commission considers that—
(a) a person has a relevant interest in the
shares in a listed gambling industry
participant and because of that interest
is an associate of the listed gambling
industry participant of the kind referred
to in section 1.4(1)(a); and
(b) the person is not suitable to be
concerned in or associated with the
gambling business of the listed
gambling industry participant.
(2) The report must contain—
(a) an explanation of the relevant interest
the person has in the listed gambling
industry participant and how, by having
that interest, the person is an associate
of the listed gambling industry
participant; and
(b) the reasons why the Commission
considers that the person is not suitable
to be concerned in or associated with
the gambling business of the listed
gambling industry participant.".
s. 59
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Part 2—Amendment of the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
44
60 Investigations and inquiries for approval of
associates
(1) For section 10.4.1(cb) of the Gambling
Regulation Act 2003 substitute—
"(cb) an application for approval to become an
associate of a gambling industry participant
under section 10.4A.7;".
(2) For section 10.4.2(2)(a)(vi) of the Gambling
Regulation Act 2003 substitute—
"(vi) approval to become an associate of a
gambling industry participant under
section 10.4A.7;".
(3) For section 10.4.3(3)(a)(v) of the Gambling
Regulation Act 2003 substitute—
"(v) approval to become an associate of a
gambling industry participant under
section 10.4A.7;".
(4) For section 10.4.4(3)(a)(v) of the Gambling
Regulation Act 2003 substitute—
"(v) approval to become an associate of a
gambling industry participant under
section 10.4A.7;".
(5) For section 10.4.5(3)(a)(v) of the Gambling
Regulation Act 2003 substitute—
"(v) approval to become an associate of a
gambling industry participant under
section 10.4A.7;".
(6) For section 10.4.6(5)(f) of the Gambling
Regulation Act 2003 substitute—
"(f) approval to become an associate of a
gambling industry participant under
section 10.4A.7;".
s. 60
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Part 2—Amendment of the Gambling Regulation Act 2003
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
45
61 Consequential repeals
(1) Division 3A of Part 4 of Chapter 3 of the
Gambling Regulation Act 2003 is repealed.
(2) Part 8 of Chapter 3 of the Gambling Regulation
Act 2003 is repealed.
(3) Division 5 of Part 3 of Chapter 4 of the Gambling
Regulation Act 2003 is repealed.
(4) Part 6 of Chapter 5 of the Gambling Regulation
Act 2003 is repealed.
(5) Part 7 of Chapter 7 of the Gambling Regulation
Act 2003 is repealed.
(6) Sections 4.3.30, 4.3.30A, 4.3.30B, 4.3.30C,
4.3A.25, 4.5A.17, 5.7.17, 6A.3.25, 8.5.39, 8.5.40,
8.5.41, 8.5A.20, 8.5A.21 and 8.5A.22 of the
Gambling Regulation Act 2003 are repealed.
__________________
s. 61
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Part 3—Amendment of the Gambling Regulation Further Amendment Act
2009
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
46
PART 3—AMENDMENT OF THE GAMBLING REGULATION
FURTHER AMENDMENT ACT 2009
62 Application for approval of premises
In section 12(2) of the Gambling Regulation
Further Amendment Act 2009, for proposed
section 3.3.4(3)(bb) of the Gambling Regulation
Act 2003 substitute—
"(bb) evidence that the owner or a person
authorised by the owner has complied with
section 3.3.5; and".
63 New section 13 substituted
For section 13 of the Gambling Regulation
Further Amendment Act 2009 substitute—
'13 New section 3.3.5 substituted and new
sections 3.3.5AA, 3.3.5AB, 3.3.5A and
3.3.5B inserted
For section 3.3.5 of the Principal Act
substitute—
"3.3.5 Proposed application must be given
to relevant responsible authority
before application is made
The owner of premises or a person
authorised by the owner who proposes
to apply under section 3.3.4 for
approval of the premises as suitable for
gaming must give to the relevant
responsible authority within the
meaning of the Planning and
Environment Act 1987 a copy of the
proposed application before making the
application under that section.
s. 62
See:
Act No.
58/2009.
Statute Book:
www.
legislation.
vic.gov.au
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3.3.5AA Commission to notify relevant
responsible authority of receipt of
application
The Commission, on receiving an
application under section 3.3.4, must
notify the relevant responsible authority
in writing that it has received the
application.
3.3.5AB Amendment of application for
premises approval
(1) An applicant may amend an application
made under section 3.3.4 for the
approval of premises as suitable for
gaming before the Commission
determines the application under
section 3.3.8. The applicant may do so
by submitting the application, with the
amendments, to the Commission.
(2) The applicant must also give a copy of
the application, as amended, to the
relevant responsible authority on the
same day the applicant submits the
amended application to the
Commission.
3.3.5A No change permitted to number of
gaming machines sought in
application after certain period
Despite section 3.3.5AB, the applicant
cannot, in an amended application
submitted under that section, change
the number, stated in the application, of
gaming machines sought to be
permitted on the premises for gaming
once the first 30 days after giving the
relevant responsible authority a copy of
s. 63
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the proposed application under section
3.3.5 elapse.
3.3.5B Relevant responsible authority must
notify Commission of intention to
make submission
The relevant responsible authority must
notify the Commission in writing as to
whether it intends to make a submission
under section 3.3.6 in respect of any
application or amended application
within 37 days after receiving a notice
under section 3.3.5AA or a copy of the
amended application under section
3.3.5AB(2), as the case may be.".'.
64 Responsible authority may make submission
In section 14(2) of the Gambling Regulation
Further Amendment Act 2009, in proposed
section 3.3.6(3) of the Gambling Regulation Act
2003, for "receives a copy of the proposed
application under section 3.3.5(1)" substitute
"receives a notice under section 3.3.5AA or a
copy of an amended application under section
3.3.5AB(2), as the case may be".
65 Determination of application
(1) For section 16 of the Gambling Regulation
Further Amendment Act 2009 substitute—
'16 Determination of application
After section 3.3.8(1) of the Principal Act
insert—
"(1A) The Commission must use its
reasonable endeavours to determine an
application within the required period.
s. 64
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Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
49
(1B) For the purposes of subsection (1A) the
required period is—
(a) 60 days after receiving a
notification from the relevant
responsible authority under
section 3.3.5B that it does not
intend to make a submission under
section 3.3.6 (whether or not a
submission has been made on the
application before the application
was amended);
(b) if a submission is made by the
authority under section 3.3.6 and
no amendment in respect of the
application has been submitted to
the Commission, 60 days after the
making of the submission;
(c) if an amendment in respect of the
application has been submitted to
the Commission and a submission
has been made by the authority
under section 3.3.6 in relation to
the application as amended,
60 days after the making of the
submission.
(1C) Subsection (1B)(c) applies even if the
relevant responsible authority has made
a submission under section 3.3.6 on the
application before the application was
amended.
(1D) If the Commission does not determine
the application within the required
period specified under subsection (1A),
the Commission is to be taken to have
refused to grant the approval.".'.
s. 65
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Part 3—Amendment of the Gambling Regulation Further Amendment Act
2009
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
50
66 Section 21 substituted
For section 21 of the Gambling Regulation
Further Amendment Act 2009 substitute—
'21 Proposal of amendment by operator
For section 3.4.18(2) of the Principal Act
substitute—
"(2) If the request is for an amendment to
increase the number of gaming
machines permitted in an approved
venue, the venue operator must give the
municipal council of the municipal
district in which the approved venue is
located a copy of the proposed request
before submitting the request to the
Commission.
(2A) If the request is for an amendment to
increase the number of gaming
machines permitted in an approved
venue, unless the Commission
considers there are exceptional
circumstances, the venue operator must
submit the request to the Commission
within 3 days after giving a copy of the
proposed request to the municipal
council under subsection (2).
(2B) If the Commission considers there are
exceptional circumstances, the
Commission, by written notice given to
the venue operator, may extend the
period of time within which the venue
operator may submit the request.".'.
s. 66
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Part 3—Amendment of the Gambling Regulation Further Amendment Act
2009
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
51
67 Section 22 substituted
For section 22 of the Gambling Regulation
Further Amendment Act 2009 substitute—
'22 New sections 3.4.18A, 3.4.18B and 3.4.18C
inserted
After section 3.4.18 of the Principal Act
insert—
"3.4.18A Commission to notify municipal
council of receipt of proposal
The Commission, on receiving a
request for amendment by a venue
operator to increase the number of
gaming machines permitted in an
approved venue under section
3.4.17(4), must notify the municipal
council of the municipal district in
which the approved venue is located in
writing that it has received the request.
3.4.18B Amendment of proposal to increase
number of gaming machines
permitted in an approved venue
(1) A venue operator who has requested an
amendment to increase the number of
gaming machines permitted in an
approved venue under section 3.4.17(4)
may only amend the request within
30 days after giving the municipal
council of the municipal district in
which the approved venue is located a
copy of the proposed request under
section 3.4.18(2). The venue operator
may do so by submitting the request,
with the amendments, to the
Commission.
s. 67
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52
(2) The venue operator must also give a
copy of the request, as amended, to the
municipal council on the same day the
venue operator submits the request to
the Commission.
3.4.18C Municipal council must notify
Commission of intention to make
submission
The municipal council must notify the
Commission in writing as to whether it
intends to make a submission under
section 3.4.19 in respect of any request
or amended request within 37 days after
receiving a notice under section
3.4.18A or a copy of the amended
request under section 3.4.18B(2), as the
case may be.".'.
68 Submissions on proposed amendments
(1) In section 23(1) of the Gambling Regulation
Further Amendment Act 2009, for proposed
section 3.4.19(1A) of the Gambling Regulation
Act 2003 substitute—
"(1A) Unless the Commission considers there are
exceptional circumstances, a submission
must be made within 60 days after the
municipal council receives notice under
section 3.4.18A or a copy of an amended
request under section 3.4.18B(2), as the case
may be.".
(2) In section 23(1) of the Gambling Regulation
Further Amendment Act 2009, in proposed
section 3.4.19(1B) of the Gambling Regulation
Act 2003 omit "or there is a change, in the request
for an amendment, to the number of gaming
machines sought to be permitted in the premises
for gaming,".
s. 68
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Part 3—Amendment of the Gambling Regulation Further Amendment Act
2009
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
53
69 Section 24 substituted
For section 24 of the Gambling Regulation
Further Amendment Act 2009 substitute—
'24 Determination of application
After section 3.4.20(2) of the Principal Act
insert—
"(2A) In the case of a proposed amendment to
increase the number of gaming
machines permitted in an approved
venue, the Commission must use its
reasonable endeavours to decide
whether to make the proposed
amendment within the required period.
(2B) For the purposes of subsection (2A) the
required period is—
(a) 60 days after receiving
notification from the municipal
council under section 3.4.18C that
it does not intend to make a
submission under section 3.4.19
(whether or not a submission has
been made on the request before
the request was amended);
(b) if a submission is made by the
municipal council under section
3.4.19 and no amendment in
respect of the request has been
submitted to the Commission,
60 days after the making of the
submission;
(c) if an amendment in respect of the
request has been submitted to the
Commission and a submission has
been made by the municipal
council under section 3.4.19 in
relation to the request as amended,
s. 69
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54
60 days after the making of the
submission.
(2C) Subsection (2B)(c) applies even if the
municipal council has made a
submission under section 3.4.19 on the
request before the request was
amended.
(2D) If the Commission does not make a
decision within the required period
specified under subsection (2A), the
Commission is taken to have refused to
make the proposed amendment.".'.
70 Amendment of public lottery licence
Section 85(2) of the Gambling Regulation
Further Amendment Act 2009 is repealed.
71 Public hearings for amendments to venue operators'
licences to increase gaming machine numbers
In section 108 of the Gambling Regulation
Further Amendment Act 2009, for proposed
section 10.1.22(2)(c)(iiia) of the Gambling
Regulation Act 2003 substitute—
"(iiia) 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;".
__________________
s. 70
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Part 4—Amendment of the Casino Control Act 1991
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
55
PART 4—AMENDMENT OF THE CASINO CONTROL
ACT 1991
72 Cancellation, suspension or variation of casino
licence
In section 20(1) of the Casino Control Act 1991,
in paragraph (b) of the definition of grounds for
disciplinary action after "this Act" insert "or the
Gambling Regulation Act 2003".
__________________
s. 72
See:
Act No.
47/1991.
Reprint No. 7
as at
5 April 2006
and
amending
Act Nos
24/2006,
79/2006,
22/2007,
72/2007,
71/2008,
3/2009,
29/2009,
68/2009 and
84/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 60 of 63 --
Part 5—Amendment of the Confiscation Act 1997
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
56
PART 5—AMENDMENT OF THE CONFISCATION ACT 1997
73 Amendment of Schedule 1
In item 10(q) of Schedule 1 to the Confiscation
Act 1997 omit "and minor gaming permit".
__________________
s. 73
See:
Act No.
108/1997.
Reprint No. 5
as at
26 September
2007
and
amending
Act Nos
12/2008,
34/2008,
52/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
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Part 6—Repeal of Amending Act
Gambling Regulation Amendment (Licensing) Act 2010
No. 56 of 2010
57
PART 6—REPEAL OF AMENDING ACT
74 Repeal of Act
This Act is repealed on 1 September 2013.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
s. 74
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No. 56 of 2010
58
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 15 April 2010
Legislative Council: 24 June 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the
Gambling Regulation Act 2003, the Gambling Regulation Further
Amendment Act 2009, the Casino Control Act 1991, the Confiscation
Act 1997 and for other purposes."
Endnotes
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