Gambling Regulation Amendment Act 2009

i Gambling Regulation Amendment Act 2009 No. 43 of 2009 TABLE OF PROVISIONS Section Page 1 Purposes 1 2 Commencement 2 3 Principal Act 2 4 Extension of gaming operator's licence 2 5 Gaming machine entitlements that are transferred before the specified date 3 6 Exemption from requirement to pay 75% of prescribed profit obtained on transfer 4 7 Definition of participants 4 8 Minister may declare company to be participant 4 9 Ownership and related person restrictions 5 10 Application for venue operator's licence 5 11 Repeal of Act 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Gambling Regulation Amendment Act 2009 † No. 43 of 2009 [Assented to 5 August 2009] The Parliament of Victoria enacts: 1 Purposes The main purposes of this Act are to amend the Gambling Regulation Act 2003— (a) to provide for an extension of the term of the gaming operator's licence; and (b) to increase the amount of prescribed profit that a venue operator must pay to the Treasurer upon the transfer of a gaming machine entitlement under section 3.4A.18 of that Act; and Victoria -- 2 of 8 -- Gambling Regulation Amendment Act 2009 No. 43 of 2009 2 (c) to make further provision in relation to who can be a participant for the conduct and promotion of club keno games; and (d) to make further provision in relation to the holder of the monitoring licence; and (e) to make further provision in relation to applications for club venue operators licences. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Principal Act In this Act, the Gambling Regulation Act 2003 is called the Principal Act. 4 Extension of gaming operator's licence At the end of section 3.4.32 of the Principal Act insert— "(2) If invited by the Minister to do so, the holder of a gaming operator's licence may apply to the Minister, before the licence expires, for a licence extension. s. 2 See: Act No. 114/2003. Reprint No. 2 as at 1 October 2007 and amending Act Nos 16/2004, 39/2007, 72/2007, 4/2008, 12/2008, 40/2008, 71/2008, 73/2008 and 2/2009. LawToday: www. legislation. vic.gov.au -- 3 of 8 -- Gambling Regulation Amendment Act 2009 No. 43 of 2009 3 (3) On application under subsection (2), the Minister may extend the term of the gaming operator's licence only so that the licence expires on 15 August 2012. (4) The term of a gaming operator's licence may be extended only once. (5) Before the term of a gaming operator's licence is extended under this section, the holder of the licence must pay to the Treasurer as consideration for the licence extension, one or more amounts determined by the Treasurer as the premium payment for the licence extension. (6) The premium payment referred to in subsection (5) is a tax.". 5 Gaming machine entitlements that are transferred before the specified date (1) In section 3.4A.18(2) of the Principal Act, for "50% of the prescribed profit earned" substitute "75% of the prescribed profit obtained". (2) After section 3.4A.18(3) of the Principal Act insert— "(4) In this section— financial benefit means anything of economic or market value and includes— (a) property and services; (b) any benefit specified in the regulations to be a financial benefit; profit includes the value of a financial benefit.". s. 5 -- 4 of 8 -- Gambling Regulation Amendment Act 2009 No. 43 of 2009 4 6 Exemption from requirement to pay 75% of prescribed profit obtained on transfer (1) In the heading to section 3.4A.19 of the Principal Act, for "50% of prescribed profit earned" substitute "75% of prescribed profit obtained". (2) In section 3.4A.19(1) of the Principal Act, for "50% of the prescribed profit earned" substitute "75% of the prescribed profit obtained". 7 Definition of participants In section 6.1.2 of the Principal Act, in the definition of participants, for paragraph (a) substitute— "(a) the holder of a gaming operator's licence for the term of that licence (excluding any period of that term as extended under section 3.4.32(3));". 8 Minister may declare company to be participant For section 6.5.1(2) of the Principal Act substitute— "(2) A declaration declaring a company to be a participant ceases to have effect— (a) if the company ceases to be a wholly- owned subsidiary of the holder of a gaming operator's licence, on the day that company so ceases; or (b) if the term of the gaming operator's licence is not extended under section 3.4.32(3), on the day that term ends; or (c) if the term of the gaming operator's licence is extended under section 3.4.32(3), on the day that term would have ended but for that extension. s. 6 -- 5 of 8 -- Gambling Regulation Amendment Act 2009 No. 43 of 2009 5 (2A) Subsection (2) applies to a declaration that is in force on or after the day on which section 8 of the Gambling Regulation Amendment Act 2009 comes into operation.". 9 Ownership and related person restrictions In section 3.2A.1 of the Principal Act insert the following definitions— "monitoring licensee means the holder of the monitoring licence; monitoring licence means the monitoring licence that is in effect (other than for the purpose of preparatory action taken in accordance with an authorisation under section 3.4.54(2));". 10 Application for venue operator's licence For section 3.4.8(2A) of the Principal Act substitute— "(2A) In addition to the requirements of subsection (2), in the case of an application for a club venue operator's licence where the applicant holds a club liquor licence or a racing club licence, the application must also be accompanied by— (a) a copy of the club liquor licence, or the racing club licence (as the case may be) for the club; and (b) any further information that the Commission requires to be satisfied that the applicant is a club established for a community purpose. (2AB) In addition to the requirements of subsection (2), in the case of an application for a club venue operator's licence where the applicant does not hold a club liquor licence or a s. 9 -- 6 of 8 -- Gambling Regulation Amendment Act 2009 No. 43 of 2009 6 racing club licence, the application must also be accompanied by— (a) a copy of the constituting document of the club that is certified as true and correct by the authorising officer of the club with the provisions referred to in subsection (1A)(b) clearly marked; and (b) a statement of community purpose which sets out the purposes for which the club is established (if these purposes are not set out in the constituting document of the club); and (c) any further information that the Commission requires to be satisfied that the applicant is a club established for a community purpose.". 11 Repeal of Act This Act is repealed on the first anniversary of its commencement. 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. 11 -- 7 of 8 -- Gambling Regulation Amendment Act 2009 No. 43 of 2009 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 June 2009 Legislative Council: 25 June 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 and for other purposes." Endnotes -- 8 of 8 --