Gambling Regulation Further Amendment Act 2009

i Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 1 3 Principal Act 2 PART 2—GAMING MACHINE AND GAMING MACHINE ENTITLEMENT-RELATED AMENDMENTS 3 4 Definitions 3 5 Purposes of Chapter 3 4 6 Conduct of gaming 4 7 New section 3.1.4A inserted 5 3.1.4A Conduct of monitoring 5 8 Possession of gaming machines may be authorised 5 9 Ministerial directions as to requirements for gaming machines 6 10 Regions for gaming machines 6 3.2.4 Regions for gaming machines 6 11 Prohibited interests in gaming machine entitlements 7 12 Application for approval of premises 7 13 New section 3.3.5 substituted and new section 3.3.5A inserted 8 3.3.5 Proposed application must be given to relevant responsible authority before application is made 8 3.3.5A No change permitted to number of gaming machines sought in application after certain period 9 14 Responsible authority may make submission 9 15 Matters to be considered in determining applications 10 16 Determination of application 10 17 New section 3.3.15A inserted 10 3.3.15A One venue operator for an approved venue 10 18 Licensing of operators 11 19 Authority conferred by monitoring licence 11 20 Authority conferred by listing on Roll 11 21 Proposal of amendment by venue operator 12 -- 1 of 121 -- Section Page ii 22 New section 3.4.18A inserted 12 3.4.18A No change permitted to number of gaming machines sought in application after certain period 12 23 Submissions on proposed amendments 13 24 Consideration and making of amendment 14 25 New section 3.4.28AA inserted 15 3.4.28AA Application of Division 15 26 Secretary reports on suitability of persons who can apply for monitoring licence 15 27 New section 3.4.41A inserted 15 3.4.41A Consent required for reports and investigations 15 28 New definitions inserted for purpose of new Division 4 of Part 4 of Chapter 3 16 29 New heading to section 3.4.48 substituted 17 30 New sections 3.4.48A to 3.4.48E inserted 17 3.4.48A Related agreements with monitoring licensee 17 3.4.48B No compensation payable because of a direction to enter into related agreements 18 3.4.48C Limitation of monitoring licensee's civil liability 18 3.4.48D Related agreements may provide for damages determined by the Minister 19 3.4.48E Minister may determine certain damages that must be included in related agreements 19 31 Engaging contractors and appointing agents to assist with monitoring 20 32 Request by licensee for amendment of monitoring licence 20 33 Amendment of monitoring licence 20 34 Suspension of licence pending criminal proceedings 21 35 Temporary monitoring licence 22 36 Report to Minister by Commission for temporary monitoring licence 23 37 New section 3.4.59JA inserted 24 3.4.59JA Report to Minister by Commission for a temporary monitoring licence issued for 90 days 24 38 Further provisions for temporary licence 25 39 New sections 3.4.59LA to 3.4.59LG inserted 25 3.4.59LA Related agreements with temporary licensee 25 3.4.59LB No compensation payable because of a direction to enter into related agreements 26 3.4.59LC Limitation of temporary licensee's civil liability 26 3.4.59LD Related agreements may provide for damages determined by the Minister 27 3.4.59LE Minister may determine certain damages that must be included in related agreements 27 -- 2 of 121 -- Section Page iii 3.4.59LF Appointment of a monitoring services provider if monitoring licence not granted 28 3.4.59LG Appointment of a monitoring services provider after monitoring licence suspended, cancelled or surrendered 30 40 New section 3.4.59Q inserted 35 3.4.59Q No compensation payable for certain acts and omissions relating to monitoring 35 41 New section 3.4.59R inserted 36 3.4.59R Trade Practices Act and Competition Code 36 42 Letter of censure 37 43 Requirement to hold gaming machine entitlements 37 44 Minister may create and allocate gaming machine entitlements 37 45 New section 3.4A.5A inserted 39 3.4A.5A Review of regional and municipal limits for gaming machine entitlements 39 46 New heading to section 3.4A.6 substituted 40 47 New section 3.4A.6A inserted 40 3.4A.6A Directions in relation to related agreements with Minister 40 48 Duration of gaming machine entitlements 41 49 New sections 3.4A.11A and 3.4A.11B inserted 41 3.4A.11A Related agreements between venue operators and monitoring licensee 41 3.4A.11B No compensation payable because of a direction to enter into related agreements 42 50 New section 3.4A.17A inserted 42 3.4A.17A Related agreements must be entered into before gaming machine entitlement may be transferred 42 51 New Division 5A of Part 4A of Chapter 3 inserted 43 Division 5A—Purchase by the State of gaming machine entitlements 43 3.4A.20A Application of Division 43 3.4A.20B Commission to determine excess gaming machine entitlements 43 3.4A.20C Ministerial Order for purchase of gaming machine entitlements 44 3.4A.20D Determinations for purpose of Division 44 3.4A.20E Initial offers by State for purchase of gaming machine entitlements 46 3.4A.20F Further reduction of gaming machine entitlements 47 3.4A.20G Further offers by State for purchase of gaming machine entitlements 49 3.4A.20H Extinguishment of gaming machine entitlements purchased for purpose of State limit reduction 50 -- 3 of 121 -- Section Page iv 3.4A.20I Extinguishment on reduction of State limit 50 3.4A.20J No compensation payable 51 52 New Division 8A of Part 4A of Chapter 3 inserted 51 Division 8A—Forfeiture of gaming machine entitlements following offers to purchase those entitlements 51 3.4A.27A Forfeiture to State—after reduction of regional or municipal district limit 51 53 Extinguishment of interests and rights in gaming machine entitlements 52 54 Forfeited gaming machine entitlements 52 55 New Division 11 of Part 4A of Chapter 3 inserted 52 Division 11—General 52 3.4A.34 Trade Practices Act and Competition Code authorisation 52 56 Approval of gaming machine types and games 53 57 Withdrawal of approval 53 58 Approval of electronic monitoring systems 54 59 Banning large denomination note acceptors and autoplay facilities 54 60 Spin rates 54 61 Taxation in relation to gaming in approved venues with pub licences 54 62 Taxation in relation to gaming in approved venues with club licences or racing club licences 55 63 New Division 3 of Part 7 of Chapter 3 inserted 56 Division 3—Other requirements 56 3.7.6A Directions to gaming operator to provide information etc. 56 3.7.6B Directions to monitoring licensee to provide information etc. 57 3.7.6C No compensation payable 58 3.7.6D Directions to monitoring licensee 59 PART 3—WAGERING AND BETTING-RELATED AMENDMENTS 60 64 Approval of totalisator equipment 60 65 Betting exchange rules 60 66 Disallowance of betting exchange rules 60 67 New Division 8 inserted in Part 3 of Chapter 4 61 Division 8—Further obligation to provide information 61 4.3.34 Directions to wagering licensee to provide information 61 68 New heading to section 4.3A.10 substituted 62 -- 4 of 121 -- Section Page v 69 New sections 4.3A.10AA and 4.3A.10AB inserted 62 4.3A.10AA Related agreements with wagering and betting licensee 62 4.3A.10AB No compensation payable because of a direction to enter into related agreements 64 70 New sections 4.3A.13A and 4.3A.13B inserted 64 4.3A.13A Penalty interest for late payment 64 4.3A.13B Recovery of amounts 64 71 Engaging contractors and appointing agents to assist with wagering and betting 64 72 Request by licensee for amendment of wagering and betting licence 65 73 Amendment of wagering and betting licence 65 74 Temporary wagering and betting licence 66 75 Report to Minister by Commission for temporary wagering and betting licence 67 76 New section 4.3A.32A inserted 68 4.3A.32A Report to Minister by Commission for a temporary wagering and betting licence issued for 90 days 68 77 Further provisions for temporary wagering and betting licence 68 78 New sections 4.3A.34AA and 4.3A.34AB inserted 69 4.3A.34AA Related agreements with temporary wagering and betting licensee 69 4.3A.34AB No compensation payable because of a direction to enter into related agreements 70 79 Approval of telecommunication devices by Commission 70 80 New sections 4.3A.39A and 4.3A.39B inserted 71 4.3A.39A Directions to provide information 71 4.3A.39B Directions to licensees 72 81 New section 4.6.3A inserted 72 4.6.3A Wagering tax review 72 82 New Part 9 of Chapter 4 inserted 73 PART 9—OTHER MATTERS 73 4.9.1 Trade Practices Act and Competition Code 73 PART 4—LOTTERIES-RELATED AMENDMENTS 75 83 Approval of computer equipment 75 84 Request by licensee for amendment of public lottery licence 75 85 Amendment of public lottery licence 75 86 Temporary public lottery licences 76 87 Report to Minister by Commission for temporary public licence 78 88 New section 5.3.28A inserted 79 5.3.28A Report to Minister by Commission for a temporary public lottery licence issued for 90 days 79 -- 5 of 121 -- Section Page vi PART 5—CLUB KENO-RELATED AMENDMENTS 80 89 New Division 3 of Part 3 of Chapter 6 inserted 80 Division 3—Unclaimed prizes 80 6.3.4 Unclaimed prizes 80 90 New Part 6 of Chapter 6 inserted 81 PART 6—GENERAL 81 6.6.1 Directions to participants to provide information 81 PART 6—KENO-RELATED AMENDMENTS 83 91 Approval of keno system 83 92 New heading to section 6A.3.10 substituted 83 93 New sections 6A.3.10A and 6A.3.10B inserted 83 6A.3.10A Related agreements with keno licensee 83 6A.3.10B No compensation payable because of a direction to enter into related agreements 84 94 New sections 6A.3.13A and 6A.3.13B inserted 85 6A.3.13A Penalty interest for late payment 85 6A.3.13B Recovery of amounts 85 95 Engaging contractors and appointing agents to assist with keno games 85 96 Request by licensee for amendment of keno licence 85 97 Amendment of keno licence 86 98 Temporary keno licence 86 99 Report to Minister by Commission for a temporary keno licence 88 100 New section 6A.3.32A inserted 88 6A.3.32A Report to Minister by Commission for a temporary keno licence issued for 90 days 88 101 Further provisions for temporary licence 89 102 New sections 6A.3.34A and 6A.3.34B inserted 89 6A.3.34A Related agreements with temporary keno licensee 89 6A.3.34B No compensation payable because of a direction to enter into related agreements 90 103 New sections 6A.3.39A to 6A.3.39D inserted 91 6A.3.39A Directions to provide information 91 6A.3.39B Directions to licensee 92 6A.3.39C Claim for prize 92 6A.3.39D Unclaimed prizes 93 104 New Part 6 of Chapter 6A inserted 94 PART 6—OTHER MATTERS 94 6A.6.1 Trade Practices Act and Competition Code 94 -- 6 of 121 -- Section Page vii PART 7—COMMUNITY AND CHARITABLE GAMING- RELATED AMENDMENTS 96 105 New section 8.4.7A inserted 96 8.4.7A Payment of prize money and cashing of cheques 96 PART 8—ADMINISTRATION AND ENFORCEMENT- RELATED AMENDMENTS 97 106 Commission's functions 97 107 New section 10.1.5A inserted 97 10.1.5A Standards for approvals of technical equipment and systems 97 108 Public hearings for amendments to venue operators' licences to increase gaming machine numbers 98 109 New section 10.1.22A inserted 99 10.1.22A Procedure for non-public hearing of applications for gaming machine increases 99 110 Commission to give written statement after public hearing or on request 100 111 Subject matter for regulations 100 PART 9—OTHER AMENDMENTS, SAVINGS AND TRANSITIONALS 101 Division 1—Consequential amendments relating to the provision of monitoring services 101 112 Purpose, objective and outline of Act 101 113 Purpose of Chapter 3 101 114 Application of Chapter 3 to casino operator 101 115 Gaming in approved venue declared lawful 102 116 Possession of gaming machines may be authorised 102 117 Monitoring restrictions for persons listed on the Roll and related persons 102 118 Restrictions for the monitoring licensee and related persons 102 119 Authority conferred by gaming operator's licence 102 120 Authority conferred by gaming operator's licence 103 121 Authority conferred by monitoring licence 103 122 Authority conferred by listing on the Roll 103 123 Licence may authorise preparatory action 103 124 Offence to breach licence conditions 104 125 Disciplinary action 104 126 Authority conferred by gaming machine entitlements 104 127 Manufacture, sale, supply, obtaining or possession of gaming machines 104 128 Unlawful interference with gaming equipment or monitoring equipment 105 -- 7 of 121 -- Section Page viii 129 Protection of sensitive areas of gaming equipment or monitoring equipment 105 130 Approval of electronic monitoring systems 106 131 Installation and storage of gaming machines 106 132 Certificates of installation 106 133 Malfunction of gaming machines or monitoring equipment 106 134 Defective gaming machines not allowed 107 135 Commission may give directions 107 136 Legality of onboard gaming 107 137 Non-applicability of other laws 107 138 Unlawful interference with gaming equipment 107 139 Authority conferred by a gaming industry employee's licence 107 140 Objectives of Commission 108 141 Seizure and forfeiture of equipment 108 Division 2—Other minor amendments 108 142 Statute law revision 108 Division 3—Savings and transitionals 109 143 New clause 22.1AB of Part 22 of Schedule 7 inserted 109 22.1AB Venue operators that do not hold a club licence, pub licence or racing club licence 109 144 New Part 24 of Schedule 7 inserted 110 PART 24—GAMBLING REGULATION FURTHER AMENDMENT ACT 2009 110 24.1 Specified areas 110 PART 10—REPEAL OF ACT 112 145 Repeal of Act 112 ═══════════════ ENDNOTES 113 -- 8 of 121 -- 1 Gambling Regulation Further Amendment Act 2009 † No. 58 of 2009 [Assented to 21 October 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to make miscellaneous amendments to the Gambling Regulation Act 2003 to improve the operation of that Act. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. Victoria -- 9 of 121 -- Part 1—Preliminary Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 2 (2) If a provision of this Act does not come into operation before 1 September 2012, it comes into operation on that day. 3 Principal Act In this Act, the Gambling Regulation Act 2003 is called the Principal Act. __________________ 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 and 29/2009. LawToday: www. legislation. vic.gov.au -- 10 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 3 PART 2—GAMING MACHINE AND GAMING MACHINE ENTITLEMENT-RELATED AMENDMENTS 4 Definitions (1) In section 1.3 of the Principal Act, for the definition of gaming equipment substitute— "gaming equipment means any— (a) gaming machine; (b) part of, or replacement part for, any such machine; (c) restricted gaming component; (d) equipment for the purpose of operating jackpots;". (2) In section 1.3 of the Principal Act, for the definition of regional limit substitute— "regional limit means— (a) the maximum permissible number of gaming machines available for gaming in a region of the State determined and in force under section 3.2.4; or (b) the maximum permissible number of gaming machine entitlements under which gaming may be conducted in a region of the State determined and in force under section 3.4A.5(3A);". (3) In section 1.3 of the Principal Act insert the following definitions— "monitoring equipment means any— (a) equipment for the purpose of facilitating linked jackpot arrangements; (b) electronic monitoring system; s. 4 -- 11 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 4 (c) part of, or replacement part for, any such equipment or system; (d) restricted monitoring component; restricted gaming component, in relation to gaming equipment, means any component that is prescribed as a restricted gaming component; restricted monitoring component, in relation to monitoring equipment, means any component that is prescribed as a restricted monitoring component;". (4) In section 1.3 of the Principal Act, the definition of restricted component is repealed. 5 Purposes of Chapter 3 At the end of section 3.1.1 of the Principal Act insert— "(2) The purpose of this Chapter is also to— (a) provide for the allocation of gaming machine entitlements in order to maximise the financial and social benefits to the Victorian community within the regulatory framework applying to the allocation of entitlements; (b) promote a competitive gaming industry with the aim of providing financial and social benefits to the Victorian community.". 6 Conduct of gaming In section 3.1.4(1) of the Principal Act— (a) in paragraph (e) for "gaming." substitute "gaming; and"; s. 5 -- 12 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 5 (b) after paragraph (e) insert— "(f) the operation of jackpots.". 7 New section 3.1.4A inserted After section 3.1.4 of the Principal Act insert— "3.1.4A Conduct of monitoring A reference in this Chapter to the conduct of monitoring is a reference to an activity referred to in section 3.4.4.". 8 Possession of gaming machines may be authorised (1) After section 3.2.2(2) of the Principal Act insert— "(2A) The Commission may authorise, in writing, a person who was the holder of a gaming operator's licence or a gaming licence to— (a) be in possession of a gaming machine or gaming equipment; or (b) sell or dispose of a gaming machine or gaming equipment. (2B) The Commission may authorise, in writing, a venue operator to be in possession of, or sell or dispose of, a gaming machine or gaming equipment after a relevant event. (2C) The Commission may give an authorisation under subsection (2A) or (2B) only if— (a) in the case of a person who was a holder of a gaming operator's licence or a gaming licence—the gaming machine or gaming equipment was acquired while the person held a gaming operator's licence or a gaming licence; (b) in the case of a venue operator—the gaming machine or gaming equipment s. 7 -- 13 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 6 was acquired while the operator held a gaming machine entitlement.". (2) In section 3.2.2(3) of the Principal Act, for "or (2)" substitute ", (2), (2A) or (2B)". (3) After section 3.2.2(4) of the Principal Act insert— "(5) In this section— relevant event, for a venue operator, means— (a) the forfeiture, under Division 6, 7, 8 or 8A of Part 4A, of all gaming machine entitlements held by the operator; or (b) the transfer, under Division 5 of Part 4A, of all gaming machine entitlements held by the operator to another venue operator; or (c) the sale, under Division 5A of Part 4A, of all gaming machine entitlements held by the operator.". 9 Ministerial directions as to requirements for gaming machines In section 3.2.3(1)(g) of the Principal Act omit "section 3.5.29(3) or 3.5.30(2) of this Act or". 10 Regions for gaming machines For section 3.2.4 of the Principal Act substitute— "3.2.4 Regions for gaming machines The Minister may from time to time, by order published in the Government Gazette, determine regions in the State for the purposes of this Chapter.". s. 9 -- 14 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 7 11 Prohibited interests in gaming machine entitlements (1) In section 3.2A.7(1) of the Principal Act, for "It" substitute "On and after a day declared by the Minister under subsection (1A), it". (2) After section 3.2A.7(1) of the Principal Act insert— "(1A) For the purposes of this Division, the Minister must, by notice published in the Government Gazette, declare a day on and after which it will be unlawful for an entitlement holder to hold a prohibited number of hotel gaming machine entitlements or club gaming machine entitlements. (1B) A notice published in the Government Gazette under subsection (1A) takes effect on the day on which the notice is published in the Government Gazette, or on a later day specified in the notice.". 12 Application for approval of premises (1) In section 3.3.4(1) of the Principal Act, for "The owner" substitute "Subject to section 3.3.5, the owner". (2) After section 3.3.4(3)(b) of the Principal Act insert— "(ba) the number of gaming machines sought to be permitted in the premises for gaming; and (bb) evidence that the owner has complied with section 3.3.5(1); and". s. 11 -- 15 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 8 13 New section 3.3.5 substituted and new section 3.3.5A 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 (1) The owner of premises, or a person authorised by the owner, who proposes to apply under section 3.3.4 for the 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) a copy of the proposed application before making the application under that section; and (b) if the proposed application is amended before making the application under that section, a copy of the proposed application, as amended; and (c) if the owner makes an application that differs from the proposed application, a copy of that application on the same day the application is made. (2) Within 37 days after receiving a copy of a proposed application under subsection (1)(a), the relevant responsible authority must notify, in writing, the Commission as to whether it intends to make a submission under section 3.3.6 in respect of any application to which the proposed application relates. s. 13 -- 16 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 9 3.3.5A No change permitted to number of gaming machines sought in application after certain period The applicant cannot change the number, stated in the application, of gaming machines sought to be permitted in the premises for gaming once the first 30 days after giving the relevant responsible authority a copy of the proposed application under section 3.3.5(1) elapse.". 14 Responsible authority may make submission (1) In section 3.3.6(1) of the Principal Act, for "The relevant responsible authority" substitute "Subject to this section, the relevant responsible authority". (2) For section 3.3.6(3) of the Principal Act substitute— "(3) Unless the Commission considers there are exceptional circumstances or there is a change, in the application, to the number of gaming machines sought to be permitted in the premises for gaming, a submission must be made within 60 days after the responsible authority receives a copy of the proposed application under section 3.3.5(1). (4) If the Commission considers there are exceptional circumstances or there is a change, in the application, to the number of gaming machines sought to be permitted in the premises for gaming, the Commission, by written notice given to the responsible authority, may extend the period of time within which a responsible authority may make a submission. s. 14 -- 17 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 10 (5) The Commission must not extend the period of time within which the responsible authority may make a submission beyond 30 days after the end of the period specified in subsection (3).". 15 Matters to be considered in determining applications Section 3.3.7(4) of the Principal Act is repealed. 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 60 days after— (a) receiving a notification from a responsible authority under section 3.3.5(2) that the authority does not intend to make a submission under section 3.3.6; or (b) the making of a submission by a responsible authority under section 3.3.6— whichever occurs first. (1B) If the Commission does not determine the application within the period specified under subsection (1A), the Commission is to be taken to have refused to grant the approval.". 17 New section 3.3.15A inserted After section 3.3.15 of the Principal Act insert— "3.3.15A One venue operator for an approved venue Only one venue operator may conduct gaming in each approved venue.". s. 15 -- 18 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 11 18 Licensing of operators For section 3.4.1(ac) of the Principal Act substitute— "(ac) while holding a gaming machine entitlement or under an authorisation under section 3.2.2(2A), sell or dispose of a gaming machine or gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator; and". 19 Authority conferred by monitoring licence (1) In section 3.4.4(1)(b) of the Principal Act, after "electronic monitoring system" (where first occurring) insert "and monitoring equipment". (2) In section 3.4.4(1)(c) of the Principal Act insert— "(ca) to provide, in accordance with a direction under section 3.4.49 (if any), systems and mechanisms that implement responsible gambling measures for the conduct of gaming; and". 20 Authority conferred by listing on Roll After section 3.4.5(f) of the Principal Act insert— "(fa) to enter into arrangements with the monitoring licensee, the holder of a public lottery licence or the keno licensee to test instruments, contrivances, hardware, software or equipment referred to in section 3.5.13, 5.2.1A or 6A.2.5 for the purposes of the issue of certificates referred to in those sections.". s. 18 -- 19 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 12 21 Proposal of amendment by venue operator For section 3.4.18(2) of the Principal Act substitute— "(2) If an amendment proposed by a venue operator is to increase the number of gaming machines permitted in an approved venue, the venue operator must give to the municipal council of the municipal district in which the approved venue is located— (a) a copy of the proposed amendment before requesting the amendment; and (b) if the proposed amendment is amended before request of the amendment is made, a copy of the proposed amendment, as amended; and (c) if the operator's request for an amendment differs from the proposed amendment given to the council, a copy of that request on the same day as the request is made. (2A) Within 37 days after receiving a copy of a proposed amendment under subsection (2)(a), the municipal council must notify, in writing, the Commission as to whether it intends to make a submission under section 3.4.19 in respect of any request to which the proposed amendment relates.". 22 New section 3.4.18A inserted After section 3.4.18 of the Principal Act insert— "3.4.18A No change permitted to number of gaming machines sought in application after certain period A venue operator who has requested an amendment to licence conditions to increase the number of gaming machines permitted in s. 21 -- 20 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 13 an approved venue cannot change the number stated in the request once the first 30 days after giving a copy of the proposed amendment to the municipal council under section 3.4.18(2) elapse.". 23 Submissions on proposed amendments (1) For section 3.4.19(1) of the Principal Act substitute— "(1) Subject to this section, after receiving a copy of a request for an amendment referred to in section 3.4.18(2), a municipal council may make a submission to the Commission— (a) addressing the economic and social impact of the proposed amendment on the well-being of the community of the municipal district in which the approved venue is located; and (b) taking into account the impact of the proposed amendment on surrounding municipal districts. (1A) Unless the Commission considers that there are exceptional circumstances, 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, a submission must be made within 60 days after the municipal council receives a copy of a request for a proposed amendment referred to section 3.4.18(2). (1B) If the Commission considers that there are exceptional circumstances, 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, the Commission, by written notice given to the municipal council, may extend the period of s. 23 -- 21 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 14 time within which the council may make a submission. (1C) The Commission must not extend the period of time within which the municipal council may make a submission beyond 30 days after the end of the period specified in subsection (1A).". (2) For section 3.4.19(3) of the Principal Act substitute— "(3) In the case of an amendment proposed by the Commission, the Commission must give the venue operator at least 28 days to make any other submissions to the Commission concerning the proposed amendment and must consider the submissions made.". 24 Consideration and making of amendment 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 at an approved venue, the Commission must use reasonable endeavours to decide whether to make the proposed amendment within 60 days after— (a) receiving a notification from a municipal council under section 3.4.18(2A) that the council does not intend to make a submission under section 3.4.19; or (b) the making of a submission by a municipal council under section 3.4.19— whichever occurs first. s. 24 -- 22 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 15 (2B) If the Commission does not make a decision within the period specified under subsection (2A), the Commission is to be taken to have refused to make the proposed amendment.". 25 New section 3.4.28AA inserted In Division 2A of Part 4 of Chapter 3 of the Principal Act, before section 3.4.28A insert— "3.4.28AA Application of Division This Division does not apply to a venue operator who is a casino operator.". 26 Secretary reports on suitability of persons who can apply for monitoring licence (1) For section 3.4.41(1) of the Principal Act substitute— "(1) If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering to invite to apply for the monitoring licence.". (2) Section 3.4.41(2) of the Principal Act is repealed. 27 New section 3.4.41A inserted After section 3.4.41 of the Principal Act insert— "3.4.41A Consent required for reports and investigations (1) For the purpose of preparing a report under section 3.4.41 or 3.4.43 to give to the Minister, and for investigations and inquiries to be carried out under Division 1C of Part 4 of Chapter 10 for the purpose of preparing a report under section 3.4.41 or 3.4.43, the Secretary must obtain the written consent of— s. 25 -- 23 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 16 (a) a possible invitee or pending applicant; and (b) any other person the Secretary considers relevant to the consideration by the Minister of whether— (i) to invite a possible invitee to apply for the monitoring licence; or (ii) a pending applicant should be granted a monitoring licence under this Division. (2) In this section— 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; possible invitee means a person the Minister is considering to invite to apply for the monitoring licence.". 28 New definitions inserted for purpose of new Division 4 of Part 4 of Chapter 3 In section 3.4.38 of the Principal Act— (a) in the definition of application, for "licence." substitute "licence;"; (b) after the definition of application insert— "monitoring services means the services and other things that are authorised under section 3.4.4(1); monitoring services provider means a person appointed under section 3.4.59LF or 3.4.59LG.". s. 28 -- 24 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 17 29 New heading to section 3.4.48 substituted For the heading to section 3.4.48 of the Principal Act substitute— "Minister may refuse to issue monitoring licence if related agreements not entered into". 30 New sections 3.4.48A to 3.4.48E inserted After section 3.4.48 of the Principal Act insert— "3.4.48A Related agreements with monitoring licensee (1) Subject to this section, the Minister, by written notice, may direct the monitoring licensee to enter into an agreement or class of agreements dealing with matters relating to the monitoring licence with— (a) the Minister; or (b) a person or class of person the Minister specifies in the direction. (2) Before giving a direction under subsection (1), the Minister must consult with the monitoring licensee. (3) A direction under subsection (1)— (a) must warn the monitoring licensee of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and s. 29 -- 25 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 18 (e) may specify a date by which an agreement or class of agreements is to be entered into. (4) The monitoring licensee must comply with a direction under subsection (1). (5) The monitoring licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. 3.4.48B No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 3.4.48A or the entering into an agreement in compliance with a direction under section 3.4.48A. 3.4.48C Limitation of monitoring licensee's civil liability (1) The monitoring licensee does not incur any liability for an act or omission in the provision of monitoring services except as provided under an agreement referred to in section 3.4.48 or 3.4.48A. (2) Subsection (1) does not apply to a liability that would otherwise arise at law in the case where— (a) a person has won a prize after playing a gaming machine; and (b) that prize cannot be paid because of a failure by the monitoring licensee to provide monitoring services to enable the payment of that prize; and s. 30 -- 26 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 19 (c) the person who won the prize or the venue operator who conducts gaming with the machine on which the prize was won sustains a loss because that prize cannot be paid. 3.4.48D Related agreements may provide for damages determined by the Minister An agreement referred to in section 3.4.48 or 3.4.48A must provide for the kinds of damages determined by the Minister under section 3.4.48E. 3.4.48E Minister may determine certain damages that must be included in related agreements (1) The Minister, after consulting the Treasurer, may determine the kinds of damages that must be provided for under an agreement referred to in section 3.4.48 or 3.4.48A. (2) Without limiting subsection (1), the Minister may determine— (a) the maximum amount that may be payable under the agreement in damages for a breach of a specified condition; (b) the maximum amount that may be payable under the agreement in damages to a specified person for a breach of a specified condition; (c) the kinds of events or circumstances that could form the basis of a condition referred to in paragraph (a) or (b).". s. 30 -- 27 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 20 31 Engaging contractors and appointing agents to assist with monitoring In section 3.4.54(2) of the Principal Act, for "Act or gaming regulations" substitute "Act, the gaming regulations, the monitoring licence or any related agreement referred to in section 3.4.44 or 3.4.48A". 32 Request by licensee for amendment of monitoring licence After section 3.4.59B(1) of the Principal Act insert— "(1A) The Minister may refuse to consider the request for a licence amendment if, in his or her opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 3.4.59C.". 33 Amendment of monitoring licence (1) After section 3.4.59C(1) of the Principal Act insert— "(1A) The Minister may, at any time, decide to make an amendment to the monitoring licence and must give written notice of the decision to the monitoring licensee. (1B) Before making an amendment to the monitoring licence under subsection (1A), the Minister must notify the monitoring licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action.". s. 31 -- 28 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 21 (2) For section 3.4.59C(2) of the Principal Act substitute— "(2) In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion— (a) the amendment is in the public interest; and (b) the amendment is required for the proper conduct of the licensed activity.". (3) In section 3.4.59C(7) of the Principal Act, for "subsection (1)" substitute "subsection (1) or (1A)". 34 Suspension of licence pending criminal proceedings For section 3.4.59G(1) of the Principal Act substitute— "(1) The Minister may suspend the monitoring licence by giving written notice to the monitoring licensee if the Minister is satisfied that— (a) the licensee or an executive officer of the licensee has been charged with— (i) an offence against a gaming Act or gaming regulations; or (ii) an offence arising out of or in connection with the management or operation of a monitoring business; or (iii) an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the s. 34 -- 29 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 22 management or operation of a monitoring business; or (b) the licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; or (c) the licensee becomes an externally administered body corporate or otherwise becomes insolvent; or (d) the licence was obtained by a materially false or misleading representation or in some other improper way.". 35 Temporary monitoring licence (1) In section 3.4.59I(1) of the Principal Act, after "may" insert ", subject to subsection (1A),". (2) After section 3.4.59I(1) of the Principal Act insert— "(1A) The Minister may, in accordance with subsection (2A), issue a temporary monitoring licence and appoint a temporary monitoring licensee for a period of 90 days.". (3) For section 3.4.59I(2) of the Principal Act substitute— "(2) The Minister may issue a temporary monitoring licence under subsection (1) only if satisfied that— (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a monitoring business. s. 35 -- 30 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 23 (2A) The Minister may issue a temporary monitoring licence under subsection (1A) only if satisfied that— (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee is a suitable person to be concerned in the management and operation of a monitoring business, taking into account the period of time for which the licence is issued.". (4) In section 3.4.59I(3) of the Principal Act, for "A" substitute "Subject to subsections (1A) and (2A), a". (5) In section 3.4.59I(4) of the Principal Act, after "licence" insert "under subsection (1)". (6) After section 3.4.59I(4) of the Principal Act insert— "(5) In considering whether to issue a temporary licence under subsection (1A), the Minister— (a) may consult any person the Minister considers appropriate; and (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 3.4.59JA.". 36 Report to Minister by Commission for temporary monitoring licence (1) In the heading to section 3.4.59J of the Principal Act, after "Commission" insert "for a temporary monitoring licence". s. 36 -- 31 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 24 (2) In section 3.4.59J(1) of the Principal Act, after "licence" (where first occurring) insert "under section 3.4.59I(1)". 37 New section 3.4.59JA inserted After section 3.4.59J of the Principal Act insert— "3.4.59JA Report to Minister by Commission for a temporary monitoring licence issued for 90 days (1) If the Minister is considering issuing a temporary monitoring licence under section 3.4.59I(1A), the Minister may request the Commission to give a preliminary written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (b) containing any other information required by the Minister. (2) The Commission must comply with a request of the Minister under this section. (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (4) The report must include the reasons for any findings or recommendations contained in it.". s. 37 -- 32 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 25 38 Further provisions for temporary licence (1) In section 3.4.59L(1) of the Principal Act, for "A" substitute "Subject to subsection (1A), a". (2) After section 3.4.59L(1) of the Principal Act insert— "(1A) A temporary monitoring licence issued under section 3.4.59I(1A) may be extended once only for a period of 90 days.". 39 New sections 3.4.59LA to 3.4.59LG inserted After section 3.4.59L of the Principal Act insert— "3.4.59LA Related agreements with temporary licensee (1) Subject to this section, the Minister, by written notice, may direct the temporary licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary monitoring licence with— (a) the Minister; or (b) a person or class of person the Minister specifies in the direction. (2) Before giving a direction under subsection (1), the Minister must consult with the temporary licensee. (3) A direction under subsection (1)— (a) must warn the temporary licensee of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and s. 38 -- 33 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 26 (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement or class of agreements is to be entered into. (4) The temporary licensee must comply with a direction under subsection (1). (5) The temporary licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. 3.4.59LB No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 3.4.59LA or the entering into an agreement in compliance with a direction under section 3.4.59LA. 3.4.59LC Limitation of temporary licensee's civil liability (1) The temporary licensee does not incur any liability for an act or omission in the provision of monitoring services except as provided under an agreement referred to in section 3.4.59LA. (2) Subsection (1) does not apply to a liability that would otherwise arise at law in the case where— (a) a person has won a prize after playing a gaming machine; and s. 39 -- 34 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 27 (b) that prize cannot be paid because of a failure by the temporary licensee to provide monitoring services to enable the payment of that prize; and (c) the person who won the prize or the venue operator who conducts gaming with the machine on which the prize was won sustains a loss because that prize cannot be paid. 3.4.59LD Related agreements may provide for damages determined by the Minister An agreement referred to in section 3.4.59LA must provide for the kinds of damages determined by the Minister under section 3.4.59LE. 3.4.59LE Minister may determine certain damages that must be included in related agreements (1) The Minister, after consulting the Treasurer, may determine the kinds of damages that must be provided for under an agreement referred to in section 3.4.59LA. (2) Without limiting subsection (1), the Minister may determine— (a) the maximum amount of damages that may be payable under the agreement for a breach of a specified condition; (b) the maximum amount of damages that may be payable under the agreement to a specified person for a breach of a specified condition; (c) the kinds of events or circumstances that could form the basis of a condition referred to in paragraph (a) or (b). s. 39 -- 35 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 28 3.4.59LF Appointment of a monitoring services provider if monitoring licence not granted (1) This section applies if the Minister does not grant any application for the monitoring licence. (2) The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person (a monitoring services provider) to provide monitoring services. (3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person as a monitoring services provider for the purposes of this section. (4) In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2). (5) A monitoring services provider is appointed— (a) by the Commission as directed by written notice by the Minister; and (b) on such terms and conditions as the Minister thinks fit. (6) The terms and conditions under subsection (5)(b)— (a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and (b) may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, s. 39 -- 36 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 29 dealing with matters related to provision of monitoring services (a related agreement); and (c) may determine— (i) the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition; (ii) the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition; (iii) the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii). (7) The appointment of a monitoring services provider— (a) may be terminated at any time— (i) by the Commission; or (ii) by the Commission as directed by written notice of the Minister; and (b) is terminated on the later of— (i) the day the monitoring licence is issued; or (ii) if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time. s. 39 -- 37 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 30 (8) A monitoring services provider— (a) is taken to have, in connection with the provision of the monitoring services, all the functions and powers of the monitoring licensee; and (b) must provide monitoring services in accordance with this Act, the regulations and the provider's terms of appointment under subsection (5). (9) If the appointment of the monitoring services provider is terminated the monitoring services provider— (a) ceases to be taken to be the holder of the monitoring licence; and (b) ceases to be taken to have the functions and powers of the monitoring licensee. 3.4.59LG Appointment of a monitoring services provider after monitoring licence suspended, cancelled or surrendered (1) This section applies if— (a) the monitoring licence is suspended, cancelled or surrendered; or (b) the Minister considers that there has been— (i) a significant failure in the operation or maintenance of the electronic monitoring system used to provide monitoring services; or (ii) a significant failure to provide monitoring services— such that no effective monitoring services are being provided. s. 39 -- 38 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 31 (2) The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person (other than the monitoring licensee) (a monitoring services provider)— (a) to provide monitoring services; and (b) to manage the business of the monitoring licensee to the extent that the business relates to the provision of monitoring services. (3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person as a monitoring services provider for the purposes of this section. (4) In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2)(a) and (b). (5) A monitoring services provider is appointed— (a) by the Commission as directed by written notice by the Minister; and (b) on such terms and conditions as the Minister thinks fit. (6) The terms and conditions under subsection (5)(b)— (a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and (b) may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, s. 39 -- 39 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 32 dealing with matters related to provision of monitoring services (a related agreement); and (c) may determine— (i) the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition; (ii) the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition; (iii) the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii). (7) The appointment of a monitoring services provider— (a) may be terminated at any time— (i) by the Commission; or (ii) by the Commission as directed by written notice of the Minister; and (b) in the case where the monitoring licence has been cancelled or surrendered, is terminated on the later of— (i) the day the monitoring licence is issued; or (ii) if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time; and s. 39 -- 40 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 33 (c) in the case where the monitoring licence has been suspended, is terminated on the lifting of that suspension. (8) A monitoring services provider— (a) is taken to be the holder of the monitoring licence on the same terms as those on which the monitoring licensee held the licence before its cancellation, suspension or surrender, subject to such modifications as the Minister determines; and (b) is taken to have, in connection with the provision of the monitoring services— (i) all the functions and powers of the monitoring licensee; and (ii) all the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and (c) must provide monitoring services in accordance with this Act, the regulations, the monitoring licence, any related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party and the provider's terms of appointment under subsection (5); and s. 39 -- 41 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 34 (d) assumes full control of and responsibility for the business of the monitoring licensee and may use, in the provision of monitoring services, any property, and services of staff and contractors, of the monitoring licensee; and (e) may employ such staff and engage such contractors as may be required to provide monitoring services. (9) If the appointment of the monitoring services provider is terminated— (a) the monitoring services provider ceases to be taken to be the holder of the monitoring licence; and (b) ceases to be taken to have— (i) the functions and powers of the monitoring licensee; and (ii) the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and (c) ceases to be in control of and responsible for the business of the monitoring licensee. (10) In this section, monitoring licensee includes the person whose monitoring licence was suspended or cancelled, or who surrendered the monitoring licence, immediately before the appointment of the monitoring services provider.". s. 39 -- 42 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 35 40 New section 3.4.59Q inserted After section 3.4.59P of the Principal Act insert— "3.4.59Q No compensation payable for certain acts and omissions relating to monitoring (1) No compensation is payable by the State to any person for any loss incurred by the person as a result of an act or omission of, as the case requires— (a) the monitoring licensee in doing a thing authorised by the monitoring licence held by the licensee; or (b) a temporary licensee in doing a thing authorised under the temporary monitoring licence held by the licensee; or (c) the State or a monitoring services provider in doing a thing authorised under section 3.4.59LF or 3.4.59LG. (2) Except as provided under a related agreement referred to in section 3.4.59LF(6) or 3.4.59LG(6), no compensation is payable by a monitoring service provider to any person for any loss incurred by the person as a result of an act or omission of, as the case requires— (a) the monitoring licensee in doing a thing authorised by the monitoring licence held by the licensee; or (b) the State or the monitoring services provider in doing a thing authorised under the monitoring service provider's terms and conditions of appointment.". s. 40 -- 43 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 36 41 New section 3.4.59R inserted After section 3.4.59Q of the Principal Act insert— "3.4.59R Trade Practices Act and Competition Code (1) 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) the grant of a monitoring licence or a temporary monitoring licence; (b) conduct authorised or required by a monitoring licence or temporary monitoring licence or under the conditions of either licence; (c) entering into a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA; (d) amending a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA; (e) giving effect to a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA (whether amended or not). (2) In this section— giving effect to, in relation to a related agreement, includes— (a) complying with any obligation under the agreement; and (b) exercising or enforcing any right or power under the agreement.". s. 41 -- 44 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 37 42 Letter of censure For section 3.4.66(2) of the Principal Act substitute— "(2) If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the person listed on the Roll, do either or both of the following without giving the person a further opportunity to be heard— (a) remove the person's name from the Roll; (b) fine the person an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004.". 43 Requirement to hold gaming machine entitlements In section 3.4A.1(1) of the Principal Act— (a) in paragraph (b), for "subject." substitute "subject; and"; (b) after paragraph (b) insert— "(c) no gaming in that venue is conducted concurrently under that gaming machine entitlement and a gaming licence or a gaming operator's licence.". 44 Minister may create and allocate gaming machine entitlements (1) In section 3.4A.5(1)(b) of the Principal Act, for "7 or 8" substitute "7, 8 or 8A or purchased under Division 5A". (2) In section 3.4A.5(3) of the Principal Act— (a) for "notice" substitute "Order"; s. 42 -- 45 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 38 (b) after "entitlements" insert "under which gaming may be conducted in the State that". (3) After section 3.4A.5(3) of the Principal Act insert— "(3A) The Minister may, by Order published in the Government Gazette, in respect of a region or municipal district— (a) determine the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the region or municipal district; or (b) require the Commission, based on criteria specified in the Order, to determine the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the region or municipal district. (3B) An Order under subsection (3A) in relation to a municipal limit may exclude part of the municipal district from the Order. (3C) If any part of a municipal district is subject to a regional limit, an Order under subsection (3A) in relation to a municipal limit applies only to the part (if any) of the municipal district that is not subject to the regional limit. (3D) An Order under subsection (3) or (3A) must specify the date on which it takes effect.". (4) The note at the foot of section 3.4A.5(6) of the Principal Act is repealed. s. 44 -- 46 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 39 (5) In section 3.4A.5(7) of the Principal Act, for "with a direction under section 3.2.3 or an order under section 3.2.4" substitute "with an Order under subsection (3A)". 45 New section 3.4A.5A inserted After section 3.4A.5 of the Principal Act insert— "3.4A.5A Review of regional and municipal limits for gaming machine entitlements (1) Subject to this section, the Commission must review the Commission's determination under section 3.4A.5(3A)— (a) at any time determined by the Commission; or (b) if directed by the Minister to do so. (2) A review of the Commission's determination under subsection (1)(a) must be no later than 5 years after the publication of the determination and thereafter at intervals not exceeding 5 years. (3) If, after a review of the Commission's determination, a regional limit or municipal limit is, in the opinion of the Commission, no longer appropriate, the Commission must determine, by instrument published in the Government Gazette, within 30 days after completing the review, a new regional limit or municipal limit (as the case requires)— (a) in accordance with any criteria specified in an Order under section 3.4A.5(3A) (if relevant); and (b) subject to compliance with any other requirement under section 3.4A.5.". s. 45 -- 47 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 40 46 New heading to section 3.4A.6 substituted For the heading to section 3.4A.6 of the Principal Act substitute— "Minister may refuse to allocate gaming machine entitlement if related agreements not entered into". 47 New section 3.4A.6A inserted After section 3.4A.6 of the Principal Act insert— "3.4A.6A Directions in relation to related agreements with Minister (1) Subject to this section, the Minister, by written notice, may direct a venue operator that holds a gaming machine entitlement to enter into an agreement with the Minister that deals with matters related to the gaming machine entitlement. (2) Before giving a direction under subsection (1), the Minister must consult with the venue operator. (3) A direction under subsection (1)— (a) must warn the venue operator of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and s. 46 -- 48 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 41 (e) may specify a date by which an agreement is to be entered into. (4) A venue operator to which this section applies must comply with a direction under subsection (1). (5) The venue operator must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission.". 48 Duration of gaming machine entitlements In section 3.4A.7(3) of the Principal Act, for "A venue" substitute "If invited by the Minister to do so, a venue". 49 New sections 3.4A.11A and 3.4A.11B inserted After 3.4A.11 of the Principal Act insert— "3.4A.11A Related agreements between venue operators and monitoring licensee (1) Subject to this section, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement to enter into an agreement with the monitoring licensee dealing with matters relating to the provision of monitoring services to the venue operator by the monitoring licensee. (2) Before giving a direction under subsection (1), the Minister must consult with the venue operator and the monitoring licensee. (3) A direction under subsection (1)— (a) must warn the venue operator of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and s. 48 -- 49 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 42 (c) may specify the terms or kinds of terms to be contained in an agreement to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement is to be entered into. (4) A venue operator to which this section applies must comply with a direction under subsection (1). (5) The venue operator must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. 3.4A.11B No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 3.4A.11A or the entering into an agreement in compliance with a direction under section 3.4A.11A.". 50 New section 3.4A.17A inserted After section 3.4A.17 of the Principal Act insert— "3.4A.17A Related agreements must be entered into before gaming machine entitlement may be transferred Despite anything to the contrary in this Division, a venue operator cannot transfer a gaming machine entitlement to another venue operator (the transferee) unless the transferee has entered into an agreement referred to in section 3.4A.6 or 3.4A.6A with s. 50 -- 50 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 43 the Minister, or a person nominated by the Minister, that deals with matters related to the gaming machine entitlement.". 51 New Division 5A of Part 4A of Chapter 3 inserted After Division 5 of Part 4A of Chapter 3 of the Principal Act insert— "Division 5A—Purchase by the State of gaming machine entitlements 3.4A.20A Application of Division This Division applies on and after the first gaming machine entitlement declared day declared by the Minister under section 3.4A.1. 3.4A.20B Commission to determine excess gaming machine entitlements (1) Before making an Order under section 3.4A.20C, the Minister must direct the Commission to determine whether the number of gaming machine entitlements under which gaming may be conducted in the State, a region or a municipal district exceeds the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the State, the region or the municipal district. (2) On making a determination under subsection (1) the Commission must give the determination to the Minister. Note Section 3.4A.5(3) provides that the Minister must specify the maximum number of gaming machine entitlements under which gaming may be conducted in the State. Section 3.4A.5(3A) provides that the Minister, or the Commission, may determine the maximum permissible number of gaming machine s. 51 -- 51 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 44 entitlements under which gaming may be conducted in a region or municipal district. 3.4A.20C Ministerial Order for purchase of gaming machine entitlements If, on the taking effect of an Order under section 3.4A.5(3) or (3A), the number of gaming machine entitlements under which gaming may be conducted in the State, a region or a municipal district will exceed the maximum permissible number of entitlements under which gaming may be conducted in the State, the region or the municipal district, the Minister may by Order published in the Government Gazette— (a) determine that the State will offer to purchase as many gaming machine entitlements as are required to reduce the number of gaming machine entitlements under which gaming may be conducted in the State, the region or the municipal district; and (b) determine the period or periods during which a venue operator may accept an offer to purchase gaming machine entitlements held by that entitlement holder; and (c) determine the day on which an offer to purchase gaming machine entitlements expires. 3.4A.20D Determinations for purpose of Division (1) The Minister may, from time to time for the purpose of sections 3.4A.20E to 3.4A.20G— (a) determine the gaming machine reduction requirements; or s. 51 -- 52 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 45 (b) direct the Commission to determine, based on criteria specified in the direction, the gaming machine reduction requirements. (2) The gaming machine reduction requirements are— (a) the price or prices to be paid for the gaming machine entitlements, or prices to be paid for different classes of entitlements to be purchased by the State; and (b) the date or dates by which an offer of the State to purchase gaming machine entitlements must be made; and (c) the date on which an offer of the State to purchase a gaming machine entitlement expires; and (d) any other terms and conditions that an offer of the State to purchase gaming machine entitlements must contain; and (e) in the case of a determination of the Commission— (i) the venue operators to whom an offer of the State to purchase gaming machine entitlements will be made under section 3.4A.20E; or (ii) the venue operators who will be required to reduce the number of gaming machine entitlements they hold under section 3.4A.20F— as the case requires. s. 51 -- 53 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 46 (3) The date or dates specified in an offer in accordance with subsection (2)(b) and (c) must not be a date after the date a relevant Order under section 3.4A.5(3) or (3A) takes effect. (4) If the Minister determines the gaming machine reduction requirements, the Minister must— (a) give that determination to the Commission; and (b) direct the Commission to give effect to the determination. (5) Within the time specified in a direction under this section, or if no time is specified in the direction, within 60 days after a direction under this section is given to the Commission, the Commission must give effect to the relevant direction. (6) If a direction referred to in subsection (1)(b) does not specify all of the relevant information or criteria by which the Commission must make a determination, the Commission may, in making a determination as required under this section, determine anything that is necessary to give effect to an Order under section 3.4A.20C. 3.4A.20E Initial offers by State for purchase of gaming machine entitlements (1) The Commission must, by written notice, serve on each venue operator that holds gaming machine entitlements an offer of the State to purchase the gaming machine entitlements that contains the following— (a) a copy of the applicable Order under section 3.4A.5(3) or (3A) and 3.4A.20C; s. 51 -- 54 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 47 (b) the price or prices to be paid for gaming machine entitlements held by that operator; (c) any other terms and conditions the offer to purchase the gaming machine entitlements must contain. (2) An offer under subsection (1) must be consistent with a determination of the Minister or Commission under section 3.4A.20D, as the case may be. 3.4A.20F Further reduction of gaming machine entitlements (1) This section applies if— (a) all offers under section 3.4A.20E have expired; and (b) the number of gaming machine entitlements under which gaming may be conducted in the State, or a region or municipal district (as the case requires) still exceeds the maximum permissible number of entitlements under which gaming may be conducted in the State, the region or the municipal district as determined by Order under section 3.4A.5(3) or (3A), as the case may be. (2) The Commission must determine, in accordance with a determination of the Commission under section 3.4A.20D— (a) which venue operators must reduce the number of gaming machine entitlements held by those operators; and s. 51 -- 55 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 48 (b) the reduction in the number of gaming machine entitlements held by each venue operator that must be met by the operator. (3) The Commission must give to each venue operator that it has determined under subsection (2) must reduce the number of gaming machine entitlements the operator holds a written direction specifying— (a) the required level of reduction in gaming machine entitlements in the State, the region or the municipal district, as the case requires; and (b) the required number of gaming machine entitlements the operator must no longer hold; and (c) the methods by which the operator may reduce the number of gaming machine entitlements the operator holds; and (d) the date by which that the operator must reduce the number of gaming machine entitlements the operator holds. (4) The date specified in a direction for the purpose of subsection (3)(d) must not be a date after the date a relevant Order under section 3.4A.5(3) or (3A) takes effect. (5) A venue operator given a direction under subsection (3) must comply with the direction. (6) For the purpose of subsection (3)(c), the methods by which a venue operator may reduce the number of gaming machine entitlements held by that operator are— s. 51 -- 56 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 49 (a) accepting an offer by the State under section 3.4A.20G to purchase any gaming machine entitlements; or (b) if the direction of the Commission is as a result of an Order under section 3.4A.5(3A) to reduce the number of entitlements in a region or municipal district— (i) transferring the entitlements to another venue operator so that gaming may be conducted under those entitlements outside the region or municipal district to which the Order applies; or (ii) obtaining an amendment to the geographic area condition from the Commission so that gaming may be conducted under those entitlements outside the region or municipal district to which the Order applies. 3.4A.20G Further offers by State for purchase of gaming machine entitlements (1) The Commission must, by written notice, serve on each venue operator that has been given a direction under section 3.4A.20F an offer of the State to purchase the gaming machine entitlements that contains the following— (a) a copy of the applicable Order under section 3.4A.5(3) or (3A) and section 3.4A.20C; (b) the price or prices to be paid for gaming machine entitlements held by that operator; s. 51 -- 57 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 50 (c) any other terms and conditions that offer to purchase the gaming machine entitlements must contain. (2) An offer under subsection (1) must be consistent with a determination of the Minister or Commission under section 3.4A.20D, as the case may be. 3.4A.20H Extinguishment of gaming machine entitlements purchased for purpose of State limit reduction (1) This section applies if the State purchases a gaming machine entitlement under this Division following an Order under section 3.4A.20C determining that the State will offer to purchase gaming machine entitlements in order to reduce the maximum number of entitlements under which gaming may be conducted in the State. (2) On the day the gaming machine entitlement is purchased, the entitlement— (a) is extinguished; and (b) any interest, right or privilege in or to which that entitlement is subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished. 3.4A.20I Extinguishment on reduction of State limit (1) This section applies if a venue operator— (a) holds gaming machine entitlements to which an Order under section 3.4A.5(3) relates; and s. 51 -- 58 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 51 (b) does not reduce the number of gaming machine entitlements the operator holds in accordance with a direction under section 3.4A.20F. (2) On the day the Order takes effect— (a) all of the gaming machine entitlements to which the direction under section 3.4A.20F relates and which are held by the operator contrary to the direction are extinguished; and (b) any interest, right or privilege in or to which those entitlements are subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished. 3.4A.20J No compensation payable No compensation is payable by the State in respect of anything given or anything done under or arising out of anything under this Division.". 52 New Division 8A of Part 4A of Chapter 3 inserted After Division 8 of Part 4A of Chapter 3 insert— "Division 8A—Forfeiture of gaming machine entitlements following offers to purchase those entitlements 3.4A.27A Forfeiture to State—after reduction of regional or municipal district limit (1) This section applies if— (a) an Order has been made under section 3.4A.20C to reduce the number of gaming machine entitlements in a region or municipal district; and s. 52 -- 59 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 52 (b) a venue operator holds gaming machine entitlements to which that Order relates; and (c) that venue operator does not reduce the number of gaming machine entitlements the operator holds in accordance with a direction under section 3.4A.20F. (2) On the day after the day determined in the Order as the day on which the offer to purchase gaming machine entitlements expires, all of the gaming machine entitlements to which the direction under section 3.4A.20F relates and which are held by the operator contrary to the direction are forfeited to the State.". 53 Extinguishment of interests and rights in gaming machine entitlements In section 3.4A.28(1) of the Principal Act, for "7 or 8" substitute "7, 8 or 8A". 54 Forfeited gaming machine entitlements In section 3.4A.30 of the Principal Act, for "7 or 8" substitute "7, 8 or 8A". 55 New Division 11 of Part 4A of Chapter 3 inserted After Division 10 of Part 4A of Chapter 3 of the Principal Act insert— "Division 11—General 3.4A.34 Trade Practices Act and Competition Code authorisation (1) For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following things are authorised by this Act— s. 53 -- 60 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 53 (a) entering into a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or 3.4A.17A; (b) amending a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or 3.4A.17A; (c) giving effect to a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or 3.4A.17A (whether amended or not). (2) In this section— giving effect to, in relation to a related agreement, includes— (a) complying with any obligation under the agreement; and (b) exercising or enforcing any right or power under the agreement.". 56 Approval of gaming machine types and games After section 3.5.4(4) of the Principal Act insert— "(5) On and after the first gaming machine entitlement declared day declared by the Minister under section 3.4A.1, only a person listed on the Roll who manufactures approved gaming machines or restricted components may submit a gaming machine type or game under subsection (1).". 57 Withdrawal of approval In section 3.5.6(2)(b) of the Principal Act omit ", entitlement holders". s. 56 -- 61 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 54 58 Approval of electronic monitoring systems After section 3.5.13(3) of the Principal Act insert— "(3A) In deciding whether to make an approval under subsection (3), the Commission must have regard to any relevant standards made under section 10.1.5A.". 59 Banning large denomination note acceptors and autoplay facilities Section 3.5.29(3) of the Principal Act is repealed. 60 Spin rates Section 3.5.30(2) of the Principal Act is repealed. 61 Taxation in relation to gaming in approved venues with pub licences (1) In section 3.6.6A(2) of the Principal Act, for the variable "E" of the formula set out in that subsection substitute— "E is the total number of gaming machine entitlements held by the venue operator under which gaming is or may be conducted in the approved venue each day in a calendar month divided by the number of days in that month.". (2) In section 3.6.6A(6) of the Principal Act, for "down of that number to the nearest whole number" substitute "up of that number to the next 2 decimal points". s. 58 -- 62 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 55 (3) After section 3.6.6A(7) of the Principal Act insert— "(8) In this section— revenue means the total amount earned from bets made on a gaming machine operated under a gaming machine entitlement less— (a) the sum of all prizes paid from that amount (other than prizes from a jackpot special prize pool); and (b) the sum of the amounts determined as prescribed for payment in respect of that total amount bet to a jackpot special prize pool.". 62 Taxation in relation to gaming in approved venues with club licences or racing club licences (1) In section 3.6.6B(1) of the Principal Act, after "licence" insert "or racing club licence". (2) In section 3.6.6B(2) of the Principal Act, for "entitlement holder" substitute "venue operator". (3) In section 3.6.6B(2) of the Principal Act, for the variable "E" of the formula set out in that subsection substitute— "E is the total number of gaming machine entitlements held by the venue operator under which gaming is or may be conducted in the approved venue each day in a calendar month divided by the number of days in that month.". (4) In section 3.6.6B(6) of the Principal Act, for "down of that number to the nearest whole number" substitute "up of that number to the next 2 decimal points". s. 62 -- 63 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 56 (5) After section 3.6.6B(7) of the Principal Act insert— "(8) In this section— revenue means the total amount earned from bets made on a gaming machine operated under a gaming machine entitlement less— (a) the sum of all prizes paid from that amount (other than prizes from a jackpot special prize pool); and (b) the sum of the amounts determined as prescribed for payment in respect of that total amount bet to a jackpot special prize pool.". 63 New Division 3 of Part 7 of Chapter 3 inserted After Division 2 of Part 7 of Chapter 3 of the Principal Act insert— "Division 3—Other requirements 3.7.6A Directions to gaming operator to provide information etc. (1) The Minister may give a written direction to a gaming operator requiring the operator to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the operator; and (b) in the opinion of the Minister relates to the kind of things that the monitoring licensee will be authorised to do under the monitoring licence and is s. 63 -- 64 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 57 considered by the Minister to be relevant to— (i) an invitation or proposed invitation to apply for the monitoring licence; or (ii) an invitation or proposed invitation to apply for the monitoring licence under section 3.4.40. (2) A gaming operator must comply with a direction under subsection (1). (3) The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to— (a) the Commission; and (b) a possible invitee (within the meaning of section 3.4.41(2)); and (c) persons who apply for the monitoring licence in accordance with section 3.4.42. 3.7.6B Directions to monitoring licensee to provide information etc. (1) The Minister may give a written direction to the monitoring licensee requiring the monitoring licensee to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the monitoring licensee; and s. 63 -- 65 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 58 (b) in the opinion of the Minister relates to the kind of things that a monitoring licensee will be authorised to do under the monitoring licence and is considered by the Minister to be relevant to— (i) an invitation or proposed invitation to apply for the monitoring licence; or (ii) an invitation or proposed invitation to apply for the monitoring licence under section 3.4.40. (2) The monitoring licensee must comply with a direction under subsection (1). (3) The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to— (a) the Commission; and (b) a possible invitee (within the meaning of section 3.4.41(2)); and (c) persons who apply for the monitoring licence in accordance with section 3.4.42. 3.7.6C No compensation payable No compensation is payable by the State in respect of anything done under section 3.7.6A or 3.7.6B or in compliance with a direction under either of those sections. s. 63 -- 66 of 121 -- Part 2—Gaming Machine and Gaming Machine Entitlement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 59 3.7.6D Directions to monitoring licensee (1) The Commission may give a written direction to the monitoring licensee relating to the conduct, supervision and control of monitoring services provided by the licensee and the monitoring licensee must comply with the direction as soon as it takes effect. (2) The direction takes effect when it is given to the licensee or at the later time specified in the direction. (3) The power conferred by this section includes a power to give a direction to a licensee to adopt, vary, cease or refrain from any practice in respect of the conduct of the monitoring. (4) A direction under this section must not be inconsistent with— (a) this Act, the regulations, the monitoring licence or related agreements referred to in section 3.4.48 or 3.4.48A; or (b) a direction of the Minister under section 3.7.6A or 3.7.6B.". __________________ s. 63 -- 67 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 60 PART 3—WAGERING AND BETTING-RELATED AMENDMENTS 64 Approval of totalisator equipment For section 4.2.3(3) of the Principal Act substitute— "(3) In approving an instrument, a contrivance, hardware, software or equipment under this section, the Commission— (a) must have regard to any relevant standards made under section 10.1.5A; and (b) may have regard to the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c).". 65 Betting exchange rules After section 4.2.4A(3) of the Principal Act insert— "(3A) Despite anything to the contrary in this section, a betting exchange rule that specifies a maximum amount that may be deducted as commission referred to in subsection (3) does not have effect unless, before the rule is made, the Treasurer has given his or her consent in writing to the maximum amount so specified.". 66 Disallowance of betting exchange rules After section 4.2.6(5) of the Principal Act insert— "(6) Despite anything to the contrary in this section, the Commission has no power to disallow a betting exchange rule that specifies the maximum amount that may be s. 64 -- 68 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 61 deducted as a betting exchange commission.". 67 New Division 8 inserted in Part 3 of Chapter 4 After Division 7 of Part 3 of Chapter 4 of the Principal Act insert— "Division 8—Further obligation to provide information 4.3.34 Directions to wagering licensee to provide information (1) The Minister may give a written direction to the wagering licensee requiring the licensee to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the licensee; and (b) in the opinion of the Minister is relevant to— (i) the arrangements between the licensee and VicRacing or Racing Products referred to in section 4.3.8(2)(b); or (ii) a call or proposed call for registrations of interest in the grant of a wagering and betting licence; or (iii) an invitation or proposed invitation to apply for a wagering and betting licence; or (iv) an application or proposed application for a wagering and betting licence. s. 67 -- 69 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 62 (2) The wagering licensee must comply with a direction under subsection (1). (3) The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to the Commission and to either or both of the following— (a) persons who register an interest in the grant of a wagering and betting licence under Part 3A of this Chapter; (b) persons who apply for a wagering and betting licence under Part 3A of this Chapter. (4) No compensation is payable by the State in respect of anything done under this section or in compliance with a direction under this section.". 68 New heading to section 4.3A.10 substituted For the heading to section 4.3A.10 of the Principal Act substitute— "Minister may refuse to issue wagering and betting licence if related agreements not entered into". 69 New sections 4.3A.10AA and 4.3A.10AB inserted After section 4.3A.10 of the Principal Act insert— "4.3A.10AA Related agreements with wagering and betting licensee (1) Subject to this section, the Minister, by written notice, may direct the wagering and betting licensee to enter into an agreement or class of agreements dealing with matters s. 68 -- 70 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 63 relating to the wagering and betting licence with— (a) the Minister; or (b) a person or class of person the Minister specifies in the direction. (2) Before giving a direction under subsection (1), the Minister must consult with the wagering and betting licensee. (3) A direction under subsection (1)— (a) must warn the wagering and betting licensee of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement or class of agreements is to be entered into. (4) The wagering and betting licensee must comply with a direction under subsection (1). (5) The wagering and betting licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. s. 69 -- 71 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 64 4.3A.10AB No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 4.3A.10AA or the entering into an agreement in compliance with a direction under section 4.3A.10AA.". 70 New sections 4.3A.13A and 4.3A.13B inserted After section 4.3A.13 of the Principal Act insert— "4.3A.13A Penalty interest for late payment A wagering and betting licensee must pay to the Commission, for payment into the Consolidated Fund, interest on a premium payment under section 4.3A.13 that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983. 4.3A.13B Recovery of amounts A premium payment under section 4.3A.13 or any interest payable under section 4.3A.13A may be recovered in a court of competent jurisdiction as a debt due to the State.". 71 Engaging contractors and appointing agents to assist with wagering and betting In section 4.3A.15(2) of the Principal Act, for "Act or gaming regulations" substitute "Act, the gaming regulations, the wagering and betting licence or any related agreement". s. 70 -- 72 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 65 72 Request by licensee for amendment of wagering and betting licence After section 4.3A.22(1) of the Principal Act insert— "(1A) The Minister may refuse to consider the request for a licence amendment if, in his or her opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 4.3A.23.". 73 Amendment of wagering and betting licence (1) After section 4.3A.23(1) of the Principal Act insert— "(1A) The Minister may, at any time, decide to make an amendment to the wagering and betting licence and give written notice of the decision to the wagering and betting licensee. (1B) Before making an amendment to the wagering and betting licence under subsection (1A), the Minister must notify the wagering and betting licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action.". (2) For section 4.3A.23(2) of the Principal Act substitute— "(2) In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion— (a) the amendment is in the public interest; and s. 72 -- 73 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 66 (b) the amendment is required for the proper conduct of the licensed activity.". (3) In section 4.3A.23(7) of the Principal Act, for "subsection (1)" substitute "subsection (1) or (1A)". 74 Temporary wagering and betting licence (1) In section 4.3A.31(1) of the Principal Act, after "may" insert ", subject to subsection (1A),". (2) After section 4.3A.31(1) of the Principal Act insert— "(1A) The Minister may, in accordance with subsection (2A), issue a temporary wagering and betting licence and appoint a temporary wagering and betting licensee for a period of 90 days.". (3) In section 4.3A.31(2) of the Principal Act, after "licence" (where first occurring) insert "under subsection (1)". (4) For section 4.3A.31(2)(a) to (c) of the Principal Act substitute— "(a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a wagering and betting business; and". (5) After section 4.3A.31(2) of the Principal Act insert— "(2A) The Minister may issue a temporary wagering and betting licence under subsection (1A) only if satisfied that— s. 74 -- 74 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 67 (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee is a suitable person to be concerned in the management and operation of a wagering and betting business, taking into account the period of time for which the licence is issued.". (5) In section 4.3A.31(3) of the Principal Act, for "A" substitute "Subject to subsections (1A) and (2A), a". (6) In section 4.3A.31(4) of the Principal Act, after "licence" insert "under subsection (1)". (7) After section 4.3A.31(4) of the Principal Act insert— "(4A) In considering whether to issue a temporary licence under subsection (1A), the Minister— (a) may consult any person the Minister considers appropriate; and (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 4.3A.32A.". 75 Report to Minister by Commission for temporary wagering and betting licence (1) In the heading to section 4.3A.32 of the Principal Act, after "Commission" insert "for a temporary wagering and betting licence". (2) In section 4.3A.32(1) of the Principal Act, after "licence" (where first occurring) insert "under section 4.3A.31(1)". s. 75 -- 75 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 68 76 New section 4.3A.32A inserted After section 4.3A.32 of the Principal Act insert— "4.3A.32A Report to Minister by Commission for a temporary wagering and betting licence issued for 90 days (1) If the Minister is considering issuing a temporary wagering and betting licence under section 4.3A.31(1A), the Minister may request the Commission to give a preliminary written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (b) containing any other information required by the Minister. (2) The Commission must comply with a request of the Minister under this section. (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (4) The report must include the reasons for any findings or recommendations contained in it.". 77 Further provisions for temporary wagering and betting licence (1) In section 4.3A.34(1) of the Principal Act, for "A" substitute "Subject to subsection (1A), a". s. 76 -- 76 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 69 (2) After section 4.3A.34(1) of the Principal Act insert— "(1A) A temporary wagering and betting licence issued under section 4.3A.31(1A) may be extended once only for a period of 90 days.". 78 New sections 4.3A.34AA and 4.3A.34AB inserted After section 4.3A.34 of the Principal Act insert— "4.3A.34AA Related agreements with temporary wagering and betting licensee (1) Subject to this section, the Minister, by written notice, may direct the temporary wagering and betting licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary wagering and betting licence with— (a) the Minister; or (b) a person or class of person the Minister specifies in the direction. (2) Before giving a direction under subsection (1), the Minister must consult with the temporary wagering and betting licensee. (3) A direction under subsection (1)— (a) must warn the temporary wagering and betting licensee of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and s. 78 -- 77 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 70 (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement or class of agreements is to be entered into. (4) The temporary wagering and betting licensee must comply with a direction under subsection (1). (5) The temporary wagering and betting licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. 4.3A.34AB No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 4.3A.34AA or the entering into an agreement in compliance with a direction under section 4.3A.34AA.". 79 Approval of telecommunication devices by Commission After section 4.3A.34B(1) of the Principal Act insert— "(1A) In approving a telecommunication device under subsection (1), the Commission must have regard to any relevant standards made under section 10.1.5A.". s. 79 -- 78 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 71 80 New sections 4.3A.39A and 4.3A.39B inserted After section 4.3A.39 of the Principal Act insert— "4.3A.39A Directions to provide information (1) The Minister may give a written direction to the wagering and betting licensee, requiring the licensee to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the licensee; and (b) in the opinion of the Minister relates to the following activities conducted under the wagering and betting licence— (i) wagering; (ii) approved betting competitions; (iii) simulated racing games; (iv) the operation of a betting exchange. (2) A wagering and betting licensee must comply with a direction under subsection (1), (3) The Minister may, subject to any conditions the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to the Commission and to either or both of the following— (a) persons who register an interest in the grant of a wagering and betting licence under this Part; (b) persons who apply for a wagering and betting licence under this Part. s. 80 -- 79 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 72 (4) No compensation is payable by the State in respect of anything done under this section or in compliance with a direction under this section. 4.3A.39B Directions to licensees (1) The Commission may give a written direction to the wagering and betting licensee relating to the conduct of activities authorised under the wagering and betting licence and the licensee must comply with the direction as soon as it takes effect. (2) The direction takes effect when it is given to the licensee or at the later time specified in it. (3) The power conferred by this section includes a power to give a direction to a licensee to adopt, vary, cease or refrain from any practice in respect of the conduct of the licence. (4) A direction under this section must not be inconsistent with this Act, the regulations or the licence conditions.". 81 New section 4.6.3A inserted After section 4.6.3 of the Principal Act insert— "4.6.3A Wagering tax review The Treasurer must cause a review to be made of the tax rate set out in section 4.6.3(1A) and must cause a copy of the report to be laid before each House of Parliament on or before 31 December 2012.". s. 81 -- 80 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 73 82 New Part 9 of Chapter 4 inserted After Part 8 of Chapter 4 of the Principal Act insert— "PART 9—OTHER MATTERS 4.9.1 Trade Practices Act and Competition Code (1) 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) the grant of the wagering and betting licence or a temporary wagering and betting licence; (b) conduct authorised or required by or under the conditions of a wagering licence, wagering and betting licence or a temporary wagering and betting licence; (c) entering into an arrangement referred to in section 4.3.8(2), 4.3A.7, 4.3A.10, 4.3A.10AA or 4.3A.34AA; (d) amending an arrangement referred to in section 4.3.8(2), 4.3A.7, 4.3A.10, 4.3A.10AA or 4.3A.34AA; (e) giving effect to an arrangement referred to in section 4.3.8(2), 4.3A.7, 4.3A.10, 4.3A.10AA or 4.3A.34AA (whether amended or not). (2) In this section— arrangement includes agreement and understanding; s. 82 -- 81 of 121 -- Part 3—Wagering and Betting-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 74 giving effect to, in relation to an arrangement, includes— (a) complying with any obligation under the arrangement, and (b) exercising or enforcing any right or power under the arrangement. __________________". __________________ s. 82 -- 82 of 121 -- Part 4—Lotteries-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 75 PART 4—LOTTERIES-RELATED AMENDMENTS 83 Approval of computer equipment For section 5.2.1A(3) of the Principal Act substitute— "(3) In approving an instrument, contrivance, hardware, software or other equipment under this section, the Commission— (a) must have regard to any relevant standards made under section 10.1.5A; and (b) may have regard to the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c).". 84 Request by licensee for amendment of public lottery licence After section 5.3.16(1) of the Principal Act insert— "(1A) The Minister may refuse to consider the request for a licence amendment if, in his or her opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 5.3.19.". 85 Amendment of public lottery licence (1) After section 5.3.19(1) of the Principal Act insert— "(1A) The Minister may, at any time, decide to make an amendment to the public lottery licence and give written notice of the decision to the public lottery licensee. s. 83 -- 83 of 121 -- Part 4—Lotteries-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 76 (1B) Before making an amendment to the public lottery licence under subsection (1A), the Minister must notify the public lottery licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action.". (2) For section 5.3.19(2) of the Principal Act substitute— "(2) In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion— (a) the amendment is in the public interest; and (b) the amendment is required for the proper conduct of the licensed activity.". (3) In section 5.3.19(5) of the Principal Act, for "subsection (1)" substitute "subsection (1) or (1A)". 86 Temporary public lottery licences (1) In section 5.3.27(1) of the Principal Act, after "may" insert ", subject to subsection (1A),". (2) After section 5.3.27(1) of the Principal Act insert— "(1A) The Minister may, in accordance with subsection (2A), issue a temporary public lottery licence and appoint a temporary public lottery licensee for a period of 90 days.". s. 86 -- 84 of 121 -- Part 4—Lotteries-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 77 (3) For section 5.3.27(2) of the Principal Act substitute— "(2) The Minister may issue a temporary public lottery licence under subsection (1) only if satisfied that— (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a public lottery business. (2A) The Minister may issue a temporary public lottery licence under subsection (1A) only if satisfied that— (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee is a suitable person to be concerned in the management and operation of a public lottery business, taking into account the period of time for which the licence is issued.". (4) In section 5.3.27(3) of the Principal Act, for "A" substitute "Subject to subsections (1A) and (2A), a". (5) After section 5.3.27(3) of the Principal Act insert— "(3A) In determining whether to issue a temporary public lottery licence under subsection (1), the Minister— (a) may consult any person the Minister considers appropriate; and s. 86 -- 85 of 121 -- Part 4—Lotteries-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 78 (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 5.3.28. (3B) In considering whether to issue a temporary public lottery licence under subsection (1A), the Minister— (a) may consult any person the Minister considers appropriate; and (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 5.3.28A.". (6) In section 5.3.27(4) of the Principal Act, for "A" substitute "Subject to subsection (4A), a". (7) After section 5.3.27(4) of the Principal Act insert— "(4A) A temporary public lottery licence issued under subsection (1A) may be extended once only for a period of 90 days.". 87 Report to Minister by Commission for temporary public licence (1) In the heading to section 5.3.28 of the Principal Act, after "Commission" insert "for a temporary public lottery licence". (2) In section 5.3.28(1) of the Principal Act, for "5.3.27" substitute "5.3.27(1)". s. 87 -- 86 of 121 -- Part 4—Lotteries-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 79 88 New section 5.3.28A inserted After section 5.3.28 of the Principal Act insert— "5.3.28A Report to Minister by Commission for a temporary public lottery licence issued for 90 days (1) If the Minister is considering issuing a temporary public lottery licence under section 5.3.27(1A), the Minister may request the Commission to give a preliminary written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (b) containing any other information required by the Minister. (2) The Commission must comply with a request of the Minister under this section. (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (4) The report must include the reasons for any findings or recommendations contained in it.". __________________ s. 88 -- 87 of 121 -- Part 5—Club Keno-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 80 PART 5—CLUB KENO-RELATED AMENDMENTS 89 New Division 3 of Part 3 of Chapter 6 inserted After Division 2 of Part 3 of Chapter 6 of the Principal Act insert— "Division 3—Unclaimed prizes 6.3.4 Unclaimed prizes (1) On or before the last day of each month (the payment month), the participants must pay to the Treasurer an amount equal to the sum of all prizes won that have remained unclaimed for not less than 6 months on the first day of that payment month less the expenses of the participants reasonably incurred in searching for the persons entitled to those prizes. (2) For the purposes of subsection (1), a prize that has been won in a club keno game, where the record of entry relates to more than one club keno game conducted during a period, is deemed to have been won on the date when winners of prizes in the last club keno game recorded on the record of entry are determined. (3) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (1), the Treasurer, on being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose.". s. 89 -- 88 of 121 -- Part 5—Club Keno-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 81 90 New Part 6 of Chapter 6 inserted After Part 5 of Chapter 6 of the Principal Act insert— "PART 6—GENERAL 6.6.1 Directions to participants to provide information (1) The Minister may give a written direction to a participant requiring the participant to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the participant; and (b) in the opinion of the Minister is relevant to— (i) a call or proposed call for registrations of interest in the grant of a keno licence; or (ii) an invitation or proposed invitation to apply for a keno licence; or (iii) an application or proposed application for a keno licence. (2) A participant must comply with a direction under subsection (1). (3) The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to the Commission and to either or both of the following— s. 90 -- 89 of 121 -- Part 5—Club Keno-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 82 (a) persons who register an interest in the grant of a keno licence; (b) persons who apply for a keno licence. (4) No compensation is payable by the State in respect of anything done under this section or in compliance with a direction under this section. __________________". __________________ s. 90 -- 90 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 83 PART 6—KENO-RELATED AMENDMENTS 91 Approval of keno system After section 6A.2.5(3) of the Principal Act insert— "(3A) In approving a keno system or a variation to a keno system, the Commission must have regard to any relevant standards made under section 10.1.5A.". 92 New heading to section 6A.3.10 substituted For the heading to section 6A.3.10 of the Principal Act substitute— "Minister may refuse to issue keno licence if related agreements not entered into". 93 New sections 6A.3.10A and 6A.3.10B inserted After section 6A.3.10 of the Principal Act insert— "6A.3.10A Related agreements with keno licensee (1) Subject to this section, the Minister, by written notice, may direct the keno licensee to enter into an agreement or class of agreements dealing with matters relating to the keno licence with— (a) the Minister; or (b) a person or class of person the Minister specifies in the direction. (2) Before giving a direction under subsection (1), the Minister must consult with the keno licensee. s. 91 -- 91 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 84 (3) A direction under subsection (1)— (a) must warn the keno licensee of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement or class of agreements is to be entered into. (4) The keno licensee must comply with a direction under subsection (1). (5) The keno licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. 6A.3.10B No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 6A.3.10A or the entering into an agreement in compliance with a direction under section 6A.3.10A.". s. 93 -- 92 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 85 94 New sections 6A.3.13A and 6A.3.13B inserted After section 6A.3.13 of the Principal Act insert— "6A.3.13A Penalty interest for late payment The keno licensee must pay to the Commission, for payment into the Consolidated Fund, interest on a premium payment under section 6A.3.13 that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983. 6A.3.13B Recovery of amounts A premium payment under section 6A.3.13 or any interest payable under section 6A.3.13A may be recovered in a court of competent jurisdiction as a debt due to the State.". 95 Engaging contractors and appointing agents to assist with keno games In section 6A.3.15(2) of the Principal Act, for "Act or gaming regulations" substitute "Act, the gaming regulations, the keno licence or any related agreement". 96 Request by licensee for amendment of keno licence After section 6A.3.22(1) of the Principal Act insert— "(1A) The Minister may refuse to consider the request for a licence amendment if, in his or her opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 6A.3.23.". s. 94 -- 93 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 86 97 Amendment of keno licence (1) After section 6A.3.23(1) of the Principal Act insert— "(1A) The Minister may, at any time, decide to make an amendment to the keno licence and give written notice of the decision to the keno licensee. (1B) Before making an amendment to the keno licence under subsection (1A), the Minister must notify the keno licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action.". (2) For section 6A.3.23(2) of the Principal Act substitute— "(2) In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion— (a) the amendment is in the public interest; and (b) the amendment is required for the proper conduct of the licensed activity.". (3) In section 6A.3.23(7) of the Principal Act, for "subsection (1)" substitute "subsection (1) or (1A)". 98 Temporary keno licence (1) In section 6A.3.31(1) of the Principal Act, after "may" insert ", subject to subsection (1A),". (2) After section 6A.3.31(1) of the Principal Act insert— "(1A) The Minister may, in accordance with subsection (2A), issue a temporary keno s. 97 -- 94 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 87 licence and appoint a temporary keno licensee for a period of 90 days.". (3) For section 6A.3.31(2) of the Principal Act substitute— "(2) The Minister may issue a temporary keno licence under subsection (1) only if satisfied that— (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a keno business. (2A) The Minister may issue a temporary keno licence under subsection (1A) only if satisfied that— (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee is a suitable person to be concerned in the management and operation of a keno business, taking into account the period of time for which the licence is issued.". (4) In section 6A.3.31(3) of the Principal Act, for "A" substitute "Subject to subsections (1A) and (2A), a". (5) In section 6A.3.31(4) of the Principal Act, after "licence" insert "under subsection (1)". s. 98 -- 95 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 88 (6) After section 6A.3.31(4) of the Principal Act insert— "(4A) In considering whether to issue a temporary licence under subsection (1A), the Minister— (a) may consult any person the Minister considers appropriate; and (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 6A.3.32A.". 99 Report to Minister by Commission for a temporary keno licence (1) In the heading to section 6A.3.32 of the Principal Act, after "Commission" insert "for a temporary keno licence". (2) In section 6A.3.32(1) of the Principal Act, after "licence" (where first occurring) insert "under section 6A.3.31(1)". 100 New section 6A.3.32A inserted After section 6A.3.32 of the Principal Act insert— "6A.3.32A Report to Minister by Commission for a temporary keno licence issued for 90 days (1) If the Minister is considering issuing a temporary keno licence under section 6A.3.31(1A), the Minister may request the Commission to give a preliminary written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and s. 99 -- 96 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 89 (b) containing any other information required by the Minister. (2) The Commission must comply with a request of the Minister under this section. (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (4) The report must include the reasons for any findings or recommendations contained in it.". 101 Further provisions for temporary licence (1) In section 6A.3.34(1) of the Principal Act, for "A" substitute "Subject to subsection (1A), a". (2) After section 6A.3.34(1) of the Principal Act insert— "(1A) A temporary keno licence issued under section 6A.3.31(1A) may be extended once only for a period of 90 days.". 102 New sections 6A.3.34A and 6A.3.34B inserted After section 6A.3.34 of the Principal Act insert— "6A.3.34A Related agreements with temporary keno licensee (1) Subject to this section, the Minister, by written notice, may direct a temporary keno licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary keno licence with— (a) the Minister; or (b) a person or class of person the Minister specifies in the direction. s. 101 -- 97 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 90 (2) Before giving a direction under subsection (1), the Minister must consult with the temporary keno licensee. (3) A direction under subsection (1)— (a) must warn the temporary keno licensee of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement or class of agreements is to be entered into. (4) The temporary keno licensee must comply with a direction under subsection (1). (5) The temporary keno licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. 6A.3.34B No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 6A.3.34A or entering into an agreement in compliance with a direction under section 6A.3.34A.". s. 102 -- 98 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 91 103 New sections 6A.3.39A to 6A.3.39D inserted After section 6A.3.39 of the Principal Act insert— "6A.3.39A Directions to provide information (1) The Minister may give a written direction to the keno licensee, requiring the licensee to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the licensee; and (b) in the opinion of the Minister relates to the activities conducted under the keno licence. (2) A keno licensee must comply with a direction under subsection (1). (3) The Minister may, subject to any conditions the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to the Commission and to either or both of the following— (a) persons who register an interest in the grant of a keno licence under this Part; (b) persons who apply for a keno licence under this Part. (4) No compensation is payable by the State in respect of anything done under this section or in compliance with a direction under this section. s. 103 -- 99 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 92 6A.3.39B Directions to licensee (1) The Commission may give a written direction to the keno licensee relating to the conduct of activities authorised under the keno licence and the licensee must comply with the direction as soon as it takes effect. (2) The direction takes effect when it is given to the licensee or at the later time specified in the direction. (3) The power conferred by this section includes a power to give a direction to a licensee to adopt, vary, cease or refrain from any practice in respect of the conduct of the licence. (4) A direction under this section must not be inconsistent with this Act, the regulations or the licence conditions. 6A.3.39C Claim for prize (1) If a claim for a prize in a keno game is made to a keno licensee and that prize has not been paid to the Treasurer in accordance with section 6A.3.39D(1), the licensee must— (a) immediately try to resolve the claim; and (b) if the licensee is not able to resolve the claim, promptly give the claimant written notice— (i) of the licensee's decision on the claim; and (ii) that the claimant may, within 10 days after receiving the notice, ask the Commission to review the decision. s. 103 -- 100 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 93 (2) If the claim is not resolved, the claimant may ask the Commission— (a) if the claimant has received a notice under subsection (1)(b), to review the licensee's decision on the claim; or (b) if no notice has been received, to resolve the claim. (3) A request to the Commission under subsection (2)— (a) must be in the form approved by the Commission; and (b) if the claimant received a notice under subsection (1)(b), must be made within 10 days after receiving the notice. (4) If a request is made to the Commission, the Commission may carry out any investigations the Commission considers necessary to resolve matters in dispute. (5) A function of the Commission under this section may be performed by any commissioner. 6A.3.39D Unclaimed prizes (1) On or before the last day of each month (the payment month), the keno licensee must pay to the Treasurer an amount equal to the sum of all prizes won that have remained unclaimed for not less than 6 months on the first day of that payment month less the expenses of the keno licensee reasonably incurred in searching for the persons entitled to those prizes. (2) For the purposes of subsection (1), a prize that has been won in a keno game, where the record of entry relates to more than one keno game conducted during a period, is deemed s. 103 -- 101 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 94 to have been won on the date when winners of prizes in the last game recorded on the record of entry are determined. (3) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (1), the Treasurer, on being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose.". 104 New Part 6 of Chapter 6A inserted After Part 5 of Chapter 6A of the Principal Act insert— "PART 6—OTHER MATTERS 6A.6.1 Trade Practices Act and Competition Code (1) 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) the grant of a keno licence or a temporary keno licence; (b) conduct authorised or required by or under the conditions of a keno licence or a temporary keno licence; (c) entering into a related agreement referred to in section 6A.3.10, 6A.3.10A or 6A.3.34A; (d) amending a related agreement referred to in section 6A.3.10, 6A.3.10A or 6A.3.34A; s. 104 -- 102 of 121 -- Part 6—Keno-related amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 95 (e) giving effect to a related agreement referred to in section 6A.3.10, 6A.3.10A or 6A.3.34A (whether amended or not). (2) In this section— giving effect to, in relation to a related agreement, includes— (a) complying with any obligation under the agreement; and (b) exercising or enforcing any right or power under the agreement. __________________". __________________ s. 104 -- 103 of 121 -- Part 7—Community and Charitable Gaming-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 96 PART 7—COMMUNITY AND CHARITABLE GAMING- RELATED AMENDMENTS 105 New section 8.4.7A inserted After section 8.4.7 of the Principal Act insert— "8.4.7A Payment of prize money and cashing of cheques (1) If a person wins prize money of $1000 or more in a bingo game, the bingo centre operator or a nominee of the community or charitable organisation who is conducting the bingo game must not pay out, or allow another person to pay out, any of that prize money except by cheque that is not payable to cash. Penalty: 60 penalty units. (2) The bingo centre operator or a nominee of the community or charitable organisation who is conducting the bingo game must, at the request of a person, pay out any prize money from a bingo game to the person by cheque that is not payable to cash. Penalty: 60 penalty units.". __________________ s. 105 -- 104 of 121 -- Part 8—Administration and Enforcement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 97 PART 8—ADMINISTRATION AND ENFORCEMENT- RELATED AMENDMENTS 106 Commission's functions After section 10.1.4(2)(ab) of the Principal Act insert— "(ac) regulating the allocation, transfer and use of gaming machine entitlements; (ad) regulating the monitoring licensee and its activities; (ae) any functions conferred on the Commission under the gaming machine entitlement allocation and transfer rules; (af) making determinations, declarations and decisions and giving approvals under this Act in respect of betting exchanges; (ag) approving simulated racing events;". 107 New section 10.1.5A inserted After section 10.1.5 of the Principal Act insert— "10.1.5A Standards for approvals of technical equipment and systems (1) The Commission, with the approval of the Minister, may make and amend standards in respect of any technical equipment and systems that the Commission is required to approve under this Act. (2) The Commission must— (a) publish each standard, and each amendment to a standard, on the Internet; and (b) publish a notice of the making or amendment of each standard in the Government Gazette. s. 106 -- 105 of 121 -- Part 8—Administration and Enforcement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 98 (3) A standard or amendment to a standard comes into force on the day specified in the notice of making published in the Government Gazette. (4) A function of the Commission under this section may be performed by any commissioner. (5) In this section— technical equipment and systems means a system, equipment, instrument, a contrivance, hardware, software or a device referred to in section 3.5.13, 4.2.3, 4.3A.34B, 5.2.1A or 6A.2.5. Note Standards for the approval of gaming machines types and games are made by the Commission under section 3.5.3.". 108 Public hearings for amendments to venue operators' licences to increase gaming machine numbers For section 10.1.22(2)(c)(iii) of the Principal Act substitute— "(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; (iiia) increase the number of gaming machines permitted in an approved venue, that is within 2 years after an increase approved by the Commission, that was for not more than 10% in the number of gaming machines permitted in the venue;". s. 108 -- 106 of 121 -- Part 8—Administration and Enforcement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 99 109 New section 10.1.22A inserted After section 10.1.22 of the Principal Act insert— "10.1.22A Procedure for non-public hearing of applications for gaming machine increases (1) This section applies if— (a) a proposed amendment is requested by a venue operator to its venue operator's licence to increase the number of gaming machines permitted in an approved venue; and (b) the proposed amendment is not a matter referred to in section 10.1.22(2)(c)(iii) or (iiia). (2) The Commission may make its decision under section 3.4.20 without conducting a meeting or inquiry in public for the purposes of the decision if— (a) the municipal council has not made a submission under section 3.4.19 in respect of the proposed amendment; or (b) the municipal council has made a submission under section 3.4.19 in respect of the proposed amendment and the venue operator and municipal council have agreed to the Commission not conducting a meeting or inquiry in public for the purposes of the decision. (3) On making a decision to which this section applies, the Commission must deliver its decision in public.". s. 109 -- 107 of 121 -- Part 8—Administration and Enforcement-Related Amendments Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 100 110 Commission to give written statement after public hearing or on request (1) In section 10.1.23(1) of the Principal Act, after "public" insert "(other than a matter required by section 10.1.22(2)(a), (c)(iii) or (c)(iiia))". (2) After section 10.1.23(1) of the Principal Act insert— "(1A) The Commission must give a written statement of its decision and the reasons for a decision made in relation to any matter required by section 10.1.22(2)(a), (c)(iii) or (c)(iiia) to be held in public or to which section 10.1.22A applies, within 28 days after the decision.". 111 Subject matter for regulations In item 2.1 of Part 2 of Schedule 1 to the Principal Act, for "licences and minor gaming permits" substitute "licences, minor gaming permits and the conduct of bingo". __________________ s. 110 -- 108 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 101 PART 9—OTHER AMENDMENTS, SAVINGS AND TRANSITIONALS Division 1—Consequential amendments relating to the provision of monitoring services 112 Purpose, objective and outline of Act (1) In section 1.1(2)(c) of the Principal Act, for "gaming machines and gaming equipment" substitute "gaming equipment and monitoring equipment". (2) In section 1.1(3)(g) of the Principal Act, for "conduct of gaming" substitute "conduct of activities authorised under Chapter 8". (3) In section 1.1(3)(i) of the Principal Act, after "conduct of gaming" insert "and conduct of monitoring". 113 Purpose of Chapter 3 (1) In section 3.1.1 of the Principal Act, for "gaming machines and gaming equipment" substitute "gaming equipment and monitoring equipment". (2) In section 3.1.1(b) of the Principal Act, for "gaming machines and gaming equipment" substitute "gaming equipment and monitoring equipment". 114 Application of Chapter 3 to casino operator (1) In section 3.1.5(2)(a) of the Principal Act, for "and restricted components" substitute ", restricted gaming components and restricted monitoring components". (2) In section 3.1.5(2)(c) of the Principal Act, after "gaming equipment" insert "and monitoring equipment". s. 112 -- 109 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 102 115 Gaming in approved venue declared lawful (1) In section 3.2.1(1) of the Principal Act, after "conduct of gaming" insert "and the conduct of monitoring". (2) In section 3.2.1(2) of the Principal Act, after "conduct of gaming" insert "and the conduct of monitoring". 116 Possession of gaming machines may be authorised (1) In the heading to section 3.2.2 of the Principal Act, for "gaming machines" substitute "gaming equipment or monitoring equipment". (2) In section 3.2.2(1) of the Principal Act, for "a gaming machine or gaming equipment" substitute "gaming equipment or monitoring equipment". 117 Monitoring restrictions for persons listed on the Roll and related persons In section 3.2A.3(1)(a)(i) of the Principal Act, for "restricted components" substitute "restricted gaming components". 118 Restrictions for the monitoring licensee and related persons In section 3.2A.5(2)(b)(i) of the Principal Act, for "restricted components" substitute "restricted gaming components". 119 Authority conferred by gaming operator's licence In section 3.4.1(2) of the Principal Act, for "or restricted components" (where twice occurring) substitute ", restricted gaming components or restricted monitoring components". s. 115 -- 110 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 103 120 Authority conferred by gaming operator's licence (1) In section 3.4.2 of the Principal Act, for "and restricted components" (wherever occurring) substitute ", restricted gaming components or restricted monitoring components". (2) In section 3.4.2(f) of the Principal Act, after "gaming equipment" insert "and monitoring equipment". 121 Authority conferred by monitoring licence In section 3.4.4(1)(c) of the Principal Act, for "gaming equipment" substitute "monitoring equipment". 122 Authority conferred by listing on the Roll (1) In section 3.4.5(b) of the Principal Act, for "restricted components" substitute "restricted gaming components or restricted monitoring components". (2) In section 3.4.5(c) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". (3) In section 3.4.5(d) of the Principal Act, for "or games" (where twice occurring) substitute ", monitoring equipment or games". 123 Licence may authorise preparatory action (1) In section 3.4.52(6) of the Principal Act, in the definition of current gaming monitoring activities, after "gaming equipment" (where twice occurring) insert "or monitoring equipment". (2) In section 3.4.52(6) of the Principal Act, in paragraph (a) and (b) of the definition of current gaming monitoring activities, after "conduct of gaming" insert "or the conduct of monitoring". s. 120 -- 111 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 104 124 Offence to breach licence conditions In section 3.4.61(1)(a) and (b) of the Principal Act, for "or restricted components" substitute ", restricted gaming components and restricted monitoring components". 125 Disciplinary action (1) In section 3.4.65(1) of the Principal Act, in paragraph (f) of the definition of grounds for disciplinary action, for "or restricted component" substitute ", restricted gaming component or restricted monitoring component". (2) In section 3.4.65(1) of the Principal Act, in paragraph (g) of the definition of grounds for disciplinary action, for "or games" substitute ", monitoring equipment or games". 126 Authority conferred by gaming machine entitlements (1) In section 3.4A.2(1)(a) of the Principal Act, for "restricted components" substitute "restricted gaming components". (2) In section 3.4A.2(2)(a) of the Principal Act, for "restricted components" substitute "restricted gaming components". (3) In section 3.4A.2(2)(b) of the Principal Act, for "restricted components" substitute "restricted gaming components". 127 Manufacture, sale, supply, obtaining or possession of gaming machines (1) In section 3.5.1(1) of the Principal Act, for "or a restricted component" substitute ", a restricted gaming component or a restricted monitoring component". s. 124 -- 112 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 105 (2) In section 3.5.1(4) of the Principal Act, for "or restricted component" substitute ", restricted gaming component or restricted monitoring component". (3) In section 3.5.1(6) of the Principal Act, for "or a restricted component" substitute ", a restricted gaming component or a restricted monitoring component". 128 Unlawful interference with gaming equipment or monitoring equipment (1) In the heading to section 3.5.10 of the Principal Act, after "gaming equipment" insert "or monitoring equipment". (2) In section 3.5.10(1)(a) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". (3) In section 3.5.10(1)(b) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". 129 Protection of sensitive areas of gaming equipment or monitoring equipment (1) In the heading to section 3.5.11 of the Principal Act, after "gaming equipment" insert "or monitoring equipment". (2) In section 3.5.11(1)(e) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". (3) In section 3.5.11(1)(l) of the Principal Act, after "gaming equipment" (where twice occurring) insert "or monitoring equipment". (4) In section 3.5.11(2) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". s. 128 -- 113 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 106 130 Approval of electronic monitoring systems In section 3.5.13(4) of the Principal Act, after "gaming equipment" insert ", monitoring equipment". 131 Installation and storage of gaming machines (1) In section 3.5.15(2) of the Principal Act, after "gaming equipment" (where first and secondly occurring) insert "or monitoring equipment". (2) In section 3.5.15(2)(a) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". 132 Certificates of installation (1) In section 3.5.16(1) and (3) of the Principal Act, after "gaming equipment" (wherever occurring) insert "or monitoring equipment". (2) After section 3.5.16(5) of the Principal Act insert— "(5A) The monitoring licensee must ensure that gaming does not commence on gaming equipment that is connected to an electronic monitoring system operated by the licensee in respect of which certificates under subsections (1) and (3)— (a) have not been signed; or (b) have been signed in contravention of subsection (2) or (4). Penalty: 1000 penalty units.". 133 Malfunction of gaming machines or monitoring equipment In section 3.5.20(1) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". s. 130 -- 114 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 107 134 Defective gaming machines not allowed (1) In section 3.5.21(1)(b) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". (2) In section 3.5.21(1) of the Principal Act, for "or gaming equipment" substitute ", gaming equipment or monitoring equipment". 135 Commission may give directions (1) In section 3.5.27(1) of the Principal Act, after "gaming operator" insert "or the holder of a monitoring licence". (2) For section 3.5.27(1)(a) of the Principal Act substitute— "(a) as the case requires, the conduct of gaming or the conduct of monitoring;". 136 Legality of onboard gaming In section 9.3.1 of the Principal Act, after "gaming equipment" insert "or monitoring equipment". 137 Non-applicability of other laws In section 9.3.2(2) of the Principal Act, after "gaming equipment" (where twice occurring) insert "or monitoring equipment". 138 Unlawful interference with gaming equipment In section 9.3.4(1)(a) and (b) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". 139 Authority conferred by a gaming industry employee's licence (1) In section 9A.1.2(1)(c) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". s. 134 -- 115 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 108 (2) In section 9A.1.2(1)(d) of the Principal Act, after "gaming equipment" insert ", monitoring equipment". 140 Objectives of Commission In section 10.1.3(b) of the Principal Act, for "gaming machines and gaming equipment" substitute "gaming equipment or monitoring equipment". 141 Seizure and forfeiture of equipment (1) In section 10.5.29(1) and (3) of the Principal Act, after "gaming equipment" insert "or monitoring equipment". (2) For section 10.5.29(5)(a) and (b) of the Principal Act substitute— "(a) is not, as the case requires, gaming equipment or monitoring equipment; or (b) is, as the case requires, gaming equipment or monitoring equipment authorised under a gaming Act to be on the premises.". Division 2—Other minor amendments 142 Statute law revision (1) In Division 5 of Part 5 of Chapter 2 of the Principal Act, for "2.5.14A" substitute "2.5.15AA". (2) In section 3.2A.7(1) of the Principal Act, for "entitlements.." substitute "entitlements.". (3) In section 3.2A.7(4) of the Principal Act, for "account.." substitute "account.". (4) In section 3.1.2 of the Principal Act, in the definition of geographic area condition, for "3.4A.5(2)(a)" substitute "3.4A.5(4)(a)". s. 140 -- 116 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 109 (5) In section 3.4A.3(1)(b)(i) of the Principal Act, for "operators," substitute "operators;". (6) In section 3.6.6A(4) of the Principal Act, for "an venue" substitute "a venue". (7) In section 4.2.9(3)(a)(i) of the Principal Act, for "licensee, and;" substitute "licensee; and". (8) In section 4.3A.34A of the Principal Act, for '"approved non-Victorian telecommunication device' substitute "approved non-Victorian telecommunication device"; (9) In section 4.3A.34A of the Principal Act, in the definition of direct participant— (a) in paragraph (a), for "is horse" substitute "is a horse"; (b) in paragraph (b)(iii), for "performs or an" substitute "performs an". (10) In section 4.3A.34M(8) of the Principal Act, after "If" insert "a". (11) In section 4.6.6A(1) of the Principal Act, before "during" insert "licensee". (12) In section 10.5.32(1)(d) of the Principal Act, for "Act; or" substitute "Act—". Division 3—Savings and transitionals 143 New clause 22.1AB of Part 22 of Schedule 7 inserted After clause 22.1A of Schedule 7 to the Principal Act insert— "22.1AB Venue operators that do not hold a club licence, pub licence or racing club licence (1) This clause applies if immediately before the day on which section 143 of the Gambling Regulation Further Amendment Act 2009 comes into operation (the relevant day) a s. 143 -- 117 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 110 venue operator (a relevant operator) does not hold a club licence, pub licence or racing club licence. (2) On the relevant day, a relevant operator that meets the club requirements is to be taken to hold a club venue operator's licence. (3) On the relevant day, a relevant operator that does not meet the club requirements is to be taken to hold a hotel venue operator's licence. (4) In this clause— club requirements, in relation to a relevant operator, means the operator is a club— (a) that is established for a community purpose; and (b) the constituting document of which contains provisions prohibiting— (i) the distribution of any annual profit or surplus to its members; and (ii) the distribution of any surplus to its members on winding up.". 144 New Part 24 of Schedule 7 inserted After Part 23 of Schedule 7 to the Principal Act insert— "PART 24—GAMBLING REGULATION FURTHER AMENDMENT ACT 2009 24.1 Specified areas (1) Despite the repeal of section 3.5.29(3) by section 59 of the Gambling Regulation Further Amendment Act 2009, a notice s. 144 -- 118 of 121 -- Part 9—Other Amendments, Savings and Transitionals Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 111 which specifies an area under that section as in force immediately before that repeal is to be taken to remain in force for a period of three months after that repeal. (2) Despite the repeal of section 3.5.30(2) by section 60 of the Gambling Regulation Further Amendment Act 2009, a notice which specifies an area under that section as in force immediately before that repeal is to be taken to remain in force for a period of three months after that repeal.". __________________ s. 144 -- 119 of 121 -- Part 10—Repeal of Act Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 112 PART 10—REPEAL OF ACT 145 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. 145 -- 120 of 121 -- Gambling Regulation Further Amendment Act 2009 No. 58 of 2009 113 ENDNOTES † Minister's second reading speech— Legislative Assembly: 13 August 2009 Legislative Council: 3 September 2009 The long title for the Bill for this Act was "A Bill for an Act to make miscellaneous amendments to the Gambling Regulation Act 2003 and for other purposes." Endnotes -- 121 of 121 --