Gambling Regulation Amendment (Licensing) Act 2008

i Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 PART 2—LICENSING AMENDMENTS 3 4 Definitions 3 5 Amendment of Chapter 4 4 6 New section 4.3.4A inserted 7 4.3.4A Application of Part 7 7 Temporary licensee 7 8 New Part 3A inserted in Chapter 4 7 PART 3A—WAGERING AND BETTING LICENCE 7 Division 1—Authority and number of wagering and betting licences 7 4.3A.1 Authority of wagering and betting licence 7 4.3A.2 One licence 8 Division 2—Licensing procedure 8 4.3A.3 Registration of interest 8 4.3A.4 Report to Minister by Secretary on registrations of interest 11 4.3A.5 Application for licence 11 4.3A.6 Report to Minister by Secretary on applications 13 4.3A.7 Determination of applications 14 4.3A.7A Prohibition on improper interference 17 4.3A.8 Issue of licence 17 4.3A.9 Licence conditions 18 4.3A.10 Related agreements 18 4.3A.11 Duration of licence 19 4.3A.12 Licence may authorise preparatory action 20 4.3A.13 Premium payment 21 -- 1 of 147 -- Section Page ii 4.3A.14 Publication and tabling 21 4.3A.15 Engaging contractors and appointing agents to assist with wagering and betting 23 Division 3—Transfer of licence 24 4.3A.16 Transfer only under this Division 24 4.3A.17 Application to transfer licence 24 4.3A.18 Transfer of wagering and betting licence 25 4.3A.19 Report to Minister by Commission 28 4.3A.20 Related agreements 29 4.3A.21 Publication and tabling 30 Division 4—Amendment and surrender of licence 32 4.3A.22 Request by licensee for amendment of licence 32 4.3A.23 Amendment of licence 33 4.3A.24 Surrender of licence 34 Division 5—Monitoring and disciplinary action 35 4.3A.25 Associates of licensee 35 4.3A.26 Grounds for disciplinary action 36 4.3A.27 Commission may take or recommend disciplinary action 38 4.3A.28 Minister may take disciplinary action 39 4.3A.29 Suspension of licence pending criminal proceedings 41 4.3A.30 Effect of licence suspension 41 Division 6—Temporary wagering and betting licence 42 4.3A.31 Temporary wagering and betting licence 42 4.3A.32 Report to Minister by Commission 45 4.3A.33 Arrangements with former licensee 46 4.3A.34 Further provisions for temporary licence 47 Division 7—Further information-gathering powers and obligations 47 4.3A.35 Definitions 47 4.3A.36 Secretary may require further information 48 4.3A.37 Updating information provided to Secretary 49 4.3A.38 Updating information provided to Minister regarding registration of interest or licence application 50 4.3A.39 Updating licence transfer application 52 9 New section 4.6.1 substituted 53 4.6.1 Commissions 53 10 Dividends 54 11 Commissions and dividends for approved betting competitions 55 -- 2 of 147 -- Section Page iii 12 New section 4.6.7A inserted 56 4.6.7A Wagering and betting licensee to pay charge 56 13 Hospitals and Charities Fund and unclaimed refunds, dividends and prizes 57 14 Offences and compliance 57 15 New section 4.7.3 substituted 59 4.7.3 Tickets purportedly issued by licensee 59 16 Further amendments regarding offences and compliance 59 17 New Chapter 6A inserted 63 CHAPTER 6A—KENO 63 PART 1—INTRODUCTION 63 6A.1.1 Purpose 63 6A.1.2 Definitions 64 PART 2—KENO GAMES 64 Division 1—Legality of keno games 64 6A.2.1 Keno games conducted under this Chapter are lawful 64 6A.2.2 Keno not subject to Chapter 3 64 Division 2—Conducting keno games 65 6A.2.3 Sale of tickets 65 6A.2.4 Agents of licensee 65 6A.2.5 Approval of keno system 66 6A.2.6 Security of certain equipment 66 6A.2.7 Defective machinery, equipment and computer systems 67 6A.2.8 Unlawful interference with keno system 67 6A.2.9 Use of defective keno machinery, equipment or computer system 67 6A.2.10 Credit and loans 68 6A.2.11 Keno rules 68 6A.2.12 Commencement of rules 69 6A.2.13 Publication and inspection of keno rules 69 6A.2.14 Disallowance of keno rules 70 PART 3—KENO LICENCE 71 Division 1—Authority and number of keno licences 71 6A.3.1 Authority of keno licence 71 6A.3.2 One licence 72 -- 3 of 147 -- Section Page iv Division 2—Licensing procedure 72 6A.3.3 Registration of interest 72 6A.3.4 Report to Minister by Secretary on registrations of interest 75 6A.3.5 Application for licence 75 6A.3.6 Report to Minister by Secretary on applications 77 6A.3.7 Determination of applications 77 6A.3.7A Prohibition on improper interference 79 6A.3.8 Issue of licence 79 6A.3.9 Licence conditions 80 6A.3.10 Related agreements 80 6A.3.11 Duration of licence 80 6A.3.12 Licence may authorise preparatory action 81 6A.3.13 Premium payment 82 6A.3.14 Publication and tabling 82 6A.3.15 Engaging contractors and appointing agents to assist with keno games 84 Division 3—Transfer of licence 84 6A.3.16 Transfer only under this Division 84 6A.3.17 Application to transfer licence 84 6A.3.18 Transfer of a keno licence 85 6A.3.19 Report to Minister by Commission 88 6A.3.20 Related agreements 88 6A.3.21 Publication and tabling 89 Division 4—Amendment and surrender of licence 91 6A.3.22 Request by licensee for amendment of licence 91 6A.3.23 Amendment of licence 92 6A.3.24 Surrender of licence 94 Division 5—Monitoring and disciplinary action 94 6A.3.25 Associates of licensee 94 6A.3.26 Grounds for disciplinary action 95 6A.3.27 Commission may take or recommend disciplinary action 96 6A.3.28 Minister may take disciplinary action 98 6A.3.29 Suspension of licence pending criminal proceedings 99 6A.3.30 Effect of licence suspension 100 Division 6—Temporary keno licence 100 6A.3.31 Temporary keno licence 100 6A.3.32 Report to Minister by Commission 103 6A.3.33 Arrangements with former licensee 103 6A.3.34 Further provisions for temporary licence 104 -- 4 of 147 -- Section Page v Division 7—Further information-gathering powers and obligations 105 6A.3.35 Definitions 105 6A.3.36 Secretary may require further information 106 6A.3.37 Updating information provided to Secretary 107 6A.3.38 Updating information provided to Minister regarding registration of interest or licence application 108 6A.3.39 Updating licence transfer application 109 PART 4—RETURNS TO PLAYERS, TAXES AND FUNDS 110 Division 1—Returns to players 110 6A.4.1 Returns to players 110 Division 2—Taxes 111 6A.4.2 Duty payable by licensee 111 Division 3—Supervision charge 113 6A.4.3 Supervision charge 113 Division 4—Funds 114 6A.4.4 Hospitals and Charities Fund and Mental Health Fund 114 PART 5—COMPLIANCE REQUIREMENTS 114 Division 1—Accounting records 114 6A.5.1 Accounting records 114 Division 2—Complaints 115 6A.5.2 Investigation of complaints 115 18 Interactive gaming 115 19 Constitution of Commission 116 20 New section 10.1.9A inserted 116 10.1.9A Additional commissioners 116 21 Commission meetings 116 22 Further amendments to Chapter 10 117 23 New Divisions 1A and 1B inserted in Part 4 of Chapter 10 119 Division 1A—Investigations of registrations of interest and applications for wagering and betting licence and keno licence 119 10.4.7A Definitions 119 10.4.7B Investigations and inquiries 120 10.4.7C Photographs, finger prints and palm prints 121 10.4.7D Police inquiry and report 122 -- 5 of 147 -- Section Page vi 10.4.7E Commission may require further information 123 10.4.7F Updating information 124 10.4.7G Costs of investigating 125 10.4.7H Service agreement 126 Division 1B—Investigations of transfers of wagering and betting licence and keno licence and temporary licensing 126 10.4.7I Definitions 126 10.4.7J Investigations and inquiries 127 10.4.7K Photographs, finger prints and palm prints 128 10.4.7L Police inquiry and report 129 10.4.7M Commission may require further information 130 10.4.7N Updating information 131 10.4.7O Costs of investigating 132 24 Compliance and enforcement 132 25 New section 11.1.8 inserted 133 11.1.8 No entitlement to or legitimate expectation of licence 133 26 New Part 19 inserted in Schedule 7 133 PART 19—GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2008 133 19.1 Commissioners 133 PART 3—RESPONSIBLE CODE OF CONDUCT CONSEQUENTIAL AMENDMENTS 135 27 Wagering and betting licence 135 28 New section 4.3A.10A inserted 135 4.3A.10A Responsible Gambling Code of Conduct is a condition of licence 135 29 Further wagering and betting licence amendments 136 30 Keno licence 137 31 New section 6A.3.9A inserted 137 6A.3.9A Responsible Gambling Code of Conduct is a condition of licence 137 32 Further keno licence amendments 138 33 Application of Responsible Code of Conduct 139 PART 4—REPEAL OF AMENDING ACT 140 34 Repeal of Act 140 ═══════════════ ENDNOTES 141 -- 6 of 147 -- 1 Gambling Regulation Amendment (Licensing) Act 2008 † No. 40 of 2008 [Assented to 26 August 2008] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to amend the Gambling Regulation Act 2003— (a) to create a wagering and betting licence authorising the conduct of wagering on horse racing, harness racing and greyhound racing and the conduct of approved betting competitions; Victoria -- 7 of 147 -- Part 1—Preliminary Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 2 (b) to create a keno licence authorising the conduct of keno games; (c) to provide for the appointment of additional Deputy Chairpersons and commissioners to the Victorian Commission for Gambling Regulation. 2 Commencement (1) This Act (except Part 3) comes into operation on the day after the day on which it receives the Royal Assent. (2) Part 3 comes into operation on the later of— (a) the day after the day on which this Act receives the Royal Assent; (b) the day on which section 49 of the Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007 comes into operation. 3 Principal Act In this Act, the Gambling Regulation Act 2003 is called the Principal Act. __________________ s. 2 See: Act No. 114/2003. Reprint No. 2 as at 1 October 2007 and amending Act Nos 16/2004, 39/2007, 72/2007 and 4/2008. LawToday: www. legislation. vic.gov.au -- 8 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 3 PART 2—LICENSING AMENDMENTS 4 Definitions (1) Insert the following definitions in section 1.3(1) of the Principal Act— "keno game means— (a) a game that is known as keno and in which, after the players have selected— (i) a maximum of 15 numbers from the numbers 1 to 80 inclusive to match any of 20 numbers to be drawn in the playing of the game; or (ii) heads, tails or evens— the game is determined by drawing 20 numbers from the numbers 1 to 80 inclusive by a method of random selection approved by the Commission; or (b) a game prescribed as a keno game by the regulations; keno licence means the licence granted under Part 3 of Chapter 6A or a temporary keno licence issued under section 6A.3.31; keno licensee means the holder of the keno licence; keno system means an electronic system for conducting and monitoring keno games, including terminals and peripheral equipment for selling tickets and for validating winning tickets, visual display units, the central processing unit, the game result determination device, front-end devices and other equipment for s. 4 -- 9 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 4 communication within the system and software in so far as it relates to the conduct and monitoring of keno games; Racing Victoria has the same meaning as in Part I of the Racing Act 1958; Secretary means Secretary to the Department of Justice; wagering and betting licence means the licence granted under Part 3A of Chapter 4 or a temporary wagering and betting licence issued under section 4.3A.31; wagering and betting licensee means the holder of the wagering and betting licence;". (2) In section 1.3(1) of the Principal Act, in the definition of key operative— (a) after paragraph (a) insert— "(ab) the wagering and betting licensee;"; (b) after paragraph (c) insert— "(ca) the keno licensee;". 5 Amendment of Chapter 4 (1) After section 4.1.1(a)(i) of the Principal Act insert— "(ia) the issuing of a wagering and betting licence;". (2) In section 4.1.3(2) of the Principal Act, for "sections 4.6.1 and 4.6.4" substitute "sections 4.6.1(1) and 4.6.4(1)". (3) After section 4.1.3(3) of the Principal Act insert— "(4) For the purposes of Part 6, the Treasurer, by notice given to the wagering and betting licensee, may grant the wagering and betting s. 5 -- 10 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 5 licensee an exemption, subject to the conditions (if any) determined by the Treasurer and specified in the notice, for a totalisator conducted by the wagering and betting licensee if the Treasurer is satisfied that the totalisator is not connected with wagering or approved betting competitions conducted in Victoria. (5) The Treasurer, by notice given to the wagering and betting licensee, may, subject to the conditions (if any) determined by the Treasurer and specified in the notice, declare that specified amounts, or amounts of a specified class, invested in a totalisator are deemed, for the purposes of sections 4.6.1(2) and 4.6.4(2), not to form part of the total amount invested in that totalisator.". (4) In the Principal Act— (a) in sections 4.2.1(3) and 4.2.3, after "operator" (wherever occurring) insert ", the wagering and betting licensee"; (b) in section 4.2.4(1)— (i) after "operator" insert "or the wagering and betting licensee"; (ii) for "this section" substitute "this Division"; (c) in section 4.2.4(2), for "this section" substitute "this Division". (5) After section 4.2.5(1) of the Principal Act insert— "(1A) Subject to this Act, the regulations and any condition of the wagering and betting licence, the wagering and betting licensee must make betting rules in relation to— (a) totalisators for wagering; and s. 5 -- 11 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 6 (b) totalisators for approved betting competitions; and (c) betting in approved betting competitions at fixed odds; and (d) any other matters that are necessary for the proper carrying on of a business of wagering and a business of conducting approved betting competitions.". (6) In section 4.2.5 of the Principal Act— (a) in subsection (2), after "subsection (1)(d)" insert "or (1A)(d)"; (b) in subsection (2A), after "subsection (1)(a)" insert "or (1A)(a)"; (c) in subsection (5), after "licensee" insert "and the wagering and betting licensee". (7) For section 4.2.5(6) of the Principal Act substitute— "(6) Betting rules under subsection (1), as in force when the bet is made, form part of the contract between the licensee or an operator and the investor. (7) Betting rules under subsection (1A), as in force when the bet is made, form part of the contract between the wagering and betting licensee and the investor.". (8) In section 4.2.6 of the Principal Act— (a) in subsection (1), after "licensee" insert "or the wagering and betting licensee"; (b) in subsection (2), after "licensee" insert "or the wagering and betting licensee (as the case requires)"; s. 5 -- 12 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 7 (c) in subsection (3), after "licensee" insert "or the wagering and betting licensee (as the case requires).". 6 New section 4.3.4A inserted After section 4.3.4 of the Principal Act insert— "4.3.4A Application of Part (1) This Part applies only with respect to the wagering licence and gaming licence that were issued on 15 August 1994 and does not authorise the grant of any further wagering licence or gaming licence. (2) Subsection (1) does not prevent the appointment of a temporary licensee under section 4.3.33 if the licences referred to in subsection (1) are cancelled.". 7 Temporary licensee In section 4.3.33(3) of the Principal Act, for "another licence under this Part" substitute "a wagering and betting licence under Part 3A". 8 New Part 3A inserted in Chapter 4 After Part 3 of Chapter 4 of the Principal Act insert— "PART 3A—WAGERING AND BETTING LICENCE Division 1—Authority and number of wagering and betting licences 4.3A.1 Authority of wagering and betting licence A wagering and betting licence authorises the wagering and betting licensee to conduct, subject to this Act and the regulations, the Racing Act 1958 and any conditions to which the licence is subject— s. 6 -- 13 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 8 (a) wagering; and (b) approved betting competitions. 4.3A.2 One licence This Chapter does not authorise the operation at the same time of more than one wagering and betting licence. Division 2—Licensing procedure 4.3A.3 Registration of interest (1) The Minister, by notice published in the Government Gazette, may call for registrations of interest in the grant of a wagering and betting licence. (2) A notice published under subsection (1) must specify— (a) the procedure for registering an interest in the grant of the licence; and (b) the information to be provided by a registrant; and (c) the matters concerning a registrant and a registration of interest on which the Secretary will report to the Minister; and (d) requirements for a registrant or an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to a registration of interest or an application for a wagering and betting licence; and s. 8 -- 14 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 9 (e) reporting requirements for a registrant, an applicant or an associate of a registrant or of an applicant in relation to the protocols or procedures specified under paragraph (d); and (f) any other requirements specified by the Minister in relation to registrants or registrations of interest; and (g) any other matters that the Minister considers relevant to the registration of interest. (3) The notice published under subsection (1) may require any matter in, or in relation to, the registration of interest to be verified by statutory declaration by a registrant, an applicant or an associate of a registrant or of an applicant. (4) A person who— (a) has a physical place of business in Victoria; and (b) is not a natural person or a prohibited person— may register interest in the grant of a wagering and betting licence by— (c) following the procedure specified under subsection (2)(a); and (d) providing to the Minister the information specified under subsection (2)(b). (5) The Minister must consider each registration of interest and, if the registration of interest satisfies all of the requirements made by or specified under this section, the Minister must refer the registration of interest to the Secretary for a report under section 4.3A.4. s. 8 -- 15 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 10 (6) If a registrant fails to satisfy a requirement made by or specified under this section, the Minister may refuse to consider, or consider further, the registration of interest or to refer it to the Secretary. (7) After consideration of the Secretary's report under section 4.3A.4 and any other matters that the Minister considers relevant, the Minister— (a) may invite one or more registrants to apply for a wagering and betting licence, if the Minister is of the opinion that an invitation is in the public interest; or (b) may decide not to invite any of the registrants to apply for a wagering and betting licence. (8) In this section— applicant means applicant for a wagering and betting licence; interested person means— (a) a registrant or an applicant; or (b) an associate of a registrant or of an applicant; or (c) an officer, servant, agent or contractor of— (i) a registrant or an applicant; or (ii) an associate of a registrant or of an applicant; prohibited person means— (a) a licensed racing club; or (b) Racing Products; or s. 8 -- 16 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 11 (c) Racing Victoria; or (d) VicRacing; or (e) a body corporate— (i) in which any share is held by or on behalf of an entity referred to in paragraph (a), (b), (c) or (d); or (ii) of which an entity referred to in paragraph (a), (b), (c) or (d) is a member; registrant means a person who registers interest in the grant of a wagering and betting licence. 4.3A.4 Report to Minister by Secretary on registrations of interest The Secretary must give a written report to the Minister on the matters specified under section 4.3A.3(2)(c) in relation to each registration of interest referred to him or her by the Minister. Note Division 1A of Part 4 of Chapter 10 provides for the investigation of a registration of interest in the grant of a wagering and betting licence. 4.3A.5 Application for licence (1) A person who has been invited by the Minister under section 4.3A.3(7) to apply for a wagering and betting licence— (a) may apply to the Minister for the licence; and s. 8 -- 17 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 12 (b) if the person applies for the licence, must comply with— (i) requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for a wagering and betting licence; and (ii) reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and (iii) any other requirements specified by the Minister in relation to applicants or applications for a licence. (2) A licence application— (a) must be in the form, contain the information and be accompanied by the documents required by the Minister; and (b) must be lodged in accordance with the procedural requirements, if any, specified by the Minister. (3) The Minister may require an applicant to provide any further information to the Minister in connection with the application. s. 8 -- 18 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 13 (4) The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant. (5) The Minister must refer each licence application to the Secretary for a report under section 4.3A.6. (6) If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary. (7) In this section— interested person has the same meaning as in section 4.3A.3. Note Division 1A of Part 4 of Chapter 10 provides for the investigation of an application for a wagering and betting licence. 4.3A.6 Report to Minister by Secretary on applications (1) The Secretary must give a written report to the Minister on each licence application— (a) stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied to grant the licence application have been made out; and (b) stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 4.3A.5 have been complied with; and (c) containing any other information required by the Minister. s. 8 -- 19 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 14 (2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. 4.3A.7 Determination of applications (1) The Minister is to determine whether to grant or refuse a licence application after receiving the report of the Secretary under section 4.3A.6. (2) The Minister may grant a licence application only if he or she is satisfied— (a) that the granting of the application is in the public interest, taking into account each of the following matters— (i) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; (ii) whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner; (iii) whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's wagering and betting business, is s. 8 -- 20 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 15 a suitable person to act in that capacity; (iv) whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (v) whether the applicant is of sound and stable financial background; (vi) whether the applicant has financial resources that are adequate to ensure the financial viability of a wagering and betting business; (vii) whether the applicant has the ability to establish and maintain a successful wagering and betting business; (viii) whether the applicant has demonstrated a commitment to the promotion of a viable and growing Victorian racing industry; (ix) any other matters that were specified in the notice calling for registrations of interest under section 4.3A.3; (x) any other matters the Minister considers relevant; and (b) that— (i) the arrangements between— (A) the licensee under Part 3 (other than a licensee appointed under section 4.3.33) and VicRacing or Racing Products, as the case requires; or s. 8 s. 8 -- 21 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 16 (B) the previous wagering and betting licensee (other than a licensee appointed under section 4.3A.31) and VicRacing or Racing Products, as the case requires— have been or, before the licence commences, will be, concluded to the reasonable satisfaction of the parties; or (ii) a reasonable opportunity has been given for such a conclusion of those arrangements; and (c) that the applicant has entered into, or made a binding offer to enter into, arrangements with VicRacing and arrangements with Racing Products that, in the opinion of the Minister, after consultation with the Secretary, are no less favourable to VicRacing and Racing Products than those last in force between— (i) the licensee under Part 3 (other than a licensee appointed under section 4.3.33) and VicRacing or Racing Products, as the case requires; or (ii) the previous wagering and betting licensee (other than a licensee appointed under section 4.3A.31) and VicRacing or Racing Products, as the case requires. s. 8 -- 22 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 17 (3) In determining whether to grant or refuse a licence application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 4.3A.6. (4) If the Minister refuses a licence application, he or she must give written notice to the applicant. 4.3A.7A Prohibition on improper interference (1) An interested person in relation to a registration of interest or an application for a wagering and betting licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application. (2) If an interested person in relation to a registration of interest or an application for a wagering and betting licence improperly interferes with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application, the Minister may refuse to consider, or consider further, the registration of interest or application. (3) In this section— interested person has the same meaning as in section 4.3A.3. 4.3A.8 Issue of licence (1) If the Minister grants a licence application, he or she must issue a wagering and betting licence to the applicant. s. 8 -- 23 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 18 (2) A wagering and betting licence cannot be issued that has effect, otherwise than as provided by section 4.3A.12, at any time while the wagering licence and the gaming licence are in effect under Part 3 of this Chapter. (3) For the avoidance of doubt, subsection (2) does not prevent a wagering and betting licence taking effect at any time while the appointment of a temporary licensee is in effect under section 4.3.33. Note The granting of a wagering and betting licence while a temporary licensee is in place terminates the temporary licensee's appointment—see section 4.3.33(3). 4.3A.9 Licence conditions The Minister may impose any conditions he or she thinks fit on a wagering and betting licence, including— (a) conditions referred to in any other provision of this Chapter; (b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or the Minister. 4.3A.10 Related agreements Despite section 4.3A.8, the Minister may refuse to issue a wagering and betting licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence. s. 8 -- 24 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 19 4.3A.11 Duration of licence (1) A wagering and betting licence— (a) takes effect at the time of issue or at the later time specified in the licence; and (b) is valid for 12 years, unless terminated earlier in accordance with this Part or extended under this section. (2) If invited by the Minister to do so, a wagering and betting licensee may apply to the Minister, before the wagering and betting licence expires, for a licence extension. (3) On application under subsection (2), the Minister may extend the licence for a period determined by the Minister, after consulting— (a) the Commission; and (b) any other person the Minister considers appropriate. (4) A wagering and betting licence may be extended under this section more than once, but the total cumulative period for which a licence may be extended under this section cannot exceed 2 years from the day the licence would otherwise expire. (5) A wagering and betting licence cannot be renewed, but a person who holds or has held a wagering and betting licence may apply for a subsequent wagering and betting licence, if invited by the Minister to do so. s. 8 -- 25 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 20 4.3A.12 Licence may authorise preparatory action (1) This section applies to a wagering and betting licence if the licence takes effect at a time specified in the licence that is later than the time of issue of the licence. (2) The wagering and betting licence may authorise the wagering and betting licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (4) Any time specified from which preparatory action may be taken must not be more than 18 months before the time the licence takes effect. (5) Despite section 4.3A.11(1)(a), the wagering and betting licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). (6) No account is to be had to this section in determining the term of the licence under section 4.3A.11(1)(b). (7) In this section— preparatory action means anything necessary or convenient to be done for the purpose of conducting any activities authorised by the licence, but does not include the acceptance of a bet or investment or the payment of a dividend. s. 8 -- 26 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 21 4.3A.13 Premium payment (1) The Minister may require the wagering and betting licensee to pay, as consideration for a wagering and betting licence, one or more amounts determined by the Minister as the premium payment for the licence. (2) The Minister may determine the premium payment for the wagering and betting licence as— (a) a single amount payable on the issue of the licence, or by the later time determined by the Minister; or (b) an amount payable each year for the duration of the licence at the time determined by the Minister. (3) If the Minister extends the wagering and betting licence under section 4.3A.11(3), the Minister may require the licensee to pay, as consideration for the extension of the licence, one or more amounts determined by the Minister as the premium payment for the extension of the licence. (4) The premium payment for the wagering and betting licence or the extension of the wagering and betting licence is a tax. 4.3A.14 Publication and tabling (1) The Minister must cause— (a) notice to be published in the Government Gazette— (i) of the issue of a wagering and betting licence, as soon as practicable after the licence is issued; and s. 8 -- 27 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 22 (ii) of the making of any agreement referred to in section 4.3A.10, as soon as practicable after the agreement is made; and (b) a copy of a wagering and betting licence to be— (i) given to the Commission as soon as practicable after the licence is issued; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is issued; and (c) a copy of any agreement referred to in section 4.3A.10 to be— (i) given to the Commission as soon as practicable after the agreement is made; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the agreement is made. (2) Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister— (a) may exclude information from the licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and s. 8 -- 28 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 23 (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a wagering and betting licence and any agreements referred to in section 4.3A.10 to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3). 4.3A.15 Engaging contractors and appointing agents to assist with wagering and betting (1) A wagering and betting licence may authorise the wagering and betting licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of wagering and betting authorised by the licence. (2) For the avoidance of doubt, the engagement of a person or the appointment of an agent by the wagering and betting licensee does not affect any function or obligation of the licensee under a gaming Act or gaming regulations. s. 8 -- 29 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 24 Division 3—Transfer of licence 4.3A.16 Transfer only under this Division A wagering and betting licence is not transferable to any other person except in accordance with this Division. 4.3A.17 Application to transfer licence (1) A wagering and betting licensee may apply to the Minister to transfer the wagering and betting licence to another person (the transferee). (2) An application— (a) must be in the form, contain the information and be accompanied by the documents required by the Minister; and (b) must be accompanied by the prescribed fee (if any). (3) If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the wagering and betting licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application. (4) The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application, whether or not the application is granted. (5) Costs payable under subsection (3) may be recovered in a court of competent jurisdiction as a debt due to the State. s. 8 -- 30 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 25 (6) The Minister may refer the application to the Commission for a report under section 4.3A.19. 4.3A.18 Transfer of wagering and betting licence (1) On application under section 4.3A.17, the Minister may transfer the wagering and betting licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4) and (5). (2) The Minister must be satisfied— (a) that— (i) the transferee is a wholly-owned subsidiary of the wagering and betting licensee; or (ii) the transferee and the wagering and betting licensee are both wholly-owned subsidiaries of a third company; and (b) that the transferee has a physical place of business in Victoria; and (c) that the transferee is not a prohibited person within the meaning of section 4.3A.3. (3) The Minister must be satisfied that the transfer of the wagering and betting licence to the transferee is in the public interest, taking into account each of the following matters— (a) whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity; s. 8 -- 31 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 26 (b) whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's wagering and betting business, is a suitable person to act in that capacity; (d) whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence; (e) whether the transferee is of sound and stable financial background; (f) whether the transferee has financial resources that are adequate to ensure the financial viability of a wagering and betting business; (g) whether the transferee has the ability to maintain a successful wagering and betting business; (h) whether the transferee has demonstrated a commitment to the promotion of a viable and growing Victorian racing industry; s. 8 -- 32 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 27 (i) any other matters that were specified in the notice calling for registrations of interest under section 4.3A.3 in relation to the wagering and betting licence; (j) any other matters the Minister considers relevant. (4) The Minister must be satisfied— (a) that— (i) the arrangements between the wagering and betting licensee and VicRacing or Racing Products, as the case requires, have been or, before the transfer is effective, will be, concluded to the reasonable satisfaction of the parties; or (ii) a reasonable opportunity has been given for such a conclusion of those arrangements; and (b) that the transferee has entered into, or made a binding offer to enter into, arrangements with VicRacing and arrangements with Racing Products that, in the opinion of the Minister, are no less favourable to VicRacing and Racing Products than those in force between the wagering and betting licensee and VicRacing or Racing Products, as the case requires; and (c) that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee. s. 8 -- 33 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 28 (5) The Minister must be satisfied that the transferee is capable of meeting the obligations of the wagering and betting licensee under any agreements referred to in section 4.3A.10. (6) The Minister may refuse to transfer the wagering and betting licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee. (7) In determining whether to grant or refuse an application to transfer the wagering and betting licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 4.3A.19. (8) If the Minister transfers the wagering and betting licence, the transferee becomes the wagering and betting licensee and assumes all the obligations and liabilities of the wagering and betting licensee under this Act. 4.3A.19 Report to Minister by Commission (1) If the Minister has referred to the Commission an application to transfer the wagering and betting licence, the Commission must give a written report to the Minister on the application— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and s. 8 -- 34 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 29 (b) containing any other information required by the Minister. (2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. Note Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a wagering and betting licence. 4.3A.20 Related agreements The Minister may refuse to transfer a wagering and betting licence unless— (a) the wagering and betting licensee and any other person who is party to an agreement referred to in section 4.3A.10 relating to the licence executes any document requested by the Minister in relation to that agreement; and (b) the transferee or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 4.3A.10 or any further agreement. s. 8 -- 35 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 30 4.3A.21 Publication and tabling (1) The Minister must cause— (a) notice to be published in the Government Gazette— (i) of the transfer of a wagering and betting licence, as soon as practicable after the licence is transferred; and (ii) of the execution of any document referred to in section 4.3A.20(a) or of the entering into of any agreement referred to in section 4.3A.20(b), as soon as practicable after the document is executed or the agreement is entered into; and (b) a copy of the transfer of a wagering and betting licence to be— (i) given to the Commission as soon as practicable after the licence is transferred; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and (c) a copy of any document referred to in section 4.3A.20(a) or any agreement referred to in section 4.3A.20(b) to be— (i) given to the Commission as soon as practicable after the document is executed or the agreement is entered into; and s. 8 -- 36 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 31 (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into. (2) Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister— (a) may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a transfer of a wagering and betting licence and any document referred to in section 4.3A.20(a) or agreement referred to in section 4.3A.20(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3). s. 8 -- 37 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 32 Division 4—Amendment and surrender of licence 4.3A.22 Request by licensee for amendment of licence (1) The wagering and betting licensee may request the Minister to amend a wagering and betting licence. (2) A request for a licence amendment— (a) must be in writing; and (b) must include the reasons for the requested amendment; and (c) must be accompanied by the prescribed fee (if any). (3) The Minister may require the licensee to provide any further information or any documents to the Minister in connection with the request. (4) If this section or a requirement made by the Minister under this section is not complied with, the Minister may refuse to consider the request. (5) If no fee is prescribed for the purposes of subsection (2)(c), the Minister, by written notice, may require the wagering and betting licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the request. (6) The Minister may require costs payable under subsection (5) to be paid by instalments or at any time before, during or after the Minister's consideration of the s. 8 -- 38 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 33 request, whether or not the Minister decides to make the requested amendment. (7) Costs payable under subsection (5) may be recovered in a court of competent jurisdiction as a debt due to the State. 4.3A.23 Amendment of licence (1) The Minister must decide whether to make an amendment requested under section 4.3A.22, either with or without changes from that originally requested, and must give written notice of the decision to the wagering and betting licensee. (2) In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion, the amendment is in the public interest. (3) If the Minister amends a wagering and betting licence under this section, the Minister must cause— (a) notice of the amendment to be published in the Government Gazette as soon as practicable after the licence is amended; and (b) a copy of the amendment (or the licence as amended) to be— (i) given to the Commission as soon as practicable after the licence is amended; and (ii) subject to subsection (4), presented to each House of Parliament within 7 sitting days of the House after the licence is amended. s. 8 -- 39 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 34 (4) Before complying with subsection (3)(b)(ii), the Minister— (a) may exclude information from the amendment, or the licence as amended, if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (5) Subject to subsection (6), the Commission must cause a copy of an amendment, or the licence as amended, to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (4)(b). (6) If the Minister has excluded information from an amendment under subsection (4), the Commission must exclude that information from the copy of the amendment, or the licence as amended, it makes available under subsection (5). (7) An amendment takes effect when notice of the decision to make the amendment is given to the licensee under subsection (1) or on a later date specified in the notice. 4.3A.24 Surrender of licence (1) The wagering and betting licensee may surrender a wagering and betting licence by giving at least 12 months' written notice to the Minister. s. 8 -- 40 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 35 (2) The surrender takes effect only if the Minister consents to the surrender. (3) The Minister may consent subject to any conditions he or she thinks fit, and those conditions remain in effect after the surrender in accordance with their terms. Division 5—Monitoring and disciplinary action 4.3A.25 Associates of licensee (1) If it is within the wagering and betting licensee's power to do so, the licensee must ensure that a person does not become an associate of the licensee except with the prior written approval of the Commission. Penalty: 60 penalty units. (2) On application by the licensee, the Commission may grant its approval, but must not grant its approval unless satisfied that the person is a suitable person to be associated with the management of a wagering and betting business. (3) If the Commission refuses to grant its approval— (a) the Commission must notify the licensee in writing; and (b) to the extent that it is within the licensee's power to do so, the licensee must ensure— (i) that the person does not become an associate; or s. 8 -- 41 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 36 (ii) if the person becomes or has become an associate, that the person ceases to be an associate of the licensee within 28 days after the licensee is notified by the Commission under paragraph (a). Note Division 1 of Part 4 of Chapter 10 provides for the investigation of an application to approve a person to become an associate of the wagering and betting licence. (4) The wagering and betting licensee must notify the Commission in writing of the likelihood of a person becoming an associate of the licensee as soon as practicable after the licensee becomes aware of that likelihood. Penalty: 60 penalty units. (5) The wagering and betting licensee must notify the Commission in writing of any person becoming an associate of the licensee within 7 days after becoming aware that the person has become an associate. Penalty: 60 penalty units. 4.3A.26 Grounds for disciplinary action Each of the following is a ground for disciplinary action in relation to a wagering and betting licence— (a) the wagering and betting licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; (b) the wagering and betting licensee has been found guilty of an offence against a gaming Act or the Racing Act 1958; s. 8 -- 42 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 37 (c) the wagering and betting licensee, or an associate of the licensee, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; (d) the wagering and betting licensee has contravened— (i) a condition of the licence; or (ii) the betting rules; or (iii) a provision of this Act (being a provision a contravention of which does not constitute an offence); (e) the wagering and betting licensee has contravened an agreement referred to in section 4.3A.10 or 4.3A.20; (f) the wagering and betting licensee has failed to discharge financial obligations to a person betting with the licensee; (g) the wagering and betting licensee becomes an externally-administered body corporate or otherwise becomes insolvent; (h) the wagering and betting licence was obtained by a materially false or misleading representation or in some other improper way. s. 8 -- 43 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 38 4.3A.27 Commission may take or recommend disciplinary action (1) If the Commission considers that there is a ground for taking disciplinary action in relation to a wagering and betting licence, the Commission may give the wagering and betting licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice. (2) The licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken. (3) After considering any submissions made under subsection (2), the Commission— (a) may take either or both of the following disciplinary actions— (i) issue a letter of censure to the licensee; (ii) fine the licensee an amount not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; or (b) may make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 4.3A.28. (4) A report under subsection (3)(b) must include the reasons for the findings and recommendations contained in it. s. 8 -- 44 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 39 (5) A letter of censure may censure the licensee in respect of any matter connected with the management or operation of its wagering and betting business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure. (6) If a direction given under subsection (5) is not complied with in the specified time, the Commission may— (a) fine the licensee an amount not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; or (b) make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 4.3A.28. (7) The Commission may fine the licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter. (8) A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State. 4.3A.28 Minister may take disciplinary action (1) If the Commission makes a report to the Minister under section 4.3A.27, the Minister may— (a) take one of the following disciplinary actions— (i) amend the licence; or s. 8 -- 45 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 40 (ii) suspend the licence; or (iii) cancel the licence; or (b) if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the licensee under section 4.3A.27(3)(a). (2) In taking disciplinary action, the Minister— (a) must take into account whether, in his or her opinion, taking the action is in the public interest; and (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 4.3A.27; and (c) is not required to give the licensee a further opportunity to be heard or make submissions. (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 4.3A.27(3)(a). (4) Cancellation, suspension or amendment of a licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice. s. 8 -- 46 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 41 4.3A.29 Suspension of licence pending criminal proceedings (1) The Minister may suspend a wagering and betting licence by giving written notice to the wagering and betting licensee if the Minister is satisfied that the licensee or an executive officer of the licensee has been charged with— (a) an offence against a gaming Act or gaming regulations; or (b) an offence arising out of or in connection with the management or operation of a wagering and betting business; or (c) 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 management or operation of a wagering and betting business. (2) The Minister may, at any time, terminate or reduce a period of suspension imposed under subsection (1). 4.3A.30 Effect of licence suspension A wagering and betting licence is of no effect for the purposes of Part 2 while it is suspended. s. 8 -- 47 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 42 Division 6—Temporary wagering and betting licence 4.3A.31 Temporary wagering and betting licence (1) If a wagering and betting licence (the original licence) is cancelled, suspended or surrendered under this Part, the Minister may issue a temporary wagering and betting licence and appoint a temporary wagering and betting licensee for the period determined by the Minister. (2) The Minister may issue a temporary wagering and betting licence only if satisfied that— (a) the temporary licensee has a physical place of business in Victoria; and (b) the temporary licensee is not a natural person or a prohibited person within the meaning of section 4.3A.3; and (c) the issue of the temporary licence is in the public interest, taking into account each of the following matters— (i) whether the temporary licensee, and each associate of the temporary licensee, is of good repute, having regard to character, honesty and integrity; (ii) whether the temporary licensee, or an associate of the temporary licensee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the temporary licensee or the associate is likely to be s. 8 -- 48 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 43 significantly affected in an unsatisfactory manner; (iii) whether each executive officer of the temporary licensee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the temporary licensee's wagering and betting business, is a suitable person to act in that capacity; (iv) whether the temporary licensee has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (v) whether the temporary licensee is of sound and stable financial background; (vi) whether the temporary licensee has financial resources that are adequate to ensure the financial viability of a wagering and betting business; (vii) whether the temporary licensee has the ability to maintain a successful wagering and betting business; (viii) whether the temporary licensee has demonstrated a commitment to the promotion of a viable and growing Victorian racing industry; s. 8 -- 49 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 44 (ix) any other matters that were specified in the notice calling for registrations of interest under section 4.3A.3 in relation to the original licence; (x) any other matters the Minister considers relevant; and (d) that— (i) the arrangements between the former licensee and VicRacing or Racing Products, as the case requires, have been or, before the temporary licence commences, will be, concluded to the reasonable satisfaction of the parties; or (ii) a reasonable opportunity has been given for such a conclusion of those arrangements; and (e) that the temporary licensee has entered into, or made a binding offer to enter into, arrangements with VicRacing and arrangements with Racing Products that, in the opinion of the Minister, are no less favourable to VicRacing and Racing Products than those last in force between the former licensee and VicRacing or Racing Products, as the case requires. (3) A temporary wagering and betting licence is issued on the terms and conditions the Minister thinks fit and nothing in Division 2 (other than section 4.3A.14) applies to the issue of the temporary licence. s. 8 -- 50 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 45 (4) In determining whether to grant or refuse a licence application, 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.32. (5) In this section— former licensee means the person who was the wagering and betting licensee— (a) under the original licence immediately before its cancellation, suspension or surrender; or (b) under a temporary wagering and betting licence immediately before its cancellation or other termination. 4.3A.32 Report to Minister by Commission (1) If the Minister is considering issuing a temporary wagering and betting licence, the Minister may request the Commission to give a 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. s. 8 -- 51 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 46 (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. Note Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary wagering and betting licence. 4.3A.33 Arrangements with former licensee (1) A temporary wagering and betting licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee. (2) The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1). Penalty: 100 penalty units. (3) The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1). Penalty: 100 penalty units. (4) In this section— former licensee has the same meaning as in section 4.3A.31. s. 8 -- 52 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 47 4.3A.34 Further provisions for temporary licence (1) A temporary wagering and betting licence— (a) may be extended once only for a period determined by the Minister; and (b) may be cancelled at any time by the Minister; and (c) if issued following the suspension of the original licence—is cancelled by the lifting or expiry of that suspension. (2) If a temporary wagering and betting licence (including a temporary licence issued under this subsection) is cancelled or otherwise terminates (other than under subsection (1)(c)), the Minister may issue a further temporary wagering and betting licence and appoint a further temporary licensee for the period determined by the Minister. (3) For the avoidance of doubt, sections 4.3A.31(2), (3) and (4), 4.3A.32 and 4.3A.33 apply to the issue of a temporary licence under subsection (2). (4) The cumulative periods for which a temporary wagering and betting licence may be issued or extended under this Division cannot exceed 3 years after the day on which the original licence was cancelled, suspended or surrendered (as the case may be). Division 7—Further information-gathering powers and obligations 4.3A.35 Definitions In this Division— applicant means applicant for a wagering and betting licence; s. 8 -- 53 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 48 application means application for a wagering and betting licence; interested person means— (a) an applicant; or (b) a registrant; or (c) an associate of an applicant or registrant; or (d) a person who the Secretary considers may become an associate of an applicant or registrant; registrant means registrant of interest in the grant of a wagering and betting licence; registration of interest means registration of interest in the grant of a wagering and betting licence. 4.3A.36 Secretary may require further information (1) The Secretary, by notice in writing, may require an interested person to do any one or more of the following— (a) to provide, in accordance with directions in the notice, any information that is relevant to the consideration of the application or registration of interest and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the consideration of the application or registration of interest that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; s. 8 -- 54 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 49 (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); (d) to provide the Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Secretary may give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Commission if the Secretary considers that the information or record is relevant to an investigation or inquiry by the Commission in relation to the application or registration of interest. (3) If an interested person refuses to comply with a requirement under subsection (1)— (a) the Secretary must notify the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application or registration of interest. 4.3A.37 Updating information provided to Secretary (1) If— (a) the Secretary requires information (including information in any records) from an interested person under section 4.3A.36; and s. 8 -- 55 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 50 (b) a change occurs in that information before the application is granted or refused or the Minister decides whether or not to invite the registrant to apply for the licence (as the case requires)— the interested person must give the Secretary written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application or registration of interest. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided. 4.3A.38 Updating information provided to Minister regarding registration of interest or licence application (1) If a change occurs in any relevant registration information before the Minister decides whether or not to invite a registrant to make an application, the registrant must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. s. 8 -- 56 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 51 (2) If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. (3) The Minister must give the particulars of a change referred to in subsection (1) or (2) to the Secretary. (4) The Secretary may give the particulars of a change referred to in subsection (1) or (2) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the registration of interest or application (as the case requires). (5) When particulars of a change are given, those particulars must then be considered to have formed part of the original registration of interest or application, for the purposes of the application of subsection (1) or (2) to any further change in the relevant information. (6) In this section— relevant application information means— (a) any information contained in an application for a wagering and betting licence; or (b) any information contained in a document that accompanied that application; or (c) any further information given to the Minister by the applicant in relation to that application. s. 8 -- 57 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 52 relevant registration information means— (a) any information provided by a registrant in or in relation to a registration of interest; or (b) any further information given to the Minister by the registrant in relation to the registration of interest. 4.3A.39 Updating licence transfer application (1) If a change occurs in any relevant information before an application for transfer of a wagering and betting licence is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. Penalty: 60 penalty units. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of subsection (1) to any further change in the relevant information. (4) In this section— relevant information means— (a) any information contained in an application for transfer of a wagering and betting licence; or s. 8 -- 58 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 53 (b) any information contained in a document that accompanied that application; or (c) any further information given to the Minister by the applicant in relation to that application. __________________". 9 New section 4.6.1 substituted For section 4.6.1 of the Principal Act substitute— "4.6.1 Commissions (1) The licensee may deduct, or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by the licensee or wagering operator on a wagering event or wagering events, an amount not exceeding the maximum amount specified in the betting rules in relation to the relevant totalisator. (2) The wagering and betting licensee may deduct, or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by the wagering and betting licensee on a wagering event or wagering events, an amount not exceeding the maximum amount specified in the betting rules in relation to the relevant totalisator. Note The maximum amount specified in the betting rules cannot exceed 25% of the total amount invested in the totalisator— see section 4.2.5(2B).". s. 9 -- 59 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 54 10 Dividends After section 4.6.2(3) of the Principal Act insert— "(4) The wagering and betting licensee, after deduction of the wagering and betting licensee's commissions under section 4.6.1(2), must pay by way of dividends all money invested in totalisators conducted by the wagering and betting licensee on a wagering event or wagering events. (5) If no person nominates the winning combination in a totalisator conducted by the wagering and betting licensee, the wagering and betting licensee may, unless otherwise directed by the Commission, transfer the money that would have been payable as dividends in that totalisator to be added to the money to form part of the money available for dividends in respect of a subsequent totalisator conducted by the wagering and betting licensee. (6) If, but for this subsection, a dividend would include a fraction of 10 cents— (a) if the fraction is less than 5 cents, the wagering and betting licensee is not required to include the fraction in the dividend; and (b) if the fraction is 5 cents or more, the wagering and betting licensee is required to include 5 cents in the dividend.". s. 10 -- 60 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 55 11 Commissions and dividends for approved betting competitions (1) At the end of section 4.6.4 of the Principal Act insert— "(2) The wagering and betting licensee may deduct or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by the wagering and betting licensee on an approved betting competition, an amount not exceeding 25% of the amount so invested.". (2) In section 4.6.5(1) of the Principal Act, for "section 4.6.4" substitute "section 4.6.4(1)". (3) After section 4.6.5(3) of the Principal Act insert— "(4) The wagering and betting licensee, after the deduction of the wagering and betting licensee's commissions under section 4.6.4(2), must pay by way of dividends all money invested in a totalisator conducted by the wagering and betting licensee on an approved betting competition. (5) If no person nominates the winning combination in a totalisator conducted by the wagering and betting licensee on an approved betting competition, the wagering and betting licensee may, unless otherwise directed by the Commission, transfer the money that would have been payable as dividends in that totalisator to be added to the money to form part of the money available for dividends in respect of a subsequent totalisator conducted by the wagering and betting licensee on an approved betting competition. s. 11 -- 61 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 56 (6) If, but for this section, a dividend would include a fraction of 10 cents— (a) if the fraction is less than 5 cents, the wagering and betting licensee is not required to include the fraction in the dividend; and (b) if the fraction is 5 cents or more, the wagering and betting licensee is required to include 5 cents in the dividend.". (4) In section 4.6.6(2)(a) of the Principal Act, for "section 4.6.4" substitute "section 4.6.4(1)". 12 New section 4.6.7A inserted After section 4.6.7 of the Principal Act insert— "4.6.7A Wagering and betting licensee to pay charge (1) The wagering and betting licensee must pay to the Treasurer a supervision charge in the instalments and in respect of the periods in each financial year determined by the Treasurer from time to time. (2) The supervision charge is the amount in respect of each financial year as the Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Commission in carrying out its functions and powers in respect of wagering and approved betting competitions. (3) The supervision charge is a tax.". s. 12 -- 62 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 57 13 Hospitals and Charities Fund and unclaimed refunds, dividends and prizes (1) At the end of section 4.6.8 of the Principal Act insert— "(2) An amount or amounts equal to the premium payment for the wagering and betting licence or the extension of the wagering and betting licence paid under section 4.3A.13 must be paid out of the Consolidated Fund (which is appropriated to the necessary extent), at the time or times determined by the Treasurer, into the Hospitals and Charities Fund.". (2) After section 4.6.9(1) of the Principal Act insert— "(1A) On or before the last day of each month (the payment month), the wagering and betting licensee must pay to the Treasurer an amount equal to the sum of all refunds, dividends and prizes that have remained unclaimed for not less than 6 months on the first day of that payment month less the expenses of the wagering and betting licensee reasonably incurred in searching for the persons entitled to those refunds, dividends or prizes.". (3) In section 4.6.9(2) of the Principal Act, after "subsection (1)" insert "or (1A)". 14 Offences and compliance (1) For section 4.7.1(1) of the Principal Act substitute— "(1) A person having the management or control of, or employed by or acting in any capacity for— (a) the licensee or wagering operator; or s. 13 -- 63 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 58 (b) the wagering and betting licensee; or (c) a permit holder— must not accept a bet from, or give or send a ticket or acknowledgement in respect of a bet to, any minor. Penalty: 60 penalty units.". (2) After section 4.7.1(3) of the Principal Act insert— "(4) The wagering and betting licensee must have a clearly printed copy of subsection (2) prominently displayed at every place where bets are accepted by the wagering and betting licensee. Penalty: 120 penalty units.". (3) In section 4.7.2 of the Principal Act— (a) in subsection (1), after "operator" insert ", the wagering and betting licensee"; (b) in subsection (4)— (i) after "operator" (where first occurring) insert ", the wagering and betting licensee"; (ii) after "operator" (where secondly occurring) insert ", wagering and betting licensee"; (iii) in paragraph (d), after "operator" insert "or the wagering and betting licensee". s. 14 -- 64 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 59 15 New section 4.7.3 substituted For section 4.7.3 of the Principal Act substitute— "4.7.3 Tickets purportedly issued by licensee (1) A person who is not— (a) lawfully managing or controlling or being employed by the licensee or wagering operator, the wagering and betting licensee or a permit holder; or (b) an agent of the licensee, wagering operator, wagering and betting licensee or permit holder— must not sell or offer to sell any ticket or acknowledgment purporting to be issued by the licensee, wagering operator, wagering and betting licensee or permit holder in respect of a bet. Penalty: 60 penalty units. (2) A person must not purchase a ticket or acknowledgment purporting to be issued by the licensee or wagering operator, the wagering and betting licensee or a permit holder in respect of a bet from any person not authorised to sell it. Penalty: 20 penalty units.". 16 Further amendments regarding offences and compliance (1) In the Principal Act— (a) in section 4.7.4, after "operator" insert ", of the wagering and betting licensee"; s. 15 -- 65 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 60 (b) in section 4.7.5(3), for the definition of relevant person substitute— "relevant person means— (a) the licensee or wagering operator, the wagering and betting licensee or a permit holder; or (b) an associate of the licensee or wagering operator, of the wagering and betting licensee or of a permit holder; or (c) a person acting on behalf of the licensee or wagering operator, the wagering and betting licensee or a permit holder."; (c) in section 4.7.6, for "The licensee or wagering operator or a permit holder, or an agent or employee of the licensee, wagering operator or permit holder" substitute "The licensee or wagering operator, the wagering and betting licensee or a permit holder, or an agent or employee of the licensee or wagering operator, wagering and betting licensee or permit holder"; (d) in section 4.8.1, after "operator" insert ", wagering and betting licensee". (2) After section 4.8.2(1) of the Principal Act insert— "(1A) The wagering and betting licensee must— (a) keep and maintain separate accounts— (i) for amounts invested in wagering; s. 16 -- 66 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 61 (ii) for amounts invested in approved betting competitions— as approved by the Commission, at an authorised deposit-taking institution or institutions in the State for use for all banking transactions arising under this Chapter in relation to the wagering and betting licensee; and (b) from time to time provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the authorised deposit-taking institution referred to in paragraph (a) authorising the authorised deposit-taking institution to comply with any requirements of an inspector exercising the powers conferred by this section. Penalty: 100 penalty units.". (3) After section 4.8.3(1) of the Principal Act insert— "(1A) The wagering and betting licensee must keep such accounting records as correctly record and explain the transactions and financial position of the operations of the wagering and betting licensee.". (4) In section 4.8.3(4) of the Principal Act, after "operator" (where twice occurring) insert ", the wagering and betting licensee". (5) After section 4.8.4(1) of the Principal Act insert— "(1A) The wagering and betting licensee must ensure that all documents relating to the operations of the wagering and betting licensee under this Chapter are— s. 16 -- 67 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 62 (a) kept at the principal place of business in Victoria of the wagering and betting licensee or at such other place as the Commission approves in writing; and (b) retained for not less than 7 years after the completion of the transactions to which they relate. Penalty: 60 penalty units.". (6) In section 4.8.4(3) of the Principal Act, after "operator" insert ", wagering and betting licensee". (7) In the heading to section 4.8.5 of the Principal Act, for "wagering operator and permit holders" substitute "books, accounts and financial statements". (8) At the foot of section 4.8.5(1) of the Principal Act insert— "Penalty: 60 penalty units.". (9) After section 4.8.5(1) of the Principal Act insert— "(1A) The wagering and betting licensee must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the wagering and betting licensee to be audited by an auditor approved by the Commission. Penalty: 60 penalty units.". (10) In section 4.8.5(3) of the Principal Act, after "operator" (wherever occurring) insert ", wagering and betting licensee". s. 16 -- 68 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 63 (11) After section 4.8.5(3) of the Principal Act insert— "(3A) An officer or employee of the wagering operator, wagering and betting licensee or permit holder must comply with a requirement under subsection (3)(b). Penalty: 60 penalty units.". (12) In section 4.8.5(4) of the Principal Act, after "operator" insert ", wagering and betting licensee". (13) At the foot of section 4.8.5(4) of the Principal Act insert— "Penalty: 60 penalty units.". (14) Omit the penalty at the foot of section 4.8.5(5) of the Principal Act. (15) After section 4.8.6(1) of the Principal Act insert— "(1A) The wagering and betting licensee must submit to the Commission reports relating to its operations under this Chapter.". (16) In section 4.8.6(4) of the Principal Act, after "operator" insert ", the wagering and betting licensee". 17 New Chapter 6A inserted After Chapter 6 of the Principal Act insert— "CHAPTER 6A—KENO PART 1—INTRODUCTION 6A.1.1 Purpose The purpose of this Chapter is to make provision for the conduct and promotion of keno games. s. 17 -- 69 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 64 6A.1.2 Definitions In this Chapter— amount received by the keno licensee, in relation to a keno game, includes entries in the keno game for which payment was not received by the keno licensee; keno revenue, in relation to a week, means the amount received by the keno licensee for keno games conducted by the licensee in the week less the sum of all prizes payable in respect of those games; keno venue means premises on which a keno game is conducted by a keno licensee in accordance with this Chapter. __________________ PART 2—KENO GAMES Division 1—Legality of keno games 6A.2.1 Keno games conducted under this Chapter are lawful A keno game conducted or promoted in accordance with a licence granted under this Chapter is lawful and is not a public nuisance. 6A.2.2 Keno not subject to Chapter 3 A keno game under this Chapter is not a game that may be approved by the Commission under Chapter 3. s. 17 -- 70 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 65 Division 2—Conducting keno games 6A.2.3 Sale of tickets (1) Tickets in a keno game must be sold in accordance with the distribution arrangements authorised under a keno licence. (2) A person must not knowingly sell a ticket in a keno game to a minor. Penalty: 60 penalty units. (3) A minor must not buy or attempt to buy a ticket in a keno game. Penalty: 10 penalty units. (4) A minor must not use any evidence purporting to be evidence of his or her age in order to buy a ticket in a keno game if the evidence is false in a material particular in relation to the minor. Penalty: 10 penalty units. 6A.2.4 Agents of licensee (1) A person who is not an agent of the keno licensee must not hold out themselves as an agent of the licensee. Penalty: 60 penalty units or imprisonment for 6 months or both. (2) The keno licensee may accredit in writing agents of the licensee to sell tickets in keno games. (3) The keno licensee must give the Commission the names and addresses of agents accredited by the licensee and of any other agents and contractors to be used by the licensee in conducting keno games. s. 17 -- 71 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 66 6A.2.5 Approval of keno system (1) The keno licensee must not conduct a keno game unless the licensee uses a keno system that has been approved by the Commission. (2) The keno licensee must not conduct a keno game using a keno system that has been varied from the system approved by the Commission unless the variation has been approved by the Commission. (3) The Commission may approve— (a) a keno system; or (b) a variation to a keno system— for use by the licensee. (4) The Commission may make an approval to use, or a variation of an approval to use, a keno system subject to any conditions that it thinks fit. (5) A function of the Commission under this section may be performed by any commissioner. 6A.2.6 Security of certain equipment (1) The keno licensee operating a keno system must ensure that only persons authorised by the licensee have physical access to the central processing unit and game result determination device of the keno system. (2) Equipment at a keno venue which is used for the conduct or monitoring of keno games must not be accessible to the public unless it is intended for public use. s. 17 -- 72 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 67 6A.2.7 Defective machinery, equipment and computer systems (1) The Commission may order the keno licensee to repair or withdraw from use any defective machinery, equipment or computer system used in connection with keno games. (2) A function of the Commission under this section may be performed by any commissioner. 6A.2.8 Unlawful interference with keno system A person must not— (a) be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with any machinery, equipment or computer system used in connection with keno games; or (b) do any act or thing calculated, or likely, to improperly interfere with any machinery, equipment or computer system used in connection with keno games. Penalty: 1000 penalty units or imprisonment for 2 years or both. 6A.2.9 Use of defective keno machinery, equipment or computer system The keno licensee, or an agent of the licensee on whose premises the machinery, equipment or computer system is located, must not allow any machinery, equipment or computer system that— (a) is used in connection with keno games; and s. 17 -- 73 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 68 (b) does not function in the manner in which it was designed and programmed to function— to be used, other than for testing purposes, until it is functioning in the manner in which it was designed and programmed to function. Penalty: 100 penalty units. 6A.2.10 Credit and loans The keno licensee or an agent of the licensee or an employee of either of them must not make a loan or extend credit in any form to any person to enable that person or any other person to play a keno game. Penalty: 100 penalty units. 6A.2.11 Keno rules (1) The keno licensee must make rules, not inconsistent with this Act and the regulations, for or with respect to the conduct of keno games. (2) The keno licensee must not conduct a keno game unless— (a) rules for the conduct of keno games are in force; and (b) the keno game is conducted in accordance with those rules. Penalty: 100 penalty units. (3) Without limiting subsection (1), the rules must provide for the following— (a) the manner of entering a keno game; (b) the recording of entries in a keno game; s. 17 -- 74 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 69 (c) the determination of the entitlement, if any, of a player to a prize or a bonus prize in a keno game; (d) the payment of prizes in, or the refund of money paid to enter, a keno game; (e) the publication of results in a keno game. (4) As soon as practicable after making rules for the conduct of keno games, the licensee must give a copy of the rules to the Commission. (5) Rules for the conduct of keno games, as in force when an entry to a keno game is accepted, form part of the contract between the licensee and the player. 6A.2.12 Commencement of rules (1) Rules made under section 6A.2.11 come into force on the day specified in the rules, being a day— (a) at least 4 weeks after the day on which the rules are made; or (b) an earlier day approved by the Commission, not being a day before the rules are made. (2) An approval under subsection (1)(b) must be in writing. (3) Despite subsection (1), rules made under section 6A.2.11 cannot come into force before notice of making them is published in accordance with section 6A.2.13. 6A.2.13 Publication and inspection of keno rules (1) The keno licensee must publish notice of the making of rules for the conduct of keno games in the Government Gazette. s. 17 -- 75 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 70 (2) The keno licensee, or an agent of the licensee, who accepts entries in a keno game must— (a) make available a complete copy of the rules for the conduct of keno games for inspection by any person free of charge on request; and (b) at each place or point at which those entries are accepted, display a notice stating that the rules are available for inspection. (3) A notice under subsection (2)(b) must be in the form approved by the Commission. 6A.2.14 Disallowance of keno rules (1) The Commission may disallow rules made under section 6A.2.11, in whole or in part, at any time by giving written notice to the keno licensee if— (a) the Commission is satisfied that the rules are— (i) unfair to players; or (ii) unreasonable; or (iii) contrary to the public interest; or (b) the Minister has requested the Commission to disallow the rules under subsection (3). (2) The Commission may refer rules made under section 6A.2.11 to the Minister if the Commission considers that the Minister ought to consider whether the rules should be disallowed. (3) The Minister may request the Commission to disallow rules made under section 6A.2.11 (whether or not they were referred to the s. 17 -- 76 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 71 Minister under subsection (2)) if the Minister considers that the rules— (a) are not in the public interest; or (b) would result in the keno game being of a different character from the keno games authorised to be conducted by section 6A.3.1. (4) The disallowance of rules made under section 6A.2.11 takes effect on the day specified in the notice of disallowance, being a day that is at least 3 days after the notice is given to the licensee. (5) If, before the rules are made under section 6A.2.11, the Commission consents in writing to the making of the rules in the form in which they are made, the Commission must not disallow the rules or any part of them within the period of 6 months after they are made, unless the Minister requests disallowance under subsection (3). (6) A function of the Commission under this section may be performed by the Executive Commissioner. __________________ PART 3—KENO LICENCE Division 1—Authority and number of keno licences 6A.3.1 Authority of keno licence A keno licence authorises the keno licensee, or an agent of the licensee, to conduct keno games subject to this Act and the regulations, and any conditions to which the licence is subject. s. 17 -- 77 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 72 6A.3.2 One licence This Chapter does not authorise the operation at the same time of more than one keno licence. Division 2—Licensing procedure 6A.3.3 Registration of interest (1) The Minister, by notice published in the Government Gazette, may call for registrations of interest in the grant of a keno licence. (2) A notice published under subsection (1) must specify— (a) the procedure for registering an interest in the grant of the licence; and (b) the information to be provided by a registrant; and (c) the matters concerning a registrant and a registration of interest on which the Secretary will report to the Minister; and (d) requirements for a registrant or an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to a registration of interest or an application for a keno licence; and (e) reporting requirements for a registrant or an applicant or an associate of a registrant or of an applicant in relation to the protocols or procedures specified under paragraph (d); and s. 17 -- 78 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 73 (f) any other requirements specified by the Minister in relation to registrants or registrations of interest; and (g) any other matters that the Minister considers relevant to the registration of interest. (3) The notice published under subsection (1) may require any matter in, or in relation to, the registration of interest to be verified by statutory declaration by a registrant or an applicant or an associate of a registrant or of an applicant. (4) A person who— (a) has a physical place of business in Victoria; and (b) is not a natural person— may register interest in the grant of a keno licence by— (c) following the procedure specified under subsection (2)(a); and (d) providing to the Minister the information specified under subsection (2)(b). (5) The Minister must consider each registration of interest and, if the registration of interest satisfies all of the requirements made by or specified under this section, the Minister must refer the registration of interest to the Secretary for a report under section 6A.3.4. s. 17 -- 79 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 74 (6) If a registrant fails to satisfy a requirement made by or specified under this section, the Minister may refuse to consider, or consider further, the registration of interest or to refer it to the Secretary. (7) After consideration of the Secretary's report under section 6A.3.4 and any other matters that the Minister considers relevant, the Minister— (a) may invite one or more registrants to apply for a keno licence, if the Minister is of the opinion that an invitation is in the public interest; or (b) may decide not to invite any of the registrants to apply for a keno licence. (8) In this section— applicant means applicant for a keno licence; interested person means— (a) a registrant or an applicant; or (b) an associate of a registrant or of an applicant; or (c) an officer, servant, agent or contractor of— (i) a registrant or an applicant; or (ii) an associate of a registrant or of an applicant; registrant means a person who registers interest in the grant of a keno licence. s. 17 -- 80 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 75 6A.3.4 Report to Minister by Secretary on registrations of interest The Secretary must give a written report to the Minister in writing on the matters specified under section 6A.3.3(2)(c) in relation to each registration of interest referred to him or her by the Minister. Note Division 1A of Part 4 of Chapter 10 provides for the investigation of a registration of interest in the grant of a keno licence. 6A.3.5 Application for licence (1) A person who has been invited by the Minister under section 6A.3.3(7) to apply for a keno licence— (a) may apply to the Minister for the licence; and (b) if the person applies for the licence, must comply with— (i) requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for a keno licence; and (ii) reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and s. 17 -- 81 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 76 (iii) any other requirements specified by the Minister in relation to applicants or applications for a licence. (2) A licence application— (a) must be in the form, contain the information and be accompanied by the documents required by the Minister; and (b) must be lodged in accordance with the procedural requirements, if any, specified by the Minister. (3) The Minister may require an applicant to provide any further information to the Minister in connection with the application. (4) The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant. (5) The Minister must refer each licence application to the Secretary for a report under section 6A.3.6. (6) If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary. (7) In this section— interested person has the same meaning as in section 6A.3.3. Note Division 1A of Part 4 of Chapter 10 provides for the investigation of an application for a wagering and betting licence. s. 17 -- 82 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 77 6A.3.6 Report to Minister by Secretary on applications (1) The Secretary must give a written report to the Minister on each licence application— (a) stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied to grant the licence application have been made out; and (b) stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 6A.3.5 have been complied with; and (c) containing any other information required by the Minister. (2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. 6A.3.7 Determination of applications (1) The Minister is to determine whether to grant or refuse a licence application after receiving the report of the Secretary under section 6A.3.6. (2) The Minister may grant a licence application only if he or she is satisfied that the granting of the application is in the public interest, taking into account each of the following matters— (a) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; s. 17 -- 83 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 78 (b) whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's keno business, is a suitable person to act in that capacity; (d) whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (e) whether the applicant is of sound and stable financial background; (f) whether the applicant has financial resources that are adequate to ensure the financial viability of a keno business; (g) whether the applicant has the ability to establish and maintain a successful keno business; (h) any other matters that were specified in the notice calling for registrations of interest under section 6A.3.3; (i) any other matters the Minister considers relevant. s. 17 -- 84 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 79 (3) In determining whether to grant or refuse a licence application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 6A.3.6. (4) If the Minister refuses a licence application, he or she must give written notice to the applicant. 6A.3.7A Prohibition on improper interference (1) An interested person in relation to a registration of interest or an application for a keno licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application. (2) If an interested person in relation to a registration of interest or an application for a keno licence improperly interferes with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application, the Minister may refuse to consider, or consider further, the registration of interest or application. (3) In this section— interested person has the same meaning as in section 6A.3.3. 6A.3.8 Issue of licence (1) If the Minister grants a licence application, he or she must issue a keno licence to the applicant. s. 17 -- 85 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 80 (2) A keno licence cannot be issued that has effect, otherwise than as provided by section 6A.3.12, at any time while the participants are authorised to conduct or promote club keno games under Chapter 6. 6A.3.9 Licence conditions The Minister may impose any conditions he or she thinks fit on a keno licence, including— (a) conditions referred to in any other provision in this Chapter; (b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or the Minister. 6A.3.10 Related agreements Despite section 6A.3.8, the Minister may refuse to issue a keno licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence. 6A.3.11 Duration of licence (1) A keno licence— (a) takes effect at the time of issue or at the later time specified in the licence; and (b) is valid for 10 years, unless terminated earlier in accordance with this Chapter. (2) A keno licence cannot be renewed, but a person who holds or has held a keno licence may apply for a subsequent keno licence, if invited by the Minister to do so. s. 17 -- 86 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 81 6A.3.12 Licence may authorise preparatory action (1) This section applies to a keno licence if the licence takes effect at a time specified in the licence that is later than the time of issue of the licence. (2) The keno licence may authorise the keno licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (4) Any time specified from which preparatory action may be taken must not be more than 18 months before the time the licence takes effect. (5) Despite section 6A.3.11(1)(a), the keno licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). (6) No account is to be had to this section in determining the term of the licence under section 6A.3.11(1)(b). (7) In this section— preparatory action means anything necessary or convenient to be done for the purpose of conducting any activities authorised by the keno licence, but does not include the selling of tickets in a keno game or determining the outcome of a keno game. s. 17 -- 87 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 82 6A.3.13 Premium payment (1) The Minister may require the keno licensee to pay, as consideration for a keno licence, one or more amounts determined by the Minister as the premium payment. (2) The Minister may determine the premium payment as— (a) a single amount payable on the issue of the licence, or by the later time determined by the Minister; or (b) an amount payable each year for the duration of the licence at the time determined by the Minister. (3) The premium payment is a tax. 6A.3.14 Publication and tabling (1) The Minister must cause— (a) notice to be published in the Government Gazette— (i) of the issue of a keno licence, as soon as practicable after the licence is issued; and (ii) of the making of any agreement referred to in section 6A.3.10, as soon as practicable after the agreement is made; and (b) a copy of a keno licence to be— (i) given to the Commission as soon as practicable after the licence is issued; and s. 17 -- 88 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 83 (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is issued; and (c) a copy of any agreement referred to in section 6A.3.10 to be— (i) given to the Commission as soon as practicable after the agreement is made; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the agreement is made. (2) Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister— (a) may exclude information from the licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a keno licence and any agreements referred to in section 6A.3.10 to be made available on its website as soon as practicable after notification from the Minister under subsection (2)(b). s. 17 -- 89 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 84 (4) If the Minister has excluded information from the licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3). 6A.3.15 Engaging contractors and appointing agents to assist with keno games (1) A keno licence may authorise the keno licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of keno games authorised by the licence. (2) For the avoidance of doubt, the engagement of a person or the appointment of an agent by the keno licensee does not affect any function or obligation of the licensee under a gaming Act or gaming regulations. Division 3—Transfer of licence 6A.3.16 Transfer only under this Division A keno licence is not transferable to any other person except in accordance with this Division. 6A.3.17 Application to transfer licence (1) A keno licensee may apply to the Minister to transfer the keno licence to another person (the transferee). (2) An application— (a) must be in the form, contain the information and be accompanied by the documents required by the Minister; and (b) must be accompanied by the prescribed fee (if any). s. 17 -- 90 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 85 (3) If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the keno licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application. (4) The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application, whether or not the application is granted. (5) Costs payable under subsection (3) may be recovered in a court of competent jurisdiction as a debt due to the State. (6) The Minister may refer the application to the Commission for a report under section 6A.3.19. 6A.3.18 Transfer of a keno licence (1) On application under section 6A.3.17, the Minister may transfer the keno licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4) and (5). (2) The Minister must be satisfied— (a) that— (i) the transferee is a wholly-owned subsidiary of the keno licensee; or (ii) the transferee and the keno licensee are both wholly-owned subsidiaries of a third company; and s. 17 -- 91 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 86 (b) that the transferee has a physical place of business in Victoria; and (c) that the transferee is not a natural person. (3) The Minister must be satisfied that the transfer of the keno licence to the transferee is in the public interest, taking into account each of the following matters— (a) whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity; (b) whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's keno business, is a suitable person to act in that capacity; (d) whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence; (e) whether the transferee is of sound and stable financial background; s. 17 -- 92 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 87 (f) whether the transferee has financial resources that are adequate to ensure the financial viability of a keno business; and (g) whether the transferee has the ability to establish and maintain a successful keno business; (h) any other matters that were specified in the notice calling for registrations of interest under section 6A.3.3 in relation to the keno licence; (i) any other matters the Minister considers relevant. (4) The Minister must be satisfied that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee. (5) The Minister must be satisfied that the transferee is capable of meeting the obligations of the keno licensee under any agreements referred to in section 6A.3.10. (6) The Minister may refuse to transfer the keno licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee. (7) In determining whether to grant or refuse an application to transfer the keno licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 6A.3.19. s. 17 -- 93 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 88 (8) If the Minister transfers the keno licence, the transferee becomes the keno licensee and assumes all the obligations and liabilities of the keno licensee under this Act. 6A.3.19 Report to Minister by Commission (1) If the Minister has referred to the Commission an application to transfer the keno licence, the Commission must give a written report to the Minister on the application— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and (b) containing any other information required by the Minister. (2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. Note Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a keno licence. 6A.3.20 Related agreements The Minister may refuse to transfer a keno licence unless— (a) the keno licensee and any other person who is party to an agreement referred to in section 6A.3.10 relating to the licence executes any document s. 17 -- 94 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 89 requested by the Minister in relation to that agreement; and (b) the transferee or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 6A.3.10 or any further agreement. 6A.3.21 Publication and tabling (1) The Minister must cause— (a) notice to be published in the Government Gazette— (i) of the transfer of a keno licence, as soon as practicable after the licence is transferred; and (ii) of the execution of any document referred to in section 6A.3.20(a) or of the entering into of any agreement referred to in section 6A.3.20(b), as soon as practicable after the document is executed or the agreement is entered into; and (b) a copy of the transfer of a keno licence to be— (i) given to the Commission as soon as practicable after the licence is transferred; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and s. 17 -- 95 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 90 (c) a copy of any document referred to in section 6A.3.20(a) or any agreement referred to in section 6A.3.20(b) to be— (i) given to the Commission as soon as practicable after the document is executed or the agreement is entered into; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into. (2) Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister— (a) may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a transfer of a keno licence and any document referred to in section 6A.3.20(a) or agreement referred to in section 6A.3.20(b) to be made available on its website as soon as practicable after s. 17 -- 96 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 91 receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3). Division 4—Amendment and surrender of licence 6A.3.22 Request by licensee for amendment of licence (1) The keno licensee may request the Minister to amend a keno licence. (2) A request for a licence amendment— (a) must be in writing; and (b) must include the reasons for the requested amendment; and (c) must be accompanied by the prescribed fee (if any). (3) The Minister may require the licensee to provide any further information or any documents to the Minister in connection with the request. (4) If this section or a requirement made by the Minister under this section is not complied with, the Minister may refuse to consider the request. (5) If no fee is prescribed for the purposes of subsection (2)(c), the Minister, by written notice, may require the keno licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the s. 17 -- 97 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 92 reasonable costs of the Minister and the Department administered by the Minister in considering the request. (6) The Minister may require costs payable under subsection (5) to be paid by instalments or at any time before, during or after the Minister's consideration of the request, whether or not the Minister decides to make the requested amendment. (7) Costs payable under subsection (5) may be recovered in a court of competent jurisdiction as a debt due to the State. 6A.3.23 Amendment of licence (1) The Minister must decide whether to make an amendment requested under section 6A.3.22, either with or without changes from that originally requested, and must give written notice of the decision to the keno licensee. (2) In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion, the amendment is in the public interest. (3) If the Minister amends a keno licence under this section, the Minister must cause— (a) notice of the amendment to be published in the Government Gazette as soon as practicable after the licence is amended; and (b) a copy of the amendment to be— (i) given to the Commission as soon as practicable after the licence is amended; and s. 17 -- 98 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 93 (ii) subject to subsection (4), presented to each House of Parliament within 7 sitting days of the House after the licence is amended. (4) Before complying with subsection (3)(b)(ii), the Minister— (a) may exclude information from the amendment, or the licence as amended, if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (5) Subject to subsection (6), the Commission must cause a copy of the amendment, or the licence as amended, to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (4)(b). (6) If the Minister has excluded information from an amendment under subsection (4), the Commission must exclude that information from the copy of the amendment, or the licence as amended, it makes available under subsection (5). (7) An amendment takes effect when notice of the decision to make the amendment is given to the licensee under subsection (1) or on a later date specified in the notice. s. 17 -- 99 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 94 6A.3.24 Surrender of licence (1) The keno licensee may surrender a keno licence by giving at least 12 months' written notice to the Minister. (2) The surrender takes effect only if the Minister consents to the surrender. (3) The Minister may consent subject to any conditions he or she thinks fit, and those conditions remain in effect after the surrender in accordance with their terms. Division 5—Monitoring and disciplinary action 6A.3.25 Associates of licensee (1) If it is within the keno licensee's power to do so, the licensee must ensure that a person does not become an associate of the licensee except with the prior written approval of the Commission. Penalty: 60 penalty units. (2) On application by the licensee, the Commission may grant its approval, but must not grant its approval unless satisfied that the person is a suitable person to be associated with the management of a keno business. (3) If the Commission refuses to grant its approval— (a) the Commission must notify the licensee in writing; and (b) to the extent that it is within the licensee's power to do so, the licensee must ensure— (i) that the person does not become an associate; or s. 17 -- 100 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 95 (ii) if the person becomes or has become an associate, that the person ceases to be an associate of the licensee within 28 days after the licensee is notified by the Commission under paragraph (a). Note Division 1 of Part 4 of Chapter 10 provides for the investigation of an application to approve a person to become an associate of the keno licence. (4) The keno licensee must notify the Commission in writing of the likelihood of a person becoming an associate of the licensee as soon as practicable after the licensee becomes aware of that likelihood. Penalty: 60 penalty units. (5) The keno licensee must notify the Commission in writing of any person becoming an associate of the licensee within 7 days after becoming aware that the person has become an associate. Penalty: 60 penalty units. 6A.3.26 Grounds for disciplinary action Each of the following is a ground for disciplinary action in relation to a keno licence— (a) the keno licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; (b) the keno licensee has been found guilty of an offence against a gaming Act; (c) the keno licensee, or an associate of the licensee, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the s. 17 -- 101 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 96 maximum penalty for which exceeds imprisonment for 3 months; (d) the keno licensee has contravened— (i) a condition of the licence; or (ii) the keno rules; or (iii) a provision of this Act (being a provision a contravention of which does not constitute an offence); (e) the keno licensee has contravened an agreement referred to in section 6A.3.10 or 6A.3.20; (f) the keno licensee has failed to discharge financial obligations to a player; (g) the keno licensee becomes an externally-administered body corporate or otherwise becomes insolvent; (h) the keno licence was obtained by a materially false or misleading representation or in some other improper way. 6A.3.27 Commission may take or recommend disciplinary action (1) If the Commission considers that there is a ground for taking disciplinary action in relation to a keno licence, the Commission may give the keno licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice. s. 17 -- 102 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 97 (2) The licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken. (3) After considering any submissions made under subsection (2), the Commission— (a) may take either or both of the following disciplinary actions— (i) issue a letter of censure to the licensee; (ii) fine the licensee 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; or (b) may make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 6A.3.28. (4) A report under subsection (3)(b) must include the reasons for the findings and recommendations contained in it. (5) A letter of censure may censure the licensee in respect of any matter connected with the management or operation of its keno business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure. s. 17 -- 103 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 98 (6) If a direction given under subsection (5) is not complied with in the specified time, the Commission may— (a) fine the licensee 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; or (b) make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 6A.3.28. (7) The Commission may fine the licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter. (8) A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State. 6A.3.28 Minister may take disciplinary action (1) If the Commission makes a report to the Minister under section 6A.3.27, the Minister may— (a) take any one of the following disciplinary actions— (i) amend the licence; or (ii) suspend the licence; or (iii) cancel the licence; or (b) if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether s. 17 -- 104 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 99 disciplinary action should be taken against the licensee under section 6A.3.27(3)(a). (2) In taking disciplinary action, the Minister— (a) must take into account whether, in his or her opinion, taking the action is in the public interest; and (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 6A.3.27; and (c) is not required to give the licensee a further opportunity to be heard or make submissions. (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 6A.3.27(3)(a). (4) Cancellation, suspension or amendment of a licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice. 6A.3.29 Suspension of licence pending criminal proceedings (1) The Minister may suspend a keno licence by giving written notice to the keno licensee if the Minister is satisfied that the licensee or an executive officer of the licensee has been charged with— (a) an offence against a gaming Act or gaming regulations; or s. 17 -- 105 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 100 (b) an offence arising out of or in connection with the management or operation of a keno business; or (c) 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 management or operation of a keno business. (2) The Minister may, at any time, terminate or reduce a period of suspension imposed under subsection (1). 6A.3.30 Effect of licence suspension A keno licence is of no effect for the purposes of Part 2 while it is suspended. Division 6—Temporary keno licence 6A.3.31 Temporary keno licence (1) If a keno licence (the original licence) is cancelled, suspended or surrendered under this Part, the Minister may issue a temporary keno licence and appoint a temporary keno licensee for the period determined by the Minister. (2) The Minister may issue a temporary keno licence only if satisfied that— (a) the temporary licensee has a physical place of business in Victoria; and (b) the temporary licensee is not a natural person; and s. 17 -- 106 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 101 (c) the issue of the temporary licence is in the public interest, taking into account each of the following matters— (i) whether the temporary licensee, and each associate of the temporary licensee, is of good repute, having regard to character, honesty and integrity; (ii) whether the temporary licensee, or an associate of the temporary licensee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the temporary licensee or the associate is likely to be significantly affected in an unsatisfactory manner; (iii) whether each executive officer of the temporary licensee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the temporary licensee's keno business, is a suitable person to act in that capacity; (iv) whether the temporary licensee has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (v) whether the temporary licensee is of sound and stable financial background; s. 17 -- 107 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 102 (vi) whether the temporary licensee has financial resources that are adequate to ensure the financial viability of a keno business; (vii) whether the temporary licensee has the ability to maintain a successful keno business; (viii) any other matters that were specified in the notice calling for registrations of interest under section 6A.3.3 in relation to the original licence; (ix) any other matters the Minister considers relevant. (3) A temporary keno licence is issued on the terms and conditions the Minister thinks fit and nothing in Division 2 (other than section 6A.3.14) applies to the issue of the temporary licence. (4) In determining whether to grant or refuse a licence application, 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.3.32. (5) In this section— former licensee means the person who was the keno licensee— (a) under the original licence immediately before its cancellation, suspension or surrender; or s. 17 -- 108 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 103 (b) under a temporary keno licence immediately before its cancellation or other termination. 6A.3.32 Report to Minister by Commission (1) If the Minister is considering issuing a temporary keno licence, the Minister may request the Commission to give a 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. Note Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary keno licence. 6A.3.33 Arrangements with former licensee (1) A temporary keno licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee. s. 17 -- 109 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 104 (2) The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1). Penalty: 100 penalty units. (3) The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1). Penalty: 100 penalty units. (4) In this section— former licensee has the same meaning as in section 6A.3.31. 6A.3.34 Further provisions for temporary licence (1) A temporary keno licence— (a) may be extended once only for a period determined by the Minister; and (b) may be cancelled at any time by the Minister; and (c) if issued following the suspension of the original licence—is cancelled by the lifting or expiry of that suspension. (2) If a temporary keno licence (including a temporary licence issued under this subsection) is cancelled or otherwise terminates (other than under subsection (1)(c)), the Minister may issue a further temporary keno licence and appoint a further temporary licensee for the period determined by the Minister. s. 17 -- 110 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 105 (3) For the avoidance of doubt, sections 6A.3.31(2), (3) and (4), 6A.3.32 and 6A.3.33 apply to the issue of a temporary licence under subsection (2). (4) The cumulative periods for which a temporary keno licence may be issued or extended under this Division cannot exceed 3 years after the day on which the original licence was cancelled, suspended or surrendered (as the case may be). Division 7—Further information-gathering powers and obligations 6A.3.35 Definitions In this Division— applicant means applicant for a keno licence; application means application for a keno licence; interested person means— (a) an applicant; or (b) a registrant; or (c) an associate of an applicant or registrant; (d) a person who the Secretary considers may become an associate of an applicant or registrant; registrant means registrant of interest in the grant of a keno licence; registration of interest means registration of interest in the grant of a keno licence. s. 17 -- 111 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 106 6A.3.36 Secretary may require further information (1) The Secretary, by notice in writing, may require an interested person to do any one or more of the following— (a) to provide, in accordance with directions in the notice, any information that is relevant to the consideration of the application or registration of interest and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the consideration of the application or registration of interest that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); (d) to provide the Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Secretary may give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Commission if the Secretary considers that the information or record is relevant to an investigation or s. 17 -- 112 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 107 inquiry by the Commission in relation to the application or registration of interest. (3) If an interested person refuses to comply with a requirement under subsection (1)— (a) the Secretary must notify the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application or registration of interest. 6A.3.37 Updating information provided to Secretary (1) If— (a) the Secretary requires information (including information in any records) from an interested person under section 6A.3.36; and (b) a change occurs in that information before the application is granted or refused or the Minister decides whether or not to invite the registrant to apply for the licence (as the case requires)— the interested person must give the Secretary written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application or registration of interest. s. 17 -- 113 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 108 (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided. 6A.3.38 Updating information provided to Minister regarding registration of interest or licence application (1) If a change occurs in any relevant registration information before the Minister decides whether or not to invite a registrant to make an application, the registrant must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. (3) The Minister must give the particulars of a change referred to in subsection (1) or (2) to the Secretary. (4) The Secretary may give the particulars of a change referred to in subsection (1) or (2) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the registration of interest or application (as the case requires). s. 17 -- 114 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 109 (5) When particulars of a change are given, those particulars must then be considered to have formed part of the original registration of interest or application, for the purposes of the application of subsection (1) or (2) to any further change in the relevant information. (6) In this section— relevant application information means— (a) any information contained in an application for a keno licence; or (b) any information contained in a document that accompanied that application; or (c) any further information given to the Minister by the applicant in relation to that application. relevant registration information means— (a) any information provided by a registrant in or in relation to a registration of interest; or (b) any further information given to the Minister by the registrant in relation to the registration of interest. 6A.3.39 Updating licence transfer application (1) If a change occurs in any relevant information before an application for transfer of a keno licence is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. s. 17 -- 115 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 110 (2) The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of subsection (1) to any further change in the relevant information. (4) In this section— relevant information means— (a) any information contained in an application for transfer of a keno licence; or (b) any information contained in a document that accompanied that application; or (c) any further information given to the Minister by the applicant in relation to that application. __________________ PART 4—RETURNS TO PLAYERS, TAXES AND FUNDS Division 1—Returns to players 6A.4.1 Returns to players (1) The keno licensee must ensure that not less than 75% of the total amount received by the licensee for any keno game is paid by the s. 17 -- 116 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 111 licensee to a prizes fund established by the licensee. (2) The prizes fund must be applied exclusively for the payment of prizes in respect of keno games conducted by the licensee. Division 2—Taxes 6A.4.2 Duty payable by licensee (1) In this section, week means a period of 7 days commencing on a Sunday and ending on the following Saturday. (2) The keno licensee must pay in respect of keno games conducted during each week— (a) to the Treasurer, in accordance with arrangements approved by the Treasurer, for payment into the Consolidated Fund, 24.24% of the keno revenue for the week, such payment to be made on the next Tuesday after the end of the week; and (b) to the sales agent of a keno venue in which tickets in keno games are sold during the week— (i) if GST is payable on the supply to which the amount to be paid under this paragraph relates, an amount calculated in accordance with the formula— T V 10 A 11 KR × × × where— A is the amount agreed to be paid by the licensee to the s. 17 -- 117 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 112 sales agent for the agent's services; KR is the keno revenue for the week; T is the total amount received by the licensee for keno games conducted during the week; V is the amount received at the keno venue for keno games conducted during the week. (ii) if GST is not payable on the supply to which the amount to be paid under this paragraph relates, an amount calculated in accordance with the formula— T V A KR × where— A is the amount agreed to be paid by the licensee to the sales agent for the agent's services; KR is the keno revenue for the week; T is the total amount received by the licensee for keno games conducted during the week; V is the amount received at the keno venue for keno games conducted during the week. s. 17 -- 118 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 113 (3) If, in respect of a week, the amount of all prizes payable in respect of keno games conducted during the week exceeds the amount received by the licensee for those games, the amount of that excess may be applied to reduce the keno revenue for the next or a subsequent week for the purposes of determining the amounts payable under subsection (2)(a) in respect of that week. (4) An amount payable under this section is a debt and may be recovered in a court of competent jurisdiction. Division 3—Supervision charge 6A.4.3 Supervision charge (1) The keno licensee must pay to the Treasurer a supervision charge in the instalments and in respect of the periods in each financial year determined by the Treasurer from time to time. (2) The supervision charge is the amount in respect of each financial year as the Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Commission in carrying out its functions and powers in respect of keno games. (3) The Treasurer may waive payment of part or all of the supervision charge in respect of a financial year, having regard to the total amount of revenue received by the keno licensee in the previous financial year. (4) The supervision charge is a tax. s. 17 -- 119 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 114 Division 4—Funds 6A.4.4 Hospitals and Charities Fund and Mental Health Fund (1) An amount equal to the amount paid into the Consolidated Fund under section 6A.4.2(2)(a) must, in respect of each financial year, be paid out of the Consolidated Fund, in the proportions determined by the Treasurer, into— (a) the Hospitals and Charities Fund; and (b) the Mental Health Fund. (2) An amount or amounts equal to the premium payment paid under section 6A.3.13 must be paid out of the Consolidated Fund, at the time or times determined by the Treasurer, into the Hospitals and Charities Fund. (3) The Consolidated Fund is appropriated to the necessary extent for payment to be made under this section. __________________ PART 5—COMPLIANCE REQUIREMENTS Division 1—Accounting records 6A.5.1 Accounting records (1) The keno licensee must keep accounting records that correctly record and explain the transactions and financial position of the operations of the licensee under this Chapter. Penalty: 60 penalty units. s. 17 -- 120 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 115 (2) The licensee must keep the accounting records in a form and manner that will enable— (a) true and fair financial statements and accounts to be prepared from time to time; and (b) those financial statements and accounts to be conveniently and properly audited. Penalty: 60 penalty units. Division 2—Complaints 6A.5.2 Investigation of complaints (1) On receiving a complaint from a person relating to the conduct of keno games, the Commission must investigate the complaint without delay. (2) The Commission must inform the keno licensee of the substance of the complaint and give the licensee a reasonable opportunity to respond to it. (3) A function of the Commission under this section may be performed by any commissioner. __________________". 18 Interactive gaming After section 7.1.3(2)(e) of the Principal Act insert— "(ea) a keno game, if a person participates by means of a telecommunication device;". s. 18 -- 121 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 116 19 Constitution of Commission (1) In section 10.1.6(1) of the Principal Act— (a) for paragraph (b) substitute— "(b) one or more commissioners appointed as Deputy Chairpersons;"; (b) in paragraph (d), after "as many" insert "additional commissioners and". (2) In section 10.1.8 of the Principal Act— (a) in subsection (1), for "a qualified and eligible person as Deputy Chairperson" substitute "one or more qualified and eligible persons as Deputy Chairpersons"; (b) in subsection (3), for "The Deputy Chairperson" substitute "A Deputy Chairperson". 20 New section 10.1.9A inserted After section 10.1.9 of the Principal Act insert— "10.1.9A Additional commissioners (1) The Governor in Council, on the recommendation of the Minister, may appoint qualified and eligible persons as additional commissioners. (2) The appointment may be on a part-time or full-time basis, and is on the terms and conditions determined by the Governor in Council.". 21 Commission meetings (1) In section 10.1.18 of the Principal Act— (a) in subsection (1), for "Deputy Chairperson" substitute "a Deputy Chairperson"; s. 19 -- 122 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 117 (b) in subsection (3), for "the Deputy Chairperson" substitute "a Deputy Chairperson". (2) After section 10.1.18(3) of the Principal Act insert— "(3A) If the Chairperson is absent but more than one Deputy Chairperson is present at a meeting, the Deputy Chairperson appointed by the commissioners present is to preside.". (3) In section 10.1.22(2) of the Principal Act— (a) in paragraph (h), after "Chapter 4" insert "(other than an application under Part 3A of that Chapter)"; (b) after paragraph (h) insert— "(ha) any matters in relation to an application under Chapter 6A (other than an application under Part 3 of that Chapter);". 22 Further amendments to Chapter 10 In the Principal Act— (a) in section 10.1.32(1)(c), for "gaming regulator" substitute "gambling regulator"; (b) in section 10.2A.1, in the definition of other gambling activities, for "club keno" substitute "keno"; (c) in section 10.4.1(a), after "Act" insert "other than a wagering and betting licence or a keno licence"; (d) after section 10.4.1(ca) insert— "(cb) an application for approval— (i) to become an associate of the wagering and betting licensee under section 4.3A.25; s. 22 -- 123 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 118 (ii) to become an associate of the keno licensee under section 6A.3.25;"; (e) after section 10.4.2(2)(a)(v) insert— "(vi) approval— (A) to become an associate of the wagering and betting licensee under section 4.3A.25; (B) to become an associate of the keno licensee under section 6A.3.25;"; (f) after section 10.4.3(3)(a)(iv) insert— "(v) approval— (A) to become an associate of the wagering and betting licensee under section 4.3A.25; (B) to become an associate of the keno licensee under section 6A.3.25;"; (g) after section 10.4.4(3)(a)(iv) insert— "(v) approval— (A) to become an associate of the wagering and betting licensee under section 4.3A.25; (B) to become an associate of the keno licensee under section 6A.3.25;"; (h) after section 10.4.5(3)(a)(iv) insert— "(v) approval— (A) to become an associate of the wagering and betting licensee under section 4.3A.25; (B) to become an associate of the keno licensee under section 6A.3.25;"; s. 22 -- 124 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 119 (i) after section 10.4.6(5)(e) insert— "(f) approval— (i) to become an associate of the wagering and betting licensee under section 4.3A.25; (ii) to become an associate of the keno licensee under section 6A.3.25;"; (j) in section 10.4.7(1), after "Act" insert "(other than a wagering and betting licence or a keno licence)". 23 New Divisions 1A and 1B inserted in Part 4 of Chapter 10 After Division 1 of Part 4 of Chapter 10 of the Principal Act insert— "Division 1A—Investigations of registrations of interest and applications for wagering and betting licence and keno licence 10.4.7A Definitions In this Division— applicant means applicant for a relevant licence; application means application for a relevant licence; interested person means— (a) an applicant; or (b) a registrant; or (c) an associate of an applicant or registrant; s. 23 -- 125 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 120 (d) a person who the Secretary considers may become an associate of an applicant or registrant; (e) a person who the Commission considers may become an associate of an applicant or registrant; registrant means registrant of interest in the grant of a relevant licence; registration of interest means registration of interest in the grant of a relevant licence; relevant licence means— (a) a wagering and betting licence; or (b) a keno licence. 10.4.7B Investigations and inquiries (1) On the written request of the Secretary, the Commission— (a) must cause to be carried out all investigations and inquiries that the Commission considers necessary to enable— (i) the Secretary to report to the Minister on the application or registration of interest; or (ii) the Minister to consider the application or registration of interest properly; and (b) must report to the Secretary on the results of those investigations and inquiries. s. 23 -- 126 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 121 (2) After receiving a report under subsection (1)(b), the Secretary may make a written request to the Commission to carry out further investigations or inquiries regarding the application or registration of interest and report to the Secretary on the results of those further investigations or inquiries. (3) The Commission must comply with a request under subsection (2). (4) A function of the Commission under this section, other than the function of reporting to the Secretary, may be performed by any commissioner. 10.4.7C Photographs, finger prints and palm prints (1) The Commission may require an interested person who is a natural person to consent to having his or her photograph, finger prints and palm prints taken by the Commission. (2) The Commission may make a requirement under subsection (1) only if the Commission is satisfied that it is necessary to do so for the purposes of an investigation or inquiry under section 10.4.7B. (3) The Secretary may make a written request to the Commission to require an interested person who is a natural person to consent to having his or her photograph, finger prints and palm prints taken by the Commission. (4) The Secretary can make a request under subsection (3) only if the Secretary is satisfied that it is necessary to do so for the purposes of the proper consideration of the application or registration of interest. (5) The Commission must comply with a request under subsection (3). s. 23 -- 127 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 122 (6) If an interested person refuses to comply with a requirement of the Commission under this section— (a) the Commission must notify the Secretary and the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application or registration of interest (as the case requires). (7) A function of the Commission under this section may be performed by any commissioner. 10.4.7D Police inquiry and report (1) If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7B, the Commission must refer to the Chief Commissioner of Police a copy of— (a) the application or registration of interest; and (b) any photograph, finger prints and palm prints obtained under section 10.4.7C; and (c) any supporting documentation. (2) The Secretary may make a written request to the Commission to refer any other information regarding the application or registration of interest to the Chief Commissioner of Police. (3) The Secretary can make a request under subsection (2) only if the Secretary is satisfied that it is necessary to do so for the purposes of the proper consideration of the application or registration of interest. s. 23 -- 128 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 123 (4) The Commission must comply with a request under subsection (2). (5) The Chief Commissioner of Police must inquire into and report to the Commission on any matters concerning the application or registration of interest that the Commission requests. (6) A function of the Commission under this section may be performed by any commissioner. 10.4.7E Commission may require further information (1) The Commission, by notice in writing, may require an interested person to do any one or more of the following— (a) to provide, in accordance with directions in the notice, any information that is relevant to an investigation of the application or registration of interest under section 10.4.7B and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the investigation that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); s. 23 -- 129 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 124 (d) to provide the Commission with any authorities and consents the Commission requires for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Commission must give the Secretary and the Minister a copy of any information or records provided or produced under subsection (1) as soon as practicable. (3) If an interested person refuses to comply with a requirement under subsection (1)— (a) the Commission must notify the Secretary and the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application or registration of interest (as the case requires). (4) A function of the Commission under this section may be performed by any commissioner. 10.4.7F Updating information (1) If— (a) the Commission requires information (including information in any records) from an interested person under section 10.4.7E; and s. 23 -- 130 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 125 (b) a change occurs in that information before the application is granted or refused or the Minister decides whether or not to invite the registrant to apply for the relevant licence (as the case requires)— the interested person must give the Commission written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) The Commission must give the Secretary and the Minister a copy of any particulars received under subsection (1) as soon as practicable. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided. 10.4.7G Costs of investigating (1) The Commission, by written notice, may require an applicant or registrant to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of an investigation under section 10.4.7B in relation to the application or registration of interest. (2) The Commission may require costs payable under subsection (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted or the registrant is invited to apply for the relevant licence. s. 23 -- 131 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 126 (3) Costs payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State. 10.4.7H Service agreement (1) The Secretary and the Commission may enter into an agreement in relation to the performance of functions by the Commission under this Division. (2) The failure of a party to an agreement referred to in subsection (1) to comply with the agreement does not affect or make unlawful— (a) the performance of a function by the Commission under this Division; or (b) any report made or advice given to the Minister by the Secretary concerning an application or registration of interest; or (c) the consideration or determination of an application or a registration of interest by the Minister. Division 1B—Investigations of transfers of wagering and betting licence and keno licence and temporary licensing 10.4.7I Definitions In this Division— interested person means— (a) a temporary licensee; or (b) a transferee; or (c) an associate of a temporary licensee or transferee; s. 23 -- 132 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 127 (d) a person who the Commission considers may become an associate of a temporary licensee or transferee; relevant licence means— (a) a wagering and betting licence; or (b) a keno licence; temporary licence means— (a) a temporary wagering and betting licence under section 4.3A.31; or (b) a temporary keno licence under section 6A.3.31; temporary licensee— (a) in relation to a wagering and betting licence, has the same meaning as in section 4.3A.31; or (b) in relation to a keno licence, has the same meaning as in section 6A.3.31; transferee— (a) in relation to a wagering and betting licence, has the same meaning as in section 4.3A.17; or (b) in relation to a keno licence, has the same meaning as in section 6A.3.17. 10.4.7J Investigations and inquiries (1) If the Minister has referred to the Commission an application to transfer a relevant licence or requested the Commission to report on the issue of a temporary licence, the Commission— s. 23 -- 133 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 128 (a) must cause to be carried out all investigations and inquiries that the Commission considers necessary to enable the Minister to properly consider the application for transfer or the issue of the temporary licence; and (b) must report to the Minister on the results of those investigations and inquiries. (2) A function of the Commission under subsection (1)(a) may be performed by the Executive Commissioner. 10.4.7K Photographs, finger prints and palm prints (1) The Commission may require an interested person who is a natural person to consent to having his or her photograph, finger prints and palm prints taken by the Commission. (2) The Commission may make a requirement under subsection (1) only if the Commission is satisfied that it is necessary to do so for the purposes of an investigation or inquiry under section 10.4.7J. (3) If an interested person refuses to comply with a requirement under subsection (1)— (a) the Commission must notify the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application or issue the temporary licence (as the case requires). (4) A function of the Commission under this section may be performed by the Executive Commissioner. s. 23 -- 134 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 129 10.4.7L Police inquiry and report (1) If the Minister has referred to the Commission an application to transfer a relevant licence or requested the Commission to report on the issue of a temporary licence, the Commission must refer to the Chief Commissioner of Police— (a) in the case of an application to transfer a relevant licence, a copy of— (i) the application; and (ii) any photograph, finger prints and palm prints obtained under section 10.4.7K; and (iii) any supporting documentation; (b) in the case of the issue of a temporary licence, a copy of— (i) any photograph, finger prints and palm prints obtained under section 10.4.7K; and (ii) any supporting documentation. (2) The Chief Commissioner of Police must inquire into and report to the Commission on any matters concerning the application or temporary licence that the Commission requests. (3) A function of the Commission under this section may be performed by the Executive Commissioner. s. 23 -- 135 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 130 10.4.7M Commission may require further information (1) The Commission, by notice in writing, may require an interested person to do any one or more of the following— (a) to provide, in accordance with directions in the notice, any information that is relevant to an investigation of the application or temporary licence under section 10.4.7J and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the investigation that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); (d) to provide the Commission with any authorities and consents the Commission requires for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Commission must give the Minister a copy of any information or records provided or produced under subsection (1) as soon as practicable. s. 23 -- 136 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 131 (3) If an interested person refuses to comply with a requirement under subsection (1)— (a) the Commission must notify the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application or to issue the temporary licence (as the case requires). (4) A function of the Commission under this section may be performed by the Executive Commissioner. 10.4.7N Updating information (1) If— (a) the Commission requires information (including information in any records) from an interested person under section 10.4.7M; and (b) a change occurs in that information before the application is granted or refused or the Minister decides whether or not to issue the temporary licence (as the case requires)— the interested person must give the Commission written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) The Commission must give the Minister a copy of any particulars received under subsection (1) as soon as practicable. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of s. 23 -- 137 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 132 subsection (1) to any further change in the information provided. 10.4.7O Costs of investigating (1) The Commission, by written notice, may require an applicant or temporary licensee to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of an investigation under section 10.4.7J in relation to the application or temporary licence (as the case requires). (2) The Commission may require costs payable under subsection (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted or the temporary licence is issued. (3) Costs payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.". 24 Compliance and enforcement (1) In section 10.4.11(7) of the Principal Act, in the definition of regulated person— (a) in paragraph (f), for "provider." substitute "provider;"; (b) after paragraph (f) insert— "(g) the wagering and betting licensee; (h) the keno licensee.". (2) After section 10.5.1(2)(a)(v) of the Principal Act insert— "(vi) the wagering and betting licensee; or (vii) the keno licensee; or". s. 24 -- 138 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 133 25 New section 11.1.8 inserted After section 11.1.7 of the Principal Act insert— "11.1.8 No entitlement to or legitimate expectation of licence For the avoidance of doubt, a person does not have any entitlement to, or legitimate expectation of, the grant of a wagering and betting licence or keno licence only because the person is or was— (a) the holder of the wagering licence and gaming licence that were issued on 15 August 1994; or (b) the holder of a gaming operator's licence; or (c) an agent or associate of a person described in paragraph (a) or (b).". 26 New Part 19 inserted in Schedule 7 At the end of Schedule 7 to the Principal Act insert— "PART 19—GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2008 19.1 Commissioners (1) A person who held office as a commissioner under this Act immediately before the commencement day continues to hold office on and after that day on the same terms and conditions. s. 25 -- 139 of 147 -- Part 2—Licensing Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 134 (2) In this clause— commencement day means the day after the day on which the Gambling Regulation Amendment (Licensing) Act 2008 received the Royal Assent.". __________________ s. 26 -- 140 of 147 -- Part 3—Responsible Code of Conduct Consequential Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 135 PART 3—RESPONSIBLE CODE OF CONDUCT CONSEQUENTIAL AMENDMENTS 27 Wagering and betting licence (1) After section 4.3A.5(2)(a) of the Principal Act insert— "(ab) must be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and". (2) In section 4.3A.7(2) of the Principal Act— (a) in paragraph (c)(ii), for "requires." substitute "requires; and"; (b) after paragraph (c) insert— "(d) that the Responsible Gambling Code of Conduct accompanying the application complies with any directions given under section 10.6.6 and the additional requirements set out in section 10.6.7, and has been approved by the Commission.". (3) Insert the following note at the foot of section 4.3A.9 of the Principal Act— "Note The licence is also subject to the condition specified in section 4.3A.10A.". 28 New section 4.3A.10A inserted After section 4.3A.10 of the Principal Act insert— "4.3A.10A Responsible Gambling Code of Conduct is a condition of licence It is a condition of a wagering and betting licence that the wagering and betting s. 27 -- 141 of 147 -- Part 3—Responsible Code of Conduct Consequential Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 136 licensee implement a Responsible Gambling Code of Conduct that has been approved by the Commission.". 29 Further wagering and betting licence amendments (1) In section 4.3A.18(1) of the Principal Act, after "(4)" insert ", (4A)". (2) After section 4.3A.18(4) of the Principal Act insert— "(4A) The Minister must be satisfied that the transferee has, or when the licence is transferred will have, a Responsible Gambling Code of Conduct that complies with any directions given under section 10.6.6 and the additional requirements set out in section 10.6.7, and has been approved by the Commission.". (3) In section 4.3A.26 of the Principal Act— (a) in paragraph (h), for "way." substitute "way;"; (b) after paragraph (h) insert— "(i) the wagering and betting licensee has repeatedly breached the licensee's Responsible Gambling Code of Conduct.". (4) In section 4.3A.31(2) of the Principal Act— (a) in paragraph (e), for "requires." substitute "requires; and"; (b) after paragraph (e) insert— "(f) that the temporary licensee will implement a Responsible Gambling Code of Conduct that has been approved by the Commission.". s. 29 -- 142 of 147 -- Part 3—Responsible Code of Conduct Consequential Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 137 (5) In section 4.3A.31(3) of the Principal Act, after "section" insert "4.3A.10A or". 30 Keno licence (1) After section 6A.3.5(2)(a) of the Principal Act insert— "(ab) must be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and". (2) After section 6A.3.7(2) of the Principal Act insert— "(2A) In addition to the requirements of subsection (2), the Minister may grant a licence application only if he or she is satisfied that the Responsible Gambling Code of Conduct accompanying the application complies with any directions given under section 10.6.6 and the additional requirements set out in section 10.6.7, and has been approved by the Commission.". (3) Insert the following note at the foot of section 6.3A.8 of the Principal Act— "Note The licence is also subject to the condition specified in section 6A.3.9A.". 31 New section 6A.3.9A inserted After section 6A.3.9 of the Principal Act insert— "6A.3.9A Responsible Gambling Code of Conduct is a condition of licence It is a condition of a keno licence that the keno licensee implement a Responsible Gambling Code of Conduct that has been approved by the Commission.". s. 30 -- 143 of 147 -- Part 3—Responsible Code of Conduct Consequential Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 138 32 Further keno licence amendments (1) In section 6A.3.18(1) of the Principal Act, after "(4)" insert ", (4A)". (2) After section 6A.3.18(4) of the Principal Act insert— "(4A) The Minister must be satisfied that the transferee has, or when the licence is transferred will have, a Responsible Gambling Code of Conduct that complies with any directions given under section 10.6.6 and the additional requirements set out in section 10.6.7, and has been approved by the Commission.". (3) In section 6A.3.26 of the Principal Act— (a) in paragraph (h), for "way." substitute "way;"; (b) after paragraph (h) insert— "(i) the keno licensee has repeatedly breached the licensee's Responsible Gambling Code of Conduct.". (4) In section 6A.3.31(2) of the Principal Act— (a) in paragraph (c)(ix), for "relevant." substitute "relevant; and"; (b) after paragraph (c) insert— "(d) that the temporary licensee will implement a Responsible Gambling Code of Conduct that has been approved by the Commission.". (5) In section 6A.3.31(3) of the Principal Act, after "section" insert "6A.3.9A or". s. 32 -- 144 of 147 -- Part 3—Responsible Code of Conduct Consequential Amendments Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 139 33 Application of Responsible Code of Conduct In section 10.6.5 of the Principal Act, in the definition of relevant person— (a) after paragraph (c) insert— "(ca) the wagering and betting licensee;"; (b) after paragraph (d) insert— "(da) the keno licensee;". __________________ s. 33 -- 145 of 147 -- Part 4—Repeal of Amending Act Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 140 PART 4—REPEAL OF AMENDING ACT 34 Repeal of Act This Act is repealed on 1 December 2009. Note The repeal 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. 34 -- 146 of 147 -- Gambling Regulation Amendment (Licensing) Act 2008 No. 40 of 2008 141 ENDNOTES † Minister's second reading speech— Legislative Assembly: 17 April 2008 Legislative Council: 12 June 2008 The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 with respect to certain gambling licences and for other purposes." Endnotes -- 147 of 147 --