Gambling Regulation (Miscellaneous Amendments) Act 2006

i Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—GAMBLING REGULATION ACT 2003 3 3. Amendment of conditions of venue operator's licences 3 4. Payment of winnings by cheque 3 5. Permits to conduct trade promotion lotteries 4 6. New sections 8.3.11A and 8.3.11B inserted 4 8.3.11A Investigation of community or charitable organisations 4 8.3.11B Provision of information 5 7. Supply of bingo equipment 7 8. New section 8.5.11 substituted 7 8.5.11 Licence renewal 7 9. Disciplinary action against bingo centre operator 8 10. Community and charitable gaming—change in situation of persons and associates 8 11. New section 9A.1.22 inserted 9 9A.1.22 Change in situation of licensees 9 12. Updating applications for listing on the roll 9 13. Service of documents 10 PART 3—GAMBLING REGULATION (FURTHER AMENDMENT) ACT 2004 11 14. New section 8.5A.12 substituted 11 8.5A.12 Licence renewal 11 15. New section 31 substituted 12 31. Change in situation of licensee or associate 12 16. Consequential repeal 12 -- 1 of 17 -- Section Page ii PART 4—CASINO CONTROL ACT 1991 13 17. Approval of games and rules for games 13 18. Approved system of controls and procedures 14 ═══════════════ ENDNOTES 15 -- 2 of 17 -- 1 Gambling Regulation (Miscellaneous Amendments) Act 2006 † [Assented to 4 April 2006] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to amend the Gambling Regulation Act 2003, the Gambling Regulation (Further Amendment) Act 2004 and the Casino Control Act 1991 to enhance the regulatory role of the Victorian Commission for Gambling Regulation. Victoria No. 7 of 2006 -- 3 of 17 -- Part 1—Preliminary Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 4 of 17 -- Part 2—Gambling Regulation Act 2003 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 3 PART 2—GAMBLING REGULATION ACT 2003 3. Amendment of conditions of venue operator's licences (1) For section 3.4.20(3) of the Gambling Regulation Act 2003 substitute— "(3) An amendment may be made subject to any conditions that the Commission thinks fit. (3A) Despite sub-section (1)(a) and (b), the Commission may make an amendment before being satisfied of the matters referred to in those paragraphs on condition that the amendment does not take effect until the Commission is satisfied as required by those paragraphs. (3B) If the Commission makes an amendment referred to in section 3.4.17(1)(d) or (2), the Commission must cause notice of the amendment to be published in the Government Gazette.". (2) In section 3.4.20(4) of the Gambling Regulation Act 2003, for "on any later date" substitute "at any later time". 4. Payment of winnings by cheque In section 3.5.33(1) and (2) of the Gambling Regulation Act 2003, after "cheque" insert "that is not payable to cash". See: Act No. 114/2003. Reprint No. 1 as at 21 July 2005 and amending Act Nos 16/2004, 104/2004, 18/2005, 22/2005 and 45/2005. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 5 of 17 -- Part 2—Gambling Regulation Act 2003 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 4 5. Permits to conduct trade promotion lotteries (1) After section 5.7.4(2) of the Gambling Regulation Act 2003 insert— "(2A) Without limiting the grounds on which the Commission may refuse an application for a permit to conduct a trade promotion lottery, the Commission must refuse the application if, in the Commission's opinion, the proposed trade promotion lottery is offensive or contrary to the public interest.". (2) In section 5.7.20 of the Gambling Regulation Act 2003 omit "(other than section 5.7.10)". (3) At the end of section 5.7.20 of the Gambling Regulation Act 2003 insert— "(2) Sub-section (1) does not apply to— (a) the function under section 5.7.4(2A) of refusing an application for a permit to conduct a trade promotion lottery that is offensive or contrary to the public interest; or (b) a function under section 5.7.10.". 6. New sections 8.3.11A and 8.3.11B inserted After section 8.3.11 of the Gambling Regulation Act 2003 insert— "8.3.11A Investigation of community or charitable organisations (1) The Commission may conduct an investigation at any time to determine whether or not the declaration of an organisation as a community or charitable organisation should be revoked. s. 5 -- 6 of 17 -- Part 2—Gambling Regulation Act 2003 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 5 (2) The investigation may include (but is not limited to) an investigation of all or any of the following— (a) a community or charitable organisation; (b) a person who, in the opinion of the Commission, could affect the exercise of the functions of a community or charitable organisation; (c) a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a community or charitable organisation. 8.3.11B Provision of information (1) The Commission may, by notice in writing, require a community or charitable organisation— (a) to provide the Commission or an authorised person, in accordance with directions in the notice, with any information as is specified in the notice that is— (i) relevant to the organisation; or (ii) otherwise required by the Commission; or (b) to produce to the Commission or an authorised person, in accordance with the directions in the notice, any records specified in the notice that are— (i) relevant to the organisation; or s. 6 -- 7 of 17 -- Part 2—Gambling Regulation Act 2003 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 6 (ii) otherwise required by the Commission— and to permit examination of those records, the taking of extracts from them and the making of copies of them; or (c) to attend before the Commission or an authorised person for examination, and to answer questions, in relation to any matters— (i) relevant to the organisation; or (ii) otherwise specified by the Commission. (2) If records are produced under this section, the Commission or authorised person to whom they are produced may retain possession of the records for such period as may reasonably be necessary to permit examination of the records, the taking of extracts from them and the making of copies of them. (3) At any reasonable times during the period for which records are retained, the Commission or authorised person must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Commission or an authorised person. (4) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.". s. 6 -- 8 of 17 -- Part 2—Gambling Regulation Act 2003 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 7 7. Supply of bingo equipment (1) For the heading to section 8.4.4 of the Gambling Regulation Act 2003 substitute— "Restriction on supply of bingo equipment". (2) After section 8.4.4(2) of the Gambling Regulation Act 2003 insert— "(3) Sub-section (1) does not apply to the supply of bingo tickets or a random number generator to a person who or organisation that is not required to hold a minor gaming permit to conduct a session of bingo games. Note: Section 8.2.4 sets out circumstances in which a minor gaming permit is not required to conduct a session of bingo games.". 8. New section 8.5.11 substituted For section 8.5.11 of the Gambling Regulation Act 2003 substitute— "8.5.11 Licence renewal (1) A bingo centre operator may, not earlier than 9 months before the expiration of the current licence, apply to the Commission for a new bingo centre operator's licence, in which case— (a) the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its issue is refused; and (b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly. s. 7 -- 9 of 17 -- Part 2—Gambling Regulation Act 2003 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 8 (2) An application for a new licence must be made in or to the effect of a form approved by the Commission and must be accompanied by the prescribed fee. (3) This Act (except sections 8.5.3, 8.5.4 and 8.5.5) applies to and in relation to— (a) an application under this section for a new licence; and (b) the determination of such an application; and (c) any licence issued as a result of such an application— as if the application has been made by a person other than a bingo centre operator. (4) If a requirement made by this section is not complied with, the Commission may refuse to consider the application. Note: Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a bingo centre operator's licence.". 9. Disciplinary action against bingo centre operator In section 8.5.13(1) of the Gambling Regulation Act 2003, in the definition of "grounds for disciplinary action", after paragraph (f) insert— "(fa) that the operator no longer has the management or control of the bingo centre;". 10. Community and charitable gaming—change in situation of persons and associates In the Gambling Regulation Act 2003— (a) in the heading to section 8.6.3, for "holder of licence or permit or of associate" substitute "person or associate"; s. 9 -- 10 of 17 -- Part 2—Gambling Regulation Act 2003 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 9 (b) in section 8.6.3(1), before paragraph (a) insert— "(aa) a community or charitable organisation;"; (c) section 8.6.3(1)(d) is repealed; (d) in section 8.6.3(3), for "any Commissioner" substitute "any commissioner". 11. New section 9A.1.22 inserted After section 9A.1.21 of the Gambling Regulation Act 2003 insert— "9A.1.22 Change in situation of licensees (1) Whenever a change of a kind specified by the Commission in writing given to a licensee takes place in the situation existing in relation to the licensee, the licensee must notify the Commission in writing of the change within 14 days after it takes place. Penalty: 60 penalty units. (2) A function of the Commission under this section may be performed by any commissioner.". 12. Updating applications for listing on the roll (1) For section 10.4.6(4) of the Gambling Regulation Act 2003 substitute— "(4) This section does not apply to an application for approval of a wholly-owned subsidiary of a public lottery licensee under Division 3 of Part 3 of Chapter 5.". (2) After section 10.4.6(5)(d) of the Gambling Regulation Act 2003 insert— "(e) listing on the roll;". s. 11 -- 11 of 17 -- Part 2—Gambling Regulation Act 2003 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 10 13. Service of documents In section 11.1.2 of the Gambling Regulation Act 2003, for "served on a person other than the Commission, the document may be served" substitute "served on, or given or sent to, a person other than the Commission, the document may be served, given or sent". __________________ s. 13 -- 12 of 17 -- Part 3—Gambling Regulation (Further Amendment) Act 2004 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 11 PART 3—GAMBLING REGULATION (FURTHER AMENDMENT) ACT 2004 14. New section 8.5A.12 substituted In section 29 of the Gambling Regulation (Further Amendment) Act 2004, for proposed section 8.5A.12 substitute— "8.5A.12 Licence renewal (1) A licensee may, not earlier than 9 months before the expiration of the current licence, apply to the Commission for a new commercial raffle organiser's licence, in which case— (a) the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its issue is refused; and (b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly. (2) An application for a new licence must be made in or to the effect of a form approved by the Commission and must be accompanied by the prescribed fee. (3) This Act (except section 8.5A.5 and 8.5A.6) applies to and in relation to— (a) an application under this section for a new licence; and (b) the determination of such an application; and See: Act No. 104/2004. Statute Book: www.dms. dpc.vic. gov.au s. 14 -- 13 of 17 -- Part 3—Gambling Regulation (Further Amendment) Act 2004 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 12 (c) any licence issued as a result of such an application— as if the application has been made by a person other than a commercial raffle organiser. (4) If a requirement made by this section is not complied with, the Commission may refuse to consider the application. Note: Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a commercial raffle organiser's licence.". 15. New section 31 substituted For section 31 of the Gambling Regulation (Further Amendment) Act 2004 substitute— '31. Change in situation of licensee or associate At the end of section 8.6.3(1) of the Principal Act insert— "(e) the holder of a commercial raffle organiser's licence; (f) an associate of the holder of a commercial raffle organiser's licence.".'. 16. Consequential repeal Section 49 of the Gambling Regulation (Further Amendment) Act 2004 is repealed. __________________ s. 15 -- 14 of 17 -- Part 4—Casino Control Act 1991 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 13 PART 4—CASINO CONTROL ACT 1991 17. Approval of games and rules for games (1) In section 60(1) of the Casino Control Act 1991 omit ", by notice published in the Government Gazette,". (2) After section 60(1B) of the Casino Control Act 1991 insert— "(1C) The Commission must publish notice that an approval has been given under this section on the Commission's website.". (3) For section 60(2) and (3) of the Casino Control Act 1991 substitute— "(2) A casino operator must not permit a game to be conducted or played in a casino unless— (a) an approval under this section is in force for the game and the rules for the game; and (b) the approved rules for the game are published on the casino operator's website and are available for inspection in the casino at the time the game is conducted or played; and (c) the game is conducted or played in accordance with the approved rules for the game. Penalty: 100 penalty units. (3) A person must not conduct a game in a casino, or permit a game conducted by him or her to be played in a casino, unless— (a) an approval under this section is in force for the game and the rules for the game; and See: Act No. 47/1991. Reprint No. 6 as at 1 July 2004 and amending Act Nos 33/2004, 104/2004, 108/2004, 47/2005 and 55/2005. LawToday: www.dms. dpc.vic. gov.au s. 17 -- 15 of 17 -- Part 4—Casino Control Act 1991 Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 14 (b) the approved rules for the game are published on the casino operator's website and are available for inspection in the casino at the time the game is conducted or played; and (c) the game is conducted or played in accordance with the approved rules for the game. Penalty: 20 penalty units.". 18. Approved system of controls and procedures In section 122(1)(c) of the Casino Control Act 1991 omit "job descriptions and". ═══════════════ s. 18 -- 16 of 17 -- Gambling Regulation (Miscellaneous Amendments) Act 2006 Act No. 7/2006 15 ENDNOTES † Minister's second reading speech— Legislative Assembly: 19 October 2005 Legislative Council: 2 March 2006 The long title for the Bill for this Act was "to amend the Gambling Regulation Act 2003, the Gambling Regulation (Further Amendment) Act 2004 and the Casino Control Act 1991 to enhance the regulatory role of the Victorian Commission for Gambling Regulation and for other purposes." Endnotes -- 17 of 17 --