Gaming No. 2 (Community Benefit) Act 2000

i Gaming No. 2 (Community Benefit) Act 2000 Act No. 90/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Principal Act 3 PART 2—MINOR GAMING 4 4. Definitions 4 5. Offence in relation to pooling schemes 4 6. Agreements to conduct bingo 5 7. Pooling schemes 5 26A. Membership of pooling scheme 5 26B. When can a pooling scheme operate? 5 26C. Pooling scheme rules 6 26D. Authority may specify matters for rules 6 26E. Disallowance of rules 7 26F. Scheme administrator 7 26G. Amendment of rules 8 26H. Application to political parties 9 8. Community and charitable organisations may conduct trade promotion lotteries 10 9. Returns to the Authority 10 10. Banking 10 11. Lucky envelopes 10 12. Expenses of bingo 11 PART 3—FUNCTIONS OF DIRECTOR AND APPEALS PROVISIONS 13 13. Declaration of community or charitable organisation 13 14. Amendments to Part 3 13 -- 1 of 37 -- Section Page ii 15. New Division 1 and Division 2 heading inserted 14 Division 1—Community or Charitable Organisations 14 12A. Application to be declared as a community or charitable organisation 14 12B. Director may make declaration 14 12C. Provision of further information 15 12D. Can the applicant appeal? 15 12E. Authority to determine appeal 16 12F. Can a declaration be revoked? 16 12G. Authority may decide to revoke declaration 16 12H. Organisation may make submissions 17 12I. Revocation of declaration 17 12J. Appeal to Supreme Court 18 Division 2—Permits 19 16. Amendments consequential on new Division 1 of Part 3 19 17. Section 87 (review by VCAT): amendment consequential on new Division 1 of Part 3 19 18. Deeming of previous declarations 20 19. Extension of certain appeal periods 20 20. Transitional provisions—appeal periods 20 124. Transitional provisions—appeal periods 20 PART 4—RESPONSIBLE GAMBLING 22 21. Use of certain amusement machines prohibited 22 22. Amendment of delegation powers and secrecy provisions 22 23. Power to enter memorandum of understanding 23 104A. Memorandum of understanding 23 PART 5—LICENSED PERSONS 26 24. New offence for trade promotion lotteries 26 25. Operator may carry out certain employee duties 26 52A. Operator may carry out certain employee duties 26 26. Employee's licence period extended 27 27. Increase in penalty and extension of offence to associates 27 28. Cancellation of licences 28 29. Suspension of licences 28 PART 6—ASSOCIATES 30 30. Definitions of "associate" and "nominee" 30 31. Updating of information 30 32. Monitoring of associates 31 -- 2 of 37 -- Section Page iii 33. Offence to give false or misleading information 33 ═══════════════ ENDNOTES 34 -- 3 of 37 -- 1 Gaming No. 2 (Community Benefit) Act 2000 † [Assented to 5 December 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to amend the Gaming No. 2 Act 1997— (a) to provide for pooling of funds in bingo centres; Victoria No. 90 of 2000 -- 4 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 2 (b) to make further provision in relation to community and charitable organisations by providing for— (i) a more transparent application process in relation to declaration of those organisations; (ii) the conduct of trade promotion lotteries as an adjunct to the community or charitable purposes of those organisations; (iii) the regulation of expenses charged to those organisations in conducting bingo and selling lucky envelopes; (c) to prohibit cash prizes on amusement machines in amusement, tourist and recreational centres; (d) to make further provision in the Gaming No. 2 Act 1997 for activities regulated by the Act and administration of that Act. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 31 December 2002, it comes into operation on that day. s. 2 -- 5 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 3 3. Principal Act In this Act, the Gaming No. 2 Act 1997 is called the Principal Act. _______________ s. 3 See: Act No. 16/1997. Reprint No. 1 as at 1 June 1999 and amending Act No. 41/1999. LawToday: www.dms. dpc.vic. gov.au -- 6 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 4 PART 2—MINOR GAMING 4. Definitions In section 3 of the Principal Act, insert the following definitions— ' "gross proceeds", in relation to a bingo game or session of bingo games, means the gross receipts less the prizes paid for that game or session; "pooling scheme" means an arrangement, whether or not in writing and whether or not enforceable at law, under which a person derives a direct or indirect benefit from the gross proceeds of the conduct of a session of bingo games and that person is not the holder of the minor gaming permit for that session;'. 5. Offence in relation to pooling schemes At the end of section 21 of the Principal Act insert— "(2) A person must not administer or assist in the administration of a pooling scheme otherwise than in accordance with— (a) this Act; and (b) the regulations; and (c) the rules of the pooling scheme. Penalty: 20 penalty units for a first offence; 50 penalty units for a second or subsequent offence.". s. 4 -- 7 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 5 6. Agreements to conduct bingo In section 26(2) of the Principal Act, for paragraph (e) substitute— "(e) the maximum fee, determined in accordance with the regulations and not exceeding 2% of the gross receipts, to be paid to the operator for each session of bingo.". 7. Pooling schemes After section 26 of the Principal Act insert— '26A. Membership of pooling scheme The members of a pooling scheme are— (a) the community or charitable organisations conducting or proposing to conduct bingo in a particular place or places; and (b) if the particular place or places referred to in paragraph (a) are bingo centres, the holders of the operator's licences in respect of those centres. 26B. When can a pooling scheme operate? (1) A pooling scheme may only operate if— (a) all the community or charitable organisations conducting bingo games at the particular place or places to which the scheme applies are members of the scheme; and (b) the Authority has been given a copy of the rules of the scheme before the scheme comes into operation. (2) A pooling scheme operates for 3 years or, if a shorter period is set out in the rules of the scheme, that shorter period. s. 6 -- 8 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 6 26C. Pooling scheme rules (1) A pooling scheme is governed by the rules of the scheme adopted by the members of the scheme. (2) The rules— (a) must not be inconsistent with this Act, the regulations or the conditions of the relevant permits; and (b) must deal with the matters specified from time to time by the Authority in a notice published under section 26D. (3) The rules of a pooling scheme take effect— (a) 28 days after a copy of the rules or the amendment has been given to the Authority; or (b) if the Authority agrees, from an earlier date specified by the Authority. 26D. Authority may specify matters for rules The Authority, from time to time, by notice published in the Government Gazette, may specify the matters to be included in rules of pooling schemes including, but not limited to— (a) the money which must, or which must not, be paid into the pool; (b) the payment of expenses of the scheme administrator; (c) settlements; (d) the formula or other means by which payments to pool members are to be determined; s. 7 -- 9 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 7 (e) the circumstances under which an agreement under section 26 may be required for members of the scheme. 26E. Disallowance of rules (1) The Authority, at any time, may disallow the rules of a pooling scheme or any amendment of those rules, by giving written notice to the members of the scheme, if the Authority considers that the rules or the amendment— (a) are not sufficiently clear or certain; or (b) do not provide for equitable treatment of the members; or (c) are inconsistent with this Act, the regulations or the conditions of the relevant permits. (2) The disallowance of the rules or an amendment to the rules takes effect on the day specified in the notice of disallowance. 26F. Scheme administrator (1) A pooling scheme must have a scheme administrator. (2) The scheme administrator is— (a) if the holder of an operator's licence is a member of the scheme, that person; or (b) in any other case, a person appointed in accordance with the rules of the scheme. (3) The scheme administrator must— (a) establish and maintain a financial institution account in accordance with section 89 for all money forming part of the pool or incidentally involved in the pooling scheme; and s. 7 -- 10 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 8 (b) ensure compliance with the rules of the scheme by the members of the scheme. 26G. Amendment of rules (1) The rules of the pooling scheme may be amended in accordance with this section. (2) Subject to sub-section (3), an amendment to the rules does not take effect until— (a) it is approved by at least two-thirds of the community or charitable organisations which are members of the scheme in a vote on that amendment; and (b) the Authority has been given notice of the amendment and a copy of the amendment before the amendment comes into effect. (3) An amendment to the rules of a pooling scheme takes effect— (a) 28 days after a copy of the amendment has been given to the Authority; or (b) if the Authority agrees, from an earlier date specified by the Authority. (4) A member may not be removed from a pooling scheme without the member's consent unless an amendment is made to the rules of the scheme removing that member. (5) An amendment to the rules which has the effect of reducing the amount payable to the scheme administrator in respect of the expenses of conducting a bingo session is only effective if the scheme administrator consents to that amendment. (6) An amendment to the rules may operate to terminate the pooling scheme at any time. s. 7 -- 11 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 9 (7) Despite any amendment to the rules being in the direct or indirect interest of the member or a related member of that member, a member may vote on that amendment if that interest is declared at the time of voting. (8) A declaration under sub-section (7) must be included in the notice of the amendment to the Authority under sub-section (2)(b). (9) A vote on an amendment to the rules is not invalid merely because a member of the pooling scheme failed to declare an interest under sub-section (7). (10) In this section, an organisation which is a member of the pooling scheme is a related member of another organisation which is a member of the pooling scheme if— (a) there is significant commonality of membership of those organisations; or (b) there is significant commonality of membership of the controlling body or committees of those organisations; or (c) the controlling offices of each of those organisations are held by the same person or persons. 26H. Application to political parties (1) Nothing in sections 26A to 26G applies to an organisation declared under Division 1 of Part 3 to be a community or charitable organisation which is conducted for the purposes of a political party. (2) In sections 26A, 26B and 26G, a reference to "community or charitable organisation" does not include a reference to an organisation declared under Division 1 of Part 3 to be a community or charitable organisation which s. 7 -- 12 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 10 is conducted for the purposes of a political party.'. 8. Community and charitable organisations may conduct trade promotion lotteries (1) In section 3 of the Principal Act, insert the following definition— ' "trade or business", in relation to a community or charitable organisation, includes the conduct of a trade or business of promoting a community or charitable purpose of the organisation;'. (2) In section 29(1)(b)(ii) of the Principal Act, after "lottery" insert "or promotes a community or charitable purpose". 9. Returns to the Authority In section 47 of the Principal Act, for "12 monthly intervals" substitute "such periods as are prescribed and within the time limits (if any) prescribed". 10. Banking (1) In section 89(1) of the Principal Act, after paragraph (a) insert— "(ab) administers a pooling scheme as a scheme administrator; or". (2) In section 89(1) of the Principal Act— (a) after "such a permit" insert ", administered a pooling scheme"; (b) in paragraph (c), after "that person" insert "or any pooling scheme administered by that person as a scheme administrator". 11. Lucky envelopes s. 8 s. 11 -- 13 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 11 In section 105(1) of the Principal Act, after paragraph (e) insert— "(ea) prescribing the amount to be paid for expenses in relation to the sale of lucky envelopes, including but not limited to site fees or maximum amounts;". 12. Expenses of bingo (1) In section 105(1) of the Principal Act, for paragraph (g) substitute— "(g) prescribing the amount a holder of a minor gaming permit may incur as expenses of bingo, whether prescribed by all or any of the following— (i) a percentage of gross receipts; (ii) a percentage of gross proceeds; (iii) a fixed amount per session of bingo games; (iv) a fixed amount per week; (ga) prohibiting or regulating the holder of a minor gaming permit from incurring specified types of expenses in specified circumstances;". (2) In section 105(1) of the Principal Act, before paragraph (h) insert— "(gb) requiring periodic returns to be made to the Director by the holder of a minor gaming permit or a person who was the holder of such a permit at any time in the preceding 12 months, in the form approved by the Director, including— (i) prescribing the information, manner, frequency, return dates and length of -- 14 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 12 period to which the return relates to be included in those returns; (ii) requiring the verification of information in the returns by specified persons by means of signed certificate or other authentication;". (3) After section 105(2)(b) of the Principal Act insert— "(ba) may fix amounts by reference to minimum or maximum amounts; and". _______________ s. 12 -- 15 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 13 PART 3—FUNCTIONS OF DIRECTOR AND APPEALS PROVISIONS 13. Declaration of community or charitable organisation (1) In section 3 of the Principal Act— (a) in the definition of "community or charitable organisation" for "section 4" substitute "Division 1 of Part 3"; (b) for the definition of "political party" substitute— ' "political party" means a political party registered under— (a) The Constitution Act Amendment Act 1958; or (b) the Commonwealth Electoral Act 1918 of the Commonwealth; or (c) a law of another State or Territory of the Commonwealth corresponding to a law referred to in paragraphs (a) and (b);'. (2) Section 4 of the Principal Act is repealed. 14. Amendments to Part 3 (1) In the heading to Part 3 of the Principal Act, omit "PERMIT". (2) Before section 18 of the Principal Act insert— "Division 3—General". s. 13 -- 16 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 14 15. New Division 1 and Division 2 heading inserted Before section 13 of the Principal Act insert— 'Division 1—Community or Charitable Organisations 12A. Application to be declared as a community or charitable organisation (1) A person or club may apply to the Director to be declared a community or charitable organisation. (2) An application under sub-section (1) must— (a) be in or to the like effect of the form approved by the Director; and (b) be accompanied by the prescribed fee (if any). 12B. Director may make declaration (1) For the purposes of this Act, the Director, by instrument, may declare an organisation to be a community or charitable organisation if the Director is satisfied that the organisation is conducted in good faith for— (a) a purpose referred to in paragraph (a) of the definition of "community purpose"; or (b) the purposes of any sporting or recreational club or association of a prescribed kind; or (c) the purposes of a political party. (2) In determining whether to make a declaration under sub-section (1), the Director may have regard to any matter which he or she considers relevant, including but not limited to— s. 15 -- 17 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 15 (a) the conduct of fundraising or minor gaming activities by the applicant; (b) the conduct of any person directly or indirectly associated with the applicant. (3) The Director— (a) must either— (i) declare the applicant to be a community or charitable organisation for the purposes of this Act; or (ii) refuse the application; and (b) must notify the applicant in writing accordingly. (4) If the Director refuses an application, the Director may include reasons for that refusal in the written notification under sub-section (3). 12C. Provision of further information (1) If the Director so requests in writing, an applicant must provide to the Director any information or documents specified by the Director, including written authority to a financial institution, to enable the Director to determine whether to make a declaration under this Division. (2) The Director may refuse to decide an application for a declaration until the information required under sub-section (1) has been provided. 12D. Can the applicant appeal? (1) If the Director refuses an application for a declaration under this Division, the applicant may appeal against the decision to the s. 15 -- 18 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 16 Authority within 28 days of notification of the refusal under section 12B. (2) An appeal must— (a) be in writing; and (b) specify the grounds on which it is made. 12E. Authority to determine appeal (1) After consideration of an appeal made under section 12D, the Authority may— (a) confirm the Director's decision; or (b) order the Director to make a declaration under this Division. (2) The decision of the Authority under this section— (a) must be notified in writing to the Director and the applicant; and (b) may include the reasons for its decision. 12F. Can a declaration be revoked? A declaration under this Division— (a) may only be revoked in accordance with this Division; and (b) may be renounced by the community or charitable organisation to which it applies by notice in writing given to the Director. 12G. Authority may decide to revoke declaration (1) If the Authority considers that there is a ground for revoking the declaration made under this Division in respect of a community or charitable organisation, the Authority may give that organisation written s. 15 -- 19 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 17 notice offering the organisation an opportunity to show cause, within a specified period, being not less than 28 days, as to why the declaration should not be revoked on the ground specified in the notice. (2) The Authority may give notice to revoke a declaration under this Division on any of the following grounds— (a) that it is not in the public interest for that organisation to continue to be declared for the purposes of the Act; (b) if the organisation is an unincorporated club, that the club is substantially and materially different from the club in respect of which the declaration was made; (c) any other ground which the Authority thinks fit. (3) The Authority may give notice under sub- section (1) of its own motion or on the recommendation of the Director. 12H. Organisation may make submissions A community or charitable organisation which receives a notice under section 12G may arrange with the Authority for the making of submissions to the Authority as to why the declaration made under this Division in respect of that organisation should not be revoked and the Authority must consider any submission so made. 12I. Revocation of declaration (1) The Authority may revoke a declaration made under this Division in respect of a community or charitable organisation if— s. 15 -- 20 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 18 (a) after considering any submission made by the organisation, the Authority determines that the grounds for the revocation still exist; or (b) the organisation does not respond to the notice given under section 12G within the time specified in the notice. (2) The Authority must— (a) give written notice to the organisation that the declaration under this Division in respect of that organisation is revoked; and (b) specify in the notice that the revocation takes effect from the date of the notice or on a later date specified in that notice. 12J. Appeal to Supreme Court (1) A person or organisation which receives— (a) written notice of the decision of the Authority under section 12E; or (b) written notice under section 12I of the revocation of a declaration under this Division— may appeal to the Supreme Court against that decision or revocation. (2) An appeal under this section must be made within 21 days after receipt of the notification of the decision or revocation by the appellant. (3) The Supreme Court, on an appeal under this section, if satisfied that proper grounds for making the decision or revocation did not exist— s. 15 -- 21 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 19 (a) may quash or vary the decision or revocation, either conditionally or unconditionally and with effect from the date of the decision or revocation or some other date; and (b) may make any other order, including consequential or ancillary orders. (4) Except as provided in this section, a decision of the Authority under this Division or a revocation of a declaration by the Authority under this Division may not be challenged or called into question. Division 2—Permits'. 16. Amendments consequential on new Division 1 of Part 3 (1) In section 14(1)(b) of the Principal Act, for "section 4" substitute "Division 1 of this Part". (2) In section 103(1A) of the Principal Act, omit "4,". 17. Section 87 (review by VCAT): amendment consequential on new Division 1 of Part 3 In section 87 of the Principal Act, after sub- section (2) insert— "(3) This section does not apply to— (a) a decision of the Authority under Division 1 of Part 3; or (b) the revocation of a declaration under Division 1 of Part 3.". s. 16 -- 22 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 20 18. Deeming of previous declarations In section 122 of the Principal Act, after sub- section (1) insert— "(1A) A declaration made by the Authority under section 4 and in force immediately before the repeal of that section by the Gaming No. 2 (Community Benefit) Act 2000 is deemed to be a declaration made by the Director under Division 1 of Part 3.". 19. Extension of certain appeal periods In the Principal Act— (a) in section 34(5), for "14 days" (where secondly occurring) substitute "28 days"; (b) in section 57(6), for "14 days" substitute "28 days"; (c) in section 86(1), for "14 days" substitute "28 days". 20. Transitional provisions—appeal periods After section 123 of the Principal Act insert— "124. Transitional provisions—appeal periods (1) If, immediately before the amendment of section 34 by the Gaming No. 2 (Community Benefit) Act 2000, any person was entitled to object to an application under section 34, that person may object to an application under section 34 in accordance with that section as amended by that Act. (2) If, immediately before the amendment of section 57 or 86 by the Gaming No. 2 (Community Benefit) Act 2000, any person was entitled to appeal against a decision of the Director under section 57 or 86, that person may appeal against that decision s. 18 -- 23 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 21 under section 57 or 86 (as appropriate) in accordance with the relevant section as amended by that Act.". _______________ s. 20 -- 24 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 22 PART 4—RESPONSIBLE GAMBLING 21. Use of certain amusement machines prohibited (1) In section 3 of the Principal Act, insert the following definition— ' "amusement machine" means— (a) any machine, device, contrivance or electronic apparatus operated for pecuniary consideration for the purpose of playing games which involve the activation or manipulation of the machine, device, contrivance or electronic apparatus to achieve a pre- set, programmed, designated or otherwise defined score, object or result; and (b) any machine, device, contrivance or electronic apparatus prescribed as an amusement machine;'. (2) In section 7(2) of the Principal Act, after paragraph (b) insert— "(ba) allot any prize of money or any prize of which money forms a part or which is redeemable for money by means of an amusement machine in an amusement centre, tourist centre or recreational centre; or". 22. Amendment of delegation powers and secrecy provisions (1) In section 103(1A) of the Principal Act, for "or 67" substitute ", 67 or 104A". s. 21 -- 25 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 23 (2) In section 104 of the Principal Act— (a) in sub-section (1) for "person in the performance of those duties or exercise of those powers" substitute— "person— (a) in the performance of those duties or exercise of those powers; or (b) from an enforcement agency in accordance with a memorandum of understanding under section 104A."; (b) after sub-section (3)(b) insert— "(ba) divulge information to an enforcement agency in accordance with a memorandum of understanding under section 104A; or". 23. Power to enter memorandum of understanding After section 104 of the Principal Act insert— '104A. Memorandum of understanding (1) The Authority and an enforcement agency may enter a memorandum of understanding that provides for— (a) the divulgence to the enforcement agency of information with respect to the affairs of a person acquired by the Authority in the performance of duties or the exercise of powers under this Act; and (b) the divulgence to the Authority of information with respect to the affairs of a person acquired by the enforcement agency. s. 23 -- 26 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 24 (2) A memorandum of understanding must— (a) specify the kind of information to be divulged and the purposes for which it may be used; and (b) contain an undertaking that each party to the memorandum— (i) will use information divulged to it only for the purposes specified in the memorandum; and (ii) consents to the taking of injunctive action to restrain the unauthorised use of the information; and (c) contain a provision that applies the law of Victoria to the divulgence of information to the enforcement agency under the memorandum and an acknowledgment that the parties submit to the non-exclusive jurisdiction of the courts of Victoria. (3) The Authority may enter a memorandum of understanding with an enforcement agency only if the Authority is satisfied that the enforcement agency is capable of entering, and is authorised to enter, the memorandum of understanding as a legally binding agreement. (4) In this section and section 104— "enforcement agency" means a person or body in Victoria or another jurisdiction (whether in or outside Australia)— (a) that is responsible for or engages in— s. 23 -- 27 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 25 (i) the administration of a law with respect to gaming or gambling; or (ii) law enforcement generally; or (b) that is approved by the Minister under sub-section (5). (5) For the purposes of sub-section (4), the Minister may, by written notice given to the Authority, approve a person or body that is responsible for or engages in the administration of a licensing or other regulatory scheme that requires licensees or other persons regulated to be suitable or fit and proper persons.'. _______________ s. 23 -- 28 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 26 PART 5—LICENSED PERSONS 24. New offence for trade promotion lotteries (1) In section 31 of the Principal Act, at the end of that section insert— "(2) A person who is the employer of a person who, in the course of his or her employment, is the holder of permit under this Part must ensure that the lottery for the promotion of a trade or business to which that permit relates is conducted in accordance with this Act, the regulations and the conditions (if any) of that permit. Penalty: 50 penalty units for a first offence. 100 penalty units for a second or subsequent offence.". (2) In section 122 of the Principal Act, after sub- section (5) insert— "(5A) Section 31(2) applies only in respect of a permit issued under Part 4 on or after the commencement of section 24 of the Gaming No. 2 (Community Benefit) Act 2000.". 25. Operator may carry out certain employee duties After section 52 of the Principal Act insert— "52A. Operator may carry out certain employee duties Despite section 52, a person who— (a) is the holder of an operator's licence and is a natural person; or s. 24 -- 29 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 27 (b) is the nominee of the holder of an operator's licence— may carry out the prescribed duties in a bingo centre of the holder of an employee's licence if the person referred to in paragraph (a) or (b) at all times while on duty wears identification of a kind approved by the Director for the purposes of this section in such a manner as to be visible to other persons.". 26. Employee's licence period extended (1) In section 62 of the Principal Act, for "3 years" substitute "10 years". (2) At the end of section 123 of the Principal Act insert— "(2) An employee's licence in force immediately before the amendment of section 62 by the Gaming No. 2 (Community Benefit) Act 2000, continues for a period of 3 years after the end of the month in which it was issued, unless sooner cancelled or suspended, as if section 62 had not been so amended.". 27. Increase in penalty and extension of offence to associates (1) In section 91 of the Principal Act, for "20 penalty units" substitute "50 penalty units". (2) In section 91 of the Principal Act, after "permit under this Act" insert "or the associate of any holder of an operator's licence". s. 26 -- 30 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 28 28. Cancellation of licences (1) In section 92 of the Principal Act, after sub- section (5) insert— "(5A) If the Authority decides to cancel a bingo employee's licence, the Authority may also disqualify the person whose licence is cancelled from obtaining a licence or permit under this Act, the Gaming Machine Control Act 1991, the Gaming and Betting Act 1994 or the Casino Control Act 1991 for a period specified by the Authority in the notice given under sub-section (5) not exceeding 4 years.". (2) In section 122 of the Principal Act, after sub- section (12) insert— "(13) The Authority may exercise the powers in section 92(5A) in the course of considering a decision to take action under section 92 against a person who is the holder of a bingo employee's licence even though the consideration had begun before the commencement of section 28 of the Gaming No. 2 (Community Benefit) Act 2000 if the decision to take action had not been made before the commencement of section 28.". 29. Suspension of licences (1) In section 92(9) of the Principal Act— (a) for "Part 4," substitute "Part 4 and"; (b) omit "and the Director may suspend a bingo employee's licence". s. 28 -- 31 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 29 (2) In section 92 of the Principal Act, after sub- section (9) insert— "(10) The Director may suspend a bingo employee's licence by notice in writing given to the holder of the licence if the Director is satisfied that the holder has been charged with, convicted or found guilty of— (a) an offence against this Act or the regulations, the Casino Control Act 1991, the Gaming Machine Control Act 1991, the Club Keno Act 1993, the Gaming and Betting Act 1994 or the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or (b) an offence arising out of or in connection with the employment of the holder under any of those Acts. (11) The Authority, at any time, may terminate or reduce a period of suspension of a bingo employee's licence imposed by the Director under sub-section (10).". _______________ s. 29 -- 32 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 30 PART 6—ASSOCIATES 30. Definitions of "associate" and "nominee" In section 3 of the Principal Act insert the following definitions— ' "associate", in relation to an operator, means— (a) any person, body or association having a business association with the operator; or (b) any director, partner, trustee, executive officer, secretary or any other officer or person determined by the Authority to be associated or connected with the ownership, administration or management of the operations or business of the operator under this Act or the Gaming Machine Control Act 1991; "nominee" means— (a) in relation to a minor gaming permit, the natural person nominated by a community or charitable organisation and approved by the Director in accordance with section 16; (b) in relation to a permit under Part 4, the natural person nominated by a body corporate and approved by the Director in accordance with section 28A; (c) in relation to an operator's licence, the natural person nominated by a body corporate and approved by the Authority in accordance with section 39A; '. 31. Updating of information s. 30 s. 31 -- 33 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 31 (1) In section 39 of the Principal Act, after sub- section (1) insert— "(1A) If— (a) the Authority requires information (including information in any records) from a person referred to in section 38(1) whose association with the applicant for an operator's licence is, in the opinion of the Authority, relevant to the application; and (b) a change occurs in that information before the application is granted or refused— that person must without delay give the Authority written particulars of the change. Penalty: 50 penalty units.". (2) In section 39(2) of the Principal Act, after "sub- section (1)" insert "or sub-section (1A)". 32. Monitoring of associates (1) In section 48 of the Principal Act, sub-section (1) is repealed. (2) In section 48 of the Principal Act, for sub-section (2) substitute— "(2) The Authority may from time to time investigate an associate of an operator or a person likely to become an associate of an operator.". (3) In section 48 of the Principal Act, for sub-section (4) substitute— -- 34 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 32 "(4) If the Authority determines that an associate of an operator has engaged or is engaging in conduct that, in the Authority's opinion, is unacceptable for a person who is concerned in or associated with the ownership, administration or management of the operations or business of the operator, the Authority may do either or both of the following— (a) issue a written warning to the associate that the conduct is unacceptable and require the associate to cease that conduct; (b) give written notice to the associate requiring the associate to give a written undertaking to the Authority, within the period specified in the notice, regarding the future conduct of the associate. (4A) If the associate fails to give an undertaking required under sub-section (4)(b) or breaches an undertaking given under sub-section (4)(b), the Authority may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Authority, the association with the operator. (4B) If, after considering the matters referred to in sub-section (5), the Authority determines that an associate of an operator is unsuitable to be concerned in or associated with the ownership, administration or management of the operations or business of the operator, the Authority may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Authority, the association with the operator.". s. 32 -- 35 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 33 (4) In section 48(6) of the Principal Act, for "sub- section (4)" substitute "sub-section (4B)". 33. Offence to give false or misleading information In section 93(1) of the Principal Act, after paragraph (a) insert— "(aa) if that person is an associate or a nominee— (i) in the course of the Authority's consideration of the person's suitability to be an associate or nominee; or (ii) during the period of that associate's association or that nominee's nomination; or". ═══════════════ s. 33 -- 36 of 37 -- Act No. 90/2000 Gaming No. 2 (Community Benefit) Act 2000 34 ENDNOTES † Minister's second reading speech— Legislative Assembly: 26 October 2000 Legislative Council: 21 November 2000 The long title for the Bill for this Act was "to amend the Gaming No. 2 Act 1997 to make further provision for activities regulated by the Act and the administration of the Act and for other purposes." Endnotes -- 37 of 37 --