Committee of the whole Council1
COMMITTEE OF THE WHOLE COUNCIL
Supplement to Minutes Nos. 74,75 and 76
Tuesday, 5June 2012
1GAMBLING LEGISLATION AMENDMENT (TRANSITION) BILL 2012
Clause 1— put and agreed to.
Clause 2 — MrGuy moved —
1.Clause 2, line 29, omit "3 to 7 and 12 to 17" and insert "3(1) and (2), 4 to 7 and 15 to 20".
2.Clause 2, line 32, omit "3" and insert "3(1) and (2)".
3.Clause 2, lines 34 and 35, omit "the remaining provisions of this Act" and insert "sections 4 to 7 and 15 to 20".
Question — That the amendments be agreed to — put and agreed to.
Clause 2, as amended — put and agreed to.
Clause 3 — MrGuy moved —
4.Clause 3, after line 19 insert—
'( )In section 1.3(1) of the Gambling Regulation Act 2003, insert the following definition—
"wagering and betting operator means the company (if any) appointed under section 4.3A.15A as operator of the wagering and betting licence;".'.
Question — That the amendment be agreed to — put and agreed to.
Clause 3, as amended — put and agreed to.
Clauses4 to 11— put and agreed to.
New Clauses — MrGuy moved —
5.Insert the following New Clauses to follow clause 11—
'AANew sections 4.3A.15A to 4.3A.15C inserted
After section 4.3A.15 of the Gambling Regulation Act 2003 insert—
"4.3A.15AAppointment of wagering and betting operator
(1)Subject to section 4.3A.15B, the wagering and betting licensee may, by notice in writing given to the Commission, appoint as operator of the wagering and betting licence a company that—
(a)is a wholly-owned subsidiary of the licensee; and
(b)has a physical place of business in Victoria; and
(c)is approved by the Commission.
(2)A company appointed as operator ceases to be the operator on ceasing to be a wholly-owned subsidiary of the licensee.
(3)The licensee may, at any time by notice in writing given to the Commission, revoke the appointment of an operator under this section.
(4)The appointment of an operator under this section does not affect any function or obligation of the licensee under a gaming Act or gaming regulations.
4.3A.15BApproval of wholly-owned subsidiary
On application by the wagering and betting licensee, the Commission may approve a wholly-owned subsidiary of the licensee for appointment under section 4.3A.15A if satisfied that the appointment would not result in a person who is not currently an associate of the licensee becoming an associate of the licensee.
4.3A.15CRights and obligations of wagering and betting operator
(1)The wagering and betting operator is authorised to conduct, subject to this Act and the regulations, the Racing Act 1958 and any conditions to which the wagering and betting licence is subject, any activities that the wagering and betting licensee is authorised to conduct under the licence.
(2)In conducting activities under the wagering and betting licence, the wagering and betting operator has all of the rights of the wagering and betting licensee, and is subject to all of the obligations of the wagering and betting licensee, under this Act, the regulations, the Racing Act 1958and the licence (other than an obligation of the licensee to pay an amount under Part 6 of this Chapter).
(3)If the wagering and betting operator performs any obligation of the wagering and betting licensee under this Act, the regulations, the Racing Act 1958or the licence, the licensee's obligation is discharged.
(4)For the purposes of this Act—
(a)a reference in Part 6 of this Chapter to any totalisator, approved betting competition or approved simulated racing event conducted by the wagering and betting licensee includes a reference to any totalisator, approved betting competition or approved simulated racing event conducted by the wagering and betting operator; and
(b)a reference in section 4.6.6B to betting exchange commissions earned by the wagering and betting licensee includes a reference to betting exchange commissions earned by the wagering and betting operator.
(5)A reference in section 115(2)(ba) of the Liquor Control Reform Act 1998 to the holder of the wagering and betting licence includes a reference to the wagering and betting operator.".
BBConsequential amendments regarding wagering and betting operator
(1)In section 4.3A.26 of the Gambling Regulation Act 2003—
(a)in paragraphs (a) and (b), after "licensee" insert "or operator";
(b)in paragraph (c), for "licensee, or an associate of the licensee" substitute "licensee or operator, or an associate of the licensee or operator";
(c)in paragraphs (d), (e), (f) and (g), after "licensee" (wherever occurring) insert "or operator";
(d)in paragraph (i)—
(i)after "licensee" insert "or operator";
(ii)after "licensee's" insert "or operator's".
(2)In section 4.3A.27 of the Gambling Regulation Act 2003—
(a)in subsection (1)—
(i)after "licensee" (where first occurring) insert "and the wagering and betting operator";
(ii)after "licensee" (where secondly occurring) insert "and the operator";
(b)in subsections (2), (3)(a)(i) and (ii), (5), (6)(a) and (7), after "licensee" (wherever occurring)insert "or operator".
(3)In section 4.3A.28(1), (2) and (3) of the Gambling Regulation Act 2003, after "licensee" (wherever occurring)insert "or operator".
(4)In section 4.3A.29(1) of the Gambling Regulation Act 2003, for "licensee or an executive officer of the licensee" substitute "licensee or operator, or an executive officer of the licensee or operator,".
(5)In sections 4.3A.39A(1) and (2) and 4.3A.39B(1), (2) and (3) of the Gambling Regulation Act 2003, after "licensee" (wherever occurring) insert "or operator".
(6)In section 4.6.3(1A)(a) and (1B)(a) of the Gambling Regulation Act 2003 omit "or wagering operator".
CCBanking
After section 4.8.2(1A) of the Gambling Regulation Act 2003 insert—
"(1B)An account referred to in subsection (1A)(a)(i) or (ii) may, in addition to the amounts referred to in that subsection, contain any other amounts approved by the Commission.".'.
Question — That the New Clauses stand part of the Bill — put and agreed to.
Clauses12 to 16 — put and agreed to.
Clause 17 — MrGuy moved —
6.Clause 17, line 15, omit "17" and insert "20".
Question — That the amendment be agreed to — put and agreed to.
Clause 17, as amended — put and agreed to.
Clauses18 to 31 — put and agreed to.
Clause 32 — MrGuy moved —
7.Clause 32, lines 14 and 15, omit "the first anniversary of its commencement" and insert "1 September 2013".
Question — That the amendment be agreed to — put and agreed to.
Clause 32, as amended — put and agreed to.
Bill reported with amendments.
2POLICE AND EMERGENCY MANAGEMENT LEGISLATION AMENDMENT BILL 2012
Clause 1 — MrDalla-Riva moved —
1.Clause 1, line 25, omit "area." and insert "area; and".
2.Clause 1, after line 25 insert—
"(e)to amend the Control of Weapons Act 1990 to further provide for the granting of exemptions, approvals and search warrants under that Act in respect of prohibited weapons and to make other amendments to that Act.".
Question — That the amendments be agreed to — put and agreed to.
Clause 1, as amended — put and agreed to.
Clause 2 — MrDalla-Riva moved —
3.Clause 2, lines 27 to 29, omit all words and expressions on these lines and insert—
"(1)This Part comes into operation on the day on which this Act receives the Royal Assent.
(2)Sections 11, 12, 13, 14 and 17 are taken to have come into operation on 16 May 2012.
(3)Parts 2, 3, 4 and 7 and the remaining provisions of Part 6 come into operation on the day after the day on which this Act receives the Royal Assent.".
4.Clause 2, line 30, omit "(3)" and insert "(5)".
Question — That the amendments be agreed to — put and agreed to.
Clause 2, as amended — put and agreed to.
Clauses3 to 9— put and agreed to.
Clause 10 — Mr Tee moved —
1.Clause 10, lines 5 to 8, omit all words and expressions on these lines and insert—
'"(dc)if the land is in a designated bushfire prone area within the meaning of regulations made under the Building Act 1993, a statement—
(i)that the land is in such an area; and
(ii)if a building has been constructed on the land—
(A)identifying any Australian standard as to the construction of buildings in designated bushfire prone areas applicable at the time of construction of the building; and
(B)specifying whether the construction of the building complies with that standard; and
(iii)if a site assessment has been made for the purpose of determining the bushfire attack level within the meaning of regulations made under the Building Act 1993, containing the details of the site assessment;".'.
Committee interrupted at 10.00 p.m. pursuant to Sessional Orders.
Committee resumed.
Question — That the amendment be agreed to — put.
The Council divided — The Acting President (Mr Elasmar) in the Chair.
AYES, 18NOES, 20
MrBarberMs Broad (Teller)
Ms Darveniza
Mr Eideh
Mr Elasmar
Mr Jennings
MsHartland (Teller)
Mr Leane
Mr Lenders
Ms Mikakos
Mr Pakula
MsPennicuik
Ms Pulford
Mr Scheffer
Mr Somyurek
MrTarlamis
Mr Tee
Ms Tierney / Mr Atkinson
Mrs Coote
Ms Crozier
Mr Dalla-Riva
Mr D.M. Davis
Mr P.R. Davis
MrDrum
MrElsbury (Teller)
Mr Finn
MrHall
Mr Koch
Mrs Kronberg
Ms Lovell
Mr O’Brien
Mr O’Donohue
MrOndarchie
Mrs Petrovich
Mrs Peulich
MrRamsay (Teller)
Mr Rich-Phillips
Amendmentnegatived.
Clause 10 — put and agreed to.
Heading before Part 6 — Mr Dalla-Riva moved —
5.Page 9, before the heading to Part 6 insert—
"PART 6—AMENDMENTS TO CONTROL OF WEAPONS ACT 1990".
Question — That the amendment be agreed to — put and agreed to.
New Clauses — Mr Dalla-Riva moved —
6.Insert the following New Clauses to follow the heading inserted by Amendment No. 5—
'AAExemption of health service workers
(1)In section 7A(1) of the Control of Weapons Act 1990after "section 5," insert "5AA, 5AB(1),".
(2)In section 7A(2) of the Control of Weapons Act 1990after "section 5," insert "5AA, 5AB(1),".
BBExemption of person exercising power under the Education and Training Reform Act 2006
In section 7B(1) of the Control of Weapons Act 1990after "section 5," insert "5AA, 5AB(1),".
CCExemptions for prohibited weapons and body armour
In section 8B(1)(a) of the Control of Weapons Act 1990after "(except section 5(1AC) or (1AD))" insert ", 5AA, 5AB(1)".
DDApprovals for prohibited weapons and body armour
In section 8C(1) of the Control of Weapons Act 1990, after "(except section 5(1AC) or (1AD))" insert ", 5AA, 5AB(1)".
EEPower to require production of approval
In section 8G(1)(a) of the Control of Weapons Act 1990after "section 5" insert ", 5AA or 5AB(1)".
FFWarrant to search
In section 11(1) of the Control of Weapons Act 1990, after "section 5" (wherever occurring) insert ", 5AA or 5AB".
GGNew section 17 inserted
After section 16 of the Control of Weapons Act 1990insert—
"17Savings provision—Police and Emergency Management Legislation Amendment Act 2012
(1)On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any Order made by the Governor in Council under section 8B(1), being an Order in force immediately before that commencement exempting a class of person, or a class of prohibited weapons (other than imitation firearms) or a corrections officer, military officer or police officer from any provision of section 5(1) is taken also to have the effect of an exemption from the provisions of section 5AA, to the same extent as that Order has provided for an exemptionfrom the provisions of section 5(1).
(2)On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any Order made by the Governor in Council under section 8B(1), being an Order in force immediately before that commencement exempting a class of person, or a class of prohibited weapons (being imitation firearms) or a corrections officer, military officer or police officer from any provision of section 5(1) is taken also to have the effect of an exemption from the provisions of section 5AB(1), to the same extent as that Order has provided for an exemption from the provisions of section 5(1).
(3)On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any approval granted by the Chief Commissioner under section 8C, being an approval in force immediately before that commencement, that—
(a)in relation to prohibited weapons (other than imitation firearms), approves a person to do anything that is otherwise prohibited by any provision of section 5 (except section 5(1A) or (1D)) is taken also to have the effect of an approval to do anything otherwise prohibited by any provision of section 5AA, to the same extent as the approval provides for section 5(1); or
(b)in relation to imitation firearms, approves a person to do anything that is otherwise prohibited by any provision of section 5 (except section 5(1A) or (1D)) is taken also to have the effect of an approval to do anything otherwise prohibited by any provision of section 5AB(1), to the same extent as the approval provides for section 5(1).".'.
Question — That the New Clauses stand part of the Bill — put and agreed to.
Heading to Part 6 — MrDalla-Riva moved —
7.Page 9, heading to Part 6, omit "6" and insert "7".
Question — That the amendment be agreed to — put and agreed to.
Heading to Part 6, as amended — put and agreed to.
Clause 11 — put and agreed to.
Long Title — MrDalla-Riva moved—
8.In the long title, after "area" insert "and to amend the Control of Weapons Act 1990".
Question — That the amendment be agreed to — put and agreed to.
Long Title, as amended — put and agreed to.
Bill reported with amendments.
Thursday, 7 June 2012
1MONETARY UNITS AMENDMENT BILL 2012
Clauses 1 to 4 — put and agreed to.
Bill reported without amendment.
2CITY OF MELBOURNE AMENDMENT (ENROLMENT) BILL 2012
Clauses 1 to 4 — put and agreed to.
Bill reported without amendment.