Version No. 035

Gaming and Betting Act 1994

Act No. 37/1994

Version incorporating amendments as at 17 December 2003

table of provisions

SectionPage

1

SectionPage

Part 1—Preliminary

1.Purpose

2.Commencement

3.Definitions

4.Money invested

5.Crown to be bound

Part 2—Wagering Licence and Gaming Licence

Division 1—General

6.Wagering licence

7.Gaming licence

8.One licence

9.Licence non-transferable

Division 2—Grant of initial licences

10.Application for initial licences

11.Authority to be satisfied as to certain matters

12.Grant of initial licences

13.Liability of Tabco on grant of initial licences

Division 3—Grant of licences after initial licences

14.Application for licence after initial licences

15.Matters to be considered in determining application

16.Investigation of application

17.Authority may require further information etc.

18.Updating of application

19.Recommendation on application

20.Grant of licence

Division 4—Entitlement of former licensee

21.Entitlement of former licensee on grant of new licences

Division 5—Operator

22.Appointment of operator or operators

23.Approval of wholly owned subsidiary

24.Investigation

25.Authority may require further information etc.

26.Updating of application

Division 6—Requirements regarding licensee, operator,
directors etc.

27.Restrictions on directors of licensee or operator

28.General investigations

29.Provision of information

30.Change in situation of licensee or operator

31.Licensee and others not to be associated with certain activities

Division 7—Disciplinary action and cancellation

32.Disciplinary action

33.Cancellation of both licences

34.Appointment of temporary licensee if licence cancelled

Part 3—On-Course Wagering Permit

Division 1—General

35.On-course wagering permit

36.Permit not transferable

Division 2—Grant of permit

37.Application for permit

38.Matters to be considered in determining application

39.Investigation of application

40.Authority may require further information etc.

41.Updating of application

42.Grant of permit

Division 3—Conduct of on-course wagering

43.Compliance with betting rules

Division 4—Commissions, dividends, taxes

44.Commissions

45.Wagering Tax

46.Dividends

Division 5—Supervision charge

47.Permit holder to pay charge

Division 6—General

48.Hospitals and Charities Fund

49.Unclaimed refunds and dividends

Division 7—Conflict of interest

50.Racing industry and licensee

Part 4—Regulation of Shareholding Interests

51.Definitions

52.Application of Part

53.Prohibited shareholding interest

54.Repealed

55.Power to require information relating to entitlement to shares inlicensee

56.Disposal, forfeiture etc. of shares where prohibited shareholdinginterest

57.Voting rights in respect of certain shares

58.Annulment of certain resolutions of the licensee

59.Making, review and revocation of declarations by Minister

60.Appeal against declarations of Minister

61.Sale of forfeited shares

62.Immunity of Minister, Authority and licensee and its officers andauditors

63.Service

Part 5—Approved Betting Competitions

64.Approval of betting competitions

65.Events and contingencies

66.Notice of approved betting competitions

67.Conditions of approval

Part 6—Wagering and Betting

Division 1—General

68.Lotteries Gaming and Betting Act 1966

69.Use of totalisator lawful

70.Approval of totalisator equipment

Division 2—Betting rules

71.Totalisator etc. not to be conducted without rules

72.Licensee to make betting rules

Part 7—Commissions, Dividends, Taxes

Division 1—Wagering

73.Commissions

74.Wagering tax

75.Dividends

Division 2—Approved betting competitions

76.Commissions—totalisators

77.Tax

78.Dividends

Division 3—Supervision charge

79.Licensee to pay charge

Division 4—General

80.Hospitals and Charities Fund

81.Unclaimed refunds, dividends and prizes

Part 8—Victorian Casino and Gaming Authority

82.Establishment

83.The Crown

84.Objects, functions, powers and duties

85.Members of the Authority

86.Remuneration

87.Term of office

88.Acting appointments

89.Vacancies, resignations

90.Disclosure of interests

91.Chairperson to preside

92.Proceedings of the Authority

92A.Delegation by the Authority

93.Validity of decisions

93A.Authority to give written statement after public meeting or on request

93B.Request for statement of reasons for decision

94.Funds of Authority

95.Annual report

96.Staff

Part 9—Director of Gaming and Betting

97.Director

98.Remuneration and allowances

99.Resignation

100.Acting appointment

101.Delegation

102.Functions of Director

103.Director to undertake other investigations

Part 10—Inspectors

Division 1—General

104.Appointment or employment

105.Director to be an inspector

106.Identification of inspectors

Division 2—Functions and powers under this Act

107.Rights of inspector in certain premises

108.Functions of inspectors

109.Powers of inspectors

110.Search warrants

111.Offences relating to obstruction etc. of inspectors

112.Former inspectors

Part 11—Offences

113.Minors

114.Offences relating to totalisators and approved betting competitions

115.Tickets etc. purportedly issued by licensee

116.Offence related to payment of dividends or prizes

117.Inducements, cheating etc.

118.Forgery etc.

119.Offence to extend credit etc.

120.Bribery

Part 12—General

121.Banking

122.Accounts

123.Books etc. to be kept on the premises

124.Audit of operator and permit holders

125.Certain sections do not affect non-wagering activities

126.Submission of reports

127.Secrecy

127A.Memorandum of understanding

128.Conflict of interest and duty

129.Personal liability of members etc.

130.Destruction of finger prints etc.

131.Records not kept in writing

132.False or misleading information

133.Service of documents on Authority

134.Service of documents on other persons

135.Costs of investigating applications

136.Evidence

137.Offences by corporations

138.Proceedings

139.Information gathering for law enforcement purposes

140.Powers of licensee under Corporations Act not affected

141.Supreme Court—limitation of jurisdiction

142.Regulations

Part 13—Staff and Property of TAB

Division 1—Staff

143.Definitions

144.List of TAB staff

145.Transfer of TAB staff

146.Future terms and conditions of transferred employees

147.Superannuation—revised scheme or new scheme members

148.Repealed

149.Superannuation Funds

Division 2—Allocation of property

150.TAB to prepare allocation statement

151.Certificate of Treasurer

Division 3—Transfer of property

152.Property transferred to Tabco

153.Property transferred to wholly owned subsidiary

154.Property transferred to State

155.Allocation of property etc. subject to encumbrances

156.Value of transferred property

157.Substitution of party to agreement

158.TAB instruments

159.Proceedings

160.Interests in land

161.Amendment of Register

Division 4—General

162.Taxes

163.Evidence

164.Validity of things done under this Part

164A.Guarantees etc.

Part 14—Transitional Provisions

Division 1—Succession of Authority

165.Definitions

166.Authority to become successor in law of Casino Authority andGaming Commission

167.Instruments of the Casino Authority, Gaming Commission or Director of Gaming

168.Proceedings

169.Evidence

170.Inspectors

171.Repealed

Division 2—General

172.TAB to make certain payments

Part 15—Racing Act 1958

Division 1—Amendment

173.Principal Act

174–194. Repealed

Division 2—Transitional

195.Dividends Adjustment Funds

196.Balance of commissions to be paid to Tabco

197.Accrued taxes as at appointed day

198.Dividends unclaimed as at appointed day

199.Minimum dividends

200.Horse racing funds

201.Harness racing funds

202.Greyhound racing funds

203.Distribution of reserve

204.Rights etc. in property extinguished

205.Transitional

206.Dissolution of TAB

Part 16—Gaming Machine Control Act 1991

Division 1—General amendment

207.Principal Act

208–221. Repealed

Division 2—Transitional

222.TAB ceases to hold gaming operator's licence

223.Repealed

224.Venue operator's licences for tabarets at Ballarat and Bendigo

225.Provisions applying in respect of tabaret premises

225A.Inspectors

PartS 17, 18—Repealed159

226–235. Repealed159

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 035

Gaming and Betting Act 1994

Act No. 37/1994

Version incorporating amendments as at 17 December 2003

1

Gaming and Betting Act 1994

Act No. 37/1994

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purpose

The purpose of this Act is to make provision for the carrying on, under licence or permit, of—

(a)a business of wagering;

(b)a business of conducting approved betting competitions;

(c)a business of conducting gaming;

(d)a business of conducting club keno;

(e)a business of on-course wagering.

2.Commencement

(1)Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in sub-section (2) does not come into operation within the period of 12months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3.Definitions

s. 3

(1)In this Act—

"appointed day" means the day on which Part 7 comes into operation;

"approved betting competition" means a betting competition of a kind or class approved by the Minister under Part 5;

"approved club" means a club, society or other association the rules of which are approved under section 26 or 59A of the Racing Act 1958;

S. 3(1) def. of "associate" amended by No.44/2001 s.3(Sch. item53.1
(a)(i)(ii)).

"associate"—

(a)in Part 4, has the meaning, in relation to a person, it would have under Division2 of Part 1.2 of the Corporations Act if—

(i)for paragraphs (b) and (c) of section 12 of that Act, there were substituted—

"or

(b)whether the primary person is in a position to exercise certain powers in relation to a body corporate;"; and

(ii)sections 13, 14, 16(2) and 17 of that Act were repealed; and

(b)in any other case, means, in relation to a person (the first person)—

(i)a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the wagering business or the gaming business (as the case requires) of the first person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of any such business; or

(ii)a person who holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the wagering business or the gaming business (as the case requires) of the first person; or

(iii)a person who is a relative of the first person;

s. 3

"Australian body corporate" means a body corporate that—

(a)is incorporated by or under a law of the Commonwealth or of a State or Territory; and

(b)is substantially owned and effectively controlled by persons who are—

(i)Australian individuals; or

(ii)Australian government bodies; or

(iii)Australian fund managers; or

(iv)bodies corporate incorporated by or under a law of the Commonwealth or of a State or Territory substantially owned and effectively controlled by persons referred to in a preceding sub-paragraph;

"Australian citizen" has the same meaning as in the Australian Citizenship Act 1948 of the Commonwealth;

"Australian fund manager" means the trustee or manager of a fund in which the total interests of Australian individuals, Australian government bodies and Australian bodies corporate represent at least 60% of the total interests in the fund;

"Australian government body" means—

(a)the Commonwealth, a State or a Territory; or

s. 3

(b)a Commonwealth, State or Territory authority; or

(c)a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or

(d)a person who is a nominee of a body mentioned in paragraph (a), (b) or (c);

"Australian individual" means an individual who is an Australian citizen or is ordinarily resident in Australia;

"Australian resident" means—

(a)an Australian individual; or

(b)an Australian government body; or

(c)an Australian body corporate; or

(d)an Australian fund manager;

"authorised person" means—

(a)a member of the Authority; or

(b)the Director; or

(c)an inspector; or

(d)a member of the staff of the Authority appointed by the Authority in writing to be an authorised person for the purposes of this Act;

"Authority" means the Victorian Casino and Gaming Authority established under this Act;

"betting rules" means rules made in accordance with this Act for wagering or approved betting competitions;

"conduct" includes carry on, manage or assist in carrying on or managing;

"Director" means the Director of Gaming and Betting appointed under Part 9;

S. 3(1) def. of "director" amended by No.44/2001 s.3(Sch. item53.1(b)).

"director", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;

s. 3

"exempt totalisator" means a totalisator in respect of which an exemption under sub-section (3) is in force;

"gaming" has the same meaning as in the Gaming Machine Control Act 1991;

"gaming licence" means the gaming licence granted under Part 2;

"greyhound race" means a race in which greyhounds compete;

"harness race" means a race in which horses compete moving at a gait generally known as pacing or trotting;

"horse race" means a race in which horses compete but does not include a harness race;

"initial licences" means the first wagering licence and the first gaming licence granted to Tabco under this Act;

"inspector" means an inspector appointed under Part 10;

"instrument" includes a document and an oral agreement;

"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;

"licence" means the wagering licence or the gaming licence granted under Part 2;

S. 3(1) def. of "licensed club" amended by Nos 16/2001 s.35(1), 35/2001 s.7(1).

"licensed club" means Harness Racing Victoria, Greyhound Racing Victoria or a club licensed under section 24A of the Racing Act 1958;

s. 3

"licensee" means the holder of the wagering licence and the gaming licence;

"member" means chairperson, deputy chairperson or other member of the Authority;

"minor" means a person who is under the age of 18 years;

"non-resident" means a person who is not an Australian resident;

S. 3(1) def. of "operator" amended by No. 98/1994 s.4(1).

"operator" in relation to a licence, means—

(a)unless paragraph (b) applies, the licensee; or

(b)while an appointment under section 22 is in force, the wholly-owned subsidiary of the licensee appointed under that section as the operator or operators in relation to that licence;

"permit" means on-course wagering permit granted under Part 3;

"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

"race" includes a division of a race;

"race meeting" means a meeting conducted by a licensed club for the purpose of horse racing, harness racing or greyhound racing;

S. 3(1) def. of "Racing Products" substituted by No.44/2001 s.3(Sch. item53.1(c)).

"Racing Products" means Racing Products Pty Ltd (A.C.N. 064 067 867);

s. 3

S. 3(1) def. of "related body corporate" amended by No.44/2001 s.3(Sch. item53.1(d)).

"related body corporate",in relation to a body corporate, has the same meaning as in section9 of the Corporations Act;

"relevant financial interest",in relation to a business, means—

(a)any share in the capital of the business; or

(b)any entitlement to receive any income derived from the business; or

(c)any entitlement to receive any payment as a result of money advanced;

"relevant position",in relation to a business, means the position of director, manager, or other executive position or secretary, however that position is designated;

"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)to participate in any directorial, managerial, or executive decision; or

(b)to elect or appoint any person to any relevant position;

"relative",in relation to a person, means the spouse, de facto spouse, parent, son, daughter, or brother or sister (whether of the full or half blood) of the person;

"refund" means the amount of an investment made in a totalisator under this Act which is repayable to an investor (whether wholly or partly) in accordance with the betting rules;

s. 3

"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

S. 3(1) def. of "share" amended by No.44/2001 s.3(Sch. item53.1(d)).

"share",in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;

S. 3(1) def. of "subsidiary" amended by No.44/2001 s.3(Sch. item53.1(d)).

"subsidiary",in relation to a body corporate, means a body corporate that is a subsidiary of the first-mentioned body corporate by virtue of Division 6 of Part 1.2 of the Corporations Act;

"TAB" means the Totalizator Agency Board established under the Racing Act 1958;

S. 3(1) def. of "Tabco" substituted by No.44/2001 s.3(Sch. item53.1(e)).

"Tabco" means TABCORP Holdings Limited (A.C.N. 063 780 709);

"TAB instrument" means an instrument (including a legislative instrument other than in this Act) subsisting immediately before the appointed day—

(a)to which TAB was a party; or

(b)that was given to or in favour of TAB; or

s. 3

(c)that refers to TAB; or

(d)under which—

(i)money is, or may become, payable to or by TAB; or

(ii)other property is to be, or may become liable to be, transferred to or by TAB;

"ticket" in relation to a totalisator, includes card, token or thing entitling or purporting to entitle any person to any interest in any dividend, division or distribution of any money by means of, or in connection with, or as the result of, the operation of a totalisator;

"totalisator" means a scheme of pari-mutuel betting, whether conducted by means of an instrument or contrivance known as a totalisator or otherwise;

"transferred property" means property, rights or liabilities of TAB that, under Part 13, have vested in, or become liabilities of, Tabco, a wholly owned subsidiary of Tabco or the State;

"transferee",in relation to transferred property, means Tabco or a wholly owned subsidiary of Tabco to which the property has been transferred or, if the property has been transferred to the State, the State;

S. 3(1) def. of "VicRacing" substituted by No.44/2001 s.3(Sch. item53.1(f)).

"VicRacing" means VicRacing Pty Ltd (A.C.N. 064 067 849);

S. 3(1) def. of "voting share" amended by No.44/2001 s.3(Sch. item53.1(g)).

"voting share",in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;

s. 3

"wagering" means pari-mutuel betting on a horse race, harness race or greyhound race;

"wagering event" means a horse race, harness race or greyhound race;

"wagering licence" means the wagering licence granted under Part 2;

S. 3(1) def. of "wholly-owned subsidiary" amended by No.44/2001 s.3(Sch. item53.1(g)).

"wholly-owned subsidiary",in relation to a body corporate, has the same meaning as in section9 of the Corporations Act.

(2)For the purpose of paragraph (b) of the definition of "Australian body corporate", a body corporate is substantially owned and effectively controlled by persons referred to in that paragraph if and only if the total value of shares in the body corporate in which persons other than persons so referred to have relevant interests (within the meaning of section 51(4)) represents less than 40% of the total value of the issued share capital of the body corporate.

(3)The Treasurer, by notice given to the licensee, may grant to the licensee an exemption, subject to such conditions (if any) as the Treasurer determines and specifies in the notice, for the purposes of Part 7 for a totalisator conducted by the licensee or an operator if the Treasurer is satisfied that the totalisator is not connected with wagering or approved betting competitions conducted in Victoria.

(4)The Treasurer, by notice given to the licensee, may, subject to such conditions (if any) as the Treasurer determines and specifies in the notice, declare that specified amounts, or amounts of a specified class, invested in a totalisator are deemed, for the purposes of sections 73 and 76, not to form part of the total amount invested in that totalisator.

S. 3(5) inserted by No. 90/1997 s.36.

(5)The Treasurer, by notice given to the licensee, may, subject to such conditions (if any) as the Treasurer determines and specifies in the notice, declare that specified amounts, or amounts of a specified class, are deemed, for the purposes of section 77(1), not to form part of the net investment in approved betting competitions at fixed odds conducted by the licensee or an operator.