Gambling and Liquor Legislation Amendment (Modernisation) Act 2014

Gambling and Liquor Legislation Amendment (Modernisation) Act 2014

No. 56 of 2014

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Gambling Regulation Act2003

Division 1—Modernisation of Chapter 2

3Definitions—section 1.3

4New section 1.3AA inserted

1.3AAMeaning of gambling

5Heading to Chapter 2 substituted

6Section 2.1.1 substituted

2.1.1Purposes

7Definitions—Chapter 2

8Section 2.1.3 repealed

9Part 2 of Chapter 2 substituted

Part 2—Gambling

Division 1—Unauthorised gambling

2.2.1Prohibition against unauthorised gambling

2.2.2Recovery of money lost in unauthorised gambling

Division 2—Authorised gambling

2.2.3Authorisation for games at amusement centres, fetes, carnivalsetc.

2.2.4Authorisation for two-up on ANZAC Day

2.2.5Authorisation for betting games on approved foot or bicycle races

2.2.6Approved Calcutta Sweepstakes permitted

2.2.7Suspension or revocation of approval to conduct Calcutta Sweepstakes

Division 3—Advertising of unauthorised gambling

2.2.8Prohibition against advertising unauthorised gambling

10Part 3 of Chapter 2 repealed

11Section 2.4.1 substituted

2.4.1Unauthorised gaming or wagering contracts are void

12Section 2.4.2 repealed

13Heading to Part 5 of Chapter 2 substituted

14Divisions 1, 2, 4, 4A, 5, and 5A of Part 5 of Chapter2 repealed

15Heading to Division 6 of Part 5 of Chapter 2 of the Gambling Regulation Act 2003 repealed

16Section 2.5.20 substituted

2.5.20Prohibition against providing place for unauthorised gambling

17Warrant to enter common gaming house and search and seize
on premises

18Offence to obstruct the entry of authorised members of police force

19Obstructing entry to be evidence of house being a common gaming house

20Section 2.5.24 repealed

21Power of owner to evict occupier of common gaming house or place

22Cancellation of notice to quit

23Declaration of common gaming house or place

24Application for rescission by owner etc.

25Application for rescission by police

26Other notices of declaration

27Persons found etc. in declared common gaming house

28Section 2.5.33 substituted

2.5.33Convicted persons found in declared place

29Section 2.5.34 repealed

30Liability of owner

31Liability of occupier

32Entry by police

33Section 2.5.39 repealed

34Procedure where house or place is entered under a special warrantetc.

35Persons required to be examined as witnesses making a full discovery to receive a certificate

36Indemnity of witnesses

37Persons found in common gaming house or place

38Section 2.5.44 repealed

39Division 7 of Part 5 of Chapter 2 repealed

40Sections 2.6.1, 2.6.2 and 2.6.4 repealed

41Evidence as to offences

42Section 2.6.6 repealed

43Gaming in approved venue declared lawful

44Purpose—Chapter 4

45Definitions—Chapter 4

46Wagering and approved betting competitions

47Use of totalisator lawful

48New Division 1A inserted in Part 2 of Chapter 4

Division 1A—Regulation of publication and use of race
fields

4.2.3ARestrictions on publication and use of race fields

4.2.3BApplication for race field publication and use approval

4.2.3CPublication and use approval

4.2.3DTribunal review

4.2.3ECompetition and Consumer Act and Competition Code

49Definitions—Part 7 of Chapter 4

50Schedule 1 amended

51Schedule 4 amended

Division 2—Other amendments

52New section 4.5A.17 inserted

4.5A.17Registered bookmaker must not engage convicted
person

53Determination of application

54New section 10.1A.2 inserted

10.1A.2Directions to licence holders to provide information for policy development

55Amendment of Schedule 7

Part 29—Gambling and Liquor Legislation Amendment (Modernisation) Act2014

29.1Applications for Calcutta Sweepstakes approvals

29.2Calcutta Sweepstakes approvals

29.3Applications for declaration of place provided for unauthorised gambling

29.4Declaration of place provided for unauthorised
gambling

29.5Applications for rescission by owner

29.6Applications for rescission by police

29.7Application for publication and use approval

29.8Publication and use approvals

29.9Tribunal review

Part 3—Amendment of Liquor Control Reform Act1998

56Offences by licensee and permittee

57Supplying liquor to minors

58Allowing minors on licensed or authorised premises

59Sending minor to obtain liquor

60Permitting minor to supply liquor

Part 4—Consequential Amendments

61Confiscation Act 1997

62Liquor Control Reform Act 1998

63Racing Act 1958

Part 5—Repeal of Amending Act

64Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Gambling and Liquor Legislation Amendment (Modernisation) Act 2014[†]

No. 56 of 2014

[Assented to 26 August 2014]

Gambling and Liquor Legislation Amendment (Modernisation) Act 2014
No. 56 of 2014

The Parliament of Victoriaenacts:

Part 5—Repeal of Amending Act

Gambling and Liquor Legislation Amendment (Modernisation) Act 2014
No. 56 of 2014

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the GamblingRegulation Act 2003—

(i) toreplace outdated provisions with modernised general prohibitions on conducting, advertising, and providing places for unauthorised gambling; and

(ii)to prohibit registered bookmakers from engaging certain persons to assist in certain aspects of a bookmaker's operations; and

(iii)to provide that the Victorian Commission for Gambling and Liquor Regulation may issue a permit to conduct a lottery to promote a keno game; and

(iv)to provide for the Minister to require licence holders to provide information to assist in the development of policy; and

(b)to amend the Liquor Control Reform Act 1998—

(i) to make further provision in relation to the offence of permitting drunken or disorderly persons to be on licensed or authorised premises; and

(ii)to increase the penalties for certain offences relating to minors; and

(c)tomake consequential amendments.

2Commencement

s. 2

(1)Subject to subsection (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 1 July 2015, it comes into operation on that day.

______

Part 2—Amendment of Gambling Regulation Act2003

Division 1—Modernisation of Chapter 2

3Definitions—section 1.3

s. 3

See:
Act No.
114/2003.
Reprint No. 5
as at
16 August 2012
and amending
Act Nos
114/2003, 60/2011, 20/2012, 9/2013, 27/2013, 70/2013 and 4/2014.
LawToday:
www.
legislation.
vic.gov.au

In section 1.3(1) of the Gambling Regulation Act 2003—

(a)the definition of common gaming house or place is repealed;

(b)in the definition of fundraising event, for "unlawful games are played" substitute "gambling is conducted";

(c)in the definition of lottery, for "distribution of property or money or raffle such as is referred to in section 2.1.3" substitute "activity referred to in section 1.3AA(3)";

(d)in the definition of race meeting omit "(except in Chapter 2)";

(e)omit the note at the foot of the definition of race meeting;

(f)the definition of unlawful game is repealed;

(g) insert the following definitions—

"gambling has the meaning given in section1.3AA;

racecourse means land used for race meetings;

unauthorised gambling means gambling that is not authorised by or under this Act or another Act;

wagering service provider means—

(a)a person who operates a totalisator in Victoria or elsewhere in Australia;

(b)a person who operates a betting exchange in Victoria or elsewhere in Australia;

(c)a person who, in Victoria or elsewhere in Australia, carries on the business of, or acts as, a bookmaker or turf commission agent;

(d)a person who, in Victoria or elsewhere in Australia, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers;

(e)an employee or agent of a person mentioned in paragraph (a), (b), (c) or(d);".

4New section 1.3AA inserted

s. 4

After section 1.3 of the Gambling Regulation Act 2003 insert—

"1.3AA Meaning of gambling

(1)For the purposes of this Act, gambling means an activity in which—

(a) a prize of money or something else of value is offered or can be won; and

(b)a person pays or stakes money or some other valuable consideration to participate; and

(c)the outcome involves, or is presented as involving, an element of chance.

(2)For the purposes of subsection (1)(c), it is irrelevant—

(a)that the outcome of the activity also involves an element of skill; or

(b)thatan element of chance involved in the activity can be overcome or eliminated by superlative skill.

(3) Despite subsections (1) and (2), gambling does not include—

(a)an activity—

(i) that is undertaken with no intention to raise money for any purpose; and

(ii)in which all money or other valuable consideration paid or staked is returned to the participants; and

s. 4

(iii)in which no person who is organising, managing or supervising the activity (whether or not the person participates in the activity) receives money or other valuable consideration for doing so; or

(b) an activity in which all participation is gratuitous; or

(i) the winner of a race or lawful sport, game or exercise; or

(ii)the owner of a horse engaged in a race; or

(d)a private raffle among employees of the same employer if—

(i) the net proceeds of the raffle are intended to be appropriated to the provision of amenities for employees of that employer; and

(ii)the value of the prize does not exceed $5000; or

(e) an activity prescribed for the purposes of this paragraph.".

5Heading to Chapter 2 substituted

s. 5

For the heading to Chapter 2 of the Gambling Regulation Act 2003 substitute—

"Chapter 2—General prohibitions and authorisations".

6Section 2.1.1 substituted

For section 2.1.1 of the Gambling Regulation Act 2003 substitute—

"2.1.1 Purposes

The purposes of this Chapter are—

(a)to prohibit unauthorised gambling; and

(b)to authorise certain types of gambling; and

Note

Other Chapters and the Casino Control Act 1991 also authorise certain types of gambling.

(c)to prohibit the advertising of unauthorised gambling; and

(d)to void contracts and agreements relating to unauthorised gaming or wagering; and

(e) to prohibit the provision of places for unauthorised gambling; and

(f) to provide for the banning of irresponsible gambling products and practices.".

7Definitions—Chapter 2

s. 7

In section 2.1.2(1) of the Gambling Regulation Act 2003—

(a)insert the following definitions—

"declared place means a place that is subject to a declaration under section 2.5.27;

equipment for unauthorised gamblingmeans a document, device, piece of equipment or other thing that is used, apparently used or likely to be used in conducting, or in connection with, unauthorised gambling;";

(b) in the definition of sporting event, for "exercise;" substitute "exercise.";

(c) the definitions of instrument of betting, instrument of gaming, profit, racecourse, race meeting and undertakingarerepealed.

8Section 2.1.3 repealed

Section 2.1.3 of the Gambling Regulation Act 2003 is repealed.

9Part 2 of Chapter 2 substituted

s. 9

For Part 2 of Chapter 2 of the Gambling Regulation Act 2003 substitute—

"Part 2—Gambling

Division 1—Unauthorised gambling

2.2.1Prohibition against unauthorised gambling

(1)A person must not conductunauthorised gambling.

Penalty:100 penalty units.

(2)Without limiting subsection (1),a person conducts unauthorised gambling if the person—

(a)organises, manages or supervises unauthorised gambling; or

(b)distributes a prize offered in unauthorised gambling; or

(d)facilitates participation in unauthorised gambling (including by allowing a person to participate in unauthorised gambling); or

(e)uses a document, device, piece of equipment or other thing for the purposes of enabling unauthorised gambling to take place; or

(f) assists in an activity described in paragraph (a), (b), (c), (d) or (e).

(3)A person does not conduct unauthorised gambling merely because the person participates in unauthorised gambling.

2.2.2Recovery of money lost in unauthorised gambling

(1)This section applies if a person (theparticipant) has paid or staked money or other valuable consideration in unauthorised gambling.

(2) Each person who conducted the unauthorised gambling is jointly and severally liable to return the money or other valuable consideration (or the value of the valuable consideration)to the participant.

(3)The participant may recover the money or other valuable consideration (or the value of the valuable consideration) in a court of competent jurisdiction.

Division 2—Authorised gambling

2.2.3Authorisation for games at amusement centres, fetes, carnivalsetc.

s. 9

(1)A person may, in accordance with this section, offer a prize at a place or function specified in subsection (2) or any similar place or function.

(2)The following places and functions are specified for the purposes of subsection(1)—

(a)an amusement centre;

(b)a tourist centre;

(c)a recreational centre;

(d)a fete;

(e)a fair;

(f)a bazaar;

(g)acarnival;

(h)a gymkhana.

(3)A person conducting an activity referred to in subsection (1) must—

(a)ensure that the value of the money or valuable consideration to which each participant is entitled at each attempt does not exceed $50; and

(b)comply with the prescribed standards and conditions.

(4)A person conducting an activity referred to in subsection (1) may engage in that activity by means of a device or game.

2.2.4Authorisation for two-up on ANZAC Day

s. 9

(1)A person may conduct a game of two-up on ANZAC Day—

(a)at any premises being used on that day by any sub-branch of the Returned and Services League; and

(b)at any premises, or in any area, approved for the purposes of this subsection by the Returned and Services League.

(2) A person may conduct a game of two-up at any function commemorating ANZAC Day if the function—

(a)is held not more than 7 days before ANZAC Day; and

(b)is organised by a sub-branch of the Returned and Services League; and

(c)is held at any place which is owned or occupied by the sub-branch and which is approved for the purposes of this subsection by the Returned and Services League.

2.2.5Authorisation for betting games on approved foot or bicycle races

(1)A person may conduct a betting game on a foot race or bicycle race that is—

(a)conducted by a club or other organisation affiliated with the Victorian Athletic League or Victorian Cycling Incorporated; and

(b)approved by a prescribed person.

(2)An application for approval of a foot raceor bicycle race must be accompanied by the prescribed fee (if any).

(3)An approval may be given in respect of a specified race or races of a specified class.

2.2.6Approved Calcutta Sweepstakes permitted

s. 9

(1)A club may conduct Calcutta Sweepstakes in accordance with an approval issued under this section.

(2)A club may apply to the Minister for approval to conduct Calcutta Sweepstakes.

(3)An application must be accompanied by the prescribed fee (if any).

(4)The Minister may issue an approval under this section and for that purpose may take into account any matter that the Minister considers relevant.

(5)Without limiting subsection (4), the Minister may consider—

(a)whether the club is conducted in good faith; and

(b)whether the club has contravened any law relating to gambling; and

(c)the types of sporting events on which the club wishes to conduct Calcutta Sweepstakes.

(6)An approval is subject to the following conditions—

(a)the Calcutta Sweepstakes may be conducted only with respect to sporting contingencies;

s. 9

(b)subscriptions may be canvassed or made only on the club premises;

(c)participation must be limited to members of the club and their guests;

(d)not more than 5% of the proceeds of each sweepstake may be retained by the club for its expenses of conducting the sweepstake and the whole of the remainder must be distributed as prizes among the participants;

(e)no written notice or advertisement of a Calcutta Sweepstake may be exhibited, distributed or published except—

(i) a notice exhibited on the premises of the club; or

(ii)a circular to members advising of the intention to conduct the sweepstake;

(f)a Calcutta Sweepstake must be conducted in accordance with the regulations (ifany);

(g)any other conditions that the Minister thinks fit.

(7)An approval under this section is not transferable to any other club.

2.2.7Suspension or revocation of approval to conduct Calcutta Sweepstakes

(1)The Minister may suspend or revoke an approval under section 2.2.6by giving the holder of the approval a written notice stating the reason for the suspension or revocation.

(2)Without limiting subsection (1), the Minister may suspend or revoke an approval if the holder of the approval has contravened this Act, the regulations or a condition of the approval.

Division 3—Advertising of unauthorised gambling

2.2.8 Prohibition against advertising unauthorised gambling

s. 9

(1)A person must not publish, or cause to be published, any advertising that contains any information, term, expression, symbol or other thing associated with unauthorised gambling.

Penalty:100 penalty units.

(2)For the purposes of subsection (1), information or a term, expression, symbol or other thing is taken to be associated with unauthorised gambling if—

(a)a reasonable person with ordinary knowledge who is a resident of Victoria would consider it to be associated with gambling; and

(b)the gambling with which it would be considered to be associated is unauthorised gambling.

(3)In this section—

publish includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers).".

10Part 3 of Chapter 2 repealed

s. 10

Part 3 of Chapter 2 of the Gambling Regulation Act 2003 is repealed.

11Section 2.4.1 substituted

For section 2.4.1 of the Gambling Regulation Act 2003substitute—

"2.4.1 Unauthorised gaming or wagering contracts are void

A gaming or wagering contract or agreement (whether written or not) is void if the gaming or wagering to which it relates is unauthorised gambling.".

12Section 2.4.2 repealed

Section 2.4.2 of the Gambling Regulation Act 2003 is repealed.

13Heading to Part 5 of Chapter 2 substituted

s. 13

For the heading to Part 5 of Chapter 2 of the Gambling Regulation Act 2003substitute—

"Part 5—Places provided for unauthorised gambling".

14Divisions 1, 2, 4, 4A, 5, and5A of Part 5 of Chapter2 repealed

Divisions 1, 2, 4, 4A, 5 and5A of Part 5 of Chapter 2 of the Gambling Regulation Act 2003 are repealed.

15Heading to Division 6 of Part 5 of Chapter 2 of the Gambling Regulation Act 2003 repealed

The heading to Division 6 of Part 5 of Chapter 2 of the Gambling Regulation Act 2003 is repealed.

16Section 2.5.20 substituted

For section 2.5.20 of the Gambling Regulation Act 2003 substitute—

"2.5.20 Prohibition against providing place for unauthorised gambling

(1)A person must not provide a placefor the purposes of unauthorised gambling.

Penalty:100 penalty units.

(2)A person does not commit an offence against subsection (1) if the person—

(a)is an owner, or the agent of an owner, of the place; and

(b)is not an occupier of the place; and

(c)either—

(i) was unaware, and had no reasonable ground to suspect, that the place was provided for the purposes of unauthorised gambling; or

(ii)had taken all reasonable steps to prevent the place being provided for the purposes of unauthorised gambling.".

17Warrant to enter common gaming house and search and seize on premises

s. 17

(1)In the heading to section 2.5.21 of the Gambling Regulation Act 2003, for "common gaming house" substitute "place provided for unauthorised gambling".

(2)Insection 2.5.21(1) of the Gambling Regulation Act 2003omit "house or" (where first ocurring).

(3)For section 2.5.21(1)(a) and (b) of the Gambling Regulation Act 2003substitute—

"(a) is providedfor the purposes of unauthorised gambling; or

(b)contains any equipment for unauthorised gambling.".

(4) In section 2.5.21(3) of the Gambling Regulation Act 2003—

(a)omit"house or" (wherever occurring);

(b)in paragraphs (c) and (d), for "instruments of gaming" substitute "equipment for unauthorised gambling".

18Offence to obstruct the entry of authorised members of police force

In section 2.5.22 of the Gambling Regulation Act 2003omit "house or" (wherever occurring).

19Obstructing entry to be evidence of house being a common gaming house

s. 19

(1)In the heading to section 2.5.23 of the Gambling Regulation Act 2003, for "house being a common gaming house" substitute "place being provided for unauthorised gambling".

(2)In section 2.5.23 of the Gambling Regulation Act 2003—

(a)in paragraph (a)—

(i) for "a house or place" substitute
"a place";

(ii)for "the house or place" substitute
"the place";

(b)in paragraph (b), for "a house or place" substitute "a place";

(c)for paragraph (c) substitute—

"(c)a place is found fitted or provided with equipment for unauthorised gambling or any means or contrivance for—

(i) conducting a lottery or totalisator; or

(ii)concealing, removing or destroying equipment for unauthorised gambling—";

(d) for "the house or place is a common gaming house or place and that the persons found in the house or place were unlawfully playing there" substitute "the place is provided for the purposes of unauthorised gambling and that unauthorised gambling was being conducted at the place".

20Section 2.5.24 repealed

s. 20

Section 2.5.24 of the Gambling Regulation Act 2003 is repealed.

21Power of owner to evict occupier of common gaming house or place

(1)In the heading to section 2.5.25 of the Gambling Regulation Act 2003, for "common gaming house or place" substitute "place provided for unauthorised gambling".

(2)For section 2.5.25(1) of the Gambling Regulation Act 2003substitute—

"(1) An owner of a place may serve on an occupier a notice to quit if the owner has reasonable grounds to suspect that the place is provided for the purposes of unauthorised gambling.

(1A) A notice served under this section must state that it is served under this section.".

(3)In section 2.5.25(2) and (4) of the Gambling Regulation Act 2003—

(a)for "under subsection (1)" substitute
"under this section";

(b)omit "house or".

(4) In section 2.5.25(5) of the Gambling Regulation Act 2003omit "house or".

22Cancellation of notice to quit

(1)In section 2.5.26(1) of the Gambling Regulation Act 2003, for "time—" substitute"time provided, or permitted the place to be provided, for the purposes of unauthorised gambling.".

(2)Section 2.5.26(1)(a) and (b) of the Gambling Regulation Act 2003 are repealed.

(3) In section 2.5.26(2) of the Gambling Regulation Act 2003omit "house or".