Gambling Regulation Amendment Act 2007

Gambling Regulation Amendment Act 2007

No. 39 of 2007

table of provisions

SectionPage

ClausePage

1Purpose

2Commencement

3Principal Act

4Definition

5Heading substituted

6Section 3.2.4 substituted and new section 3.2.4A inserted

3.2.4Regional and municipal limits on gaming machines

3.2.4AReview of regional and municipal limits

7No compensation payable

8Matters to be considered in determining applications

9Amendment of conditions

10Consideration and making of amendment

11Payment of accumulated credits and cashing of cheques

12Community benefit statements

13Payment to Community Support Fund

14New Part 17 inserted in Schedule 7

Part 17—Gambling Regulation Amendment Act 2007

17.1Definition

17.2Ministerial orders and Commission directions and determinations

17.3Community benefit statements

15Repeal of Act

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Endnotes

ClausePage

Victoria

ClausePage

Gambling Regulation Amendment Act 2007[†]

No. 39 of 2007

[Assented to 28 August 2007]

Gambling Regulation Amendment Act 2007
No. 39 of 2007

The Parliament of Victoriaenacts:

Gambling Regulation Amendment Act 2007
No. 39 of 2007

1Purpose

The purpose of this Act is to amend the Gambling Regulation Act 2003 to—

(a)establish a system for the further regulation of gaming machines by providing for Ministerial orders to be made to limit the number of gaming machines in municipal districts, to amend the way in which regional limits are set and to make consequential amendments;

(b)improve customer protection by ensuring that if a person has $1000 or more of accumulated credits on a gaming machine, those credits must be paid out entirely by cheque;

(c)amend the requirements for venue operators to lodge community benefit statements;

(d) extend the timeframe by a further 4 years regarding payments into the Community Support Fund.

2Commencement

s. 2

(1) This Act (other than section 11) comes into operation on the day after the day on which it receives the Royal Assent.

(2) Subject to subsection (3), section 11 comes into operation on a day to be proclaimed.

(3) If section 11 does not come into operation before 1 December 2007, it comes into operation on that day.

3Principal Act

s. 3

See:
Act No.
114/2003.
Reprint No. 1
as at
21 July 2005
and amending
Act Nos 16/2004, 104/2004, 18/2005, 22/2005, 92/2005, 98/2005, 7/2006, 23/2006, 24/2006, 32/2006, 48/2006, 54/2006, 79/2006, 80/2006 and 11/2007.
LawToday:
www.
legislation.
vic.gov.au

In this Act, the Gambling Regulation Act 2003 is called the Principal Act.

4Definition

In section 1.3(1) of the Principal Act insert the following definition—

"municipal limit means the maximum permissible number, determined and in force under section 3.2.4, of gaming machines available for gaming in a municipal district or part of a municipal district;".

5Heading substituted

For the heading to Division 2 of Part 2 of Chapter 3 of the Principal Act substitute—

"Division 2—Ministerial directions, regional limits and municipal limits".

6Section 3.2.4 substituted and new section 3.2.4A inserted

s. 6

For section 3.2.4 of the Principal Act substitute—

"3.2.4 Regional and municipal limits on gaming machines

(1)The Minister may from time to time, by order published in the Government Gazette—

(a)determine regions in the State for the purposes of this Chapter; and

(b) in respect of a region or municipal district—

(i)determine the maximum permissible number of gaming machines available for gaming in the region or municipal district; or

(ii)require the Commission, based on criteria specified in the order, to determine the maximum permissible number of gaming machines available for gaming in the region or municipal district; and

(c) require the Commission, based on criteria specified in the order, to determine how gaming machines are to be removed from—

(i)a region, if the number of gaming machines available for gaming in a region exceeds the maximum permissible number available for gaming in the region; or

(ii)a municipal district, if the number of gaming machines available for gaming in the municipal district exceeds the maximum permissible number available for gaming in the district; and

(d)specify a time within which the Commission must make a determination under paragraph (c); and

(e) specify a maximum period within which gaming machines available for gaming that exceed the maximum permissible number are to be removed, being a period not exceeding 5 years after the date on which the order is published in the Government Gazette; and

(f)specify criteria that the Commission must have regard to when determining the timing of reviews under section 3.2.4A.

s. 6

(2)An order under subsection (1) in relation to a municipal limit may exclude part of the municipal district from the order.

(3)If any part of a municipal district is subject to a regional limit, an order under subsection (1) in relation to a municipal limit applies only to the part (if any) of the municipal district that is not subject to the regional limit.

(4) Within the time specified in an order under subsection (1) or, if no time is specified in the order, within 60 days after the order is published in the Government Gazette, the Commission must, by instrument published in the Government Gazette, make any determination the order requires it to make—

(a)in accordance with the criteria specified in the order; and

(b)subject to compliance with any direction given by the Minister and in force under section 3.2.3(1).

(5) If an order under subsection (1) does not specify all of the relevant information or criteria by which the Commission must make a determination, the Commission may, in making a determination under subsection (4), determine anything that is necessary to give effect to the order.

(6) Within 7 days after publication of a determination under subsection (4), the Commission must—

s. 6

(a)serve on each gaming operator a copy of the determination; and

(b)give each gaming operator a written direction requiring compliance with the regional limit or municipal limit (as the case requires) by any means specified by the Commission in the direction.

(7) A direction under subsection (6)(b) must specify—

(a)the number of gaming machines to be removed from the region or municipal district and from each approved venue; and

(b)the period within which the gaming machines are to be removed, being a period—

(i)not exceeding the maximum period specified in the order under subsection (1); or

(ii)if no period is set out in the order under subsection (1), not exceeding 5 years.

(8) A gaming operator must comply with a direction under subsection (6)(b).

3.2.4AReview of regional and municipal limits

s. 6

(1) The Commission must, at any time determined by the Commission and, in any event, no later than 5 years after the publication of a determination under section 3.2.4(4) and thereafter at intervals not exceeding 5 years—

(a)review the Commission's determination; and

(b)if a regional limit or municipal limit determined by the Commission is no longer appropriate, determine, by instrument published in the Government Gazette, within 30 days after completing the review, a new regional limit or municipal limit (as the case requires)—

(i)in accordance with the criteria specified in the order under section 3.2.4(1); and

(ii)subject to compliance with any direction given by the Minister and in force under section 3.2.3(1).

(2) Section 3.2.4 applies to a determination under subsection (1)(b) as if it were a determination under section 3.2.4(4).

(3)In determining the timing of reviews under this section, the Commission must have regard to any criteria specified in an order under section 3.2.4(1)(f).".

7No compensation payable

s. 7

In section 3.2.5 of the Principal Act—

(a)in paragraph (a), for "3.2.4; or" substitute "3.2.4.";

(b) paragraphs (b) and (c) are repealed.

8Matters to be considered in determining applications

In section 3.4.11(1)(c) of the Principal Act, after "regional limit" insert "or municipal limit".

9Amendment of conditions

(1)Sections 3.4.17(5) and 3.4.17(6) of the Principal Act are repealed.

(2)In section 3.4.17(7)(c) of the Principal Act after "limit" insert "or municipal limit".

10Consideration and making of amendment

In section 3.4.20(1)(b) of the Principal Act, for "regional limit for gaming machines for the region" substitute "regional limit or municipal limit for gaming machines for the region or municipal district".

11Payment of accumulated credits and cashing of cheques

(1)For the heading to section 3.5.33 of the Principal Act substitute—

"Payment of accumulated credits and cashing of cheques".

(2) For section 3.5.33(1) of the Principal Act substitute—

"(1)If a person has $1000 or more worth of accumulated credits on a gaming machine, the venue operator or gaming operator must not pay out, or allow another person to pay out, any of those credits except by cheque that is not payable to cash.

Penalty: 60 penalty units.".

(3) In section 3.5.33(2) of the Principal Act, omit "winnings or".

(4) After section 3.5.33(4) of the Principal Act insert—

"(5)In this section—

accumulated credits means the amount of credits standing on any one gaming machine, whether initially credited to the machine or accumulated through play.".

12Community benefit statements

s. 12

(1)For section 3.6.8(2) of the Principal Act substitute—

"(2)If—

(a)a club licence or racing club licence is in force in respect of an approved venue; and

(b)an audited community benefit statement lodged under section 3.6.9 by the holder of the licence indicates that the holder has made less than the required community benefit contribution—

the Commission must declare that the licence holder is required to pay to the Commission, to be paid into the Consolidated Fund, an amount equal to the difference between the required community benefit contribution and the community benefit contribution stated in the community benefit statement.

(2A)The licence holder must pay the required amount within 60 days after the licence holder is notified of the declaration under subsection (3).

(2B)The Commission may extend the time for the licence holder to pay the required amount if the Commission is satisfied that payment of the amount by the day required by subsection (2A) would expose the licence holder to significant financial hardship.

(2C)An amount equal to the amount paid into the Consolidated Fund under subsection (2) is to be paid out of the Consolidated Fund into the Community Support Fund and the Consolidated Fund is appropriated to the necessary extent for that payment to be made.".

s. 12

(2)For section 3.6.8(3) of the Principal Act substitute—

"(3)The Commission must notify the licence holder of a declaration under subsection (2).".

(3) After section 3.6.8(4) of the Principal Act insert—

"(4A) If—

(a)a club licence or racing club licence is in force in respect of an approved venue; and

(b)the holder of the licence has not lodged an audited community benefit statement under section 3.6.9 within the time required for lodgement—

the Commission must declare that the amounts payable by the gaming operator under section 3.6.6 in respect of the venue are to be paid as if the licence were a pub licence, in respect of the period commencing from the time the community benefit statement was required to be lodged until the time that the statement is lodged.

(4B)The Commission must notify the gaming operator of—

(a)the making of a declaration under subsection (4A);

s. 12

(b)the lodgement of an audited community benefit statement by the licence holder.

(4C)Notification under subsection (4B)(a) must set out the day on which payments in accordance with the declaration must commence, which must not be less than 30 days after the day on which the notification is given to the gaming operator.".

(4) In section 3.6.8(5) of the Principal Act, for "(2)" substitute "(4A)".

(5) After section 3.6.9(1) of the Principal Act insert—

"(1A)Subsection (1) does not apply to an approved venue in respect of which a pub licence is in force.".

(6)In the Principal Act—

(a)in section 3.6.9(2)(b)(iii), for "section 3.6.8(2)" substitute "section 3.6.8(4A)";

(b)in section 3.6.10(1)(b), for "operator—" substitute "operator; or";

(c)after section 3.6.10(1)(b) insert—

"(c)to the Commission by a licence holder under section 3.6.8(2)—".

13Payment to Community Support Fund

s. 13

In section 3.6.12(1A) of the Principal Act, for "4 financial years" substitute "8 financial years".

14New Part 17 inserted in Schedule 7

At the end of Schedule 7 to the Principal Act insert—

"Part 17—Gambling Regulation Amendment Act 2007

17.1Definition

In this Part, commencement day means the day on which section 6 of the Gambling Regulation Amendment Act 2007 comes into operation.

17.2Ministerial orders and Commission directions and determinations

(1)An order of the Minister that was in force under section 3.2.4(1) immediately before the commencement day is taken, on and after that day, to be an order of the Minister under section 3.2.4(1) as in force on and after that day.

(2)A determination of the Commission that was in force under section 3.2.4(2) immediately before the commencement day is taken, on and after that day, to be a determination of the Commission under section 3.2.4(4) as in force on and after that day.

(3)A direction of the Commission that was in force under section 3.2.4(3)(b) immediately before the commencement day is taken, on and after that day, to be a direction of the Commission under section 3.2.4(6)(b) as in force on and after that day.

17.3Community benefit statements

(1)Sections 3.6.8, 3.6.9(2)(b)(iii) and 3.6.10, as amended by section 12 of the Gambling Regulation Amendment Act 2007, apply in respect of a community benefit statement for the 2007–08 financial year and any subsequent financial year.

(2) Sections 3.6.8, 3.6.9(2)(b)(iii) and 3.6.10, as in force immediately before the commencement of section 12 of the Gambling Regulation Amendment Act 2007, continue to apply in respect of a community benefit statement for the
2006–07 financial year.

(3) Section 3.6.9(1A) applies in respect of a community benefit statement for the
2006–07 financial year and any subsequent financial year.".

15Repeal of Act

s. 15

This Act is repealed on 1 December 2008.

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Gambling Regulation Amendment Act 2007
No. 39 of 2007

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 7 June 2007

Legislative Council: 8 August 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 to regulate the number of gaming machines in a region or municipal district, to regulate the payment of accumulated credits, to alter the arrangements for community benefit statements, to amend a provision regarding the Community Support Fund and for other purposes."