Gambling Regulation Amendment (Review Panel) Act 2007

Gambling Regulation Amendment (Review Panel) Act 2007

No. 11 of 2007

table of provisions

Section Page

Clause Page

1 Purpose 1

2 Commencement 1

3 New Part 2A inserted in Chapter 10 2

Part 2A—Review Panel 2

Division 1—Introduction 2

10.2A.1 Definitions 2

Division 2—Establishment and functions 4

10.2A.2 Establishment of Review Panel 4

10.2A.3 Functions and powers of Review Panel 4

Division 3—Membership of Review Panel 7

10.2A.4 Membership of Review Panel 7

10.2A.5 Chairperson 8

10.2A.6 Other members 8

10.2A.7 Vacancies and resignation 9

10.2A.8 Acting chairperson 10

Division 4—Procedure of Review Panel 11

10.2A.9 Meetings 11

10.2A.10 Reports 11

10.2A.11 Publication of Review Panel reports 12

10.2A.12 Direction in response to Review Panel's reports 13

4 Consequential amendments 13

5 Repeal of Act 13

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Endnotes 14

Clause Page

Victoria

Clause Page

Gambling Regulation Amendment (Review Panel) Act 2007[(]

No. 11 of 2007

[Assented to 8 May 2007]

Gambling Regulation Amendment (Review Panel) Act 2007
No. 11 of 2007

The Parliament of Victoria enacts:

Gambling Regulation Amendment (Review Panel) Act 2007
No. 11 of 2007

1 Purpose

The purpose of this Act is to amend the Gambling Regulation Act 2003 to establish a Review Panel to report to the Minister on certain processes.

2 Commencement

(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 December 2007, it comes into operation on that day.

3 New Part 2A inserted in Chapter 10

s. 3

See:
Act No.
114/2003.
Reprint No. 1
as at
21 July 2005
and amending
Act Nos
45/2005, 92/2005, 98/2005, 7/2006, 23/2006, 24/2006, 32/2006, 54/2006, 79/2006 and 80/2006.
LawToday:
www.
legislation.
vic.gov.au

After Part 2 of Chapter 10 of the Gambling Regulation Act 2003 insert—

"Part 2A—Review Panel

Division 1—Introduction

10.2A.1 Definitions

In this Part—

authorisation and licensing process means the process for the authorisation or licensing of—

(a) public lotteries after the expiry of the current public lottery licence; and

(b) other gambling activities after the expiration of the current gambling licences;

current gambling licences mean the current gaming operator's licence and the current wagering and gaming licences;

current gaming operator's licence means the gaming operator's licence that was granted on 14 April 1992;

current public lottery licence means the public lottery licence that was issued on 1 July 2001;

current wagering and gaming licences means the wagering licence and the gaming licence that were granted on 15August 1994;

key operative means—

(a) a key operative within the meaning of section 1.3(1); or

(b) a licensed racing club; or

(d) Racing Products; or

(e) VicRacing; or

(f) Racing Victoria; or

(g) a person registered or licensed in accordance with the rules of Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria;

other gambling activities means gaming machines, wagering, approved betting competitions and club keno;

protected information has the meaning given in section 10.1.29;

s. 3

Racing Victoria has the same meaning as in the Racing Act 1958;

regulatory review means the review by one or more relevant entities of the regulatory structure and associated arrangements for the operation of gaming machines, wagering, approved betting competitions and club keno and the funding of the racing industry that are to apply after the expiry of the current gambling licences;

relevant activity, in relation to the regulatory review, means an activity that—

(a) is relevant to the regulatory review; and

(b) is authorised or licensed under this Act;

relevant entity means—

(a) the Commission; or

(b) a public official (within the meaning of the Public Administration Act 2004) employed in—

(i) the Department administered by the Minister; or

(ii) the Department administered by the Premier; or

s. 3

(iii) the Department administered by the Treasurer; or

Secretary means Secretary to the Department administered by the Minister.

Division 2—Establishment and functions

10.2A.2 Establishment of Review Panel

A Review Panel is established.

10.2A.3 Functions and powers of Review Panel

(1) The functions of the Review Panel are—

(a) to consider, and report to the Minister, whether, in the preparation of recommendations or reports to the Minister by a relevant entity with respect to the regulatory review—

(i) all parties interested in a relevant activity have been treated impartially and have been given the same opportunity to access information and advice in relation to the review process; and

(ii) information received from parties referred to in subparagraph (i) has been managed to ensure the security and confidentiality of intellectual property and proprietary information; and

(iii) every relevant entity involved in the regulatory review has been required to declare any actual or perceived conflict of interest before participating in the regulatory review; and

(iv) any conflict of interest referred to in subparagraph (iii) has been appropriately addressed; and

(v) there has been any improper interference with the making of a recommendation or report; and

s. 3

(vi) the preparation of a recommendation or report discloses bias or anything that could lead to a reasonable apprehension of bias;

(b) to consider, and report to the Minister, whether, in the preparation of recommendations or reports to the Minister by a relevant entity with respect to the authorisation and licensing process—

(i) all registrants (if applicable) and applicants for an authorisation or a licence have been treated equally and impartially and have been given the same opportunity to access information and advice about the authorisation and licensing process; and

(ii) all protected information has been managed to ensure its security and confidentiality; and

(iii) all registrants and applicants referred to in subparagraph (i) have been evaluated in a systematic manner against explicit predetermined evaluation criteria; and

(iv) every relevant entity involved in the authorisation and licensing process has been required to declare any actual or perceived conflict of interest before participating in the process; and

s. 3

(v) any conflict of interest referred to in subparagraph (iv) has been appropriately addressed; and

(vi) there has been any improper interference with the making of a recommendation or report; and

(vii) the preparation of a recommendation or report discloses bias or anything that could lead to a reasonable apprehension of bias;

(d) to report to the Minister on request under section10.2A.12(2).

(2) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may refer any matter to the Review Panel for consideration and report to the Minister.

(3) The Review Panel has all the powers necessary to perform its functions.

(4) Subject to subsection (5), nothing in this Part requires or authorises the Review Panel to consider or report to the Minister with respect to the regulatory review or the authorisation and licensing process to the extent that the review or process led to any decision publicly announced by the Minister before the commencement of this Part.

(5) Subsection (4) does not prevent the Review Panel performing its functions under section 10.2A.3(1)(b) to the extent that those functions include considering and reporting on the process that led to the decision to extend the current public lottery licence until 30June 2008 (the extension process), if the Review Panel considers that considering and reporting on the extension process is relevant to considering and reporting on the authorisation and licensing process.

Division 3—Membership of Review Panel

10.2A.4 Membership of Review Panel

s. 3

The Review Panel consists of—

(a) a chairperson; and

(b) 3 other members—

appointed by the Governor in Council on the recommendation of the Minister.

10.2A.5 Chairperson

(1) The Governor in Council, on the recommendation of the Minister, may appoint a person as chairperson of the Review Panel.

(2) A person is not eligible for appointment as chairperson unless he or she has been a judge of—

(a) the High Court; or

(b) the Federal Court; or

(d) the County Court or a court of another State or Territory of equivalent status to the County Court.

(3) The appointment as chairperson of a person who has been a judge of the Supreme Court or the County Court does not affect any pension or other rights or privileges the person has as a former judge.

(4) The appointment is on the terms and conditions, including remuneration, determined by the Governor in Council.

10.2A.6 Other members

s. 3

(1) The Governor in Council, on the recommendation of the Minister, may appoint a qualified person as a member of the Review Panel.

Note

3 members are to be appointed under this section—see section 10.2A.4(b).

(2) A person is qualified to be appointed as a member under this section if the Minister is satisfied that the person has appropriate knowledge, experience and expertise to perform a member's functions.

(3) The appointment is on the terms and conditions, including remuneration, determined by the Governor in Council.

10.2A.7 Vacancies and resignation

(1) A member's office becomes vacant if he or she—

(a) resigns by notice in writing delivered to the Minister; or

(b) is removed from office under subsection (2).

(2) The Governor in Council, on the recommendation of the Minister, may remove a member from office if the member—

s. 3

(a) has refused, neglected or failed to carry out the duties of office; or

(b) has demonstrated inefficiency or misbehaviour in carrying out those duties; or

(d) knowingly has, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a key operative.

(3) Subsection (2)(d) does not apply if the member complies with subsection (4)(a) and with any direction of the Secretary under subsection (4)(b) in relation to the association or interest.

(4) A member who knowingly has, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a key operative must forthwith—

(a) notify the Secretary of the association or interest; and

(b) if directed to do so by the Secretary, within a time specified by the Secretary terminate the association or relinquish the interest.

10.2A.8 Acting chairperson

s. 3

(1) The Minister may appoint another member of the Review Panel to act as chairperson—

(a) during a vacancy in the office of chairperson; or

(b) if the chairperson is absent or, for any other reason, is unable to perform the duties of office.

(2) The acting chairperson is not required to be eligible for appointment as chairperson as set out in section10.2A.5(2).

(3) The Minister may terminate the appointment of an acting chairperson at any time.

(4) While acting as chairperson, the acting chairperson—

(a) has and may perform all the functions of the chairperson; and

(b) is entitled to be paid the remuneration to which the chairperson would have been entitled.

Division 4—Procedure of Review Panel

10.2A.9 Meetings

(1) The quorum for a meeting of the Review Panel is a majority of members for the time being, at least one of whom must be the chairperson or acting chairperson.

(2) The chairperson, or in his or her absence the acting chairperson, is to preside at a meeting of the Review Panel.

(3) Subject to this section, the Review Panel may regulate its own procedure.

(4) The Review Panel may meet with one or more relevant entities at any time during the regulatory review or the authorisation and licensing process.

10.2A.10 Reports

s. 3

(1) The Review Panel—

(a) may at any time give a written report to the Minister on the performance of its functions; and

(b) must give a written report to the Minister on the performance of its functions, within the time specified by the Minister, if directed to do so by the Minister.

(2) The Minister must consult the Review Panel before specifying the time for a report under subsection(1)(b).

(3) A report on a matter referred to the Review Panel under section 10.2A.3(2) must include a copy of the Order referring the matter.

10.2A.11 Publication of Review Panel reports

(1) Subject to subsection (3), the Minister must—

(a) give a copy of each report of the Review Panel to the Secretary as soon as practicable after receiving it; and

(b) cause a copy of each report to be presented to each House of Parliament—

(i) in the case of a report with respect to the regulatory review, within 7sitting days of the House after the Minister publicly announces the government's decision on the regulatory review;

s. 3

(ii) in the case of a report with respect to the authorisation and licensing process, within 7 sitting days of the House after the Minister publicly announces the grant or issue of an authorisation or licence that is the subject of a report;

(iii) in any other case, at the time determined by the Minister.

(2) The Secretary must cause a copy of each report received under subsection(1)(a) to be published on an appropriate Internet site as soon as practicable after a copy of the report has been presented to each House of Parliament under subsection(1)(b).

(3) Before complying with subsection (1), the Minister may exclude information from the report if the Minister has received advice from the Victorian Government Solicitor that the information is—

(a) protected information; or

(b) information that is or could be the subject of legal professional privilege.

10.2A.12 Direction in response to Review Panel's reports

(1) The Minister may give a written direction to a relevant entity to take all reasonable steps to address any finding or implement any recommendation contained in a report of the Review Panel.