Gambling Regulation (Further Amendment) Act 2004

Gambling Regulation (Further Amendment) Act 2004

Act No. 104/2004

table of provisions

SectionPage

Part 1—Preliminary

1.Purposes

2.Commencement

3.Principal Act

Part 2—Amendment of the Gambling Regulation Act 2003

4.Definitions

5.Betting offences

6.Casino

7.Compulsory training for certain special employees

8.Community benefit statements

9.Regulation of shareholding interests

10.Power to require information

11.Voting rights in respect of shares

12.Annulment of resolutions

13.Unclaimed prizes

14.Trade promotion lotteries

15.Duty payable on club keno games

16.Conduct of club keno

17.Sale of tickets

18.Accredited representatives

19.New sections 6.2.6A and 6.2.6B inserted

6.2.6A.Approval of club keno system

6.2.6BSecurity of certain equipment

20.New sections 6.2.11 to 6.2.14 inserted

6.2.11Club keno rules

6.2.12Commencement of rules

6.2.13Publication and inspection of club keno rules

6.2.14Disallowance of club keno rules

21.Interactive gaming—disciplinary action

22.Purpose of Chapter 8

23.Definition of nominee

24.Minor gaming

25.New section 8.2.5 inserted

8.2.5Disclosure if raffle proceeds to be paid to or for a political party

26.Minor gaming permit

27.Fee payable to bingo centre operator

28.Section 8.5.38 substituted

8.5.38Returns to the Commission

29.New Part 5A inserted in Chapter 8

PART 5A—COMMERCIAL RAFFLE ORGANISERS

8.5A.1Definition

8.5A.2Requirement to be licensed

8.5A.3Commission may require person to show cause

8.5A.4Appeal

8.5A.5Application for licence

8.5A.6Objections

8.5A.7Matters to be considered in determining applications

8.5A.8Determination of application

8.5A.9Duration of licence

8.5A.10Nominee of licensee

8.5A.11Licence non-transferable

8.5A.12Licence renewal

8.5A.13Amendment of conditions

8.5A.14Disciplinary action

8.5A.15Letter of censure

8.5A.16Effect and maximum period of suspension of commercial raffle organiser's licence

8.5A.17Suspension of commercial raffle organiser's licence pending criminal proceedings

8.5A.18Licence document to be surrendered

8.5A.19Provisional commercial raffle organiser's licence

8.5A.20Notification of persons becoming associates

8.5A.21Investigation of associates

8.5A.22Termination of association

8.5A.23Community or charitable organisation may contract with licensee to conduct raffle

8.5A.24Expenses licensee can charge for raffle

8.5A.25Promotion of raffle

8.5A.26Accounts and financial statements

8.5A.27Returns to the Commission

30.Records

31.Change in situation of licensee or associate

32.New Chapter 9A inserted

CHAPTER 9A—LICENSING OF GAMING INDUSTRY EMPLOYEES

9A.1.1Definitions

9A.1.2Authority conferred by a gaming industry employee's licence

9A.1.3Gaming industry employees to be licensed

9A.1.4Application for gaming industry employee's licence

9A.1.5Determination of application

9A.1.6Conditions of gaming industry employee's licence

9A.1.7Appeal

9A.1.8Identification of gaming industry employee

9A.1.9Provisional licence

9A.1.10Duration of gaming industry employee's licence

9A.1.11Renewal of gaming industry employee's licence

9A.1.12Disciplinary action

9A.1.13 Suspension of gaming industry employee's licence in connection with criminal proceedings

9A.1.14Effect etc. of suspension

9A.1.15Return of licence on suspension or cancellation

9A.1.16Termination of employment on suspension or cancellation of licence

9A.1.17Licensee to provide information relating to licence

9A.1.18Compulsory training for certain gaming industry employees

9A.1.19Venue operator may perform duties of gaming industry employee

9A.1.20Volunteers at bingo centres

9A.1.21Casino employees

33.Commission proceedings

34.Delegation

35.Gambling Research Panel abolished

Part 2—RESPONSIBLE GAMBLING MINISTERIAL ADVISORY COUNCIL

10.2.1Minister may establish Responsible Gambling Ministerial Advisory Council

10.2.2Function of Council

36.Investigation of applications

37.Regulations

38.Consequential amendment—commercial raffle organiser's licence

39.Consequential amendments—gaming industry employee's
licence

40.Consequential amendments—abolition of Gambling Research Panel

41.Consequential amendment

42.Transitional

Part 3—Amendment of the Casino Control Act 1991

43.Application for licence under Part 4

44.Holders of gaming industry employee's licence

45.Renewal of licence

46.Training courses for casino employees

47.Training in relation to gaming machines

Part 4—Amendment of Other Acts

48.Statute law revision

49.Consequential amendment

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Endnotes

SectionPage

Victoria

No. 104 of 2004

SectionPage

Gambling Regulation (Further Amendment) Act 2004[†]

[Assented to 21 December 2004]

Act No. 104/2004

Gambling Regulation (Further Amendment) Act 2004

Act No. 104/2004

Gambling Regulation (Further Amendment) Act 2004

The Parliament of Victoriaenacts as follows:

Part 4—Amendment of Other Acts

Gambling Regulation (Further Amendment) Act 2004

Act No. 104/2004

Part 1—Preliminary

1.Purposes

The purposes of this Act are—

(a)to provide further for the oversight of raffles and raffle organisers;

(b)to provide for a gaming industry employee's licence to replace special employee's licences, technician's licences and bingo centre employee's licences;

(c)to provide further for club keno;

(d)to abolish the Gambling Research Panel and provide for a Responsible Gambling Ministerial Advisory Council;

(e)to make other miscellaneous amendments to the Gambling Regulation Act 2003 and the Casino Control Act 1991.

2.Commencement

s. 2

(1)This Part and sections 4(1), 4(2), 5, 6, 7, 8, 13, 14, 15, 24, 26, 27, 28, 33, 34, 35, 36(2), 36(5), 36(8), 36(11), 37(5), 40, 42, 46 and 48 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 21 is deemed to have come into operation on 1 July 2004.

(3)Section 45 is deemed to have come into operation on 1 March 2001.

(4)Sections 9, 10, 11, 12, 39(6), 41 and 49 come into operation on a day or days to be proclaimed.

(5)Subject to sub-section (6), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(6)If a provision referred to in sub-section (5) does not come into operation before 1 July 2006, it comes into operation on that day.

3.Principal Act

s. 3

See:
Act No.
114/2003
and amending
Act Nos
10/2004, 16/2004, 33/2004, 45/2004, 54/2004 and 70/2004.
LawToday:

dpc.vic.
gov.au

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

______

Part 2—Amendment of the Gambling Regulation Act 2003

4.Definitions

s. 4

(1)In section 1.3(1) of the Principal Act, for the definition of "gaming machine area" substitute—

' "gaming machine area" means—

(a)in relation to an approved venue, an area in the approved venue that is approved by the Commission under Part 3 of Chapter 3 as an area in which a gaming machine is permitted to be installed; or

(b)in relation to a casino, an area in the casino that is determined by the Commission under section 3.1.5(3A) to be a gaming machine area only for the purposes referred to in that sub-section;'.

(2)In section 1.3(1) of the Principal Act, for the definition of "casino special employee's licence" substitute—

' "casino special employee's licence" means a licence issued under Part 4 of the Casino Control Act 1991;'.

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

' "club keno system" means an electronic system for conducting and monitoring club keno games, including terminals and peripheral equipment for selling tickets and for validating winning tickets, visual display units, the central processing unit, the game result determination device, front-end devices and other equipment for communication within the system and software in so far as it relates to the conduct and monitoring of club keno games;'.

(4)In section 1.3(1) of the Principal Act—

(a)the definitions of "bingo centre employee", "bingo centre employee's licence", "licensed technician", "special employee's licence" and "technician's licence" are repealed;

(b)insert the following definition—

' "gaming industry employee's licence" means a licence issued under Chapter 9A;'.

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

' "commercial raffle organiser" means a person, other than an employee of the holder of a minor gaming permit, who is retained on a commercial basis to conduct a raffle, in whole or in part;

"commercial raffle organiser's licence" means a licence granted under Part 5A of Chapter 8;'.

5.Betting offences

s. 5

(1)In section 2.5.2(2) of the Principal Act, for "that is declared by the regulations to be a law that corresponds to this section" substitute "that would, if committed in Victoria, be an offence against sub-section (1)".

(2)In section 2.5.8(5) of the Principal Act, for "that is declared by the regulations to be a law that corresponds to this section" substitute "that would, if committed in Victoria, be an offence against sub-section (4)".

(3)In section 2.5.45(3) of the Principal Act, in the definition of "relevant offence", for "that is declared by the regulations to be a law that corresponds to this section" substitute "that would, if committed in Victoria, be an offence against this section".

(4)In section 2.6.1(2) of the Principal Act, in the definition of "relevant offence", for "that is declared by the regulations to be a law that corresponds to this section" substitute "that would, if committed in Victoria, be an offence against this section".

6.Casino

s. 6

(1)In section 3.1.5(2)(c) of the Principal Act, for "licensed technicians" substitute "persons holding a licence issued under Part 4 of the Casino Control Act 1991".

(2)After section 3.1.5(3) of the Principal Act insert—

"(3A)The Commission, having regard to any plans, diagrams and specifications approved under section 59 of the Casino Control Act 1991, may, by instrument, determine that an area in a casino is a gaming machine area for the purposes of matters relevant to the provision to players of gaming machines of information relevant to gaming on gaming machines.".

7.Compulsory training for certain special employees

(1)In the heading to section 3.4.54 of the Principal Act, for "special" substitute "certain".

(2)In section 3.4.54(1) of the Principal Act, after "licensee" insert "who is employed by a venue operator and is working in the gaming machine area of an approved venue".

(3)For section 3.4.54(2) of the Principal Act substitute—

"(2)A venue operator must ensure that a person who is employed by the venue operator to work in the gaming machine area of an approved venue does not perform any of the duties of a special employee unless the person has complied with sub-section (1).

Penalty: 20 penalty units.".

(4)In section 3.4.54(4) of the Principal Act—

(a)in the definition of "approved training course", for "(3)." substitute "(3);";

(b)after the definition of "approved training course" insert—

' "licensee" includes a venue operator or the nominee of a venue operator who performs the duties of a special employee under the venue operator's licence.'.

8.Community benefit statements

s. 8

In section 3.6.9 of the Principal Act—

(a)in sub-section (1), for "a community benefit statement with the Commission" substitute "with the Commission a community benefit statement in respect of each approved venue of the venue operator";

(b)in sub-section (2)(a), for "Minister" substitute "Commission";

(c)in sub-section (7), after "supplies for community purposes are" insert "not".

9.Regulation of shareholding interests

s. 9

In section 4.3.18 of the Principal Act—

(a)in sub-section (1), the definition of "associate" is repealed;

(b)for sub-section (2)(a) substitute—

"(a)if the person would be an associate of the other as provided in Division 2 of Part 1.2 of the Corporations Act if sections 12(1)(a), 12(3), 13, 16(2) and 17 of that Act were repealed; or";

(c)in sub-section (3), after "(2)" insert "(b)".

10.Power to require information

After section 4.3.21(4) of the Principal Act insert—

"(5)Sub-section (3)(e) is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act.

Note:Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.".

11.Voting rights in respect of shares

s. 11

After section 4.3.23(4) of the Principal Act insert—

"(5)The provisions of sub-sections (1), (2), (3) and (4) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act.

12.Annulment of resolutions

After section 4.3.24(3) of the Principal Act insert—

"(4)The provisions of sub-sections (1), (2) and (3) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act.

Note:Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporation legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.".

13.Unclaimed prizes

s. 13

After section 5.5.9(1) of the Principal Act insert—

"(1A)For the purposes of sub-section (1), a prize that has been won in a public lottery, where the record of entry relates to more than one public lottery conducted during a period, is deemed to have been won on the date when winners of prizes in the last lottery recorded on the record of entry are determined.".

14.Trade promotion lotteries

In section 5.7.16(1) of the Principal Act—

(a)omit "for which a permit has been issued";

(b)after "permit" insert ", if any,".

15.Duty payable on club keno games

In section 6.1.2 of the Principal Act insert the following definition—

' "amount received by the participants", in relation to a club keno game, includes entries in the club keno game for which payment was not received by the participants;'.

16.Conduct of club keno

In section 6.2.4 of the Principal Act, omit "in an approved venue".

17.Sale of tickets

In section 6.2.5(1) of the Principal Act, after "approved venue" insert "or a casino".

18.Accredited representatives

s. 18

At the end of section 6.2.6 of the Principal Act insert—

"(2)The participants may accredit in writing representatives of the participants to sell tickets in club keno games.

(3)An accredited representative must hold a venue operator's licence or a casino licence.

(4)The participants must give to the Commission the names and addresses of representatives accredited by them.".

19.New sections 6.2.6A and 6.2.6B inserted

After section 6.2.6 of the Principal Act insert—

"6.2.6A.Approval of club keno system

(1)The participants must not use a club keno system unless it has been approved by the Commission.

(2)The participants must not use a club keno system which has been varied from the system approved by the Commission unless the variation has been approved by the Commission.

(3)The Commission may approve—

(a)a club keno system; or

(b)a variation to a club keno system—

for use by the participants.

(4)The Commission may make an approval to use, or a variation of an approval to use, a club keno system subject to any conditions that it thinks fit.

(5)A function of the Commission under this section may be performed by any commissioner.

6.2.6BSecurity of certain equipment

(1)The participants operating a club keno system must ensure that only persons authorised by them have physical access to the central processing unit and game result determination device of the club keno system.

(2)Equipment at an approved venue which is used for the conduct or monitoring of club keno games must not be accessible to the public unless it is intended for public use.".

20.New sections 6.2.11 to 6.2.14 inserted

s. 20

After section 6.2.10 of the Principal Act insert—

"6.2.11Club keno rules

(1)The participants must make rules, not inconsistent with this Act and the regulations, for or with respect to the conduct of club keno games.

(2)The participants must not conduct a club keno game unless—

(a)rules for the conduct of club keno games are in force; and

(b)the club keno game is conducted in accordance with those rules.

Penalty: 100 penalty units.

(3)Without limiting sub-section (1), the rules must provide for the following—

(a)the manner of entering a club keno game;

(b)the recording of entries in a club keno game;

(c)the determination of the entitlement, if any, of a player to a prize or a bonus prize in a club keno game;

(d)the payment of prizes in, or the refund of money paid to enter, a club keno game;

(e)the publication of results in a club keno game.

Note:The regulations set out further requirements for the conduct of club keno games.

(4) As soon as practicable after making rules for the conduct of club keno games, the participants must give a copy of the rules to the Commission.

(5)Rules for the conduct of club keno games, as in force when an entry to a club keno game is accepted, form part of the contract between the participants and the player.

6.2.12Commencement of rules

s. 20

(1)Rules made under section 6.2.11 come into force on the day specified in the rules, being a day—

(a)at least 4 weeks after the day on which the rules are made; or

(b)an earlier day approved by the Commission, not being a day before the rules are made.

(2)An approval under sub-section (1)(b) must be in writing.

(3)Despite sub-section (1), rules made under section 6.2.11 cannot come into force before notice of making them is published in accordance with section 6.2.13.

6.2.13Publication and inspection of club keno rules

s. 20

(1)The participants must publish notice of the making of rules for the conduct of club keno games in the Government Gazette and in a newspaper circulating generally in Victoria.

(2)The participants, or an accredited representative of the participants, who accept entries in a club keno game must—

(a)make available a complete copy of the rules for the conduct of club keno games for inspection by any person free of charge on request; and

(b)at each place or point at which those entries are accepted, display a notice stating that the rules are available for inspection.

(3)A notice under sub-section (2)(b) must be in the form approved by the Commission.

6.2.14Disallowance of club keno rules

(1)The Commission may disallow rules made under section 6.2.11, in whole or in part, at any time by giving written notice to the participants if—

(a)the Commission is satisfied that the rules are—

(i)unfair to players; or

(ii)unreasonable; or

(iii)contrary to the public interest; or

(b)the Minister has requested the Commission to disallow the rules under sub-section (3).

(2)The Commission may refer rules made under section 6.2.11 to the Minister if the Commission considers that the Minister ought to consider whether the rules should be disallowed.

(3)The Minister may request the Commission to disallow rules made under section 6.2.11 (whether or not they were referred to the Minister under sub-section (2)) if the Minister considers that the rules—

s. 20

(a)are not in the public interest; or

(b)would result in the club keno game being of a different character from the club keno games authorised to be conducted by section 6.2.2.

(4)The disallowance of rules made under section 6.2.11 takes effect on the day specified in the notice of disallowance, being a day that is at least 3 days after the notice is given to the participants.

(5)If, before rules are made under section 6.2.11, the Commission consents in writing to the making of the rules in the form in which they are made, the Commission must not disallow the rules or any part of them within the period of 6 months after they are made, unless the Minister requests disallowance under sub-section (3).

(6)A function of the Commission under this section may be performed by the Executive Commissioner.".

21.Interactive gaming—disciplinary action

s. 21

In section 7.3.9 of the Principal Act, in paragraph (d) of the definition of "disciplinary action", for "50 times" substitute "500 times".