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
═══════════════
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.