Version No. 094
Gaming Machine Control Act 1991
Act No. 53/1991
Version incorporating amendments as at 1 July 2003
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
3.Definitions
3A.Minister may declare company to be operator
3B.Approval of a wholly-owned subsidiary of company
3C.Investigation
3D.Authority may require further information etc.
3E.Updating of application
4.Meaning of "associate"
5.Act to bind Crown
Part 2—General
6.Machines may be declared to be gaming machines
7.Manufacture, sale, supply, obtaining or possession of gaming machines
8.Possession of gaming machines may be authorised
9.Gaming only permitted in gaming machine areas
10.Seizure and forfeiture of equipment
11.Gaming in approved venue declared lawful
12.Ministerial directions as to requirements for gaming machines
12AA.Regional limits on gaming machines
12AB.No compensation payable
Part 2A—Approval of Premises for Gaming
12A.Premises which may be approved
12B.Application for approval of premises
12C.Responsible authority may submit report
12CA.Impact of gaming on municipal district
12D.Matters to be considered in determining applications
12E.Investigation of application
12F.Authority may require further information
12G.Updating of application
12H.Determination of application
12I.Duration of approval
12J.Renewal of approval
12K.Revocation of approval
12L.Automatic revocation of approval
Part 3—Licensing of Operators, Employees and Technicians and Listing of Manufacturers
Division 1—General
13.Authority conferred by venue operator's licence
14.Authority conferred by gaming operator's licence
15.Authority conferred by a special employee's licence
16.Authority conferred by a technician's licence
17.Authority conferred by listing on the Roll
18.Offence to breach licence conditions
18A.Offence to breach condition of listing on Roll
Division 2—Venue Operator's Licence
19.Application for venue operator's licence
19A.Gaming operator not to be venue operator
20.Grounds for objection
21.Matters to be considered in determining applications
22.Investigation of application
23.Authority may require further information etc.
24.Updating of application
25.Determination of applications
25AA.Register of venue operators and approved venues
25A.Nominee of licensee
26.Transfer of venue operator's licence
26A.Renewal of venue operator's licence
27.Amendment of conditions
28.Notification of certain applications concerning liquor licence
28A.Notification of certain changes
28B.Endorsement of licence and Register
29.Modification of gaming machine areas
30.Cancellation, suspension or variation of venue operator's licence
31.Provisional licence
32.Application to casino operator
Division 3—Gaming Operator's Licence
33.Gaming operator's licence
33A.Premium payment
34.Matters to be considered in determining grant of licence
35.Duration of licence
35A.Entitlement of former licensee on grant of new licence
36.Amendment of conditions
37.Transfer of gaming operator's licence
38.Disciplinary action
38A.Cancellation of licence
Division 4—Special Employee's Licence
39.Definitions
40.Special employees to be licensed
41.Application for licence
42.Updating of application for licence
43.Director may require further information
44.Applications to be investigated
45.Determination of applications
46.Conditions of licence
47.Identification
48.Provisional licences
49.Duration of licence
50.Renewal of licence
51.Cancellation etc. of licence
52.Suspension of licence
53.Effect etc. of suspension
53A.Return of licence on suspension or cancellation
54.Termination of employment on suspension or cancellation of licence
55.Licensee to provide information relating to licence
56.Person licensed under Casino Control Act
Division 5—Technician's Licence
57.Definitions
58.Only licensed technicians to repair etc. gaming equipment
59.Application of Division 4
60.Offences
61.Repealed93
Division 6—Roll of Suppliers
62.Roll of Suppliers
63.Application to be listed on Roll
64.Objections
65.Determination of applications
65A.Imposition and amendment of conditions
66.Disciplinary action
66A.Voluntary removal from Roll
67.Payments etc. to venue operator unlawful
Part 4—Control of Gaming
68.Contracts to be approved by Authority
68A.Director's standards for gaming machine types and games
69.Approval of gaming machine types and games
70.Withdrawal of approval
71.Linked jackpots unlawful without approval
72.Identification of machines
73.Gaming prohibited on unprotected devices
74.Unlawful interference with gaming equipment
75.Protection of sensitive areas of gaming equipment
75A.Testing of electronic monitoring system
75B.Approval of electronic monitoring systems
76.Access to gaming machines
77.Installation and storage of gaming machines
77A.After hours gaming
77B.Banning large denomination note acceptors and autoplay facilities
77C.Spin rates
78.The Authority's Rules
79.Rules to be displayed and enforced
80.Authority may give directions
81.Credit etc.
81A.Limiting withdrawals and advances from cash facilities
81B.Payment of winnings and cashing of cheques
82.Gaming tokens
82A.Loyalty schemes
82B.Player activity statements
82C.Suspension of person who fails to collect their player activity statement
82D.Opting out of loyalty schemes
82E.No advertising to people suspended or removed from loyalty schemes
82F.Loyalty scheme participant information
83.Malfunction of gaming machines
84.Defective gaming machines not allowed
85.Removal of certain persons
86.Detention of suspected person
87.Injunctions to prevent contraventions etc.
Part 5—Minors
88.Definitions
89.Part only applies during hours of operation of approved venue
90.Minors not to enter gaming machine areas
91.Minors not to play gaming machines in approved venues
92.Minors in approved venue—offences by venue operator
93.Entry of minors to be prevented
94.Proof of age may be required
95.Minor using false evidence of age
96.Notices to be displayed
97.Apprentices permitted entry to gaming machine area
Part 6—Powers and Functions of the Authority
98–107.Repealed
107A.Delegation
108.Repealed
109.Objects of the Authority
110.Functions of the Authority
111.Authority may hold inquiries
112.Representation
113.Public hearings
114.Authority to give written statement after public hearing or on request
115.Request for statement of reasons for decision
116.Repealed140
Part 7—Powers and Functions of the Director
117.Repealed141
118.Delegation
119.Functions of Director
Part 8—Inspectors
120–122. Repealed143
123.Rights of inspector in certain premises
124.Functions of inspectors
125.Inspector to investigate complaints
126.Powers of inspectors
127.Search warrants
128.Offences relating to obstruction etc. of inspectors
129.Repealed150
Part 9—Accounts and Levies
130.Part not to apply in relation to casinos
131.Banking
132.Accounts
133.Books etc. to be kept on the premises
134.Audit of gaming operator
135.Returns to players
135A.Health benefit levy
135B.Hypothecation of health benefit levy
135C. Repealed158
135D.Trustees to pay supervision charge
136.Other returns by gaming operators
136A.Declaration of different rate of return
136AB.Community benefit statements
136B.Interest on late payment
137.Hospitals and charities levy
138.Community Support Fund
Part 9A—Gambling Research Panel
138A.Establishment
138B.The Crown
138C.Functions and powers
138D.Members of the Panel
138E.Remuneration
138F.Term of office
138G.Acting appointments
138H.Vacancies, resignations
138I.Disclosure of interests
138J.Chairperson to preside
138K.Proceedings of the Panel
138L.Validity of decisions
138M.Research plan
138N.Financial Management Act
Part 10—General
139.Secrecy
140.Memorandum of understanding
141.Personal liability of members etc.
142.Change in situation of licensees, associates etc.
142A.On-going monitoring of associates and others
143.Destruction of finger prints etc.
144.Records not kept in writing
145.False or misleading information
146.Inducements, cheating etc.
147.Bribery of authorised person
148.Service of documents on Authority
149.Service of documents on other persons
149A.Refund of fees
149B.Costs of investigating applications
150.Evidence
151.Offences by corporations
152.Proceedings
153.Information gathering for law enforcement purposes
154.Gaming infringements
155.Payment of penalty
156.Appeals
157.Proof of prior convictions
158.Supreme Court—limitation of jurisdiction
159.Regulations
160–162. Repealed208
163.Transitional
164.Transitional provision: amounts payable by trustees
165.Transitional provision—regional limits
166.Saving of direction under section 12
167.Transitional provisions—24 hour gaming
168.Transitional provisions—impact of gaming on community
169.Transitional provisions—appeal etc. periods
170.Savings for Roll under section 62
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 094
Gaming Machine Control Act 1991
Act No. 53/1991
Version incorporating amendments as at 1 July 2003
1
Gaming Machine Control Act 1991
Act No. 53/1991
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
S. 1 amendedby No. 98/1994 s.13(a).
1.Purpose
The purpose of this Act is to establish a system for the regulation, supervision and control of gaming machines and gaming equipment with the aims of—
(a)ensuring that gaming on gaming machines is conducted honestly; and
S. 1(b) amended by No. 98/1994 s.13(b).
(b)ensuring that the management of gaming machines and gaming equipment is free from criminal influence or exploitation; and
(c)regulating the use of gaming machines in casinos and other approved venues where liquor is sold; and
(d)regulating the activities of persons in the gaming machine industry; and
S. 1(e) amended by No. 16/2000 s.6.
(e)promoting tourism, employment and economic development generally in the State; and
S. 1(f)
inserted by No. 16/2000 s.6.
(f)fostering responsible gambling in order to—
(i)minimise harm caused by problem gambling; and
(ii)accommodate those who gamble without harming themselves or others.
2.Commencement
s. 2
(1)Subject to this section, this Act comes into operation on a day or days to be proclaimed.
(2)Sections 11 and 34 come into operation on a day to be proclaimed.
S. 2(3) amended by No. 60/1991 s.3.
(3)Section 160 comes into operation on 1 November 1996.
3.Definitions
(1)In this Act—
S. 3(1) def. of "approved venue" substituted by No. 90/1997 s.4(a).
"approved venue" means premises—
(a)to which the licence of a venue operator applies; and
(b)which are approved under Part 2A as suitable for gaming and the approval is in force;
S. 3(1) def. of "authorised person" amended by No. 37/1994 s.208(a).
"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;
S. 3(1) def. of "Authority" inserted by No. 37/1994 s.208(b).
"Authority" means the Victorian Casino and Gaming Authority established under the Gaming and Betting Act 1994;
S.3(1) def.of "cash facility" insertedby No.38/2002 s.26(1).
"cash facility" means—
(a)an automatic teller machine; or
(b)an EFTPOS facility; or
(c)any other prescribed facility that enables a person to gain access to his or her funds or to credit;
"casino" has the same meaning as in the Casino Control Act 1991;
S. 3(1) def. of "Commiss-ion" repealedby No. 37/1994 s.208(c).
*****
s. 3
S. 3(1) def. of "casino operator" inserted by No. 44/1995 s.10(a).
"casino operator" has the same meaning as in the Casino Control Act 1991;
S. 3(1) def. of "company" inserted by No. 29/1998 s.11(b), substituted by No.44/2001 s.3(Sch. item54.1(a)).
"company" means a company within the meaning of the Corporations Act that is taken to be registered in Victoria;
"computer cabinet" means the sealable cabinet in a gaming machine which cabinet contains the game program storage medium and the Random Access Memory;
S. 3(1) def. of "decision" amended by No. 37/1994 s.208(a).
"decision", in relation to the Director or the Authority, includes determination;
S. 3(1) def. of "Director" amended by Nos 37/1994 s.208(d), 16/1997 s.114(1).
"Director" means the Director of Gaming and Betting appointed under the Gaming and Betting Act 1994;
"electronic monitoring system" means any electronic or computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment;
S. 3(1) def. of "game" amended by No. 117/1993 s.4(1)(a).
"game" means a game or program designed to be played on a gaming machine and identifiable from all other games by differences in rules or programming;
s. 3
"gaming" means the playing of a gaming machine;
"gaming equipment" means any—
(a)gaming machine; or
(b)linked jackpot equipment; or
(c)electronic monitoring system; or
(d)part of, or replacement part for, any such machine, equipment or system; or
(e)restricted component;
"gaming infringement" means an offence against this Act or the regulations that is prescribed for the purposes of section 154;
S. 3(1) def. of "gaming machine" amended by Nos 44/1995 s.10(b), 16/1997 s.114(2)(a)(i), 41/1999 s.76.
"gaming machine" means any device, whether wholly or partly mechanically or electronically operated, that is so designed that—
(a)it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and
(b)as a result of making a bet on the device, winnings may become payable—
s. 3
and includes any machine declared to be a gaming machine under section 6 but does not include a lucky envelope vending machine within the meaning of the Gaming No. 2 Act 1997 or interactive gaming equipment within the meaning of the Interactive Gaming (Player Protection) Act 1999 that is used or intended to be used for the purposes of interactive games within the meaning of that Act and not for gaming of any other kind;
S. 3(1) def. of "gaming machine area" substituted by No. 38/2002 s.26(2).
"gaming machine area" means any area in an approved venue that is approved by the Authority under Part 2A as an area in which a licensee is permitted to install a gaming machine;
"gaming machine type" means a type of gaming machine, including the machine cabinet and computer hardware and software, on which a range of games may be played without any alteration to the gaming machine other than the substitution of a new game program or an alteration to the information or artwork displayed on the gaming machine;
S. 3(1) def. of "gaming operator" substituted by No. 37/1994 s.208(e), amended by Nos 98/1994 s.14, 15/1997 s. 13(1), 29/1998 s.11(a).
"gaming operator" means—
(a)in relation to a gaming operator's licence under Part 3—
(i)the holder of the licence; and
(ii)if a declaration under section 3A is in force, the company declared under that section to be the operator in relation to that licence; and
(b)except in Division 3 of Part 3 and sections 134, 136 and 136A, the holder of a gaming licence under the Gaming and Betting Act 1994 and the operator or operators under the gaming licence;
s. 3
"gaming token" means Australian currency or any token, credit or any other thing that enables a bet to be made on a gaming machine;
"jackpot" means the combination of letters, numbers, symbols or representations required to be displayed on the reels or video screen of a gaming machine so that the winnings in accordance with the prize payout scale displayed on the machine are payable from money which accumulates as contributions are made to a special prize pool;
"linked jackpot arrangement" means an arrangement whereby 2 or more gaming machines are linked to a device that—
(a)records, from time to time, an amount which, in the event of a jackpot or other result being obtained on one of those machines, may be payable, or part of which may be payable, as winnings; and
(b)for the purpose of recording the amount referred to in paragraph (a), receives data from each gaming machine to which the device is linked; and
(c)is not capable of affecting the outcome of a game on a gaming machine to which the device is linked;
"linked jackpot equipment" means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement;
S. 3(1) def. of "liquor" amended by No. 94/1998 s.183(Sch. 4 item 2.1).
"liquor" has the same meaning as in the Liquor Control Reform Act 1998;
s. 3
S. 3(1) def.of "loyalty scheme" insertedby No.38/2002 s.26(3).
"loyalty scheme" means—
(a)a system, used in connection with the operation of gaming machines in approved venues or a casino, in which the players of those gaming machines accumulate bonus, loyalty or reward points from playing the gaming machines; or
(b)any other system that tracks a player's expenditure on a gaming machine;
S. 3(1) def.of "loyalty scheme provider" insertedby No.38/2002 s.26(3).
"loyalty scheme provider" means a person who conducts a loyalty scheme;
S. 3(1) def. of "Melbourne Statistical Division" inserted by No. 117/1993 s.4(1)(b), substituted by No. 16/2000 s.7(a).
"Melbourne Statistical Division" means the Major Statistical Region of Melbourne described in the publication entitled Statistical Geography—Volume1—Australian Standard Geographical Classification (ASGC), Catalogue number 1216.0 published in 1996 by the Australian Bureau of Statistics;
S. 3(1) def. of "metropolitan area" repealedby No. 117/1993 s.4(1)(b).
*****
s. 3
"money clearance" means the removal of gaming tokens from the drop box of a gaming machine;
S. 3(1) def. of "municipal district" inserted by No. 16/2000 s.7(b).
"municipal district" has the same meaning as in the Local Government Act 1989;
S. 3(1) def. of "nominee" inserted by No. 88/2000 s.3.
"nominee" means a natural person approved by the Authority under section 25A;
S. 3(1) def. of "operator" inserted by No. 44/1995 s.10(a), amended by No. 16/1997 s.114(2)(a)(ii).
"operator", in relation to a bingo centre, has the same meaning as in the Gaming No. 2 Act 1997;
S. 3(1) def. of "operator under the gaming licence" inserted by No. 37/1994 s.208(f).
"operator under the gaming licence" has the same meaning as "operator" has under the Gaming and Betting Act 1994 in relation to the gaming licence under that Act;
S. 3(1) def. of "Panel" inserted by No. 16/2000 s.7(b).
"Panel" means Gambling Research Panel established under Part 9A;
S. 3(1) def. of "regional limit"
inserted by No. 16/2000 s.7(b).
"regional limit" means the maximum permissible number of gaming machines available for gaming in a region of the State determined and in force under section 12AA;
S. 3(1) def. of "Register" inserted by No. 90/1997 s.4(b).
"Register" means the Register of Venue Operators and Approved Venues established and maintained under section 25AA;
s. 3
S. 3(1) def. of "related entity" inserted by No. 17/1996 s.4(a).
"related entity", in relation to the Trustees, includes—
(a)a body corporate, partnership or trust of which, or in which—
(i)the Trustees or one or more of the Trustees; or
(ii)a person who holds a direct or indirect interest as legatee, beneficiary or otherwise in the will and estate of the late George Adams; or
(iii)a person who is a discretionary beneficiary in that will and estate—
is a director, partner or trustee or holds a substantial interest, whether direct or indirect; and
(b)a trust of which the Trustees, or one or more of the Trustees, or a person referred to in paragraph (a)(ii) or (iii) is a beneficiary or discretionary beneficiary;
S. 3(1) def. of "restricted area" repealed by No. 38/2002 s.26(4).
*****
"restricted component", in relation to gaming equipment, means any component that is prescribed as a restricted component;
S. 3(1) def. of "restricted machine" repealed by No. 17/1996 s.11(1).
*****
S. 3(1) def. of "Roll" substituted by No. 88/2000 s.15(1)(a).
"Roll" means the Roll of Suppliers established under section 62;
s. 3
"sell" includes offer for sale;
S.3(1) def.of "spin" insertedby No.38/2002 s.26(5).
"spin" means a sequence of actions and states in a gaming machine initiated by a player through a wagering of credits and terminated when all credits wagered have been lost or all winnings have been transferred to the gaming machine's total wins meter and the player's credit meter;
S.3(1) def.of "spin rate" insertedby No.38/2002 s.26(5).
"spin rate", in relation to a gaming machine, means the interval between spins on the gaming machine;
S. 3(1) def. of "State limit" inserted by No. 16/2000 s.7(b).
"State limit" means the maximum permissible number of gaming machines available for gaming in the State directed and in force under section 12(1)(a);
S. 3(1) def. of "subsidiary" inserted by No. 90/1998 s.18(1), amended by No.44/2001 s.3(Sch. item54.1(b)).
"subsidiary"—
(a)in relation to the Trustees, means a body corporate that, if the Trustees were a body corporate, would be a subsidiary of the Trustees within the meaning of the Corporations Act (but not a subsidiary of another such body corporate);
(b)in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Act (but not a subsidiary of another such body corporate);
S. 3(1) def. of "tabaret premises" inserted by No. 37/1994 s.208(g), amended by No. 88/2000 s.14(a).
"tabaret premises" means[1]—
s. 3
*****
(b)the Old Ballarat Village situated at
623–643 Main Road, Ballarat;
(c)Tabaret situated at the All Seasons Motor Inn, 171–183 McIvor Road, Bendigo;
S. 3(1) def. of "Trustees" inserted by No. 17/1996 s.4(b).
"Trustees" means the trustees of the will and estate of the late George Adams;
S. 3(1) def. of "unrestricted area" repealed by No. 38/2002 s.26(4).
*****
"venue operator" means the holder of a venue operator's licence under Part 3;
S. 3(1) def. of "wholly-owned subsidiary" inserted by No. 90/1998 s.18(1).
"wholly-owned subsidiary", in relation to the Trustees, means a company—
(a)that is a subsidiary of the Trustees or of a body corporate that is a subsidiary of the Trustees; and
(b)none of whose members is a person other than—
(i)the Trustees;
(ii)a nominee of the Trustees;
(iii)a subsidiary of the Trustees, being a subsidiary none of whose members is a person other than—