Victorian Commission for Gambling and Liquor Regulation Bill 2011

Introduction Print

EXPLANATORY MEMORANDUM

571053

BILL LA INTRODUCTION 14/9/2011

General

The Victorian Commission for Gambling and Liquor Regulation Bill2011 ("the Bill") establishes the Victorian Commission for Gambling and Liquor Regulation ("theCommission") and makes amendments to the Liquor Control Reform Act 1998, the Gambling Regulation Act 2003 and consequential amendments to other Acts, to provide for the establishment of the Commission. The Bill also provides for the abolition of the Director of Liquor Licensing ("DLL") and the Victorian Commission for Gambling Regulation ("VCGR") upon establishment of the Commission.

The Bill will deliver on the Government's commitment to create an integrated regulator for gambling and liquor in Victoria, responsible for regulatory, investigative and disciplinary functions under gambling and liquor legislation.

Clause Notes

PART 1—PRELIMINARY

This Part of the Bill sets out the purposes of the Bill, the commencement of the Bill, the definitions used in the Bill, the use of words or expressions in the Bill and the provision and application of statements of policy principles by the Minister.

Clause 1sets out the purposes of the Bill.

Clause 2provides for the commencement of the Bill.

Subclause (1) provides that the Bill will come into operation on a day or days to be proclaimed.

Subclause (2) provides that if the Bill does not come into operation before 31 December 2012, it comes into operation on thatday.

Clause 3Subclause (1) provides for the definitions of key words or terms within the Bill including—

bookmakeris defined ashaving the same meaning as it has in section 1.3 of the Gambling Regulation Act 2003.

Chairpersonis defined tomean Chairperson of theCommission appointed under section 10 of the Bill.

Commissionis defined as the Victorian Commission forGambling and Liquor Regulation establishedunder Part 2 of the Bill.

commissioneris defined asa member of theCommission appointed under Part 2 of the Bill.

community interest inquiryis defined asaninquiry to which Subdivision 2 of Division 2 of Part 3 of the Bill applies.

Deputy Chairperson is defined as a Deputy Chairperson of the Commission appointed under section 14 of the Bill.

gambling and liquor inspectoris defined asaninspectorappointed under section 40 of the Bill.

gambling authorisationis defined as—

  • a licence, permit, approval, authorisation or registration granted under the Gambling Regulation Act 2003 or the Casino Control Act 1991; or
  • a gamingmachine entitlement allocated under the Gambling Regulation Act 2003; or
  • an authority conferred by a listing on the Roll.

gambling legislationis defined as—

  • theGambling Regulation Act 2003;
  • theCasino Control Act 1991;
  • the Casino (Management Agreement) Act 1993;
  • regulations made under an Act referred to above.

inquiryis defined as an inquiry conducted under Division 2 of Part 3 of the Bill.

liquor authorisationis defined as a licence or BYO permit under theLiquor Control Reform Act 1998.

liquor legislationis defined tomean the Liquor Control Reform Act 1998 or regulations made under that Act.

regulated personis defined as the holder of a gambling authorisation or an associate, an operator or nominee under a gambling authorisation or an associate, an entitlement holder connected person, the holder of a liquor authorisation, a responsible person within themeaning of section 3(1) of the Liquor Control Reform Act 1998,a member of the committee ofmanagement of the holder of a liquorauthorisation (if it is a club),a nominee of the holder of a liquorauthorisation (if it is a club),a person who, directly or indirectly, isconcerned in or takes part in themanagement of licensed premises, an applicant for a liquor authorisation and a person who carries on a businessspecified under sections 6A to 6D ofthe Liquor Control Reform Act 1998.

restricted personis defined as a commissioner, a gambling and liquor inspector or a person appointed by the Commission as an authorised person under section 1.3(3) of the Gambling Regulation Act 2003.

Clause 4provides that words and expressions used in a gambling Act or liquor Act and in the Bill have the same respective meanings in the Bill as they have in those Acts unless the context or subject matter otherwise indicates.

Clause 5Subclause (1) provides that the Minister may issue decision-making guidelines in respect of the regulation of gambling or liquor.

Subclause (2) provides that any decision-making guidelines issued by the Minister under this section must be published in the Government Gazette.

This provision allows the Minister to provide general guidance to the Commission in relation to how the Minister would like the Commission to exercise its decision-making powers, duties and functions. It gives the Minister no power to direct the Commission on the determination it should make in any individual matter. The Minister may vary or revoke decision-making guidelines. Clause 50 of the Bill provides that certain Gazetted statements are taken to be decision-making guidelines issued under this provision.

PART 2—THE VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION

This Part of the Bill establishes the Victorian Commission for Gambling and Liquor Regulation, provides for the Commission's functions and powers, provides for membership of the Commission including the roles of Chairperson and Deputy Chairpersons and describes how the Commission may perform its functions at meetings and inquiries of the Commission.

Division 1—Establishment, powers and functions

Clause 6establishes the Victorian Commission for Gambling and Liquor Regulation.

Subsection (2) provides that the Commission will be a body corporate, with perpetual succession, has an official seal, may acquire, hold and dispose of real and personal property and may do and suffer all acts and things that a body corporate may by law do or suffer.

Clause 7Subsection (1) provides that the Commission's official seal must be kept in such custody as the Commission directs and not be used except as authorised by the Commission.

Subsection (2) provides that all Courts must take judicial notice of the official seal.

Clause 8provides that the Commission represents the Crown.

Clause 9provides for the functions of the Commission.

Subclause (1) provides that the Commission has the functions of—

  • performing the regulatory, investigative and disciplinary functions conferred on the Commission by or under the Bill, the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Casino Control Act1991, the Racing Act 1958 or any other Act;
  • undertaking licensing, approval, authorisation and registration activities under gambling legislation and liquor legislation;
  • promoting and monitoring compliance under gambling legislation and liquor legislation;
  • detecting and responding to contraventions of gambling legislation and liquor legislation;
  • advising the Minister inrelation to its functions under gambling legislation, liquor legislation and the Racing Act 1958;
  • advising the Minister in relation to the operation of gambling and liquor legislation;
  • ensuring Government policy in relation to liquor and gambling is implemented;
  • informing and educating the public about the Commission's regulatory practices and requirements.

Subclause (2) provides that the Commission also has the function of informing itself as it sees fit of its functions and the operation of gaming and liquor legislation and the Racing Act 1958.

Subclause (3) requires that the Commission have regard to the objects of the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Casino Control Act 1991 and the Casino (Management Agreement) Act 1993, the Racing Act 1958 or any other Act that confers functions on the Commission when performing its functions, duties or exercising its powers under any of those Acts.

Subclause (4) requires the Commission to have regard to any decision-making guidelines issued by the Minister under clause5.

Clause 10provides for the powers of the Commission. The Commission has the power to do all things necessary or convenient to be done for in connection with the performance of its duties under the Bill, gaming legislation, liquor legislation, or any other Act, including regulations made under those Acts. This includes engaging consultants, contractors or agents.

Division 2—Membership of the Commission

Clause 11provides for the constitution of the Commission.

Subclause (1) provides that the Commission consists of a commissioner who is appointed as a Chairperson, one or more Commissioners who are appointed as Deputy Chairpersons and as many additional Commission as the Minister considers necessary to enable the Commission to perform its functions.

Subclause (2) provides that Commissioners will be appointed by the Governor in Council on the recommendation of the Minister.

Subclause (3) provides that thePublic Administration Act 2003 (other than Part 3 of that Act) applies to a commissioner in respect of the office of commissioner.

Clause 12provides for the qualifications and eligibility criteria for appointment to the role of a commissioner.

Subclause (2) provides that if a person has been employed or significantly associated with a key operative, a bookmaker or a commercial raffle organiser or subject to a disqualification order or determination under the Liquor Control Reform Act 1998 in the previous 2 years, they are not eligible for appointment as a commissioner.

Clause 13provides that the Governor in Council, on the recommendation of the Minister, may appoint a qualified person to the role of Chairperson.

Under subclause (2), aChairperson may be appointed on a fulltime or part-time basis on terms and conditions determined by the Governor in Council.

Clause 14provides that the Governor in Council may appoint one or more qualified persons to the role of Deputy Chairperson.

Under subclause (2), aDeputy Chairperson may be appointed on a full-time or part-time basison terms and conditions determined by the Governor in Council.

Clause 15provides that the Governor in Council may appoint qualified persons to the role of commissioner, on the terms and conditions determined by the Governor in Council.

Under subclause (2), acommissioner may be appointed on a fulltime or part-time basis on terms and conditions determined by the Governor in Council.

Clause 16provides that a commissioner holds office for a period not exceeding 5 years, specified in his or her instrument of appointment and is eligible for re-appointment for a further term or terms. This provision means that a person may be reappointed as a commissioner for more than two terms.

Clause 17provides that a commissioner is entitled to the remuneration specified in his or her instrument of appointment.

Clause 18provides for acting appointments to the office of commissioner.

Subclause (1) provides that the Minister may appoint a person to act in the office of commissioner for a period not exceeding 6months—

  • if a commissioner is absent or, for any other reason, is unable to perform the duties of office; or
  • during a vacancy in the office of commissioner; or
  • if the Minister considers that an appointment under this section is necessary to assist the Commission in the performance of its functions.

Subclause (3) provides that an acting commissioner is eligible for re-appointment.

Subclause (3) provides that the Minister may—

  • determine the terms and conditions of appointment of an acting commissioner; and
  • terminate the appointment at any time.

Subclause (4) provides that while acting in a commissioner's place, the acting commissioner—

  • has and may perform all the functions of the commissioner; and
  • is entitled to be paid the remuneration to which the commissioner would have been entitled.

Subclause (5) provides that the Minister may appoint a commissioner to act in the office of Chairperson if the Chairperson is absent or, for any other reason, is unable to perform the duties of office.

Subclause (6) provides that while acting in the Chairperson's place, the acting Chairperson—

  • has and may perform all the functions of the Chairperson; and
  • is entitled to be paid the remuneration to which the Chairperson would have been entitled.

Subclause (7) provides that a person appointed under this section may resign from that acting appointment by notice in writing delivered to the Minister.

Clause 19provides for resignation by and removal from office of a commissioner.

Subclause (1) specifies when a commissioner's office becomes vacant—

  • if a commissioner becomes bankrupt; or
  • if a commissioner is convicted in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or
  • if a commissioner is removed from office under subclause (2); or
  • if a commissioner resigns by notice in writing delivered to the Governor in Council.

Subclause (2) provides that a commissioner may be removed from office by the Governor in Council on the recommendation of the Minister if the commissioner has refused, neglected, or failed to carry out the functions or duties of office or engaged in misconduct in carrying out the functions, powers or duties of office.

If a commissioner is removed from office under subclause (2), pursuant to subclause (3) the Minister must cause to be laid before each House of the Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal.

Clause 20provides that a decision of the Commission is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of a commissioner.

Clause 21provides that commissioners are required to disclose certain interests.

Subclause (1) requires commissioners to disclose to the Chairperson, the nature of an interest they have in a matter being considered, or about to be considered, by the Commission, as soon as practicable after the relevant facts come to his or her knowledge.

Subclause (2) requires the Chairperson to disclose to the Minister, the nature of an interest he or she has in a matter being considered, or about to be considered, by the Commission, as soon as practicable after the relevant facts come to his or her knowledge.

Subclause (3) requires the Commission to make guidelines that specify the types of interests a commissioner must disclose under clause21 and subclause (4) requires the guidelines to be published on the Commission's Internet site.

Clause 22provides for protection from liability for commissioners, a delegate of the Commission or a delegate of a commissioner

Subclause (1) provides that a commissioner, or a delegate of the Commission, or a delegate of a commissioner is not personally liable for anything done or omitted to be done in good faith—

  • in the exercise of a power or the performance of a function under—
  • the Bill;
  • gambling legislation; or
  • liquor legislation;
  • in the reasonable belief that the act or omission was in the exercise of or the performance of a function under—
  • the Bill;
  • gambling legislation; or
  • liquor legislation.

Subclause (2) provides that any liability resulting from an act or omission that, but for subclause (1), would attach to a commissioner or delegate attaches instead to the Commission.

Clause 23provides for commissioners to be provided with identity cards.

Division 3—Performance and exercise of the Commission's functions, duties and powers

Clause 24provides for basic requirements in performance of the Commission's functions.

Subclause (1) imposes a general requirement that the Commission must endeavour to perform its functions without undue formality, and as expeditiously as practicable, as the requirements of the Bill or any other Act and the proper consideration of the subject-matter permit

Subclause (2) provides that without limiting subclause (1), the Commission is required to inform applicants to a matter (and anyother party to that matter) before the Commission of its decision in that matter as soon as practicable after making it. Subclause (3) defines an applicant as a person who has applied for a gambling authorisation or a liquor authorisation.

Clause 25provides for how the Commission's functions, duties and powers may be performed.

Subclause (1) requires, that where the Commission is performing a function, it is to be performed by the Commission at a meeting, or an inquiry, in accordance with Division 3 of Part 2 of the Bill and Division 2 of Part 3 of the Bill.

Subclause (2) provides that a function of the Commission that an Act or subordinate instrument provides may be performed by any commissioner may also be performed by the Commission at a meeting convened or inquiry held in accordance with Division 3 of Part 2 of the Bill and Division 2 of Part 3 of the Bill.

Subclause (3)(a) provides that unless the Commission is exercising a power under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 it is not bound by the rulesof evidence when performing a function or duty. Subclause(3)(b) provides that whenever the Commission is performing a function or duty,the Commission is bound by the rules of natural justice.

Clause 26provides for general provisions relating to meetings and inquiries of the Commission.

Subclause (1) provides that the Chairperson must convene as many meetings of the Commission as he or she considers necessary for the efficient conduct of its affairs and the Chairperson may arrange for the Commission to conduct an inquiry.

Subclause (2) provides that a meeting convened, or inquiry held, in accordance with this Division, may be conducted at a place determined by the Chairperson.

Subclause (3) provides that the Chairperson, or in his or her absence, a Deputy Chairperson, is to preside at a meeting or inquiry of the Commission.

Subclause (4) providesthat subject to the Bill, gambling legislation or liquor legislation, the Commission may regulate its own procedure.

Clause 27provides for meetings of the Commission.

Subclause (1) provides that a meeting convened in accordance with Division 3 of Part 2 of the Billmay be conducted by telephone, closed circuit television or other means of communication that does not require the physical presence of each commissioner in the same room. This provision will enable the Commission to conduct its meetings by web conferencing or equivalent methods.

Subclause (2) provides that the quorum for a meeting of the Commission is 3 commissioners, at least one of whom must be the Chairperson or Deputy Chairperson.

Subclause (3) provides that a matter arising at a meeting is determined by a majority of votes of the commissioners present and voting on the question and the person presiding has a deliberative vote and, if voting is equal, a second or casting vote.

Clause 28provides whether Commission meetings and inquiries are open to the public.

Subclause (1) gives the Commission the discretion, subject to the clause in itsentirety, to determine whether a meeting or inquiry should be held in public or private.

Subclause (2) provides that specified inquiries of the Commission are to be held in public, unless special circumstances exist which require that the inquiry or part of it should be held or conducted in private. The specified inquires are—

  • liquor licence applications if an objection, on the grounds of either amenity or the misuse and abuse of alcohol under section 38, 40 or 41(1)(b) of the Liquor Control Reform Act 1998, is lodged in accordance with the requirements of that Act;
  • a late hour entry declaration for an area or locality under section 58B of the Liquor Control Reform Act 1998;
  • a disciplinary action inquiry under section 91 (assubstituted by the Bill) of the LiquorControl Reform Act 1998;
  • an inquiry into amenity or disuse under section 94 (assubstituted by the Bill) of the LiquorControl Reform Act 1998;
  • an application for approval of premises for gaming under Part 3 of Chapter 3 of the Gambling Regulation Act 2003;
  • an application for a venue operator's licence under Division 2 of Part 4 of Chapter 3 of the Gambling Regulation Act 2003;
  • a proposed amendment to a venue operator's licence to—
  • vary the days or dates on which 24 hour gaming is permitted;
  • add a new condition to specify days or dates on which 24 hour gaming is permitted;
  • increase the number of gaming machines permitted in an approved venue so that the approved venue will have more than 10% more than the number of gaming machines permitted in the venue at the time of the proposed amendment;
  • increase the number of gaming machines permitted in an approved venue within 2 years after the Commission has approved an increase of not more than 10% in the number of gaming machines permitted in the venue;
  • vary the approved self-exclusion program;
  • vary the approved Responsible Gambling Code of Conduct;
  • approval of gaming machine types and games under section 3.5.4 of the Gambling Regulation Act 2003;
  • variation of gaming machine types and games under section 3.5.5 of the Gambling Regulation Act 2003;
  • withdrawal of gaming machine types and games under section 3.5.6 of the Gambling Regulation Act 2003;
  • approval to install a linked jackpot arrangement referred to in section 3.5.7 of the Gambling Regulation Act 2003;
  • the making of rules under section 3.5.23 of the Gambling Regulation Act 2003;
  • any matters in relation to an application under Chapter 4 of the Gambling Regulation Act 2003 (other than an application under Part 3 of that Chapter of that Act);
  • any matters in relation to an application under Chapter6A of the Gambling Regulation Act 2003 (other than an application under Part 3 of that Chapter of that Act);
  • any of the following under the Casino Control Act 1991—
  • the granting of a casino licence under section 13 of that Act;
  • the amendment of the conditions of a casino licence under section 16 of that Act;
  • the definition or redefinition of boundaries of a casino under section 17 of that Act;
  • the giving or varying of a direction about the days and times of operation of a casino under section65 of that Act.

Subclause (3) provides that the Commission may, direct that aninquiry or part of it be conducted in private if the Commission considers special circumstance exist either because it is necessary to prevent the unreasonable divulgence of information relating to the personal affairs of a person (including a deceased person) or it is otherwise in the interests of justice or the public interest.