Gambling Legislation Amendment (Transition) Act 2012FILE/12-032a.docx · Web viewGambling...

Gambling Legislation Amendment (Transition) Act 2012

No. 32 of 2012

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENTS TO THE GAMBLING REGULATION ACT 2003 4

3 Definitions 44 Ministerial directions as to requirements for gaming machines 45 Review of regional and municipal limits 46 Authority conferred by listing on the Roll 57 Application to be listed on Roll 58 Exemption from requirement to pay 75% of prescribed profit

obtained on transfer 59 New section 3.6.1A inserted 5

3.6.1A Returns to players on expiry of gaming operator's licences 5

10 Health benefit levy 611 New section 3.6.3A inserted 6

3.6.3A Health benefit levy—financial year 2012 to 2013 612 New sections 4.3A.15A to 4.3A.15C inserted 7

4.3A.15A Appointment of wagering and betting operator 74.3A.15B Approval of wholly-owned subsidiary 84.3A.15C Rights and obligations of wagering and betting

operator 813 Consequential amendments regarding wagering and betting

operator 914 Banking 1115 Definitions 1116 Authority conferred by a gaming industry employee's licence 1117 Gaming industry employees to be licensed 1118 Appeal 1119 Termination of employment on suspension or cancellation of

licence 12

1

20 Compulsory training for certain gaming industry employees 1221 Schedule 1—Keno 13

PART 1—KENO 13

22 New Part 27 of Schedule 7 inserted 13

PART 27—GAMBLING LEGISLATION AMENDMENT (TRANSITION) ACT 2012 13

27.1 Authority conferred by venue operator's licence until expiry of gaming operator's licences 13

27.2 Authority conferred by gaming operator's licences until expiry of those licences 14

27.3 Expiry of gaming operator's licences 1427.4 Expiry of wagering licence 15

PART 3—AMENDMENTS TO THE GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009 16

23 Purpose 1624 Placement of automatic teller machines and alternative

cash access facilities 1625 Automatic teller machine and alternative cash access

facility measures 1626 Automatic teller machines and alternative cash access

facilities prohibited in approved venues not on racecourses 1627 Limiting placement of automatic teller machines and

alternative cash access facilities on racecourses 1728 Appeal 1729 New section 3.5.33N inserted 18

3.5.33N No compensation payable 1830 Casino Control Act 1991—automatic teller machine and

alternative cash access facility measures 18

PART 4—AMENDMENTS TO THE CASINO CONTROL ACT 1991 19

31 Definitions 19

PART 5—FURTHER AMENDMENTS AND REPEALS 20

32 Definitions 2033 Duty payable by licensee 2034 Objectives of Commission 2035 Repeal of amending Act 20

═══════════════

ENDNOTES 21

Gambling Legislation Amendment (Transition) Act 2012†

No. 32 of 2012

[Assented to 13 June 2012]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to amend the Gambling Regulation Act 2003 and the Gambling Regulation Amendment (Licensing) Act 2009—

Victoria

1

(i) to extend the types of cash facilities that are captured by the proposed prohibition on automatic teller machines in approved venues; and

(ii) to ensure that a person who provides services to a venue operator or the monitoring licensee for the installation, service, repair or maintenance of gaming machines is to be listed on the Roll of Manufacturers, Suppliers and Testers; and

(iii) to make it an offence for the monitoring licensee or a third party service provider to employ or engage a person to install, service, repair or maintain gaming machines or monitoring equipment unless the person holds a gaming industry employee's licence; and

(iv) to make further transitional and consequential amendments in relation to the expiry of the gaming operator's licences and the wagering licence in August 2012; and

(b) to amend these Acts and the Gambling Regulation Further Amendment Act 2009 to make further minor amendments; and

(c) to amend the Casino Control Act 1991 to extend the types of cash facilities that are captured by the proposed prohibition on automatic teller machines in the casino.

2 Commencement

(1) This Act (except sections 3(1) and (2), 4 to 7 and 15 to 20 and Part 4) comes into operation on the day after the day on which this Act receives the Royal Assent.

Section Page

2

s. 2

(2) Section 3(1) and (2) and Part 4 come into operation on 1 July 2012.

(3) Subject to subsection (4), sections 4 to 7 and 15 to 20 come into operation on a day or days to be proclaimed.

(4) If a provision referred to in subsection (3) does not come into operation before 1 September 2012, it comes into operation on that day.

__________________

Section Page

3

s. 2

PART 2—AMENDMENTS TO THE GAMBLING REGULATION ACT 2003

3 DefinitionsSee:Act No.114/2003.Reprint No. 4as at1 January 2011and amendingAct Nos29/2009, 58/2009, 56/2010, 64/2010, 74/2010, 29/2011, 58/2011, 60/2011, 62/2011 and 79/2011.LawToday:www.legislation.vic.gov.aus. 3

(1) In section 1.3(1) of the Gambling Regulation Act 2003, insert the following definition—

"alternative cash access facility means a facility that—

(a) enables a person to debit his or her funds without a person employed or engaged by a venue operator enabling the debit of those funds; and

(b) issues a receipt or other authority requiring the venue operator to pay to that person cash representing the amount debited;".

(2) In section 1.3(1) of the Gambling Regulation Act 2003, in the definition of cash facility, after paragraph (b) insert—

"(ba) an alternative cash access facility; or".

(3) In section 1.3(1) of the Gambling Regulation Act 2003, insert the following definition—

"wagering and betting operator means the company (if any) appointed under

Part 5—Further Amendments and Repeals

Gambling Legislation Amendment (Transition) Act 2012No. 32 of 2012

4

section 4.3A.15A as operator of the wagering and betting licence;".

4 Ministerial directions as to requirements for gaming machines

Section 3.2.3(1)(a) and (f) of the Gambling Regulation Act 2003 are repealed.

5 Review of regional and municipal limits

Section 3.2.4A of the Gambling Regulation Act 2003 is repealed.

6 Authority conferred by listing on the Roll

In section 3.4.5(c)(i) of the Gambling Regulation Act 2003, after "operators to" insert "install,".

7 Application to be listed on Roll

(1) In section 3.4.61(1)(b) of the Gambling Regulation Act 2003 omit "gaming operators or".

(2) In section 3.4.61(1)(c)(i) of the Gambling Regulation Act 2003 omit "gaming operators or".

8 Exemption from requirement to pay 75% of prescribed profit obtained on transfer

In section 3.4A.19(3) of the Gambling Regulation Act 2003, in the definition of relevant authority, after paragraph (a) insert—

"(ab) an amendment to the conditions of a venue operator's licence to vary the number of gaming machines permitted in an approved venue;".

9 New section 3.6.1A inserted

After section 3.6.1 of the Gambling Regulation Act 2003 insert—

s. 6Part 5—Further Amendments and Repeals


5

"3.6.1A Returns to players on expiry of gaming operator's licences

(1) This section applies if, on the expiry of a gaming operator's licence or a gaming licence, the gaming operator will have jackpot special prizes that will not have been paid out before that expiry.

(2) The gaming operator must pay an amount equal to those jackpot special prizes to the Treasurer for payment into the Responsible Gambling Fund established under section 19 of the Victorian Responsible Gambling Foundation Act 2011.

(3) This section applies despite section 3.6.1.".

10 Health benefit levy

After section 3.6.3(5) of the Gambling Regulation Act 2003 insert—

"(6) This section is subject to section 3.6.3A.".

11 New section 3.6.3A inserted

After section 3.6.3 of the Gambling Regulation Act 2003 insert—

"3.6.3A Health benefit levy—financial year 2012 to 2013

(1) In respect of the financial year beginning on 1 July 2012 and ending on 30 June 2013, a gaming operator must pay to the Commission a health benefit levy calculated in accordance with the formula set out in section 3.6.3(1).

(2) The Treasurer, in consultation with the Commission, is to determine the amount of the levy on each gaming operator in respect of the financial year and must notify each gaming operator of his or her determination



6

as soon as practicable after making the determination.

(3) The levy is payable in two equal instalments within the financial year, due on dates determined by the Treasurer in consultation with the Commission.

(4) The Treasurer must notify each gaming operator of his or her determination under subsection (3) as soon as practicable after making the determination, but at least 15 business days before the first instalment is due.

(5) In this section, gaming operator includes a person who held a gaming operator's licence or a gaming licence.".

12 New sections 4.3A.15A to 4.3A.15C inserted

After section 4.3A.15 of the Gambling Regulation Act 2003 insert—

"4.3A.15A Appointment of wagering and betting operator

(1) Subject to section 4.3A.15B, the wagering and betting licensee may, by notice in writing given to the Commission, appoint as operator of the wagering and betting licence a company that—

(a) is a wholly-owned subsidiary of the licensee; and

(b) has a physical place of business in Victoria; and

(c) is approved by the Commission.

(2) A company appointed as operator ceases to be the operator on ceasing to be a wholly-owned subsidiary of the licensee.



7

(3) The licensee may, at any time by notice in writing given to the Commission, revoke the appointment of an operator under this section.

(4) The appointment of an operator under this section does not affect any function or obligation of the licensee under a gaming Act or gaming regulations.

4.3A.15B Approval of wholly-owned subsidiary

On application by the wagering and betting licensee, the Commission may approve a wholly-owned subsidiary of the licensee for appointment under section 4.3A.15A if satisfied that the appointment would not result in a person who is not currently an associate of the licensee becoming an associate of the licensee.

4.3A.15C Rights and obligations of wagering and betting operator

(1) The wagering and betting operator is authorised to conduct, subject to this Act and the regulations, the Racing Act 1958 and any conditions to which the wagering and betting licence is subject, any activities that the wagering and betting licensee is authorised to conduct under the licence.

(2) In conducting activities under the wagering and betting licence, the wagering and betting operator has all of the rights of the wagering and betting licensee, and is subject to all of the obligations of the wagering and betting licensee, under this Act, the regulations, the Racing Act 1958 and the licence (other than



8

an obligation of the licensee to pay an amount under Part 6 of this Chapter).

(3) If the wagering and betting operator performs any obligation of the wagering and betting licensee under this Act, the regulations, the Racing Act 1958 or the licence, the licensee's obligation is discharged.

(4) For the purposes of this Act—

(a) a reference in Part 6 of this Chapter to any totalisator, approved betting competition or approved simulated racing event conducted by the wagering and betting licensee includes a reference to any totalisator, approved betting competition or approved simulated racing event conducted by the wagering and betting operator; and

(b) a reference in section 4.6.6B to betting exchange commissions earned by the wagering and betting licensee includes a reference to betting exchange commissions earned by the wagering and betting operator.

(5) A reference in section 115(2)(ba) of the Liquor Control Reform Act 1998 to the holder of the wagering and betting licence includes a reference to the wagering and betting operator.".

13 Consequential amendments regarding wagering and betting operator



9

(1) In section 4.3A.26 of the Gambling Regulation Act 2003—

(a) in paragraphs (a) and (b), after "licensee" insert "or operator";

(b) in paragraph (c), for "licensee, or an associate of the licensee" substitute "licensee or operator, or an associate of the licensee or operator";

(c) in paragraphs (d), (e), (f) and (g), after "licensee" (wherever occurring) insert "or operator";

(d) in paragraph (i)—

(i) after "licensee" insert "or operator";

(ii) after "licensee's" insert "or operator's".

(2) In section 4.3A.27 of the Gambling Regulation Act 2003—

(a) in subsection (1)—

(i) after "licensee" (where first occurring) insert "and the wagering and betting operator";

(ii) after "licensee" (where secondly occurring) insert "and the operator";

(b) in subsections (2), (3)(a)(i) and (ii), (5), (6)(a) and (7), after "licensee" (wherever occurring) insert "or operator".

(3) In section 4.3A.28(1), (2) and (3) of the Gambling Regulation Act 2003, after "licensee" (wherever occurring) insert "or operator".

(4) In section 4.3A.29(1) of the Gambling Regulation Act 2003, for "licensee or an executive officer of the licensee" substitute

s. 13s. 13Part 5—Further Amendments and Repeals


10

"licensee or operator, or an executive officer of the licensee or operator,".

(5) In sections 4.3A.39A(1) and (2) and 4.3A.39B(1), (2) and (3) of the Gambling Regulation Act 2003, after "licensee" (wherever occurring) insert "or operator".

(6) In section 4.6.3(1A)(a) and (1B)(a) of the Gambling Regulation Act 2003 omit "or wagering operator".

14 Banking

After section 4.8.2(1A) of the Gambling Regulation Act 2003 insert—

"(1B) An account referred to in subsection (1A)(a)(i) or (ii) may, in addition to the amounts referred to in that subsection, contain any other amounts approved by the Commission.".

15 Definitions

In section 9A.1.1 of the Gambling Regulation Act 2003, insert the following definition—

"gaming machine services provider means a person listed on the Roll who supplies, or intends to supply, testing services to a venue operator that holds a gaming machine entitlement or the monitoring licensee;".

16 Authority conferred by a gaming industry employee's licence

In section 9A.1.2(1)(a) of the Gambling Regulation Act 2003, for "or a gaming operator"



11

substitute ", a monitoring licensee or a gaming machine services provider".

17 Gaming industry employees to be licensed

In section 9A.1.3(2) of the Gambling Regulation Act 2003, for "a gaming operator, a bingo centre operator or a licensee" substitute "a monitoring licensee, a bingo centre operator or a gaming machine services provider".

18 Appeal

In section 9A.1.7(4)(a)(ii) of the Gambling Regulation Act 2003, for "gaming operator or bingo centre operator" substitute "monitoring licensee, bingo centre operator or gaming machine services provider".

19 Termination of employment on suspension or cancellation of licence

In section 9A.1.16 of the Gambling Regulation Act 2003—

(a) for "gaming operator or bingo centre operator" substitute "monitoring licensee, bingo centre operator or gaming machine services provider";

(b) after "the operator" insert ", licensee or provider".

20 Compulsory training for certain gaming industry employees

In section 9A.1.18 of the Gambling Regulation Act 2003—

(a) in subsection (1), after "licensee" insert "or other person";

(b) in subsection (1A)(b), for "later." substitute "later;";

(c) after subsection (1A)(b) insert—



12

"(c) in the case of a person other than a licensee who is employed by a venue operator on or after the commencement of section 20 of the Gambling Legislation Amendment (Transition) Act 2012, within 6 months after the person commences to work in the gaming machine area of the approved venue.".

21 Schedule 1—Keno

For Part 1 of Schedule 1 to the Gambling Regulation Act 2003 substitute—

"PART 1—KENO

1.1 The accrediting of agents of the keno licensee to conduct keno games on behalf of the keno licensee and prescribing conditions governing the sale of tickets by those agents.

1.2 Prescribing requirements as to the conduct, monitoring and promotion of keno games.".

22 New Part 27 of Schedule 7 inserted

After Part 26 of Schedule 7 to the Gambling Regulation Act 2003 insert—

"PART 27—GAMBLING LEGISLATION AMENDMENT (TRANSITION) ACT 2012

27.1 Authority conferred by venue operator's licence until expiry of gaming operator's licences



13

(1) This clause applies until 15 August 2012.

(2) A venue operator that holds a gaming machine entitlement may supply an approved gaming machine acquired by the venue operator from a person listed on the Roll, and any restricted component in relation to the gaming machine, to a gaming operator.

(3) This clause applies despite anything to the contrary in section 3.4.1(2)(b), but is otherwise subject to this Act and any conditions to which a venue operator's licence is subject.

27.2 Authority conferred by gaming operator's licences until expiry of those licences

(1) This clause applies until 15 August 2012.

(2) A gaming operator's licence authorises the licensee and the operator to obtain from a venue operator that holds a gaming machine entitlement an approved gaming machine and any restricted component in relation to the gaming machine.

(3) This clause applies despite anything to the contrary in section 3.4.2(a), but is otherwise subject to this Act and any conditions to which a gaming operator's licence is subject.

Note

An approved gaming machine obtained under this clause may be used to conduct gaming at an approved venue: see section 3.4.2(d).

27.3 Expiry of gaming operator's licences

Despite the expiry of a gaming operator's licence or a gaming licence, the person who



14

held that licence must—

(a) discharge any obligation or liability (under contract or otherwise) that the person as a gaming operator owes to a person who has played a gaming machine operated by the gaming operator before the expiry of the licence; and

(b) comply with any requirement imposed on the person as a gaming operator by or under this Act or the licence before the expiry of the licence.

27.4 Expiry of wagering licence

Despite the expiry of the wagering licence, the person who held the licence must—

(a) discharge any obligation or liability (under contract or otherwise) that the person as the wagering operator owes to a person who has engaged in wagering and betting with the wagering operator before the expiry of the licence; and

(b) comply with any requirement imposed on the person as the wagering operator by or under this Act or the licence before the expiry of the licence.".

__________________



15

PART 3—AMENDMENTS TO THE GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009

23 Purposes. 23

See:Act No.29/2009and amendingAct No.60/2011. Statute Book:www.legislation.vic.gov.au

In section 1 of the Gambling Regulation Amendment (Licensing) Act 2009—

(a) in subsection (1)(d), after "machines" insert "and alternative cash access facilities";

(b) in subsection (2), after "machines" insert "and alternative cash access facilities".

24 Placement of automatic teller machines and alternative cash access facilities

In the heading to Division 5 of Part 4 of the Gambling Regulation Amendment (Licensing) Act 2009, after "machines" insert "and alternative cash access facilities".

25 Automatic teller machine and alternative cash access facility measures

In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, in the heading to proposed Subdivision 2 of Division 3 of Part 5 of Chapter 3 of the Gambling Regulation Act 2003, after "machine" insert "and alternative cash access facility".

26 Automatic teller machines and alternative cash access facilities prohibited in approved venues not on racecourses



16

(1) In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, in the heading to proposed section 3.5.33C of the Gambling Regulation Act 2003, after "machines" insert "and alternative cash access facilities".

(2) In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, after proposed section 3.5.33C(1) of the Gambling Regulation Act 2003 insert—

"(1A) A venue operator must not provide, or allow another person to provide on the venue operator's behalf, an alternative cash access facility in an approved venue that is not on a racecourse.

Penalty: 60 penalty units.".

27 Limiting placement of automatic teller machines and alternative cash access facilities on racecourses

In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009—

(a) in the heading to proposed section 3.5.33D of the Gambling Regulation Act 2003, after "machines" insert "and alternative cash access facilities";

(b) in proposed section 3.5.33D(1) of the Gambling Regulation Act 2003, after "teller machine" insert "or an alternative cash access facility".

28 Appeal

In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, in proposed section 3.5.33M(5) of the Gambling Regulation Act 2003, for 'against."' substitute "against.".



17

29 New section 3.5.33N inserted

In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, after proposed section 3.5.33M of the Gambling Regulation Act 2003 insert—

'3.5.33N No compensation payable

No compensation is payable by the State to any person because of the operation of this Subdivision.".'.

30 Casino Control Act 1991—automatic teller machine and alternative cash access facility measures

(1) In the heading to section 81 of the Gambling Regulation Amendment (Licensing) Act 2009, after "machine" insert "and alternative cash access facility".

(2) In section 81 of the Gambling Regulation Amendment (Licensing) Act 2009—

(a) in the heading to proposed section 81AAA of the Casino Control Act 1991, after "machines" insert "and alternative cash access facilities";

(b) in proposed section 81AAA(1) of the Casino Control Act 1991, after "machine" insert "or an alternative cash access facility".

__________________



18

PART 4—AMENDMENTS TO THE CASINO CONTROL ACT 1991

31 DefinitionsSee:Act No.47/1991.Reprint No. 8as at22 June 2011and amendingAct Nos29/2009, 84/2009, 74/2010 and 58/2011.LawToday:www.legislation.vic.gov.aus. 31

(1) In section 3(1) of the Casino Control Act 1991, insert the following definition—

"alternative cash access facility means a facility that—

(a) enables a person to debit his or her funds without a person employed or engaged by the casino enabling the debit of those funds; and

(b) issues a receipt or other authority requiring the casino to pay to that person cash representing the amount debited;".

(2) In section 3(1) of the Casino Control Act 1991, in the definition of cash facility, after paragraph (b) insert—

"(ba) an alternative cash access facility; or".

__________________



19

PART 5—FURTHER AMENDMENTS AND REPEALS

32 Definitions

In section 3.2A.1 of the Gambling Regulation Act 2003, in the definition of monitoring licensee, for "licence;" substitute "licence.".

33 Duty payable by licensee

In section 6A.4.2(2)(a) of the Gambling Regulation Act 2003, for "24.24%" substitute "24·24%".

34 Objectives of Commission

Section 140 of the Gambling Regulation Further Amendment Act 2009 is repealed.

35 Repeal of amending Act

This Act is repealed on 1 September 2013.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════



20

ENDNOTES

Endnotes


21

† Minister's second reading speech—

Legislative Assembly: 18 April 2012

Legislative Council: 24 May 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003, the Gambling Regulation Amendment (Licensing) Act 2009, the Casino Control Act 1991 and the Gambling Regulation Further Amendment Act 2009 and for other purposes."

Date post:	18-Feb-2019
Category:	Documents
Upload:	vuongkhue
View:	220 times
Download:	0 times

Gambling Legislation Amendment (Transition) Act 2012FILE/12-032a.docx · Web viewGambling...

Documents