Version No. 017 Gaming No. 2 Act 1997 - · PDF fileBingo equipment must comply with prescribed...

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Version No. 017 Gaming No. 2 Act 1997

Act No. 16/1997

Version incorporating amendments as at 26 April 2001

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Repealed 10 5. Application of Act 10 6. Calcutta Sweepstakes 11

PART 2—PROHIBITION ON LOTTERIES 14

7. Lotteries prohibited 14 8. Authorised raffles, lotteries etc. 14 9. Games at amusement centres, fetes, carnivals etc. 14 10. Offences in connection with illegal lotteries 15 11. Keeping a house etc. for purpose of a lottery 17 12. Participants in a lottery 17

PART 3—MINOR GAMING 19

Division 1—Community or Charitable Organisations 19

12A. Application to be declared as a community or charitable organisation 19

12B. Director may make declaration 19 12C. Provision of further information 20 12D. Can the applicant appeal? 20 12E. Authority to determine appeal 21 12F. Can a declaration be revoked? 21 12G. Authority may decide to revoke declaration 21 12H. Organisation may make submissions 22 12I. Revocation of declaration 22 12J. Appeal to Supreme Court 23

Division 2—Permits 24

Section Page

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13. Minor gaming permit 24 14. Application for minor gaming permit 24 15. Determination of application 25 16. Nominee of organisation 26 17. Duration of minor gaming permit 26

Division 3—General 27

18. Permit not required for raffle where prize value $5000 or less 27 19. Permit not required for some bingo sessions 27 20. No penalty for authorised activity 28 21. Minor gaming must be in accordance with permit etc. 28 22. Lucky envelopes must comply with prescribed standards 29 23. Lucky envelopes only to be supplied to permit holder 29 24. Bingo equipment must comply with prescribed standards 29 25. Bingo equipment only to be supplied to permit holder 30 26. Permit holder may contract with operator to conduct bingo 30

PART 4—TRADE PROMOTION LOTTERY PERMITS 32

27. No permit required if prize value $5000 or less 32 28. Application for permit to conduct a trade promotion lottery 32 28A. Nominee of holder of permit 33 29. Determination of application 34 30. Duration of permit 34 31. Offence 35 32. No penalty for authorised lottery 35

PART 5—BINGO CENTRES 36

Division 1—Bingo centre operators 36

33. Operator's licence 36 34. Application for operator's licence 36 35. Grounds for objection 37 36. Matters to be considered in determining applications 37 37. Investigation of application 39 38. Authority may require further information etc. 39 39. Updating of application 40 39A. Nominee of licensee 41 40. Issue and renewal of operator's licence 42 41. Effect of suspension 43 42. Licence document to be surrendered 43 43. Licence non-transferable 43 44. Amendment of conditions 44 45. Provisional operator's licence 44 46. Accounts 45 47. Returns to the Authority 46

Section Page

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48. On-going monitoring of associates 46 49. Gaming machines in bingo centres 48 50. Operator not to be venue operator or associate etc. 48

Division 2—Bingo employees 49

51. Employee's licence 49 52. Bingo employees to be licensed 49 52A. Operator may carry out certain employee duties 51 53. Application for employee's licence 51 54. Updating application 52 55. Director may require further information 52 56. Application to be investigated 53 57. Determination of application 53 58. Conditions of licence 55 59. Persons licensed under other Acts 55 60. Identification 56 61. Provisional employee's licence 56 62. Duration of employee's licence 57 63. Renewal of employee's licence 57 64. Effect etc. of suspension 58 65. Termination of employment on suspension or cancellation of

employee's licence 58

Division 3—General 58

66. Destruction of finger prints etc. 58 67. Costs of investigating applications 59

PART 6—Repealed 60

68–76. Repealed 60

PART 7—INSPECTORS 61

77. Rights of inspector in certain premises 61 78. Functions of inspectors 62 79. Powers of inspectors 62 80. Police have functions and powers of inspector 64 81. Search warrant 64 82. Return of items seized 66 83. Magistrates' Court may extend period 66 84. Protection against self-incrimination 66

PART 8—GENERAL 68

85. Refusal to issue licence or permit 68 86. Appeal against decision of Director 69

Section Page

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87. Review by Victorian Civil and Administrative Tribunal 69 88. Records 70 89. Banking 70 90. Amendment of conditions 71 91. Change in situation of holder of licence or permit or of associate 73 92. Cancellation etc. of licence or permit 73 93. False or misleading information 79 94. Infringement notice 80 95. Payment of penalty 80 96. Authority may hold inquiries 82 97. Representation 82 98. Evidence 82 99. Body corporate 84 100. Employees and agents 85 101. Partnerships and unincorporated associations 85 102. Forfeiture 86 103. Delegation 86 104. Secrecy 87 104A. Memorandum of understanding 90 105. Regulations 92

PART 9—MISCELLANEOUS AMENDMENTS 94

106. Principal Act 94 107. Substitution of section 12 94

12. Common gaming houses 94 108. Repeal 95 109. Insertion of new sections 51 to 58C 95

51. Declaration of common gaming house 95 52. Application for rescission by owner etc. 96 53. Application for rescission by police 97 54. Notice in the Government Gazette 97 55. Other notices of declaration 98 56. Persons found etc. in declared common gaming house 99 57. Convicted persons found in declared common gaming

house 100 58. No business to be carried on in declared common

gaming house 100 58A. Liability of owner 101 58B. Liability of occupier 101 58C. Continuing offences 102

110. Persons found in gaming house 102 111. Repeal of Schedule 102

PART 10—CONSEQUENTIAL AMENDMENTS 104

112. Amendment of the Lotteries Gaming and Betting Act 1966 104

Section Page

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113. Amendment of the Gaming and Betting Act 1994 104 114. Amendment of the Gaming Machine Control Act 1991 105 115. Amendment of the Casino Control Act 1991 106 116. Amendment of the Liquor Control Act 1987 107 117. Amendment of the Fundraising Appeals Act 1984 108 118. Amendment of the Casino (Management Agreement)

Act 1993 108 119. Amendment of the TT-Line Gaming Act 1993 108 120. Amendment of the Tobacco Act 1987 108 121. Repealed 107

PART 11—SAVING AND TRANSITIONAL PROVISIONS 109

122. Transitional 109 123. Saving 113 124. Transitional provisions—appeal periods 114

═══════════════

ENDNOTES 115

1. General Information 115

2. Table of Amendments 116

3. Explanatory Details 118

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Version No. 017

Gaming No. 2 Act 1997 Act No. 16/1997

Version incorporating amendments as at 26 April 2001

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to revise the law relating to the regulation, supervision and control of minor gaming with the aims of ensuring that—

(a) minor gaming is conducted honestly and is free from criminal influence and exploitation;

(b) activities authorised by a minor gaming permit issued under this Act benefit the community or charitable organisation to which the permit is issued;

(c) practices which could undermine public confidence in minor gaming are eliminated;

(d) bingo centre operators do not act unfairly in providing commercial services to community or charitable organisations.

2. Commencement

(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2) Section 114(1) is deemed to have come into operation on 3 June 1994.

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(3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does not come into operation before 31 March 1998, it comes into operation on that day.

3. Definitions

In this Act—

"amend", in relation to a permit or licence, includes amend or substitute or impose a condition on the permit or licence;

"amusement machine" means—

(a) any machine, device, contrivance or electronic apparatus operated for pecuniary consideration for the purpose of playing games which involve the activation or manipulation of the machine, device, contrivance or electronic apparatus to achieve a pre-set, programmed, designated or otherwise defined score, object or result; and

(b) any machine, device, contrivance or electronic apparatus prescribed as an amusement machine;

"associate", in relation to an operator, means—

(a) any person, body or association having a business association with the operator; or

(b) any director, partner, trustee, executive officer, secretary or any other officer or person determined by the Authority to be associated or connected with the ownership, administration or

s. 3

S. 3 def. of "amusement machine" inserted by No. 90/2000 s. 21(1).

S. 3 def. of "associate" inserted by No. 90/2000 s. 30.

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management of the operations or business of the operator under this Act or the Gaming Machine Control Act 1991;

"Authority" means the Victorian Casino and Gaming Authority established under the Gaming and Betting Act 1994;

"bank" means a bank within the meaning of the Banking Act 1959 of the Commonwealth or a bank constituted by a law of the State or of the Commonwealth;

"bingo" means the game of bingo or any similar game;

"bingo centre" means a house or place in which there is regularly conducted more than 7 sessions of bingo within a period of 7 consecutive days;

"bingo employee" means a natural person who is carrying out prescribed duties in a bingo centre;

"club" includes club, society or other association of persons by whatever name called and whether incorporated or unincorporated;

"community or charitable organisation" means an organisation declared to be a community or charitable organisation under Division 1 of Part 3;

"community purpose" means—

(a) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund

S. 3 def. of "community or charitable organisation" amended by No. 90/2000 s. 13(1)(a).

s. 3

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under section 24 of the Patriotic Funds Act 1958 or the fund or part of the fund of the Australian Red Cross Society; or

(b) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association;

"Director" means the Director of Gaming and Betting appointed under the Gaming and Betting Act 1994;

"employee's licence" means a licence issued by the Director under section 57;

"financial institution" means—

(a) a bank; or

(b) a credit union within the meaning of the Financial Institutions (Victoria) Act 1992; or

(c) a friendly society within the meaning of the Friendly Societies Act 1986;

(d) a building society within the meaning of the Financial Institutions (Victoria) Act 1992;

"fundraising function" means a function conducted by a community or charitable organisation for the purpose of raising money for the organisation and at which unlawful games are played;

"gaming" includes playing games for a wager or stake of money or a valuable thing and also betting on the sides or hands of those who play at games but does not include playing an interactive game within the meaning of the Interactive Gaming (Player Protection) Act 1999;

s. 3

S. 3 def. of "gaming" amended by No. 41/1999 s. 77(a).

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"gross receipts", in relation to a bingo game or a session of bingo games, means the total amount paid by players in that game or session for tickets;

"infringement" means an offence against this Act that is prescribed for the purposes of section 94;

"inspector" means an inspector appointed under Part 10 of the Gaming and Betting Act 1994;

"instrument of gaming" includes—

(a) a document; or

(b) playing cards, dice, balls, coins, tokens or counters; or

(c) a card, list, money, paper, record, sheet, table, ticket or other writing; or

(d) a mechanical, electrical, telephonic, electronic or other equipment or device or access to such equipment or device; or

(e) a board, chart or screen; or

(f) any form or means of recording, storing or transmitting information or data—

used, apparently used or capable of being used in carrying on or in connection with betting or gaming;

"licensed premises" has the same meaning as in the Liquor Control Reform Act 1998;

"lottery" includes—

s. 3

S. 3 def. of "licensed premises" amended by No. 74/2000 s. 3(Sch. 1 item 55).

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(a) any scheme by which prizes of money or of any other property, matter or thing are, or are proposed to be, drawn or won by lot, dice or any other mode of chance or by reference to any event or contingency dependent on chance; or

(b) any scheme in which any such prizes are, or are proposed to be, given and in which at any stage the persons eligible to receive the prizes or to participate further in the scheme are, or are to be, determined by lot, dice or any other mode of chance or by reference to any event or contingency dependent on chance despite that at an earlier or later stage a test of knowledge or skill is or may be required to be passed by any person in order to qualify him or her to receive a prize or to participate further in the scheme—

whether the scheme is real or pretended or is established or conducted, or intended or proposed to be established or conducted, and in any case whether wholly or partly in Victoria or elsewhere, but does not include any distribution of property or money or raffle such as is referred to in section 5;

"lucky envelope" means a ticket in a lottery in which the tickets which entitle the holders to claim a prize have been determined and announced before the commencement of the sale of tickets in the lottery;

s. 3

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"lucky envelope vending machine" means a machine, device or contrivance that is constructed to dispense lucky envelopes by an operation that involves the insertion in the machine, device or contrivance of a coin, token or similar object but does not include a gaming machine within the meaning of the Gaming Machine Control Act 1991 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;

"money" includes bank notes, bank drafts, cheques and any order, warrant, authority or request for the payment, collection or receipt of money;

"newspaper" includes a newspaper printed in any part of the Commonwealth;

"nominee" means—

(a) in relation to a minor gaming permit, the natural person nominated by a community or charitable organisation and approved by the Director in accordance with section 16;

(b) in relation to a permit under Part 4, the natural person nominated by a body corporate and approved by the Director in accordance with section 28A;

(c) in relation to an operator's licence, the natural person nominated by a body corporate and approved by the Authority in accordance with section 39A;

S. 3 def. of "lucky envelope vending machine" amended by No. 41/1999 s. 77(b).

S. 3 def. of "nominee" inserted by No. 90/2000 s. 30.

s. 3

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"notice" includes advertisement, sign and notification;

"operator", in relation to a bingo centre, means the person who has the management or control of the bingo centre;

"operator's licence" means a licence to operate a bingo centre issued by the Authority under section 40;

"organisation" includes body corporate, unincorporated association and partnership;

"person" includes a body or association (corporate or unincorporated) and a partnership;

"political party" means a political party registered under—

(a) The Constitution Act Amendment Act 1958; or

(b) the Commonwealth Electoral Act 1918 of the Commonwealth; or

(c) a law of another State or Territory of the Commonwealth corresponding to a law referred to in paragraphs (a) and (b);

"raffle"—

(a) means any lottery by which any property, matter or thing (not including money, stocks or shares or any warrant, order or security for the payment of money) is assigned by the drawing of lots or by any other method of chance to one or more of a number of persons each of whom has paid a certain sum

S. 3 def. of "operator" amended by No. 90/1998 s. 31(1).

S. 3 def. of "political party" substituted by No. 90/2000 s. 13(1)(b).

s. 3

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for a chance of taking or participating in such assignment; and

(b) despite paragraph (a), includes any lottery in which money is assigned if—

(i) the money is part of a prize which includes travel or accommodation or both; and

(ii) the value of the money assigned does not exceed 10% of the total value of the prize or any other amount that is approved by the Authority in writing in a particular case;

"random number generator" means a machine or device that is so designed that it may be used to select random numbers;

"sporting contingency" includes any event or contingency of or relating to a horse race or other race, fight, game, sport or exercise;

"ticket" includes any document or thing purporting to be, or usually or commonly known as, a ticket or giving, or purporting to give, or usually or commonly understood to give, any right, title, chance, share, interest, authority or permission in or in connection with a lottery, or intended or proposed lottery, or any game;

"trade or business", in relation to a community or charitable organisation, includes the conduct of a trade or business of promoting a community or charitable purpose of the organisation;

"unlawful game" means a game declared to be an unlawful game by section 11 of the Lotteries Gaming and Betting Act 1966.

s. 3

S. 3 def. of "trade or business" inserted by No. 90/2000 s. 8(1).

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* * * * *

5. Application of Act

(1) Neither this Act nor any other Act for the prevention of lotteries or unlawful games applies to any of the following—

(a) the distribution of property among its owners if—

(i) the property is capable of being fairly apportioned among all the owners; and

(ii) the property is proposed to be apportioned equally so far as practicable among all the owners;

(b) a scheme—

(i) which is not for the promotion of a trade or business; and

(ii) in which all participation is gratuitous;

(c) a private raffle among persons engaged in common employment under the same employer if—

(i) the net proceeds of the raffle are intended to be appropriated to the provision of amenities for persons in that employment; and

(ii) the value of the prize does not exceed $5000;

(d) a competition based on predicting the results of a sporting event or to a sweepstake if the competition or sweepstake—

(i) is not of a commercial nature; and

S. 4 repealed by No. 90/2000 s. 13(2).

s. 5

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(ii) does not result in the distribution of prizes having a total value of more than $5000;

(e) a consultation or soccer football pool within the meaning of the Tattersall Consultations Act 1958 which is conducted under and in accordance with that Act;

(f) a club keno game within the meaning of the Club Keno Act 1993 which is conducted under and in accordance with that Act;

(g) a game within the meaning of the Casino Control Act 1991 or the Gaming Machine Control Act 1991 which is played under and in accordance with the relevant Act;

(h) an approved betting competition within the meaning of the Gaming and Betting Act 1994 which is conducted under and in accordance with that Act;

(i) a Calcutta Sweepstake conducted by a club if the club is authorised by an approval issued under section 6 and the conditions of the approval are observed;

(j) a public lottery within the meaning of the Public Lotteries Act 2000 conducted under and in accordance with that Act.

6. Calcutta Sweepstakes

(1) A club may apply to the Minister for approval to conduct Calcutta Sweepstakes.

(2) An application must be accompanied by the prescribed fee.

(3) The Minister may issue an approval under this section and for that purpose may take into account any matter that the Minister considers relevant.

S. 5(1)(j) inserted by No. 73/2000 s. 99(2).

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(4) Without limiting sub-section (3), the Minister may consider—

(a) whether the club is conducted in good faith; and

(b) whether the club has contravened any law relating to gaming or betting; and

(c) the types of sporting contingency on which the club wishes to conduct Calcutta Sweepstakes.

(5) An approval is subject to the following conditions—

(a) the Calcutta Sweepstakes may be conducted only with respect to sporting contingencies;

(b) subscriptions may be canvassed or made only on the club premises;

(c) participation must be limited to members and their guests;

(d) not more than 5% of the proceeds of each sweepstake may be retained by the club for its expenses of conducting the sweepstake and the whole of the remainder must be distributed as prizes among the participants;

(e) no written notice or advertisement of a Calcutta Sweepstake may be exhibited, distributed or published except a notice exhibited on the premises of the club and a circular to members advising of the intention to conduct the sweepstake;

(f) a Calcutta Sweepstake must be conducted in accordance with the regulations (if any);

(g) any other conditions that the Minister thinks fit.

s. 6

S. 6(5)(f) amended by No. 97/1998 s. 37.

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(6) An approval under this section is not transferable to any other club.

(7) The Minister may suspend or revoke an approval for any just and reasonable cause stated in writing.

(8) Without limiting sub-section (7), the Minister may suspend or revoke an approval if the holder of the approval has contravened this Act, the Lotteries Gaming and Betting Act 1966, the regulations made under either Act or a condition of the approval.

_______________

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PART 2—PROHIBITION ON LOTTERIES

7. Lotteries prohibited

(1) Every lottery is declared by this section to be a common nuisance and contrary to law.

(2) A person must not—

(a) establish or conduct or assist in establishing or conducting a lottery; or

(b) be a partner in a lottery; or

(ba) allot any prize of money or any prize of which money forms a part or which is redeemable for money by means of an amusement machine in an amusement centre, tourist centre or recreational centre; or

(c) subject to section 9, under any pretence or by means of any device sell or dispose of or endeavour to sell or dispose of any property of any kind or allot any prize of money by means of a game of chance or a game of mixed skill and chance.

Penalty: 100 penalty units.

8. Authorised raffles, lotteries etc.

A person does not commit an offence against this Part in respect of anything done by that person for the purposes of a raffle, lottery or other activity authorised by or under this or any other Act.

9. Games at amusement centres, fetes, carnivals etc.

A person does not commit an offence against section 7(2)(c) if—

(a) the person, by means of a device or game and in accordance with the prescribed standards and conditions, sells or disposes of, or endeavours to sell or dispose of,

s. 7

S. 7(2)(ba) inserted by No. 90/2000 s. 21(2).

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property or allots any prize of money at an amusement centre, tourist centre or recreational centre, fete, fair, bazaar, carnival, gymkhana or similar function; and

(b) the value of the property or money to which each participant is entitled at each attempt does not exceed $50.

10. Offences in connection with illegal lotteries


(a) publish or exhibit; or

(b) cause or permit to be published or exhibited—

in a newspaper or broadcast telecast or on a notice or by electronic means or otherwise any information relating to a lottery.


(2) A person must not sell, dispose of, circulate, distribute or exhibit a newspaper containing any information relating to a lottery.


(3) A person must not permit or allow the printing or publication in a newspaper of which the person is registered as the proprietor, printer or publisher any information relating to a lottery.


(4) A person must not permit or allow the publication in—

(a) a broadcast telecast; or

(b) an exhibition of a film—

s. 10

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under the management or control of the person of any information relating to a lottery.



(a) exhibit; or

(b) permit or allow to be exhibited; or

(c) assist in exhibiting—

in, on or about any land, building or premises a document containing any information relating to a lottery.


(6) A person must not print a ticket in a lottery.



(a) sell or dispose of; or

(b) offer for sale or disposal; or

(c) buy or pay for; or

(d) deliver; or

(e) give; or

(f) knowingly receive; or

(g) accept—

a ticket in a lottery.


(8) It is a defence to a prosecution for an offence against sub-section (7)(d) to prove that there was and is no consideration for the delivery.

(9) A person must not, for payment or otherwise—

(a) forward; or

s. 10

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(b) receive for forwarding—

whether directly or indirectly, a packet, parcel or money relating to a lottery to a person—

(c) establishing or conducting the lottery; or

(d) assisting in establishing or conducting the lottery.


11. Keeping a house etc. for purpose of a lottery

(1) A person must not keep a house or place for the purpose of conducting a lottery there, whether the house or place is used for any other purpose.


(2) A person must not knowingly allow a lottery to be conducted in a house or place kept by the person.


12. Participants in a lottery


(a) participate in a lottery; or

(b) contribute any money or other valuable property or thing to a sale or disposition of property by way of lottery.


(2) A person must not receive, or cause to be received, any money or other valuable property or thing in consideration of the payment, transfer or gift of any money or other valuable property or

s. 11

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thing in the event that a ticket or chance in a lottery will win a prize.


(3) A person must not, whether with or without consideration and whether or not deception or fraud is involved, promise or agree—

(a) to pay, transfer or give any money or other valuable property or thing for the benefit of a person; or

(b) to do or forbear doing anything for the benefit of a person—

on an event or contingency relating to the result of a lottery.


_______________

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PART 3—MINOR GAMING

Division 1—Community or Charitable Organisations

12A. Application to be declared as a community or charitable organisation

(1) A person or club may apply to the Director to be declared a community or charitable organisation.

(2) An application under sub-section (1) must—

(a) be in or to the like effect of the form approved by the Director; and

(b) be accompanied by the prescribed fee (if any).

12B. Director may make declaration

(1) For the purposes of this Act, the Director, by instrument, may declare an organisation to be a community or charitable organisation if the Director is satisfied that the organisation is conducted in good faith for—

(a) a purpose referred to in paragraph (a) of the definition of "community purpose"; or

(b) the purposes of any sporting or recreational club or association of a prescribed kind; or

(c) the purposes of a political party.

(2) In determining whether to make a declaration under sub-section (1), the Director may have regard to any matter which he or she considers relevant, including but not limited to—

Pt 3 (Heading) amended by No. 90/2000 s. 14(1).

Pt 3 Div. 1 (Heading and ss 12A–12J) inserted by No. 90/2000 s. 15.

S. 12A inserted by No. 90/2000 s. 15.

s. 12A

S. 12B inserted by No. 90/2000 s. 15.

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(a) the conduct of fundraising or minor gaming activities by the applicant;

(b) the conduct of any person directly or indirectly associated with the applicant.

(3) The Director—

(a) must either—

(i) declare the applicant to be a community or charitable organisation for the purposes of this Act; or

(ii) refuse the application; and

(b) must notify the applicant in writing accordingly.

(4) If the Director refuses an application, the Director may include reasons for that refusal in the written notification under sub-section (3).

12C. Provision of further information

(1) If the Director so requests in writing, an applicant must provide to the Director any information or documents specified by the Director, including written authority to a financial institution, to enable the Director to determine whether to make a declaration under this Division.

(2) The Director may refuse to decide an application for a declaration until the information required under sub-section (1) has been provided.

12D. Can the applicant appeal?

(1) If the Director refuses an application for a declaration under this Division, the applicant may appeal against the decision to the Authority within 28 days of notification of the refusal under section 12B.

S. 12C inserted by No. 90/2000 s. 15.

s. 12C

S. 12D inserted by No. 90/2000 s. 15.

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(2) An appeal must—

(a) be in writing; and

(b) specify the grounds on which it is made.

12E. Authority to determine appeal

(1) After consideration of an appeal made under section 12D, the Authority may—

(a) confirm the Director's decision; or

(b) order the Director to make a declaration under this Division.

(2) The decision of the Authority under this section—

(a) must be notified in writing to the Director and the applicant; and

(b) may include the reasons for its decision.

12F. Can a declaration be revoked?

A declaration under this Division—

(a) may only be revoked in accordance with this Division; and

(b) may be renounced by the community or charitable organisation to which it applies by notice in writing given to the Director.

12G. Authority may decide to revoke declaration

(1) If the Authority considers that there is a ground for revoking the declaration made under this Division in respect of a community or charitable organisation, the Authority may give that organisation written notice offering the organisation an opportunity to show cause, within a specified period, being not less than 28 days, as to why the declaration should not be revoked on the ground specified in the notice.

S. 12E inserted by No. 90/2000 s. 15.

s. 12E

S. 12F inserted by No. 90/2000 s. 15.

S. 12G inserted by No. 90/2000 s. 15.

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(2) The Authority may give notice to revoke a declaration under this Division on any of the following grounds—

(a) that it is not in the public interest for that organisation to continue to be declared for the purposes of the Act;

(b) if the organisation is an unincorporated club, that the club is substantially and materially different from the club in respect of which the declaration was made;

(c) any other ground which the Authority thinks fit.

(3) The Authority may give notice under sub-section (1) of its own motion or on the recommendation of the Director.

12H. Organisation may make submissions

A community or charitable organisation which receives a notice under section 12G may arrange with the Authority for the making of submissions to the Authority as to why the declaration made under this Division in respect of that organisation should not be revoked and the Authority must consider any submission so made.

12I. Revocation of declaration

(1) The Authority may revoke a declaration made under this Division in respect of a community or charitable organisation if—

(a) after considering any submission made by the organisation, the Authority determines that the grounds for the revocation still exist; or

(b) the organisation does not respond to the notice given under section 12G within the time specified in the notice.

S. 12H inserted by No. 90/2000 s. 15.

s. 12H

S. 12I inserted by No. 90/2000 s. 15.

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(2) The Authority must—

(a) give written notice to the organisation that the declaration under this Division in respect of that organisation is revoked; and

(b) specify in the notice that the revocation takes effect from the date of the notice or on a later date specified in that notice.

12J. Appeal to Supreme Court

(1) A person or organisation which receives—

(a) written notice of the decision of the Authority under section 12E; or

(b) written notice under section 12I of the revocation of a declaration under this Division—

may appeal to the Supreme Court against that decision or revocation.

(2) An appeal under this section must be made within 21 days after receipt of the notification of the decision or revocation by the appellant.

(3) The Supreme Court, on an appeal under this section, if satisfied that proper grounds for making the decision or revocation did not exist—

(a) may quash or vary the decision or revocation, either conditionally or unconditionally and with effect from the date of the decision or revocation or some other date; and

(b) may make any other order, including consequential or ancillary orders.

(4) Except as provided in this section, a decision of the Authority under this Division or a revocation of a declaration by the Authority under this

S. 12J inserted by No. 90/2000 s. 15.

s. 12J

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Division may not be challenged or called into question.

Division 2—Permits

13. Minor gaming permit

Despite section 7, a minor gaming permit authorises the holder of the permit (being a community or charitable organisation), subject to this Act and any conditions to which the permit is subject—

(a) to conduct a raffle; or

(b) to conduct a session or sessions of bingo games; or

(c) to sell lucky envelopes; or

(d) to conduct a fundraising function—

as specified in the permit.

14. Application for minor gaming permit

(1) An organisation which—

(a) is a community or charitable organisation; or

(b) is seeking a declaration under Division 1 of this Part—

may apply to the Director for a minor gaming permit.

(2) An application for a minor gaming permit must—


Pt 3 Div. 2 (Heading) inserted by No. 90/2000 s. 15.

s. 13

S. 14(1)(b) amended by No. 90/2000 s. 16(1).

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(b) specify the activity which the organisation wishes to conduct under the permit and the proposed date of the activity; and

(c) nominate a natural person aged 18 years or more to be responsible under this Act, the regulations and the permit for the conduct of the activity; and

(d) include the consent of the nominee to his or her nomination; and

(e) be accompanied by the prescribed fee in respect of that activity; and

(f) be lodged with the Director not less than 21 days (or any shorter period allowed by the Director in a particular case) before the day on which the activity is proposed to commence.

15. Determination of application

(1) The Director must determine an application for a minor gaming permit having regard to—

(a) whether the applicant is a community or charitable organisation; and

(b) whether the person nominated by the applicant is of good repute and character.

(2) The Director must either issue a minor gaming permit to the applicant or refuse the application and must notify the applicant in writing accordingly.

(3) A minor gaming permit is subject to—

(a) the prescribed conditions in respect of the activity authorised by the permit; and

(b) any other conditions the Director may impose.

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16. Nominee of organisation

(1) On the issue of a minor gaming permit to a community or charitable organisation, the natural person nominated by the organisation is responsible on behalf of the organisation for the conduct of the activity specified in the permit and is liable under this Act as holder of the permit.

(2) If a nominated person resigns, is dismissed or leaves the community or charitable organisation—

(a) the organisation must nominate another natural person within 7 days (or any longer period allowed by the Director in a particular case) after the resignation, dismissal or leaving; and

(b) the directors of the organisation or the members of the managing committee of the organisation (as the case may be) are severally liable under this Act as holder of the permit until such time as another person is nominated and approved by the Director.

(3) The liability of the holder of a minor gaming permit is not limited under this Act by the nomination and approval of its nominee except in respect of a contract entered into under section 26.

17. Duration of minor gaming permit

A minor gaming permit remains in force for the period not exceeding 2 years specified in the permit, unless sooner cancelled or surrendered.

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Division 3—General

18. Permit not required for raffle where prize value $5000 or less

Despite the provisions of this Act or any other Act, a person aged 18 years or more may conduct a raffle without a minor gaming permit if—

(a) the value of the prize does not exceed $5000; and

(b) the person complies with any conditions prescribed for the purposes of this section; and

(c) the net proceeds of the raffle are to be paid into a separate account at a financial institution, being an account in the name of a community or charitable organisation to be used exclusively for—

(i) a purpose coming within paragraph (a) of the definition of "community purpose"; or

(ii) the purposes of any sporting or recreational club or association of a prescribed kind; or

(iii) the purposes of a political party.

19. Permit not required for some bingo sessions

A minor gaming permit is not required to conduct a session of bingo games if—

(a) no fee is charged, directly or indirectly, to participate in the games; or

Pt 3 Div. 3 (Heading) inserted by No. 90/2000 s. 14(2).

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(b) the whole of the gross receipts from the session of bingo games is distributed as prizes during that session.

20. No penalty for authorised activity

(1) Nothing in this Act or any other Act renders a person liable to a penalty in respect of any act or thing done by that person—

(a) in furtherance of an activity authorised by or under this Part; and

(b) in accordance with this Act, the regulations and the conditions, if any, of that authorisation.

(2) Despite the provisions of this or any other Act or any law, the playing of an unlawful game is lawful when the game is conducted in accordance with the provisions of this Act.

(3) The conduct of an unlawful game in accordance with this Act, the regulations and the conditions of the minor gaming permit is not a public or private nuisance.

(4) The premises at which an unlawful game is played in accordance with a minor gaming permit is not a common gaming house for the purposes of the Lotteries Gaming and Betting Act 1966.

21. Minor gaming must be in accordance with permit etc.

A person must not—

(a) conduct or assist in the conduct of a raffle; or

(b) conduct or assist in the conduct of a session of bingo games; or

(c) sell or assist in the sale of lucky envelopes; or

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(d) conduct or assist in the conduct of a fundraising function—

otherwise than in accordance with this Act, the regulations and the conditions, if any, of the minor gaming permit issued in respect of that activity.

Penalty: 20 penalty units for a first offence.

50 penalty units for a second or subsequent offence.

22. Lucky envelopes must comply with prescribed standards

(1) A person must not supply lucky envelopes which do not comply with the prescribed standards.


(2) The holder of a minor gaming permit must not sell (whether by a lucky envelope vending machine or otherwise) lucky envelopes which do not comply with the prescribed standards.


23. Lucky envelopes only to be supplied to permit holder

A person must not supply lucky envelopes to a person or organisation that does not hold a minor gaming permit authorising the sale of lucky envelopes.


24. Bingo equipment must comply with prescribed standards

(1) A person must not supply bingo tickets which do not comply with the prescribed standards.


s. 22

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(2) A person must not supply a random number generator for use in the playing of bingo which does not comply with the prescribed standards.


(3) The holder of a minor gaming permit or the operator of a bingo centre must not use in the playing of bingo—

(a) a bingo ticket; or

(b) a random number generator—

which does not comply with the prescribed standards.


25. Bingo equipment only to be supplied to permit holder

A person must not supply—

(a) bingo tickets; or

(b) a random number generator for use in the playing of bingo—

to a person or organisation that does not hold a minor gaming permit authorising the conduct of a session or sessions of bingo games.


26. Permit holder may contract with operator to conduct bingo

(1) The holder of a minor gaming permit authorising the conduct of a session or sessions of bingo games may enter into an agreement with the holder of an operator's licence for the conduct by the operator of bingo sessions at a bingo centre on behalf of the permit holder.

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(2) The agreement must provide for—

(a) compliance by the operator with all relevant provisions of this Act;

(b) the submission to the Director of periodic audited statements as required by or under this Act;

(c) the retention of records as required by this Act;

(d) the provision to the permit holder of a copy of all documents submitted on its behalf to the Director by the operator;

(e) the fees, not exceeding 2% of the gross receipts for each session of bingo, to be paid to the operator in addition to the amount, which is the prescribed percentage of those gross receipts, paid for the expenses of a session of bingo games.

(3) The agreement may contain any other provisions that are not inconsistent with this Act.

(4) The permit holder must—

(a) give the Director a copy of an agreement entered into under this section; and

(b) notify the Director of the termination of the agreement.

(5) If an agreement is entered into under this section, the operator is solely liable under this Act in all respects as if it were the permit holder.

_______________

s. 26

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PART 4—TRADE PROMOTION LOTTERY PERMITS

27. No permit required if prize value $5000 or less

Despite the provisions of this Act or any other Act, a person may conduct a lottery for the promotion of a trade or business without a permit under this Part if—

(a) the total value of the prizes does not exceed $5000; and

(b) the person complies with the conditions, if any, prescribed for the purposes of this section.

28. Application for permit to conduct a trade promotion lottery

(1) A person may apply to the Director for a permit to conduct a lottery for the promotion of a trade or business.

(2) An application for a permit must—


(b) include the consent to the application of the trade or business to be promoted by the lottery; and

(c) be accompanied by the prescribed fee; and

(d) be lodged with the Director not less than 28 days (or any shorter period allowed by the Director in a particular case) before the day on which entry in the lottery is proposed to commence.

s. 27

S. 28(1) amended by Nos 30/1998 s. 3(a), 90/1998 s. 29.

S. 28(2)(a) amended by No. 30/1998 s. 3(a).

S. 28(2)(d) amended by No. 30/1998 s. 3(a).

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28A. Nominee of holder of permit

(1) If a permit under this Part is granted to a body corporate, the body corporate must nominate a natural person approved by the Director to be responsible as the holder of the permit on behalf of the body corporate and a person so nominated and approved is liable under this Act as the holder of the permit.

(2) If the body corporate has not nominated a person under sub-section (1) or if a person so nominated has resigned, or been dismissed, or is otherwise unable for any reason to carry out the duties of the holder of a permit, the directors of the body corporate are severally liable under this Act as the holder of the permit until such time as a natural person or another natural person (as the case may be) is nominated and approved by the Director.

(3) The Director may refuse to approve a person nominated under this section unless satisfied that the person nominated is a suitable person to be concerned in or associated with the promotion of the trade or business to which the permit relates.

(4) In particular, the Director must consider whether the person nominated is of good repute, having regard to character, honesty and integrity.

(5) The Director must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision.

(6) The nomination and approval by the Director of a person under this section does not limit the liability of the holder of the permit under this Act whilst that person is a nominee.


s. 28A

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(1) The Director must determine an application for a permit under this Part having regard to—

(a) whether the applicant is of good repute, having regard to character, honesty and integrity; and

(b) whether the trade or business to be promoted by the lottery—

(i) is conducted in good faith; and

(ii) produces or sells a product or service other than a lottery or promotes a community or charitable purpose.

(1A) Despite sub-section (1)(b)(ii), the Director may issue a permit to conduct a lottery to promote a public lottery that is authorised by a licence issued under the Public Lotteries Act 2000.

(2) The Director must either issue a permit to the applicant or refuse the application and must notify the applicant in writing accordingly.

(3) A permit is subject to the prescribed conditions and any other conditions the Director may impose.

30. Duration of permit

A permit remains in force, unless sooner cancelled or surrendered, for a period of 1 year or any other period determined by the Director on the issue of the permit.

s. 29

S. 29(1) amended by No. 30/1998 s. 3(b).

S. 29(1)(b)(ii) amended by No. 90/2000 s. 8(2).

S. 29(1A) inserted by No. 73/2000 s. 99(3).

S. 29(2) amended by No. 30/1998 s. 3(b).

S. 29(3) amended by No. 30/1998 s. 3(b).

S. 30 amended by No. 30/1998 s. 3(c).

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31. Offence

(1) A person must not conduct, or assist in the conduct of, a lottery for the promotion of a trade or business other than in accordance with this Act, the regulations and the conditions, if any, of the permit authorising the lottery.



(2) A person who is the employer of a person who, in the course of his or her employment, is the holder of permit under this Part must ensure that the lottery for the promotion of a trade or business to which that permit relates is conducted in accordance with this Act, the regulations and the conditions (if any) of that permit.



32. No penalty for authorised lottery

Nothing in this Act or any other Act renders a person liable to a penalty in respect of any act or thing done by that person—

(a) in furtherance of a lottery for the promotion of a trade or business being a lottery the conduct of which is authorised by or under this Part; and

(b) in accordance with this Act, the regulations and the conditions, if any, of that authorisation.

_______________

S. 31 amended by No. 90/2000 s. 24(1) (ILA s. 39B(1)).

s. 31

S. 31(2) inserted by No. 90/2000 s. 24(1).

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PART 5—BINGO CENTRES

Division 1—Bingo centre operators

33. Operator's licence

The operator of a bingo centre must hold an operator's licence.


34. Application for operator's licence

(1) The operator of a bingo centre may apply to the Authority for an operator's licence.

(2) An application for a licence must be made in or to the effect of the form approved by the Authority and must be accompanied by the prescribed fee.

(3) The Authority may request the applicant to provide any additional information.

(4) Within 14 days of an application, an applicant must send a copy of the application to the relevant responsible authority within the meaning of the Planning and Environment Act 1987.

(5) Within 14 days of an application, the applicant must cause to be published in a newspaper circulating in the area and in a newspaper circulating generally in Victoria a notice containing the prescribed information and a statement that any person may object to the grant of the licence by giving notice in writing to the Authority within 28 days of the date of publication and stating the grounds for the objection.

(6) If a requirement made by this section is not complied with, the Authority may refuse to consider the application.

s. 33

S. 34(5) amended by No. 90/2000 s. 19(a).

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35. Grounds for objection

(1) A person may object to the grant of an operator's licence on any of the following grounds—

(a) that the applicant or an associate of the applicant is not of good repute having regard to character, honesty and integrity;

(b) that the applicant or an associate of the applicant has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity;

(c) that a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the business of the applicant under this Act or the Gaming Machine Control Act 1991 is not a suitable person to act in that capacity.

(2) The relevant authority may submit to the Authority a report on the application within 14 days of the date of receipt of the copy of the application.

(3) The Authority must consider every objection and report so made.

36. Matters to be considered in determining applications

(1) The Authority must not grant an application for an operator's licence unless satisfied that—

(a) the applicant and each associate of the applicant is a suitable person to be concerned in the management and operation of a bingo centre; and

s. 35

S. 35(1)(a) amended by No. 90/1998 s. 31(2).

S. 35(1)(b) amended by No. 90/1998 s. 31(2).

S. 36(1)(a) amended by No. 90/1998 s. 31(3)(a).

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(b) the applicant's premises are, or on the completion of building works will be, suitable for a bingo centre.

(2) In particular, the Authority must consider whether—

(a) the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity;

(b) the applicant and each associate of the applicant is of sound and stable financial background;

(ba) if the applicant is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;

(c) the applicant or an associate of the applicant has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources;

(d) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Authority to be associated or connected with the ownership, administration or management of the operations or business of the applicant under this Act or the Gaming Machine Control Act 1991 is a suitable person to act in that capacity;

(e) the size, layout and facilities of the applicant's premises are or will be suitable;

(f) the proposed security arrangements are or will be adequate.

S. 36(2)(a) amended by No. 90/1998 s. 31(3)(b).

S. 36(2)(b) amended by No. 90/1998 s. 31(3)(b).

S. 36(2)(ba) inserted by No. 90/1998 s. 31(3)(c).

S. 36(2)(c) amended by No. 90/1998 s. 31(3)(d).

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37. Investigation of application

(1) On receiving an application for an operator's licence, the Authority must cause to be carried out all investigations and inquiries that it considers necessary to enable it to consider the application properly.

(2) If the Authority is investigating a person in relation to the person's suitability to be concerned in or associated with the management or operation of a bingo centre, the person is required to consent to having his or her photograph, finger prints and palm prints taken by the Authority.

(3) The Authority must refer a copy of—

(a) the application; and

(b) any photograph, finger prints and palm prints; and

(c) any supporting documentation—

to the Chief Commissioner of Police.

(4) The Chief Commissioner of Police and the Director must inquire into and report to the Authority on any matters concerning the application that the Authority requests.

(5) The Authority may refuse to consider an application for an operator's licence if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.

38. Authority may require further information etc.

(1) The Authority may, by notice in writing, require a person who is an applicant for an operator's

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licence or a person whose association with the applicant is, in the opinion of the Authority, relevant to the application to do any one or more of the following—

(a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice;

(b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;

(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b);

(d) to furnish to the Authority any authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information) concerning the person from other persons.

(2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned.

39. Updating of application

(1) If a change occurs in the information provided in or in connection with an application for an operator's licence (including in any documents lodged with the application), before the application is granted or refused, the applicant must without delay give the Authority written particulars of the change.

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(1A) If—

(a) the Authority requires information (including information in any records) from a person referred to in section 38(1) whose association with the applicant for an operator's licence is, in the opinion of the Authority, relevant to the application; and

(b) a change occurs in that information before the application is granted or refused—

that person must without delay give the Authority written particulars of the change.


(2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of sub-section (1) or sub-section (1A) to any further change in the information provided.

39A. Nominee of licensee

(1) If an operator's licence is granted to a body corporate, the body corporate must nominate a natural person approved by the Authority to be responsible as licensee on behalf of the body corporate and a person so nominated and approved is liable under this Act as licensee.

(2) If the body corporate has not nominated a person under sub-section (1) or if a person so nominated has resigned or been dismissed or has ceased to manage or control a bingo centre to which the licence relates, the directors of the body corporate are severally liable under this Act as licensee until such time as a natural person or another natural person (as the case may be) is nominated and approved by the Authority.


S. 39(2) amended by No. 90/2000 s. 31(2).


s. 39A

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(3) The Authority may refuse to approve a person nominated under this section unless satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of a bingo centre.

(4) In particular, the Authority must consider whether—

(a) the person nominated and each associate of the person nominated is of good repute, having regard to character, honesty and integrity;

(b) each person is of sound and stable financial background;

(c) any of those persons has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources.

(5) Sections 37, 38 and 39 apply as if a reference to an application for an operator's licence were a reference to an application under this section for approval of a person as a nominee.

(6) The Authority must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision.

(7) The nomination and approval by the Authority of a person under this section does not limit the liability of the holder of an operator's licence under this Act whilst that person is a nominee.

40. Issue and renewal of operator's licence

s. 39A s. 40

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(1) The Authority may, on application, issue a licence to an operator of a bingo centre.

(2) An operator's licence, unless previously suspended or revoked, remains in force for the term not exceeding 5 years specified in the licence, unless sooner cancelled or surrendered.

(3) On payment of the prescribed fee, an operator's licence may be renewed by the Authority for a term not exceeding 5 years specified in the licence.

(4) The Authority may refuse to issue an operator's licence or to renew an operator's licence.

(5) If the Authority decides to refuse to issue, amend or renew an operator's licence, it must send to the applicant a written notice of the refusal setting out the reasons for the refusal.

(6) The Authority on issuing an operator's licence—

(a) must insert in it the prescribed conditions; and

(b) may insert in it any other conditions that the Authority thinks fit.

41. Effect of suspension

During any period of suspension of an operator's licence, the licensee is to be taken not to be the licensee except for the purposes of section 47.

42. Licence document to be surrendered

If a document evidencing an operator's licence has been issued by the Authority and that licence is amended, suspended or revoked, the licensee must surrender the document to an inspector on demand.

43. Licence non-transferable

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An operator's licence is not transferable to any other person or bingo centre.

44. Amendment of conditions

(1) The Authority may amend the conditions of an operator's licence, other than the prescribed conditions, in accordance with this section.

(2) An amendment may be proposed—

(a) by the operator by requesting the Authority in writing to make the amendment and giving reasons for the request; or

(b) by the Authority by giving notice in writing of the proposed amendment and giving reasons to the operator.

(3) The Authority must give the operator at least 28 days to make a submission to the Authority concerning an amendment proposed by the Authority and must consider the submission made.

(4) The operator may waive his or her right under sub-section (3) to make a submission concerning a proposed amendment by giving notice in writing signed by the operator to the Authority.

(5) The Authority must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the operator of its decision.

(6) An amendment proposed by the Authority must be in the public interest or for the proper conduct of bingo.

(7) Any amendment that the Authority decides upon takes effect when notice of the decision is given to the operator or on any later date that may be specified in the notice.

45. Provisional operator's licence

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(1) The Authority may grant a provisional operator's licence to a person in respect of a bingo centre.

(2) A provisional licence expires at the end of 90 days after its grant but may be renewed for a further period or successive periods of 90 days.

(3) A provisional licence may only be granted under sub-section (1) to enable an application for an operator's licence in respect of that bingo centre to be made.

46. Accounts

(1) An operator must keep accounting records that correctly record and explain the transactions and financial position of the operations of the operator.


(2) An operator must keep the accounting records in the form required by the Authority and in a manner that will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited.


(3) An operator must, as soon as practicable after the end of each financial year, prepare financial statements and accounts including—

(a) profit and loss accounts for the financial year; and

(b) a balance-sheet as at the end of the financial year—

that give a true and fair view of the financial operations of the operator.


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47. Returns to the Authority

A person who holds an operator's licence must, within 6 months after the issue of the licence, and then at 12 monthly intervals, send to the Authority a full and accurate statement in or to the effect of the form approved by the Director about all sessions of bingo conducted at the bingo centre during the preceding 12 months.


48. On-going monitoring of associates

* * * * *

(2) The Authority may from time to time investigate an associate of an operator or a person likely to become an associate of an operator.

(3) An operator must—

(a) notify the Authority in writing that a person, body or association is likely to become an associate as soon as practicable after the operator becomes aware of the likelihood; and

(b) ensure that a person, body or association does not become an associate except with the prior approval in writing of the Authority.

(4) If the Authority determines that an associate of an operator has engaged or is engaging in conduct that, in the Authority's opinion, is unacceptable for a person who is concerned in or associated with the ownership, administration or management of the operations or business of the operator, the Authority may do either or both of the following—

S. 47 amended by No. 90/1998 s. 33.

s. 47

S. 48(1) repealed by No. 90/2000 s. 32(1).

S. 48(2) substituted by No. 90/2000 s. 32(2).

S. 48(4) substituted by No. 90/2000 s. 32(3).

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(a) issue a written warning to the associate that the conduct is unacceptable and require the associate to cease that conduct;

(b) give written notice to the associate requiring the associate to give a written undertaking to the Authority, within the period specified in the notice, regarding the future conduct of the associate.

(4A) If the associate fails to give an undertaking required under sub-section (4)(b) or breaches an undertaking given under sub-section (4)(b), the Authority may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Authority, the association with the operator.

(4B) If, after considering the matters referred to in sub-section (5), the Authority determines that an associate of an operator is unsuitable to be concerned in or associated with the ownership, administration or management of the operations or business of the operator, the Authority may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Authority, the association with the operator.

(5) In particular, the Authority must consider whether the associate—

(a) is of good repute, having regard to character, honesty and integrity;

(b) is of sound and stable financial background;

(c) has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty


S. 48(4B) inserted by No. 90/2000 s. 32(3).

s. 48

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and integrity or has undesirable or unsatisfactory financial resources.

(6) If the association is not terminated within 14 days from the date of the notice referred to in sub-section (4B), the Authority may by notice in writing, direct the operator to take all reasonable steps to terminate the association and the operator must comply with the direction within 14 days or any longer period agreed with the Authority.

(7) The Authority—

(a) may require an associate or a person likely to become an associate to consent to having his or her photograph, finger prints and palm prints taken; and

(b) must refer a copy of the photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police.

49. Gaming machines in bingo centres

An operator of a bingo centre must not permit a gaming machine within the meaning of the Gaming Machine Control Act 1991 to be played at any time in premises included in the operator's licence.


50. Operator not to be venue operator or associate etc.

(1) An operator must not—

(a) hold a venue operator's licence or a gaming operator's licence under the Gaming Machine Control Act 1991 or under any corresponding law of another State or a Territory; or

S. 48(6) amended by No. 90/2000 s. 32(4).

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(b) be an associate, within the meaning of that Act, of a venue operator or a gaming operator; or

(c) hold a casino licence under the Casino Control Act 1991 or under any corresponding law of another State or a Territory.

(2) Until the beginning of the year 2000, sub-section (1) does not apply to a person who immediately before the commencement of section 25 of the Lotteries Gaming and Betting (General Amendment) Act 1994—

(a) was the holder or an associate, within the meaning of the Gaming Machine Control Act 1991, of the holder of a bingo centre operator licence; and

(b) would have contravened sub-section (1) but for this sub-section.

Division 2—Bingo employees

51. Employee's licence

An employee's licence authorises the licensee, subject to this Act and any conditions to which the licence is subject, to carry out prescribed duties in a bingo centre.

52. Bingo employees to be licensed

(1) A person, other than a person referred to in sub-section (4), must not exercise in a bingo centre any of the functions of a bingo employee except in accordance with the authority conferred on the person by an employee's licence.


s. 51

S. 52(1) amended by No. 43/1998 s. 44(1)(a).

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(2) An operator or licensee must not—

(a) employ a person to perform any function of a bingo employee; or

(b) allocate or permit or suffer to be allocated to a person, other than a person referred to in sub-section (4), the exercise of any function of a bingo employee—

unless the person is authorised by an employee's licence to exercise the function concerned.


(3) It is a defence to a prosecution for an offence against sub-section (1) or (2) to prove that the person exercising a function of a bingo employee in a bingo centre while not holding an employee's licence to exercise that function was doing so as a volunteer acting in good faith due to the absence, as a result of an emergency, of any person holding an employee's licence to exercise that function.

(4) A person who does not hold an employee's licence may, within any period of 7 days, exercise or perform any of the functions of a bingo employee in a bingo centre as a volunteer acting in good faith for only one holder of a minor gaming permit authorising the conduct of a session or sessions of bingo games.

(5) The holder of a minor gaming permit authorising the conduct of a session or sessions of bingo games—

(a) not less than 7 days before a person referred to in sub-section (4) commences duties, must notify the Authority of the commencement of the exercise of those functions; and

(b) not more than 28 days after a person referred to in sub-section (4) ceases his or her duties,

S. 52(2)(b) amended by No. 43/1998 s. 44(1)(b).

s. 52

S. 52(4) inserted by No. 43/1998 s. 44(2).

S. 52(5) inserted by No. 43/1998 s. 44(2).

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must notify the Authority of the cessation of the exercise of those functions.

52A. Operator may carry out certain employee duties

Despite section 52, a person who—

(a) is the holder of an operator's licence and is a natural person; or

(b) is the nominee of the holder of an operator's licence—

may carry out the prescribed duties in a bingo centre of the holder of an employee's licence if the person referred to in paragraph (a) or (b) at all times while on duty wears identification of a kind approved by the Director for the purposes of this section in such a manner as to be visible to other persons.

53. Application for employee's licence

(1) An application for an employee's licence must be in or to the effect of the form approved by the Director and must be accompanied by—

(a) the prescribed fee; and

(b) the documents, if any, that may be specified by the Director and required in the form of application;

* * * * *

(2) The applicant is required to consent to having his or her photograph, finger prints and palm prints taken by the Director.

(3) The Director must refer a copy of the application and of any photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police.


s. 52A

S. 53(1)(b) amended by No. 90/1998 s. 34(a).

S. 53(1)(c) repealed by No. 90/1998 s. 34(b).

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(4) The Chief Commissioner of Police must inquire into and report to the Director on any matters concerning the application that the Director requests.

(5) An application for an employee's licence may not be made by a person who is under the age of 18 years or is a person within a class of persons prescribed as being ineligible to apply for a licence.

(6) If a requirement under this section is not complied with, the Director may refuse to consider the application concerned.

54. Updating application

(1) If a change occurs in the information provided in or in connection with an application for an employee's licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must without delay give the Director written particulars of the change.


(2) When particulars of the change are given, those particulars are then to be considered to have formed part of the original application, for the purposes of the operation of sub-section (1) in relation to any further change in the information provided.

55. Director may require further information

(1) The Director may, by notice in writing, require a person who is an applicant for an employee's licence or who, in the opinion of the Director, has some association or connection with the applicant that is relevant to the application to do any one or more of the following—

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(a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice;

(b) to provide, in accordance with directions in the notice, any records relevant to investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;

(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b);

(d) to furnish to the Director any authorities and consents that the Director directs for the purpose of enabling the Director to obtain information (including financial and other confidential information) concerning the person and his or her associates from other persons.

(2) If a requirement made under this section is not complied with, the Director may refuse to consider the application.

56. Application to be investigated

The Director must investigate each application.


(1) The Director must consider an application for an employee's licence and must take into account the investigation under section 56 and any submission made by the applicant within the time allowed and must make an assessment of—

(a) the integrity, responsibility, personal background and financial stability of the applicant; and

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(b) the general reputation of the applicant having regard to character, honesty and integrity;

(c) the suitability of the applicant to perform the type of work proposed to be performed by the applicant as a licensee.

(2) The Director must determine the application by either issuing an employee's licence to the applicant or refusing the application and must inform the applicant accordingly.

(3) The Director is not required to give reasons for the decision but may give reasons if he or she thinks fit.

(4) An employee's licence must specify the licensee's name and the authority given by the licence, including the type of work that may be performed under the licence.

(5) If, as a result of the investigation, the Director decides to refuse an application, the Director must notify the applicant in writing of that decision.

(6) An applicant aggrieved by a decision of the Director under sub-section (2) may, within 28 days after receiving notice of the decision, appeal against the decision to the Authority.

(7) The appeal must be in writing and specify the grounds on which it is made.

(8) Upon consideration of the grounds of appeal specified by the applicant, the Authority may confirm the Director's decision or order the Director to issue an employee's licence.

(9) The decision of the Authority must be communicated in writing to the Director, the appellant and the operator who employs or proposes to employ the appellant.

s. 57

S. 57(6) amended by No. 90/2000 s. 19(b).

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58. Conditions of licence

(1) A licence is subject to any condition imposed by the Director and notified to the licensee on the issue of the licence or during its currency.

(2) A condition of a licence may be varied or revoked by the Director whether or not on application made to the Director by the licensee.

(3) It is a condition of every licence that the licensee must not participate in the playing of bingo while on duty (including intervals for meals and other rostered breaks arising in the course of duty) other than as required in the course of his or her employment.

(4) A licensee must not contravene a condition of his or her licence.

Penalty applying to this sub-section: 50 penalty units.

59. Persons licensed under other Acts

(1) A person who holds—

(a) a special employee's licence issued under the Casino Control Act 1991; or

(b) a special employee's licence or a technician's licence issued under the Gaming Machine Control Act 1991—

may apply to the Director under this section for an employee's licence under this Division.

(2) An application under sub-section (1) must be accompanied by—

(a) the prescribed fee; and

(b) a certificate by the casino operator, venue operator or gaming operator who employs or employed the applicant as to the competence

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of the applicant to exercise the functions specified in the certificate.

(3) The Director, if satisfied that the authority given to the applicant by a licence referred to in sub-section (1)(a) or (b) is comparable to the authority conferred by an employee's licence under this Division, may issue such a licence to the applicant.

60. Identification

(1) A bingo employee must at all times while on duty wear identification of a kind approved by the Director in such manner as to be visible to other persons.

(2) Identification worn by a bingo employee in compliance with the Private Agents Act 1966 is sufficient compliance with this section.

(3) The Director may issue replacement identification to a bingo employee whose identification has been lost or destroyed.

(4) An application for replacement identification must be accompanied by—

(a) a statutory declaration as to the circumstances in which the identification was lost or destroyed; and

(b) the prescribed fee, if any.

61. Provisional employee's licence

(1) The Director may, pending a decision on an application for an employee's licence, grant the applicant a provisional licence.

(2) A provisional licence is subject to any conditions or restrictions of which the provisional licensee is notified by the Director when issuing the licence.

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(3) A provisional licence may be cancelled by the Director at any time and, unless sooner surrendered or cancelled, ceases to have effect on the approval or refusal of the provisional licensee's application for a licence.

(4) Subject to this section, this Division applies to a provisional licence as if it were an employee's licence.

62. Duration of employee's licence

An employee's licence remains in force, unless sooner cancelled or surrendered, for a period of 10 years after the end of the month in which the licence was issued.

63. Renewal of employee's licence

(1) The holder of an employee's licence may, not earlier than 1 month before the expiration of his or her current licence, apply to the Director for a new licence, in which case—

(a) the current licence continues in force until the new licence is issued or its issue is refused; and

(b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly.

(2) An application for a new licence must be made in a form approved by the Director and must be accompanied by the prescribed fee.

(3) This Division (except provisions relating to the form of an application) applies to and in relation to—

(a) an application under this section for a new licence; and

(b) the determination of such an application; and

S. 62 substituted by No. 90/1998 s. 35, amended by No. 90/2000 s. 26(1).

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(c) any licence issued as a result of such an application—

as if the application had been made by a person other than the holder of an employee's licence.

64. Effect etc. of suspension

(1) During any period of suspension of an employee's licence, the employee is deemed not to be the holder of a licence.

(2) The Director may, at any time, terminate or reduce a period of suspension of an employee's licence.

65. Termination of employment on suspension or cancellation of employee's licence

If an operator receives written notice from the Director that the licence of an employee has been suspended or cancelled, or has otherwise ceased to be in force, the operator must, within 24 hours after receiving the notice, terminate the employment that constitutes the exercise of the functions of a bingo employee or cause it to be terminated.


Division 3—General

66. Destruction of finger prints etc.

(1) Any finger prints or palm prints obtained by the Authority or the Director under this Part and any copies of them must be destroyed by the Authority as soon as the Authority or the Director has no further use for them.

(2) The Authority or the Director is to be considered to have no further use for finger prints or palm prints when—

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(a) they were obtained in connection with an application for an operator's licence or an employee's licence and the application is refused; or

(b) the licence in connection with which they were obtained is cancelled or surrendered (but is to be considered to have further use for them whenever the licence is in force).

(3) A person who in connection with an application for an operator's licence or an employee's licence has possession of finger prints or palm prints obtained by the Authority or the Director under this Part, or copies of them, must deliver them to the Authority in accordance with the directions of the Authority, so as to enable the Authority to comply with sub-section (1).

Penalty applying to this sub-section: 20 penalty units.

67. Costs of investigating applications

(1) The Authority may, by notice in writing, require an applicant for an operator's licence or an employee's licence to pay to the Authority such amount as is determined by the Authority being an amount not exceeding the reasonable costs of investigation of the application.

(2) The Authority may require costs payable under sub-section (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted.

_______________

* * * * *

s. 67

Pt 6 (Heading and ss 68–76) repealed by No. 90/1997 s. 39(1).

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PART 7—INSPECTORS

77. Rights of inspector in certain premises

(1) An inspector or a member of the police force may enter and remain on premises where an activity authorised by or under this Act is being conducted or the premises of a person who holds a licence (other than a bingo employee's licence) or permit under this Act—

(a) at any time when the premises are open to the public; or

(b) with the consent in writing of the occupier, at any other time—

for the purpose of doing any one or more of the following—

(c) observing any of the operations on the premises;

(d) ascertaining whether the operation of the premises is being properly conducted, supervised and managed;

(e) ascertaining whether the provisions of this Act are being complied with;

(f) in any other respect, exercising his or her functions under this Act.

(2) An inspector or a member of the police force who enters premises under sub-section (1) is not authorised to remain on the premises if, on the request of the holder of the licence or permit, the inspector or member does not show his or her identity card to the holder of the licence or permit.

(3) An occupier who consents in writing to the entry of his or her premises under this section must be given a copy of the signed consent immediately.

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(4) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry.

78. Functions of inspectors

The functions of inspectors under this Act are as follows—

(a) to inspect premises used in connection with any activity regulated by this Act;

(b) to examine equipment used and records kept in premises used in connection with such an activity for the purpose of ascertaining whether or not the person conducting the activity is complying with the provisions of this Act and the regulations and the conditions of the licence or permit;

(c) to assist in any other manner, where necessary, in the detection of offences committed against this Act or the regulations;

(d) to report to the Director as required;

(e) such other functions as are conferred on inspectors under this Act.

79. Powers of inspectors

(1) An inspector may do any one or more of the following—

(a) require any person in possession of, or having control of, any equipment relating to an activity regulated by this Act or any records to produce the equipment or records for inspection and to answer questions or provide information relating to the equipment or records;

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(b) inspect any equipment relating to an activity regulated by this Act or any records and take copies of, extracts from, or notes relating to, any records.

(c) if the inspector believes on reasonable grounds that there are on any premises—

(i) any equipment or money or securities for money; or

(ii) any records—

relating to an activity regulated by this Act that is evidence of the commission of an offence, seize the equipment, money, securities or records;

(d) by notice in writing require—

(i) the holder of a licence or permit; or

(ii) an employee of the holder of a licence or permit; or

(iii) any other person associated with the operations or their management in premises the inspector is authorised to enter—

to attend before the inspector at a specified time or place and answer questions, or provide information, with respect to operations on the premises;

(e) examine and test any equipment relating to an activity regulated by this Act in such premises and order the person in charge of the premises to withdraw from use on the premises any equipment that does not comply with the prescribed standards;

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(f) call to his or her aid a member of the police force if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of his or her functions;

(g) any other thing authorised under this Act to be done by an inspector.

(2) If an inspector seizes equipment, money or securities for money or records under this section, the inspector may retain them until the completion of any proceedings (including proceedings on appeal) in which they may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within 10 days after the seizure, with a copy of the records certified by an inspector as a true copy.

(3) Sub-section (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that sub-section are instituted so orders.

(4) A copy of records provided under sub-section (2) is, as evidence, of equal validity to the records of which it is certified to be a copy.

(5) A person must not refuse or fail, without reasonable excuse, to comply with a requirement under sub-section (1).


80. Police have functions and powers of inspector

A member of the police force has the functions and powers of an inspector under this Act.

81. Search warrant

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(1) An inspector, with the consent of the Director, or a member of the police force may apply to a magistrate for the issue of a search warrant if the inspector or member believes on reasonable grounds—

(a) that there are on any premises any equipment or records relating to an activity regulated by this Act—

(i) in relation to which an offence has been, is being, or is likely to be, committed; or

(ii) that may be evidence of an offence; or

(b) that there is or has been a contravention of this Act on any premises other than the premises of the holder of a licence or permit under this Act.

(2) A magistrate to whom such an application is made, if satisfied by evidence on oath or by affidavit that there are reasonable grounds for doing so, may issue in accordance with the Magistrates' Court Act 1989 a search warrant in the form prescribed under that Act authorising an inspector or member of the police force named in the warrant and any assistants to enter the premises, or part of premises, specified in the warrant, for the purpose of searching for and seizing any equipment or records referred to in sub-section (1).

(3) A search warrant issued under this section ceases to have effect at the expiration of one month after its issue.

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82. Return of items seized

(1) If an inspector or a member of the police force seizes a thing under this Act, the inspector or member must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists.

(2) If the thing has not been returned before the end of a period of 28 days after seizure ("the retention period"), the inspector or member of the police force must take reasonable steps to return it unless—

(a) proceedings in which the thing may be evidence have commenced within the retention period and those proceedings (including any appeal) have not been completed; or

(b) a court makes an order under section 80 extending the retention period.

83. Magistrates' Court may extend period

(1) An inspector or a member of the police force may apply to the Magistrates' Court within the retention period or within a period extended by the Court under this section for an extension of that period.

(2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary—

(a) for the purposes of an investigation into whether an offence has been committed; or

(b) to enable evidence of an offence to be obtained for the purposes of a prosecution.

(3) The Court may adjourn an application to enable notice of the application to be given to any person.

84. Protection against self-incrimination

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A person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Act if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.

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PART 8—GENERAL

85. Refusal to issue licence or permit

(1) Without limiting the discretion of the Authority or the Director (as the case may be) to refuse an application for a licence or permit under this Act, the Authority or the Director may refuse to grant a licence or permit to a person who at any time has contravened a provision of this Act or the regulations or a previous corresponding Act or regulations or a condition of a licence, permit or approval under this Act or a previous corresponding Act.

(2) In determining whether to grant a licence or permit to an organisation, the Authority or the Director may consider whether—

(a) the organisation; or

(b) an associate of the organisation; or

(c) a person nominated by the organisation—

has contravened a provision of this Act or the regulations or a previous corresponding Act or regulations made under that Act or a condition of a licence, permit, consent or approval under this Act or a previous corresponding Act.

(3) In this section, "associate", in relation to an organisation, means—

(a) a person, body or association having a business association with the organisation; or

(b) a director, partner, trustee, executive officer, secretary or any other officer or person determined by the Authority or Director (as the case may be) to be associated or connected with the ownership,

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administration or management of the operation or business of the organisation.

86. Appeal against decision of Director

(1) An applicant whose interests are affected by a decision of the Director may within 28 days after receiving notice of the decision, appeal against the decision to the Authority.

(2) An appeal must be in writing and specify the grounds on which it is made.

(3) On consideration of the grounds of appeal specified by the applicant, the Authority may confirm the Director's decision or order the Director to take or refrain from taking any action, including the issue of a licence or permit or the amendment of a term or condition of a licence or permit.

(4) The decision of the Authority must be communicated in writing to the Director and the applicant.

87. Review by Victorian Civil and Administrative Tribunal

(1) A person whose interests are affected by a decision of the Authority under this Act may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

s. 86

S. 86(1) amended by Nos 52/1998 s. 311(Sch. 1 item 33.2), 90/2000 s. 19(c).

S. 87 substituted by No. 52/1998 s. 311(Sch. 1 item 33.1).

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(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(3) This section does not apply to—

(a) a decision of the Authority under Division 1 of Part 3; or

(b) the revocation of a declaration under Division 1 of Part 3.

88. Records

Unless a contrary requirement is specified in this Act, the holder of a licence or permit under this Act must keep records containing the prescribed information in or to the effect of the form approved by the Director for a period of 3 years after the completion of the transactions to which they relate.


89. Banking

(1) A person who—

(a) is the holder of a minor gaming permit under this Act; or

(b) conducts an activity authorised by this Act—

or has, at any time in the preceding 12 months, held such a permit or conducted such an activity must—

(c) keep and maintain a single account, as approved by the Authority, at a financial institution in the State for use for all

S. 87(3) inserted by No. 90/2000 s. 17.

s. 88

S. 89(1) amended by No. 90/1998 s. 36(a).

S. 89(1)(c) substituted by No. 90/1998 s. 36(b).

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transactions arising under this Act in relation to all such permits or activities held or conducted by that person; and

(d) from time to time provide the Authority, as required, and in a form approved by the Authority, with a written authority addressed to the financial institution referred to in paragraph (c) authorising the financial institution to comply with any requirements of an inspector exercising the powers conferred by this section.


(2) An inspector may, by notice in writing, require the manager or other principal officer of a financial institution referred to in sub-section (1) to provide the inspector with a statement of an account referred to in that sub-section and any other particulars relating to the account that are specified in the notice.

(3) A person to whom a notice is given under sub-section (2) must comply with the notice.


(4) An inspector may not exercise the powers conferred by this section without the prior written approval of the Authority.

90. Amendment of conditions

(1) Subject to sub-section (2), the conditions of a licence (except an operator's licence or an employee's licence) or permit under this Act may be amended in accordance with this section.

(2) This section does not apply to prescribed conditions of a licence or permit.

(3) An amendment may be proposed—

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(a) by the holder of the licence or permit by requesting the Director in writing to make the amendment and giving reasons for the proposed amendment; or

(b) by the Director by giving notice in writing of the proposed amendment and giving reasons to the holder of the licence or permit.

(4) An amendment proposed by the holder of a licence or permit must be accompanied by the prescribed fee.

(5) The Director must give the holder of the licence or permit at least 28 days to make a submission to the Director concerning any proposed amendment (whether proposed by the Director or the holder) and must consider any submission made.

(6) The holder of a licence or permit may waive their right under sub-section (5) to make a submission by giving notice in writing to the Director.

(7) The Director must then decide whether to make the proposed amendment, either with or without changes to the amendment originally proposed, and must notify the holder of the licence or permit of his or her decision.

(8) An amendment proposed by the Director must be in the public interest.

(9) An amendment takes effect when notice of the decision is given to the holder of the licence or permit or on any later date that may be specified in the notice.

S. 90(4) amended by No. 90/1997 s. 40(a).

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91. Change in situation of holder of licence or permit or of associate

Whenever a change of a kind specified by the Director in writing given to the holder of any licence or permit under this Act or the associate of any holder of an operator's licence takes place in the situation existing in relation to that person, the person must notify the Director in writing of the change within 14 days after it takes place.


92. Cancellation etc. of licence or permit

(1) In this section—

"disciplinary action", in relation to the holder of a licence or permit, means any of the following—

(a) the service of a written notice on the holder censuring him or her for any action specified in the notice;

(b) variation of the licence or permit;

(c) suspension of the licence or permit for a specified period;

(d) cancellation of the licence or permit;

"grounds for disciplinary action", in relation to a licence or permit, means any of the following grounds—

(a) that the licence or permit was improperly obtained in that, when it was granted, there were grounds for refusing it;

S. 91 amended by No. 90/2000 s. 27(1)(2).

s. 91

S. 92(1) def. of "grounds for disciplinary action" amended by No. 90/1998 s. 37.

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(b) that the holder of the licence or permit has been convicted or found guilty of—

(i) an offence against this Act or the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under either of those Acts; or

(ii) an offence arising out of or in connection with the employment of the holder under this Act; or

(iii) whether or not in Victoria, an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine);

(c) that the holder has contravened this Act or the regulations or a condition of the licence or permit;

(d) that the holder of the licence or permit has failed to provide information that he or she is required by this Act to provide or has provided information knowing it to be false or misleading;

(e) that the holder of the licence or permit has become bankrupt, applied to take the benefit of any law relating to bankrupt or insolvent debtors, has compounded with his or her creditors or made an assignment of his or her remuneration for their benefit;

(f) that for any reason, the holder of the licence or permit is not a suitable person to hold such a licence or permit;

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(g) in the case only of the holder of an operator's licence—

(i) that the holder has engaged in conduct which, in the opinion of the Authority, is undesirable in relation to a community or charitable organisation; or

(ii) that the bingo centre is, for specified reasons, no longer suitable for the conduct of bingo;

(h) that—

(i) the holder of a permit under section 28 or of an operator's licence; or

(ii) if such a holder is a body corporate, an officer or director of the holder; or

(iii) the nominee of such a holder or operator approved under section 28A or 39A—

has been convicted or found guilty of—

(iv) an offence against this Act or the Regulations, the Casino Control Act 1991, the Gaming Machine Control Act 1991, the Club Keno Act 1993, the Gaming and Betting Act 1994 or the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or

(v) an offence arising out of or in connection with the employment of the holder under any of those Acts; or

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(vi) an offence arising out of or in connection with the management or operation of a bingo centre; or

(vii) whether or not in Victoria—

(A) an indictable offence; or

(B) an offence which, if committed in Victoria, would be an indictable offence—

the nature or circumstances of which, in the opinion of the Authority, relate to a bingo centre of the holder of an operator's licence;

(i) that the holder of a permit under Part 4 or of an operator's licence is considered, having regard to the matters set out in section 29(1) or 36(2), to be no longer a suitable person to hold the permit or licence.

(2) The Director may of his or her own motion, and must at the direction of the Authority, inquire into whether there are grounds for disciplinary action against the holder of a licence or permit and must make a recommendation to the Authority on the matter.

(3) If the Director recommends that disciplinary action be taken against the holder, the Authority must give the holder notice of the recommendation and at least 14 days to make submissions to the Authority on the matter.

(4) The Authority must consider the Director's recommendation and any submissions made by the holder of the licence or permit within the time

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allowed and is to decide whether to take disciplinary action against the holder.

(5) If the Authority decides that—

(a) the holder of the licence or permit is not a suitable person to hold such a licence or permit, the Authority may only vary, suspend or cancel the licence or permit; or

(b) there are any other grounds for disciplinary action against the holder of a licence or permit, the Authority may take the action—

and does so by giving notice in writing of the action to the holder.

(5A) If the Authority decides to cancel a bingo employee's licence, the Authority may also disqualify the person whose licence is cancelled from obtaining a licence or permit under this Act, the Gaming Machine Control Act 1991, the Gaming and Betting Act 1994 or the Casino Control Act 1991 for a period specified by the Authority in the notice given under sub-section (5) not exceeding 4 years.

(6) Subject to sub-section (7), an operator's licence must not be suspended for longer than 6 months.

(7) The Authority may extend a suspension once for a period not exceeding 6 months if there are reasonable grounds for doing so.

(8) The disciplinary action takes effect when the notice is given or on a later date specified in the notice.

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(9) The Authority or the Director may suspend a permit under Part 4 and the Authority may suspend an operator's licence by notice in writing given to the holder of the permit or licence if the Authority or Director, as the case requires, is satisfied that—

(a) the holder; or

(b) if the holder is a body corporate, an officer or director of the holder; or

(c) the nominee of the holder approved under section 28A or 39A—

has been charged with—

(d) an offence against this Act or the Regulations, the Casino Control Act 1991, the Gaming Machine Control Act 1991, the Club Keno Act 1993, the Gaming and Betting Act 1994 or the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or

(e) an offence arising out of or in connection with the employment of the holder under any of those Acts; or

(f) an offence arising out of or in connection with the management or operation of a bingo centre; or

(g) an indictable offence or an offence committed outside Victoria which, if committed in Victoria, would be an indictable offence the nature or circumstances of which, in the opinion of the Authority or Director, as the case requires, relate to a bingo centre of the holder.

(10) The Director may suspend a bingo employee's licence by notice in writing given to the holder of the licence if the Director is satisfied that the

S. 92(9) inserted by No. 90/1998 s. 38, amended by No. 90/2000 s. 29(1)(a)(b).

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S. 92(10) inserted by No. 90/2000 s. 29(2).

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holder has been charged with, convicted or found guilty of—

(a) an offence against this Act or the regulations, the Casino Control Act 1991, the Gaming Machine Control Act 1991, the Club Keno Act 1993, the Gaming and Betting Act 1994 or the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or

(b) an offence arising out of or in connection with the employment of the holder under any of those Acts.

(11) The Authority, at any time, may terminate or reduce a period of suspension of a bingo employee's licence imposed by the Director under sub-section (10).

93. False or misleading information


(a) in, or in relation to, an application for a licence or permit; or

(aa) if that person is an associate or a nominee—

(i) in the course of the Authority's consideration of the person's suitability to be an associate or nominee; or

(ii) during the period of that associate's association or that nominee's nomination; or

(b) in answer to a question asked by an inspector in the exercise of his or her functions as an inspector; or

(c) in purporting to provide information that the person has been authorised to provide—

S. 92(11) inserted by No. 90/2000 s. 29(2).

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S. 93(1)(aa) inserted by No. 90/2000 s. 33.

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give information that is false or misleading in a material particular.


(2) It is a defence to a prosecution of a person for an offence against sub-section (1) to prove that, at the time the information was given, the person believed on reasonable grounds—

(a) in the case of false information, that the information was true; or

(b) in the case of misleading information, that the information was not misleading.

94. Infringement notice

(1) An inspector who has reason to believe that a person has committed an infringement may, in accordance with the regulations, serve on that person an infringement notice.

(2) An infringement notice must be in the prescribed form and must contain the prescribed particulars.

(3) An infringement notice may be withdrawn, whether the appropriate penalty has been paid or not, at any time within 28 days after the service of the notice, by serving on the alleged offender, in accordance with the regulations, a withdrawal notice which is in the prescribed form.

(4) If the appropriate amount specified in the notice as the penalty for the infringement has been paid before the notice is withdrawn, the amount so paid must be refunded on the notice of withdrawal being given.

(5) The penalty for the purposes of this section in respect of an infringement is the amount prescribed in respect of that infringement.

95. Payment of penalty

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(1) If before the end of the period specified in the infringement notice for the payment of the penalty or, where the inspector giving the notice so allows, at any time before the service of a summons in respect of the infringement, the amount of the penalty specified in the notice is paid at the place so specified then, subject to sub-section (4)—

(a) the offender must be taken to have expiated the infringement by payment of the penalty; and

(b) no further proceedings may be taken in respect of the infringement; and

(c) a conviction for the infringement must not be regarded as having been recorded.

(2) Every penalty paid under this section must be applied in the same manner as if the offender had been convicted of the infringement in the Magistrates' Court on a charge filed by the inspector who served the infringement notice or caused it to be served.

(3) Payment of any penalty under this section may be effected in accordance with the regulations.

(4) Proceedings for an infringement may be brought if an infringement notice served in respect of the infringement is withdrawn or the penalty specified in it is not paid before the end of the period specified in it for payment.

(5) In a proceeding for an infringement if the court is satisfied that an infringement notice was served in respect of the infringement and has not been withdrawn, the conviction imposed by the court must not be taken to be a conviction for any purpose (including, but not limited to, the purposes of any enactment imposing, authorising

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or requiring the imposition of any disqualification, disability or higher penalty on convicted persons or persons convicted on more than one occasion) except in relation to—

(a) the making of the conviction itself; and

(b) any subsequent proceedings which may be taken in respect of the conviction itself, including proceedings by way of appeal.

96. Authority may hold inquiries

(1) For the purpose of the exercise of its functions under this Act, the Authority may hold inquiries in public or in private, being inquiries presided over by one or more members of the Authority.

(2) For the purposes of holding an inquiry, the Authority shall be deemed to be a board appointed by the Governor in Council and Division 5 of Part I (including section 21A) of the Evidence Act 1958 applies accordingly.

97. Representation

A person may appear at an inquiry personally or by a duly qualified legal practitioner.

98. Evidence

(1) In proceedings under this Act, an assertion—

(a) that, at a specified time or during a specified period, a specified person was the Minister administering this or any other Act;

(b) that, at a specified time or during a specified period, a specified person held, or is acting in, a specified office;

(c) that a signature purporting to be the signature of a Minister, a member of the Authority, an inspector or a member of the police force is the signature it purports to be;

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(d) that, at a specified time or during a specified period, a specified person was, or was not, the holder of a specified licence or permit under this Act; or

(e) that, at a specified time, a person attained a specified age or that, at a specified time or during a specified period, a specified person was under or over a specified age—

is evidence of the fact or facts asserted.

(2) In proceedings under this Act—

(a) a document purporting to be a copy of a direction, notice, order, requirement or decision given or made under this Act is evidence of a direction, notice, order, requirement or decision of which it purports to be a copy;

(b) a document purporting to be a copy of a licence or permit under this Act is evidence of a licence or permit of which it purports to be a copy; and

(c) evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document.

(3) In proceedings under this Act—

(a) proof that a document or thing was bought or accepted under the belief that its possession or production conferred permission or authority on the purchaser or holder to participate in a particular lottery is admissible in evidence to establish that the document or thing is a lottery ticket in that lottery and, in the absence of evidence to the contrary, is proof of that fact;

(b) if it is proved that a document containing a notice relating to a lottery is exhibited on or

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about any land, building or premises, it shall be presumed, in the absence of evidence to the contrary, that the document was exhibited by or with the permission of the occupier of the land, building or premises.

99. Body corporate

(1) If a body corporate is guilty of an offence against this Act or the regulations, each director, manager or officer of the body corporate who knowingly directed, authorised or suffered the commission of the offence by the body corporate, is severally guilty of an offence.

(2) If an association incorporated under the Associations Incorporation Act 1981 is guilty of an offence against this Act or the regulations, each member of the committee of the association who knowingly directed, authorised or suffered the commission of the offence by the association, is severally guilty of an offence.

(3) Nothing in sub-section (1) or (2) affects any liability imposed on a body corporate (including an incorporated association) for an offence committed by the body corporate against this Act or the regulations.

(4) If, in a proceeding for an offence against this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that—

(a) the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b) the director, employee or agent had that state of mind.

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(5) If a director, employee or agent of a body corporate engages in conduct on behalf of the body corporate within the scope of his or her actual or apparent authority, the body corporate must be taken, for the purposes of a prosecution for an offence against this Act or the regulations, also to have engaged in the conduct unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

100. Employees and agents

(1) If, in a proceeding for an offence against this Act or the regulations, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show that—

(a) an employee or agent of the person had that state of mind; and

(b) the employee or agent engaged in the conduct within the scope of his or her actual or apparent authority.

(2) If an employee or agent of a person other than a body corporate engages in conduct on behalf of the person within the scope of his or her actual or apparent authority, the person must be taken, for the purposes of a prosecution for an offence against this Act or the regulations, also to have engaged in the conduct unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

101. Partnerships and unincorporated associations

If this Act or a regulation made under this Act provides that a person is guilty of an offence—

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(a) if the person is a partnership, each member of the partnership is severally guilty of the offence;

(b) if the person is an unincorporated association, each member of the committee of management of the association is severally guilty of the offence.

102. Forfeiture

(1) If instruments of gaming or money or securities for money—

(a) are lawfully seized under this Act; or

(b) are found in the possession or control of a person found committing an offence against this Act—

the Magistrates' Court may order that the instruments of gaming or money or securities for money are forfeited to the Crown.

(2) An appeal lies to the County Court against an order of forfeiture under sub-section (1).

(3) Any property forfeited under this section must be sold or otherwise disposed of in accordance with the directions of the Magistrates' Court.

(4) The proceeds, if any, of the sale or disposal must be paid into the Consolidated Fund.

103. Delegation

(1) The Authority may, by instrument under its official seal, delegate to a member of the Authority or to 3 or more members of the Authority jointly any power of the Authority under this Act, other than this power of delegation.

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(1A) The Authority may, by instrument under its official seal, delegate to the Director any power of the Authority under section 34(3) or (6), 37, 38, 45, 48(2), 67 or 104A.

(2) The Director may, by instrument, delegate to an officer of the Authority employed at or above the public service level of VPS3 or its equivalent any power of the Director under this Act or the regulations, other than this power of delegation.

104. Secrecy

(1) Subject to sub-section (3), a person must not directly or indirectly, except in the performance of duties or exercise of powers under this Act, make a record of, or divulge to any person, any information with respect to the affairs of another person acquired by the first-mentioned person—

(a) in the performance of those duties or exercise of those powers; or

(b) from an enforcement agency in accordance with a memorandum of understanding under section 104A.


(2) Subject to sub-section (6), a person is not, except for the purposes of this Act, required—

(a) to produce in a court a document that has come into his or her possession or under his or her control; or

(b) to divulge to a court any information that has come to his or her notice—

S. 103(1A) inserted by No. 90/1998 s. 39, amended by No. 90/2000 ss 16(2), 22(1).

S. 104(1) amended by No. 90/2000 s. 22(2)(a).

s. 104

S. 104(1)(a) inserted by No. 90/2000 s. 22(2)(a).

S. 104(1)(b) inserted by No. 90/2000 s. 22(2)(a).

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in the performance of duties or exercise of powers under this Act.

(3) A person may—

(a) divulge specified information to such persons as the Minister directs if the Minister certifies that it is necessary in the public interest that the information should be so divulged; or

(b) divulge information to a prescribed authority or prescribed person; or

(ba) divulge information to an enforcement agency in accordance with a memorandum of understanding under section 104A; or

(c) divulge information to person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or

(d) divulge any information that was considered at a meeting or part of a meeting of the Authority that was held in public or any information that was considered at an inquiry or part of an inquiry of the Authority that was held in public; or

(e) divulge any of the following information—

(i) the name of an applicant for an operator's licence or a declaration as a community or charitable organisation or a permit under this Act, the date of the application, the date and result of the Authority's determination of the application;

(ii) the name of an organisation declared to be a community or charitable organisation, the holder of any licence,

s. 104

S. 104(3)(ba) inserted by No. 90/2000 s. 22(2)(b).

S. 104(3)(c) amended by No. 88/2000 s. 63.

S. 104(3)(d) inserted by No. 88/2000 s. 63.

S. 104(3)(e) inserted by No. 88/2000 s. 63.

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approval or permit under this Act and the expiry date of the licence or permit;

(iii) the name of an associate of the holder of any licence under this Act that is approved by the Authority;

(iv) particulars of any amendment to the conditions of a licence or permit under this Act;

(v) particulars of disciplinary action taken against a person under this Act;

(vi) details of any matter that is in the public domain for any reason including a requirement under this Act to publish the information or because the matter was considered at a meeting or inquiry or part of a meeting or inquiry of the Authority that was held in public;

(vii) any other matter that, in the opinion of the Authority—

(A) would not constitute an unreasonable divulgence of information relating to the affairs of a person; or

(B) would otherwise be in the public interest to divulge.

(4) An authority or person to whom information is divulged under sub-section (3), and a person or employee under the control of that authority or person, is subject, in respect of that information, to the same rights, privileges, obligations and liabilities under this section as if that authority, person or employee were a person performing duties under this Act and had acquired the information in the performance of those duties.

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(5) Nothing in this section or any other Act applies to prohibit or restrict the giving of statistical information with respect to gambling in Victoria to the Authority or the Minister or the publication of any such information.

(6) If—

(a) the Minister certifies that it is necessary in the public interest that specified information should be divulged to a court; or

(b) a person to whom information relates has expressly authorised it to be divulged to a court—

a person may be required—

(c) to produce in the court any document containing the information; or

(d) to divulge the information to the court.

(7) In this section—

"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions;

"produce" includes permit access to.

104A. Memorandum of understanding

(1) The Authority and an enforcement agency may enter a memorandum of understanding that provides for—

(a) the divulgence to the enforcement agency of information with respect to the affairs of a person acquired by the Authority in the performance of duties or the exercise of powers under this Act; and

(b) the divulgence to the Authority of information with respect to the affairs of a person acquired by the enforcement agency.


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(2) A memorandum of understanding must—

(a) specify the kind of information to be divulged and the purposes for which it may be used; and

(b) contain an undertaking that each party to the memorandum—

(i) will use information divulged to it only for the purposes specified in the memorandum; and

(ii) consents to the taking of injunctive action to restrain the unauthorised use of the information; and

(c) contain a provision that applies the law of Victoria to the divulgence of information to the enforcement agency under the memorandum and an acknowledgment that the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

(3) The Authority may enter a memorandum of understanding with an enforcement agency only if the Authority is satisfied that the enforcement agency is capable of entering, and is authorised to enter, the memorandum of understanding as a legally binding agreement.

(4) In this section and section 104—

"enforcement agency" means a person or body in Victoria or another jurisdiction (whether in or outside Australia)—

(a) that is responsible for or engages in—

(i) the administration of a law with respect to gaming or gambling; or

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(ii) law enforcement generally; or

(b) that is approved by the Minister under sub-section (5).

(5) For the purposes of sub-section (4), the Minister may, by written notice given to the Authority, approve a person or body that is responsible for or engages in the administration of a licensing or other regulatory scheme that requires licensees or other persons regulated to be suitable or fit and proper persons.

105. Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) prescribing conditions of licences and permits;

(b) prescribing rules for the conduct of raffles, trade promotion lotteries, bingo (including rolling jackpots), fundraising functions and the sale of lucky envelopes;

(c) Calcutta Sweepstakes;

(d) prescribing standards and conditions for the sale or disposal of property or the allotment of prizes of money under section 9;

(e) prescribing standards for lucky envelopes and for bingo tickets and random number generators for use in the playing of bingo;

(f) the disposal of unclaimed prizes;

(g) prescribing the amount that is paid for expenses of a session of bingo games;

(h) forms;

(i) fees;

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(j) infringement notices and prescribing offences in respect of which infringement notices may be issued;

(k) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) Regulations made under this Act—

(a) may be of general or of specially limited application; and

(b) may differ according to differences in time, place or circumstance; and

(c) may impose penalties not exceeding 20 penalty units for a contravention of the regulations.

_______________

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PART 9—MISCELLANEOUS AMENDMENTS

106. Principal Act

In this Part, the Lotteries Gaming and Betting Act 1966 is called the Principal Act.

107. Substitution of section 12

For section 12 of the Principal Act substitute—

"12. Common gaming houses

A person who—

(a) is the owner or occupier or has the use of any house or place and opens, keeps or uses the house or place for the purpose of unlawful gaming being carried on in the house or place; or

(b) is the owner or occupier of a house or place and knowingly and wilfully permits the house or place to be opened, kept or used by another person for the purpose of unlawful gaming being carried on in the house or place; or

(c) has the care or management of or in any manner assists in conducting the business of a house or place opened, kept or used for the purpose of unlawful gaming being carried on in the house or place; or

(d) advances or furnishes money for the purpose of gaming with persons frequenting such a house or place; or

(e) keeps or has the care or management of a common gaming house or place; or

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(f) is a banker, croupier or other person who acts in any manner in the conduct of a common gaming house or place—

is guilty of an offence punishable by—

(g) a fine not exceeding 50 penalty units or imprisonment not exceeding 6 months for a first offence; or

(h) a fine not exceeding 100 penalty units or imprisonment not exceeding 12 months for a second or subsequent offence.".

108. Repeal

Section 44 of the Principal Act is repealed.

109. Insertion of new sections 51 to 58C

For sections 51 to 58 of the Principal Act substitute—

"51. Declaration of common gaming house

(1) If an officer of police suspects on reasonable grounds that a house or place is used as—

(a) a common gaming house or place; or

(b) a means of access to or of exit or escape from a common gaming house or place—

the officer may apply to the Magistrates' Court for a declaration under sub-section (4).

(2) An application must be supported by affidavit.

(3) Notice in writing of the application must, not less than 72 hours before the hearing of the application—

(a) be served on the owner or occupier of the house or place; or

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S. 109 amended by No. 90/1997 s. 40(b).

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(b) be advertised in a newspaper circulating generally in the locality in which the house or place is situated.

(4) On an application under sub-section (1), the Magistrates' Court may declare the house or place which is the subject of the application to be a common gaming house or place.

(5) A declaration remains in force—

(a) for the period specified in the declaration; or

(b) until rescinded by the Magistrates' Court—

whichever is the earlier.

52. Application for rescission by owner etc.

(1) The owner, agent, mortgagee or occupier of a house or place that has been declared to be a common gaming house or place may apply to the Magistrates' Court for rescission of the declaration.

(2) Notice in writing of the application must, not less than 72 hours before the hearing of the application, be served on a superintendent or inspector of police stationed in the police district in which the common gaming house or place is situated.

(3) On an application under sub-section (1), the applicant must prove on the balance of probabilities that the applicant has not at any time used the house or place as a common gaming house or place or as a means of access to or of exit or escape from a common gaming house or place or permitted it to be so used.

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(4) The Magistrates' Court may rescind a declaration subject to any terms or conditions that the Court thinks fit, including the giving of security to insure that the house or place will not be used again as a common gaming house or place or as a means of access to or of exit or escape from a common gaming house or place.

53. Application for rescission by police

(1) An officer of police may apply to the Magistrates' Court for rescission of a declaration that a house or place is a common gaming house or place.

(2) On an application under sub-section (1), the applicant must prove on the balance of probabilities that the house or place is not used as a common gaming house or place or in contravention of this Part.

(3) The Magistrates' Court may rescind a declaration in the manner referred to in section 52(4).

54. Notice in the Government Gazette

(1) The applicant must cause notice of—

(a) a declaration under section 51; or

(b) a rescission under section 52 or 53 and the terms or conditions subject to which the rescission was made—

to be published in the Government Gazette.

(2) In a proceeding under this Act, the production of a copy of the Government Gazette containing a notice referred to in sub-section (1) is evidence that the declaration or rescission referred to in the notice was duly made.

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55. Other notices of declaration

(1) If a house or place is declared to be a common gaming house or place under section 51, an officer of police must—

(a) cause a notice of the making of the declaration—

(i) to be published on 2 days in a newspaper circulating in the neighbourhood of the house or place; and

(ii) to be served on the owner, agent, mortgagee or occupier of the house or place; and

(b) cause a copy of the declaration to be posted up on the house or place so as to be visible and legible to a person entering the house or place.

(2) Service under sub-section (1)(a)(ii) may be effected—

(a) by personal service; or

(b) if, in the opinion of the officer of police, personal service cannot be effected promptly, by causing a copy of the notice to be affixed at or near to the entrance to the house or place; or

(c) in the case of the owner or occupier, by posting a prepaid letter addressed to "the owner" or "the occupier" and bearing an address or description of the house or place that, in the opinion of the court, would ensure the delivery of the letter at the house or place.

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(3) In a proceeding under this Act, the production of a copy of a newspaper containing a notice referred to in sub-section (1)(a)(i) is evidence that the notice was duly published in that newspaper on the date appearing on the newspaper.

(4) A person must not cover, remove, deface or destroy a copy of a declaration posted up on premises in accordance with sub-section (1)(b).

Penalty: 50 penalty units or imprisonment for 6 months.

(5) It is not a defence to a proceeding under this Division to show—

(a) non-compliance with any of the requirements of this section; or

(b) that a copy of a declaration posted up on premises in accordance with sub-section (1)(b) has been covered, removed, defaced or destroyed.

56. Persons found etc. in declared common gaming house

(1) If—

(a) a house or place has been declared to be a common gaming house or place; and

(b) notice of the making of the declaration has been published in a newspaper in accordance with section 55(1)(a)(i); and

(c) the declaration is in force—

a person must not be found in or on or entering or leaving the common gaming house or place or any other house or place

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used as a means of access to, or of exit or escape from, the common gaming house or place.


(2) It is a defence to a prosecution for an offence against sub-section (1) to prove that the defendant—

(a) was ignorant of the making of the declaration at the time of the alleged offence; or

(b) was in or on or entering or leaving the house or place for some lawful purpose.

(3) A member of the police force may arrest without warrant a person referred to in sub-section (1) and take the person before a bail justice or the Magistrates' Court to be dealt with according to law.

57. Convicted persons found in declared common gaming house

A person who has been convicted of an indictable offence must not be found in a house or place that has been declared to be a common gaming house or place during the time that the declaration is in force.


58. No business to be carried on in declared common gaming house

A person must not carry on, exercise or conduct a business, trade, profession or calling, whether authorised by a licence, registration or authority under an Act or otherwise and whether on behalf of any

s. 109

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person or otherwise, in a house or place that has been declared to be a common gaming house or place during the time that the declaration is in force.

58A. Liability of owner

(1) If—

(a) notice of the making of a declaration under section 51 is served on an owner of a house or place; and

(b) during the time that the declaration is in force, the house or place is used as a common gaming house or place or as a means of access to or of exit or escape from a common gaming house or place—

the owner is guilty of an offence punishable by—

(c) a fine not exceeding 100 penalty units or imprisonment not exceeding 12 months for a first offence; or

(d) a fine not exceeding 200 penalty units or imprisonment not exceeding 2 years for a second or subsequent offence.

(2) It is a defence to a charge for an offence against sub-section (1) to prove that the defendant took all reasonable steps to evict the occupier from the house or place.

58B. Liability of occupier

(1) If—

(a) notice of the making of a declaration is served on an occupier of a house or place; and

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(b) during the time that the declaration is in force, the house or place is used as a common gaming house or place or as a means of access to or of exit or escape from a common gaming house or place—

the occupier is guilty of an offence punishable by—

(c) a fine not exceeding 100 penalty units or imprisonment not exceeding 12 months for a first offence; or

(d) a fine not exceeding 200 penalty units or imprisonment not exceeding 2 years for a second or subsequent offence.

(2) It is a defence to a charge for an offence against sub-section (1) to prove that the defendant took all reasonable steps to prevent such use.

58C. Continuing offences

If a person is convicted of an offence against section 58A or 58B, the person is guilty of a further offence if the offence continues after the conviction or after service by a member of the police force on the person of a notice of contravention and is liable to an additional penalty for each day on which the offence continues of not more than 5 penalty units.".

110. Persons found in gaming house

In section 65 of the Principal Act, for "1 penalty unit" substitute "25 penalty units for a first offence or not more than 50 penalty units for a second or subsequent offence".

111. Repeal of Schedule

Schedule Three to the Principal Act is repealed.

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_______________

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PART 10—CONSEQUENTIAL AMENDMENTS

112. Amendment of the Lotteries Gaming and Betting Act 1966

The Lotteries Gaming and Betting Act 1966 is amended as follows—

(a) in section 3 omit the definitions of "bingo", "bingo permit", "Board", "community purpose", "community or charitable organisation", "Director", "gaming investigator", "gross receipts", "multiple coin machine" and "Supreme Court";

(b) in section 3, in the definition of "lottery", for "sub-section (4) of section 5" substitute "section 5 of the Gaming No. 2 Act 1997";

(c) section 4A is repealed;

(d) Parts I and IA are repealed;

(e) in section 86(1), omit paragraph (ca).

113. Amendment of the Gaming and Betting Act 1994

The Gaming and Betting Act 1994 is amended as follows—

(a) in section 84, after "Lotteries Gaming and Betting Act 1966" insert ", the Gaming No. 2 Act 1997";

(b) in section 85(3), for "member" (where secondly occurring) substitute "person";

(c) in section 92(3), after "Gaming Machine Control Act 1991" insert "or an operator's licence under the Gaming No. 2 Act 1997";

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(d) in section 92(4), for "or the Gaming Machine Control Act 1991" substitute ", the Gaming Machine Control Act 1991 or the Gaming No. 2 Act 1997";

(e) in section 97(2), after "Gaming Machine Control Act 1991" insert "or with an operator of a bingo centre within the meaning of the Gaming No. 2 Act 1997";

(f) in section 102, after "Gaming Machine Control Act 1991" insert ", the Gaming No. 2 Act 1997";

(g) in section 104(1), for "and the Gaming Machine Control Act 1991 and the Club Keno Act 1993" substitute ", the Gaming Machine Control Act 1991, the Club Keno Act 1993 and the Gaming No. 2 Act 1997";

(h) in section 105, for "and the Gaming Machine Control Act 1991 and the Casino Control Act 1991 and the Club Keno Act 1993" substitute ", the Gaming Machine Control Act 1991, the Casino Control Act 1991, the Club Keno Act 1993 and the Gaming No. 2 Act 1997".

114. Amendment of the Gaming Machine Control Act 1991

(1) In section 3(1) of the Gaming Machine Control Act 1991, in the definition of "Director", after "Gaming" (where first occurring) insert "and Betting".

(2) The Gaming Machine Control Act 1991 is amended as follows—

(a) in section 3(1)—

(i) in the definition of "gaming machine", for "section 6AA of the Lotteries Gaming and Betting Act 1966"

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substitute "the Gaming No. 2 Act 1997";

(ii) in the definition of "operator", for "section 6AG of the Lotteries Gaming and Betting Act 1966" substitute "the Gaming No. 2 Act 1997";

(b) in section 30(1), in paragraph (ea)(v) of the definition of "grounds for disciplinary action", after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997";

(c) in section 30(7A)(e), after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997";

(d) in section 51(1), in paragraph (b)(i) of the definition of "grounds for disciplinary action", after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997";

(e) in section 52(a), after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997";

(f) in section 56(1), for "section 6FS of the Lotteries Gaming and Betting Act 1966" substitute "section 57 of the Gaming No. 2 Act 1997";

(g) in section 56(3), for "section 6FS of the Lotteries Gaming and Betting Act 1966" substitute "section 57 of the Gaming No. 2 Act 1997".

115. Amendment of the Casino Control Act 1991

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The Casino Control Act 1991 is amended as follows—

(a) in section 3(1), in the definition of "operator" for "section 6AG of the Lotteries Gaming and Betting Act 1966" substitute "the Gaming No. 2 Act 1997";

(b) in section 6(2), for "Lotteries Gaming and Betting Act 1966 does" substitute "Lotteries Gaming and Betting Act 1966 and the Gaming No. 2 Act 1997 do";

(c) in section 45A(1), for "section 6FS of the Lotteries Gaming and Betting Act 1966" substitute "section 57 of the Gaming No. 2 Act 1997";

(d) in section 45A(3), for "section 6FS of the Lotteries Gaming and Betting Act 1966" substitute "section 57 of the Gaming No. 2 Act 1997";

(e) in section 52(1), in paragraph (b)(i) of the definition of "grounds for disciplinary action" after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997";

(f) in section 53(a), after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997".

116. Amendment of the Liquor Control Act 1987

In section 150(1)(c)(i) of the Liquor Control Act 1987, after ' "an inspector of police" ' insert 'or "a member of the police force" '.

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117. Amendment of the Fundraising Appeals Act 1984

In section 4(3)(e) of the Fundraising Appeals Act 1984, for sub-paragraph (i) substitute—

"(i) the Gaming No. 2 Act 1997 applies; or".

118. Amendment of the Casino (Management Agreement) Act 1993

In section 6 of the Casino (Management Agreement) Act 1993, after sub-section (2) insert—

"(3) A reference in clause 24.1 of the Agreement to the Lotteries Gaming and Betting Act 1966 includes a reference to the Gaming No. 2 Act 1997.".

119. Amendment of the TT-Line Gaming Act 1993

In section 9(2) of the TT-Line Gaming Act 1993, for "does" substitute "and the Gaming No. 2 Act 1997 do".

120. Amendment of the Tobacco Act 1987

In section 13(1)(b) of the Tobacco Act 1987—

(a) for "section 6FB of the Lotteries Gaming and Betting Act 1966" substitute "the Gaming No. 2 Act 1997"; and

(b) for "bingo centre operator licence" substitute "operator's licence to operate the bingo centre".

* * * * *

_______________

s. 117

S. 121 repealed by No. 90/1997 s. 39(1).

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PART 11—SAVING AND TRANSITIONAL PROVISIONS

122. Transitional

(1) A declaration made under section 4A of the Lotteries Gaming and Betting Act 1966 and in force immediately before the commencement of this sub-section is deemed to be a declaration under section 4 of this Act.

(1A) A declaration made by the Authority under section 4 and in force immediately before the repeal of that section by the Gaming No. 2 (Community Benefit) Act 2000 is deemed to be a declaration made by the Director under Division 1 of Part 3.

(2) A bank account approved under section 5A of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section is deemed to be approved under section 89 of this Act.

(3) A consent to conduct a raffle in force under section 6(1) of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

(a) is deemed to be a minor gaming permit authorising the conduct of the raffle issued under section 15 of this Act; and

(b) despite anything to the contrary in section 17, expires on the day on which the consent would have expired under the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered.

(4) A permit to conduct a series of raffles in force under section 6(1A) of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

s. 122

S. 122(1A) inserted by No. 90/2000 s. 18.

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(a) is deemed to be a minor gaming permit authorising the conduct of the series of raffles issued under section 15 of this Act; and

(b) despite anything to the contrary in section 17, expires on the day on which the permit would have expired under section 6(1B) of the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered.

(5) A permit to conduct a lottery, or a series of lotteries, for the promotion of a trade or business in force under section 6AAA(1) or (2A) of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

(a) is deemed to be a permit issued under section 29 of this Act; and

(b) despite anything to the contrary in section 30, expires on the day on which the permit would have expired under the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered.

(5A) Section 31(2) applies only in respect of a permit issued under Part 4 on or after the commencement of section 24 of the Gaming No. 2 (Community Benefit) Act 2000.

(6) A permit to sell lucky envelopes in force under section 6AB(1) of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

(a) is deemed to be a minor gaming permit authorising the sale of lucky envelopes issued under section 15 of this Act; and


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(b) despite anything to the contrary in section 17, expires on the day on which the permit would have expired under section 6AB(3) of the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered.

(7) A bingo permit in force under section 6A of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

(a) is deemed to be a minor gaming permit authorising the conduct of the session or sessions of bingo games issued under section 15 of this Act; and

(b) despite anything to the contrary in section 17, expires on the day on which the permit would have expired under section 6A(8) of the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered.

(8) An operator's licence in force under section 6FI of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

(a) is deemed to be an operator's licence issued under section 40 of this Act; and

(b) despite anything to the contrary in section 40, expires on the day on which the licence would have expired under section 6FI of the Lotteries Gaming and Betting Act 1966 unless it is sooner revoked or surrendered.

(9) A provisional operator's licence in force under section 6FLA of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

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(a) is deemed to be a provisional operator's licence issued under section 45 of this Act; and

(b) despite anything to the contrary in section 45, expires on the day on which the licence would have expired under section 6FLA of the Lotteries Gaming and Betting Act 1966.

(10) An employee's licence in force under section 6FS of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

(a) is deemed to be an employee's licence issued under section 57 of this Act; and

(b) despite anything to the contrary in section 62, expires on the day on which the licence would have expired under section 6FV of the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered.

(11) A provisional licence in force under section 6FUA of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section—

(a) is deemed to be a provisional licence issued under section 61 of this Act; and

(b) despite anything to the contrary in section 61, ceases to have effect on the day on which the licence would have ceased to have effect under section 6FUA of the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered.

(12) If, immediately before the commencement of section 3 of the Gaming No. 2 (Amendment) Act 1998—

s. 122

S. 122(12) inserted by No. 30/1998 s. 4.

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(a) an application for a permit has been made to the Authority but not determined under section 29; or

(b) an application to the Administrative Appeals Tribunal for the review of a decision of the Authority under section 29 has been commenced but not determined—

this Act, and regulations made under this Act, as in force immediately before the commencement of section 3 of that Act continue to apply as if section 3 of that Act had not been enacted.

(13) The Authority may exercise the powers in section 92(5A) in the course of considering a decision to take action under section 92 against a person who is the holder of a bingo employee's licence even though the consideration had begun before the commencement of section 28 of the Gaming No. 2 (Community Benefit) Act 2000 if the decision to take action had not been made before the commencement of section 28.

123. Saving

(1) A permit issued under section 5(4)(e) of the Lotteries Gaming and Betting Act 1966 or an approval issued under section 5AAA of the Lotteries Gaming and Betting 1966 as in force immediately before the commencement of this section to conduct Calcutta Sweepstakes on or after that commencement continues in force as if this Act had not been enacted.

(2) An employee's licence in force immediately before the amendment of section 62 by the Gaming No. 2 (Community Benefit) Act 2000, continues for a period of 3 years after the end of the month in which it was issued, unless sooner cancelled or suspended, as if section 62 had not been so amended.

S. 122(13) inserted by No. 90/2000 s. 28(2).

S. 123 amended by No. 90/2000 s. 26(2) (ILA s. 39B(1)).

s. 123

S. 123(2) inserted by No. 90/2000 s. 26(2).

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124. Transitional provisions—appeal periods

(1) If, immediately before the amendment of section 34 by the Gaming No. 2 (Community Benefit) Act 2000, any person was entitled to object to an application under section 34, that person may object to an application under section 34 in accordance with that section as amended by that Act.

(2) If, immediately before the amendment of section 57 or 86 by the Gaming No. 2 (Community Benefit) Act 2000, any person was entitled to appeal against a decision of the Director under section 57 or 86, that person may appeal against that decision under section 57 or 86 (as appropriate) in accordance with the relevant section as amended by that Act.

═══════════════

S. 124 inserted by No. 90/2000 s. 20.

s. 124

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ENDNOTES

1. General Information Minister's second reading speech—

Legislative Assembly: 20 March 1997

Legislative Council: 8 April 1997

The long title for the Bill for this Act was "to revise the law relating to minor gaming, to make consequential and other amendments to the Lotteries Gaming and Betting Act 1966 and for other purposes."

The Gaming No. 2 Act 1997 was assented to on 6 May 1997 and came into operation as follows:

Section 114(1) on 3 June 1994: section 2(2); sections 1, 2 on 6 May 1997: section 2(1); rest of Act on 31 March 1998: section 2(4).

Endnotes

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2. Table of Amendments This Version incorporates amendments made to the Gaming No. 2 Act 1997 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Gaming Acts (Miscellaneous Amendment) Act 1997, No. 90/1997 Assent Date: 9.12.97 Commencement Date: Ss 39(1), 40 on 9.12.97: s. 2(1) Current State: This information relates only to the provision/s

amending the Gaming No. 2 Act 1997

Gaming No. 2 (Amendment) Act 1998, No. 30/1998 Assent Date: 19.5.98 Commencement Date: 19.5.98: s. 2 Current State: All of Act in operation

Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998 Assent Date: 26.5.98 Commencement Date: S. 44 on 26.5.98: s. 2(1) Current State: This information relates only to the provision/s


Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 33) on 1.7.98: Government Gazette

18.6.98 p. 1512 Current State: This information relates only to the provision/s


Gaming Acts (Further Amendment) Act 1998, No. 90/1998 Assent Date: 24.11.98 Commencement Date: Ss 28, 33–35, 37–39 on 24.11.98: s. 2(1); ss 29–32 on

1.3.99: s. 2(2); s. 36 on 1.6.99: s. 2(3) Current State: This information relates only to the provision/s


Racing and Betting Acts (Amendment) Act 1998, No. 97/1998 Assent Date: 24.11.98 Commencement Date: S. 37 on 10.12.98: Government Gazette 10.12.98

p. 2998 Current State: This information relates only to the provision/s


Interactive Gaming (Player Protection) Act 1999, No. 41/1999 Assent Date: 8.6.99 Commencement Date: S. 77 on 9.11.00: Government Gazette 9.11.00

p. 2667 Current State: This information relates only to the provision/s


Endnotes

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Public Lotteries Act 2000, No. 73/2000 Assent Date: 21.11.00 Commencement Date: S. 99(2)(3) on 28.11.00: Government Gazette

23.11.00 p. 2746 Current State: This information relates only to the provision/s


Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 55) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s


Gambling Legislation (Miscellaneous Amendments) Act 2000, No. 88/2000 Assent Date: 5.12.00 Commencement Date: S. 63 on 1.2.01: Government Gazette 1.2.01 p. 129 Current State: This information relates only to the provision/s


Gaming No. 2 (Community Benefit) Act 2000, No. 90/2000 Assent Date: 5.12.00 Commencement Date: Ss 13–20, 22–25, 27(1), 30 on 1.2.01: Government

Gazette 1.2.01 p. 129; ss 21, 26, 28, 29 on 1.3.01: Government Gazette 1.3.01 p. 303; s. 8 on 29.3.01: Government Gazette 29.3.01 p. 523; ss 27(2), 31–33 on 26.4.01: Government Gazette 26.4.01 p. 744

Current State: This information relates only to the provision/s amending the Gaming No. 2 Act 1997

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes

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3. Explanatory Details No entries at date of publication.

Endnotes

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