Gambling Regulation Amendment Act 2013 No. 27 of 2013

TABLE OF PROVISIONSSection Page

1 Purpose 12 Commencement 13 Principal Act 24 Definitions 25 Payments etc. to venue operator unlawful 36 Access to gaming machines 37 Commission may give directions 38 Payment to Community Support Fund 49 Exemption of totalisators and approved betting competitions

at fixed odds 410 New section 4.3A.34L substituted 5

4.3A.34L Verification of registered player's identity 511 Wagering and betting funds of registered players 512 Requirements in relation to approved simulated racing events 513 References to obsolete provisions updated 514 Definitions for Chapter 6A (Keno) 615 New section 6A.1.3 inserted 6

6A.1.3 Keno linked jackpot arrangements 616 Returns to players of keno games 717 Definitions for Chapter 8 (Community and charitable gaming) 718 Bingo pooling schemes 719 Compulsory training for certain gaming industry employees 820 Service of documents 821 Statute law revision 822 Repeal of amending Act 9

═══════════════

ENDNOTES 10

1

Gambling Regulation Amendment Act 2013†

No. 27 of 2013

[Assented to 15 May 2013]

The Parliament of Victoria enacts:

1 Purpose

The purpose of this Act is to make miscellaneous amendments to the Gambling Regulation Act 2003.

2 Commencement

(1) This Act (except sections 6, 10, 11, 14, 15 and 16) comes into operation on the day after the day on which it receives the Royal Assent.

Victoria

1

(2) Subject to subsection (3), sections 6, 10, 11, 14, 15 and 16 come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 April 2014, it comes into operation on that day.

3 Principal Acts. 3

See:Act No.114/2003.Reprint No. 5as at16 August 2012and amendingAct Nos60/2011 and 20/2012.LawToday:www.legislation.vic.gov.au

In this Act, the Gambling Regulation Act 2003 is called the Principal Act.

4 Definitions

(1) Insert the following definition in section 1.3(1) of the Principal Act—

"business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;".

(2) In section 1.3(1) of the Principal Act, in the definition of pooling scheme, for "holder of the

Clause Page

2

minor gaming permit for" substitute "community or charitable organisation which conducts".

5 Payments etc. to venue operator unlawful

After section 3.4.68(2) of the Principal Act insert—

"(2A) Subsections (1) and (2) do not apply—

(a) to a payment or benefit that is authorised by this Act to be made, conferred or received; or

(b) without limiting paragraph (a), to—

(i) the provision by a person listed on the Roll of a discount on the sale of gaming machines in bulk to a venue operator in accordance with a price list published under section 3.4.68A by the person; or

(ii) the receipt by a venue operator of such a discount.".

6 Access to gaming machines

Section 3.5.14 of the Principal Act is repealed.

7 Commission may give directions

(1) For section 3.5.27(2) of the Principal Act substitute—

"(2) A person to whom a direction is given under subsection (1) must comply with it as soon as it takes effect.

Clause Page

3

s. 5

Penalty: 25 penalty units.".

(2) In section 3.5.27 of the Principal Act—

(a) in subsection (3), for "the operator" substitute "the person";

(b) in subsection (4), for "the operator's licence" substitute "the applicable licence".

8 Payment to Community Support Fund

(1) In section 3.6.12(1) of the Principal Act, for "and the relevant pub gaming machine entitlement amount in respect of each period referred to in that section" substitute "in respect of each period referred to in that section and the relevant pub gaming machine entitlement amount in respect of each period referred to in section 3.6.6A".

(2) In section 3.6.12(1A) of the Principal Act—

(a) for "8 financial years" substitute "12 financial years";

(b) after "section 3.6.6(2)(c)" insert "and the relevant pub gaming machine entitlement amount".

9 Exemption of totalisators and approved betting competitions at fixed odds

(1) In section 4.1.3(4) of the Principal Act, after "conducted by the wagering and betting licensee" insert "or the wagering and betting operator".

(2) After section 4.1.3(5) of the Principal Act insert—

"(6) The Treasurer, by notice given to the wagering and betting licensee, may, subject to the conditions (if any) determined by the Treasurer and specified in the notice, declare

Clause Page

4

s. 8

that specified amounts, or amounts of a specified class, are deemed, for the purposes of section 4.6.6(2A), not to form part of the net investment in approved betting competitions at fixed odds conducted by the wagering and betting licensee or the wagering and betting operator.".

10 New section 4.3A.34L substituted

For section 4.3A.34L of the Principal Act substitute—

"4.3A.34L Verification of registered player's identity

The wagering and betting licensee must ensure that a registered player's identity is verified in accordance with the conditions of the licensee's wagering and betting licence.

Penalty: 600 penalty units.".

11 Wagering and betting funds of registered players

(1) In section 4.3A.34M(7) of the Principal Act, for "working day" substitute "business day".

(2) After section 4.3A.34M(7) of the Principal Act insert—

"(7A) Subsections (5), (6) and (7) apply only after the registered player's identity has been verified under section 4.3A.34L and apply subject to any applicable laws of the Commonwealth.".

12 Requirements in relation to approved simulated racing events

Division 6C of Part 3A of Chapter 4 of the Principal Act is repealed.

13 References to obsolete provisions updated

Clause Page

5

s. 10

In sections 4.5.25(3) and 4.5.27(4) of the Principal Act—

(a) for "section 10.1.22" substitute "section 28 of the Victorian Commission for Gambling and Liquor Regulation Act 2011";

(b) for "held" substitute "conducted".

14 Definitions for Chapter 6A (Keno)

(1) Insert the following definition in section 6A.1.2 of the Principal Act—

"approved keno linked jackpot arrangement means an arrangement approved under section 6A.1.3;".

(2) At the end of section 6A.1.2 of the Principal Act insert—

"(2) In determining, for the purposes of the definition of keno revenue in subsection (1), the sum of prizes payable in respect of keno games, if any prize is payable from a common jackpot prize pool under an approved keno linked jackpot arrangement, only that part of the prize pool contributed by the keno licensee is to be taken into account.".

15 New section 6A.1.3 inserted

After section 6A.1.2 of the Principal Act insert—

"6A.1.3 Keno linked jackpot arrangements

(1) The Minister, by instrument, may approve an arrangement between the keno licensee and a licensee in another jurisdiction to conduct an identical keno game and to create a common jackpot prize pool.

Clause Page

6

s. 14

(2) The Minister or the Commission may request the keno licensee to provide to the Minister or the Commission (as the case requires) any information related to the operation of an approved keno linked jackpot arrangement.

(3) The keno licensee must comply with a request under subsection (2).".

16 Returns to players of keno games

(1) In section 6A.4.1(2) of the Principal Act, after "the licensee" insert "or prizes in respect of keno games played (in Victoria or elsewhere) under an approved keno linked jackpot arrangement".

(2) After section 6A.4.1(2) of the Principal Act insert—

"(3) A reference in this section to a prizes fund established by the licensee includes a reference to a common jackpot prize pool established under an approved keno linked jackpot arrangement.".

17 Definitions for Chapter 8 (Community and charitable gaming)

In section 8.1.2 of the Principal Act, in the definition of nominee, after paragraph (a) insert—

"(ab) in relation to the conduct of sessions of bingo by a community or charitable organisation, the natural person nominated by the organisation under section 8.4.2A(2)(c) or 8.4.2B(2)(a);".

18 Bingo pooling schemes

(1) For section 8.4.10(2)(a) of the Principal Act substitute—

Clause Page

7

s. 16

"(a) must not be inconsistent with this Act or the regulations; and".

(2) For section 8.4.12(1)(c) of the Principal Act substitute—

"(c) are inconsistent with this Act or the regulations.".

19 Compulsory training for certain gaming industry employees

(1) In section 9A.1.18(1) of the Principal Act, for "subsection (1B)" substitute "subsections (1B) and (1C)".

(2) After section 9A.1.18(1B) of the Principal Act insert—

"(1C) Subsection (1) does not apply to a person (other than a licensee) working in the gaming machine area of an approved venue who has no contact or interaction, or only incidental contact or interaction, with players of gaming machines in that area.Example

Persons employed by a venue operator who have no, or only incidental, contact with players of gaming machines may include cleaners, technicians or tradespersons.".

20 Service of documents

For section 11.1.2(a)(iii) of the Principal Act substitute—

"(iii) by sending it by post to the person at his or her usual or last known place of residence or business; or".

21 Statute law revision

Clause Page

8

s. 19

In the heading to Part 25 of Schedule 7 to the Principal Act, for "GAMBLING LEGISLATION" substitute "JUSTICE LEGISLATION FURTHER".

22 Repeal of amending Act

This Act is repealed on 1 April 2015.Note

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

═══════════════

Clause Page

9

s. 22

ENDNOTES

Endnotes

Gambling Regulation Amendment Act 2013No. 27 of 2013

10

† Minister's second reading speech—

Legislative Assembly: 20 March 2013

Legislative Council: 18 April 2013

The long title for the Bill for this Act was "A Bill for an Act to make miscellaneous amendments to the Gambling Regulation Act 2003 and for other purposes."