Gambling Legislation Amendment Act 2018FILE/18-009a.docx · Web viewOCPC Victoria, Word 2007, Template Release 17/11/2017A (PROD) SectionPage Endnotes Gambling Legislation Amendment

Gambling Legislation Amendment Act 2018 No. 9 of 2018

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Amendments to the Gambling Regulation Act 2003 3

3 Section 2.5A.4 substituted 34 Repeal of sections 2.5A.5, 2.5A.6, 2.5A.7 and 2.5A.8 35 Fixed term ban order 36 Conditions of approval 47 New section 3.3.11A inserted 68 Consideration and making of amendment 69 New section 3.4.20A inserted 710 Approval of gaming machine types and games 811 New section 3.6.1B inserted 812 Amendment of Division heading, betting on contingencies

relating to events 913 New section 4.5.29AA inserted 914 Commission may prohibit betting on contingencies relating to

events 915 Notice and publication requirements 1016 Offence to offer bets on a contingency relating to an event 1017 New Part inserted after Part 5 of Chapter 4 1018 New sections 4.7.1 and 4.7.1A inserted 1519 Functions of Commission 1820 Definitions 1821 General duty of confidentiality 1822 Other permitted disclosures 1923 Schedule 7 amended 19

Part 3—Amendments to the Victorian Commission for Gambling and Liquor Regulation Act 2011 21

24 Constitution of Commission 2125 Sessional commissioners 2126 New Division 2A of Part 2 inserted 2127 How may Commission's functions, duties and powers be

performed or exercised? 23

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28 Meetings and inquiries generally 2329 Delegation 2330 Inquiries by Commission 24

Part 4—Repeal of amending Act 25

31 Repeal of amending Act 25═════════════

Endnotes 26

1 General information 26

Gambling Legislation Amendment Act 2018†

No. 9 of 2018

[Assented to 14 March 2018]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to amend the Gambling Regulation Act 2003—

(i) to prohibit the display of gambling advertising on public transport, near schools and on public roads, road infrastructure and road reserves; and

Victoria

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(ii) to require unpaid jackpot amounts to be paid into the Responsible Gambling Fund; and

(iii) to modify the provisions regarding disclosure of protected information between regulated persons; and

(iv) to amend the process for making fixed term ban orders; and

(v) to clarify when conditional approvals of premises may be revoked; and

(vi) to provide that an application for approval of premises is automatically revoked when an applicant ceases to hold an interest in the premises; and

(vii) to enable the Minister to ban or impose a condition on, in the public interest, a betting contingency offered by a wagering service provider; and

(b) to amend the Victorian Commission for Gambling and Liquor Regulation Act 2011 to improve the governance arrangements of the Commission.

2 Commencement

(1) This Act (other than sections 6 to 9, 11, 18 and 26) comes into operation on the day after the day it receives the Royal Assent.

(2) Subject to subsection (3), sections 6 to 9, 11, 18 and 26 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 September 2018, it comes into operation on that day.

Section Page

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Part 2—Amendments to the Gambling Regulation Act 2003

3 Section 2.5A.4 substituted

For section 2.5A.4 of the Gambling Regulation Act 2003 substitute—

"2.5A.4 Procedure following interim ban order

(1) If the Minister makes an interim ban order, the Minister must ensure that written notice of the order is given to any person who the Minister is aware is offering or providing the gambling product or adopting the gambling practice in Victoria.

(2) On receipt of a notice under subsection (1), a person may make a submission to the Minister regarding an interim ban order or the gambling product or gambling practice to which the interim ban order relates.

(3) A person may make a submission referred to in subsection (2) within 90 days of the date of the notice, or such other longer period as specified in the order.".

4 Repeal of sections 2.5A.5, 2.5A.6, 2.5A.7 and 2.5A.8

Sections 2.5A.5, 2.5A.6, 2.5A.7 and 2.5A.8 of the Gambling Regulation Act 2003 are repealed.

5 Fixed term ban order

(1) For section 2.5A.9(1) of the Gambling Regulation Act 2003 substitute—

"(1) The Minister may make an order banning a gambling product or gambling practice that is the subject of an interim ban order for a period not exceeding 10 years, if the Minister is satisfied that the product or

Part 4—Repeal of amending Act

Gambling Legislation Amendment Act 2018No. 9 of 2018

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practice undermines or may undermine a responsible gambling objective.

(1A) In making a fixed term ban order—

(a) the Minister must consider, but is not bound by, any submissions received under section 2.5A.4; and

(b) the Minister may seek, but is not bound by, the advice of any person the Minister thinks fit.

(1B) The Minister may make a fixed term ban order even if the Minister has not received any submissions within the time limit referred to in section 2.5A.4(3).".

(2) For section 2.5A.9(2) of the Gambling Regulation Act 2003 substitute—

"(2) In circumstances where the Minister is not aware of any person providing a gambling product or engaging in a gambling practice that is the subject of an interim ban order, the Minister may not make a fixed term ban order until at least 90 days after the interim ban order is made.".

6 Conditions of approval

(1) In section 3.3.9(3)(c) of the Gambling Regulation Act 2003, for "fit." substitute "fit;".

(2) After section 3.3.9(3)(c) of the Gambling Regulation Act 2003 insert—

"(d) a condition that the approval does not take effect until the applicant has satisfied the Commission that it has complied with any other condition imposed by the Commission, as the Commission thinks fit.".



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(3) After section 3.3.9(4) of the Gambling Regulation Act 2003 insert—

"(5) If an approval is granted subject to a condition under section 3.3.9(3)(d), the holder of the approval must comply with the condition within 2 years of the approval being granted, or such other time specified by the Commission when granting the approval.

(6) If an approval is granted subject to a condition under section 3.3.9(3)(d), and the holder of the approval fails to comply with subsection (5), the approval is automatically revoked.

(7) If an approval is granted subject to a condition under section 3.3.9(3)(d), and before complying with the condition the holder of the approval ceases to have an interest in the premises or any other relevant authorisation as referred to in section 3.3.4(3)(a)—

(a) the holder of the approval must notify the Commission as soon as is practicable; and

(b) the approval is automatically revoked.

(8) The Commission may, by notice in writing, require the holder of an approval to provide information or documents relevant to whether the holder of the approval still has an interest in the premises or any other relevant authorisation as referred to in section 3.3.4(3)(a).



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(9) If a requirement under subsection (8) is not complied with, the Commission may revoke the approval.".

7 New section 3.3.11A inserted

After section 3.3.11 of the Gambling Regulation Act 2003 insert—

"3.3.11A Variation of conditional approval

(1) The holder of an approval of premises that has been granted subject to conditions under section 3.3.9(3)(d) may, at least 60 days before the expiry of the time in which to comply with a condition, make written application to the Commission for an extension of time to comply with the condition.

(2) An application under subsection (1) must be accompanied by a submission as to why the time to comply with the condition should be extended.

(3) On receiving an application under subsection (1), the Commission may, as it sees fit, by written notice to the holder of the approval, grant or refuse the application.

(4) A grant or refusal under subsection (3) takes effect when the notice is given or on a later date specified in the notice.".

8 Consideration and making of amendment

After section 3.4.20(3B) of the Gambling Regulation Act 2003 insert—

"(3C) An amendment may be granted subject to a condition that the amendment does not take effect until—



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(a) the venue operator satisfies the Commission that certain conditions specified by the Commission have been met; and

(b) the Commission has notified the venue operator in writing that it is satisfied that the conditions have been met.

(3D) Without limiting the matters to which conditions may relate, the conditions of an amendment may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.

(3E) If the Commission grants an amendment subject to conditions and the conditions are not met, the Commission must amend the conditions on a venue operator's licence to reduce the number of gaming machines permitted in an approved venue on the grounds that the venue operator has failed to meet a condition on the licence relating to additional gaming machines.

(3F) If the Commission amends a licence on the grounds set out in subsection (3E), the number by which the permitted gaming machines is reduced must be equal to the number of additional machines relating to the condition or conditions which the venue operator has failed to meet.".

9 New section 3.4.20A inserted

After section 3.4.20 of the Gambling Regulation Act 2003 insert—

"3.4.20A Variation of conditional amendment

(1) The holder of a licence subject to conditions imposed under section 3.4.20(3C) may, at



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least 60 days before the expiry of the time in which to comply with a condition, make written application to the Commission for an extension of time to comply with the condition.

(2) An application under subsection (1) must be accompanied by a submission as to why the time to comply with the condition should be extended.

(3) On receiving an application under subsection (1), the Commission may, as it sees fit, by written notice to the holder of the licence, grant or refuse the application.

(4) A grant or refusal under subsection (3) takes effect when the notice is given or on a later date specified in the notice.".

10 Approval of gaming machine types and games

In section 3.5.4(3)(b) of the Gambling Regulation Act 2003, for "section 3.5.3" substitute "sections 3.5.3 and 10.1.5A".

11 New section 3.6.1B inserted

After section 3.6.1A of the Gambling Regulation Act 2003 insert—

"3.6.1B Payment of unpaid jackpots to Responsible Gambling Fund

(1) This section applies if a venue operator is in possession of funds in a jackpot special prize pool that have not been paid out at the time of—

(a) the venue operator ceasing to hold a venue operator's licence; or

(b) the venue operator ceasing to hold any gaming machine entitlements; or



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(c) the venue operator not operating jackpots for 6 months.

(2) The venue operator must pay an amount equal to the funds in the jackpot special prize pool to the Treasurer for payment into the Responsible Gambling Fund established under section 19 of the Victorian Responsible Gambling Foundation Act 2011.

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

12 Amendment of Division heading, betting on contingencies relating to events

In the heading to Division 6 of Part 5 of Chapter 4 of the Gambling Regulation Act 2003, after "contingencies" insert "relating to events".

13 New section 4.5.29AA inserted

After the heading to Division 6 of Part 5 of Chapter 4 of the Gambling Regulation Act 2003 insert—

"4.5.29AA Definition

In this Division—

contingency relating to an event means a contingency relating to an event or class of event—

(a) approved under Division 3 for betting purposes; and

(b) held wholly or partly in Victoria.".

14 Commission may prohibit betting on contingencies relating to events

(1) In the heading to section 4.5.29 of the Gambling Regulation Act 2003, for "contingencies" substitute "a contingency relating to an event".



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(2) In section 4.5.29(1) of the Gambling Regulation Act 2003, after "contingency" (where twice occurring) insert "relating to an event".

(3) In section 4.5.29(1A) of the Gambling Regulation Act 2003, after "contingency" insert "relating to an event".

(4) Section 4.5.29(4) of the Gambling Regulation Act 2003 is repealed.

15 Notice and publication requirements

In section 4.5.30(3B) of the Gambling Regulation Act 2003, after "contingency" insert "relating to an event".

16 Offence to offer bets on a contingency relating to an event

(1) In the heading to section 4.5.31 of the Gambling Regulation Act 2003, for "prohibited betting contingencies" substitute "a contingency relating to an event".

(2) In section 4.5.31(1) of the Gambling Regulation Act 2003, after "contingency" insert "relating to an event".

(3) In section 4.5.31(2) of the Gambling Regulation Act 2003, after "contingency" insert "relating to an event".

17 New Part inserted after Part 5 of Chapter 4

After Part 5 of Chapter 4 of the Gambling Regulation Act 2003 insert—

"Part 5AA—Prohibitions or conditions on betting on

contingencies4.5AA.1 Definitions

In this Part—



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contingency means any contingency other than a contingency that has been prohibited by a prohibition under section 4.5.29;

contingency betting condition means a contingency that is subject to a condition imposed by an instrument made under section 4.5AA.2(1), including a condition that is varied under section 4.5AA.2(2);

contingency betting prohibition means a contingency prohibited by an instrument made under section 4.5AA.2(1), including a prohibition that is varied under section 4.5AA.2(2).

4.5AA.2 Minister may prohibit or impose conditions on betting on contingencies

(1) The Minister, by instrument, may—

(a) prohibit betting on a contingency with a wagering service provider if the Minister considers that betting on the contingency is contrary to the public interest; or

(b) impose a condition on betting on a contingency with a wagering service provider if the Minister considers that betting on the contingency other than in accordance with the condition is contrary to the public interest.

(2) The Minister, by instrument, may vary or revoke a contingency betting prohibition or contingency betting condition under subsection (1) at any time.



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4.5AA.3 Matters to consider when prohibiting or imposing conditions on betting on contingencies

In making, varying or revoking a contingency betting prohibition or contingency betting condition under section 4.5AA.2, the Minister—

(a) may consider any responsible gambling objective (as defined in section 2.5A.1) and any consumer protection issue associated with betting on the contingency; and

(b) must not consider whether the proposed prohibition, condition, variation or revocation will—

(i) affect State revenue; or

(ii) harm Victorian businesses.

4.5AA.4 Notice and publication requirements

(1) If the Minister makes, varies or revokes a contingency betting prohibition or contingency betting condition, the Minister—

(a) must cause notice of the making, variation or revocation to be published in the Government Gazette; and

(b) as soon as practicable after publication under paragraph (a), must cause notice of the making, variation or revocation to be given to each wagering service provider likely to be affected by the prohibition or condition.

(2) The Minister must cause a copy of an instrument making a contingency betting prohibition or contingency betting condition to be laid before each House of Parliament



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within 6 sitting days of that House after the making of the instrument.

(3) Failure to notify a wagering service provider under subsection (1)(b) does not affect the validity of the prohibition, condition, variation or revocation.

(4) The Commission must—

(a) cause to be made available on its website, a list of all prohibitions and conditions under this Division; and

(b) update the list as soon as practicable after each publication under subsection (1)(a).

4.5AA.5 Taking effect of prohibition or condition

(1) A contingency betting prohibition or contingency betting condition, or variation of a contingency betting prohibition or contingency betting condition, takes effect on a day specified in the notice under section 4.5AA.4 that is no earlier than 30 days after publication of the notice in the Government Gazette.

(2) Revocation of a contingency betting prohibition or contingency betting condition takes effect on the day the notice of the revocation is published in the Government Gazette under section 4.5AA.4.

4.5AA.6 Submissions on making or varying a prohibition or condition

Before making or varying a contingency betting prohibition or contingency betting condition, the Minister—



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(a) may request wagering service providers to make submissions to the Minister on the proposed making or varying of the prohibition or condition, within the time specified in the request; and

(b) must have regard to any submissions made under paragraph (a) within the specified time.

4.5AA.7 Disallowance of contingency betting prohibition or condition

(1) A contingency betting prohibition or contingency betting condition is disallowed if—

(a) a notice of a resolution to disallow the prohibition or condition is given in a House of Parliament on or before the 18th sitting day of that House after the prohibition or condition is laid before that House; and

(b) the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution.

(2) Disallowance of a contingency betting prohibition or contingency betting condition has the same effect as a revocation of the prohibition or condition.

4.5AA.8 Offences to offer bets on prohibited betting contingencies and not to comply with conditions on betting contingencies

(1) A wagering service provider must not—

(a) accept, offer to accept, or invite a person to place, a bet; or

(b) facilitate the placing of a bet—



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on a contingency that is the subject of a prohibition under section 4.5AA.2.

Penalty: 60 penalty units.

(2) A wagering service provider must not—

(a) accept, offer to accept, or invite a person to place, a bet; or

(b) facilitate the placing of a bet—

on a contingency that is the subject of a condition under section 4.5AA.2 other than in accordance with that condition.


(3) Despite anything in Subdivision (1) of Division 1 of Part II of the Crimes Act 1958, a person is not involved in the commission of an offence against subsection (1) or (2) only because the person places a bet on a prohibited contingency, or contingency subject to conditions, with a wagering service provider.".

18 New sections 4.7.1 and 4.7.1A inserted

After section 4.7.1AA of the Gambling Regulation Act 2003 insert—

"4.7.1 Offence to display betting advertising in certain locations

(1) A wagering service provider must not display, or cause to be displayed, any gambling advertising that is static betting advertising—

(a) on public transport infrastructure; or



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(b) within 150 metres of the perimeter of a school; or

(c) on or above a public road, road infrastructure or road reserve.


(2) In this section—

public road has the same meaning as it has in the Road Management Act 2004;

public transport infrastructure includes—

(a) fixed or non-movable infrastructure, such as train stations, bus shelters, tram stops, ferry terminals and "park and ride" facilities; and

(b) movable infrastructure for transport predominantly operated within Victoria, such as trams, trains, buses, ferries, airport shuttles, bike share infrastructure, taxis, V-Line trains and coaches;

road infrastructure has the same meaning as it has in the Road Management Act 2004;

road reserve has the same meaning as it has in the Road Management Act 2004;

school has the same meaning as it has in the Education and Training Reform Act 2006;

static betting advertising includes but is not limited to—



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(a) static advertising displays, including but not limited to billboards, banners, hoardings, signs, images or rolling static displays; and

(b) digital billboards and panels, including those that display moving or video images; and

(c) moveable billboards and displays—

but does not include advertising using the following—

(d) broadcast television, radio or digital media such as websites or social media;

(e) commercial print media such as magazines and newspapers.

(3) No compensation is payable by the Crown in respect of any loss, damage or injury of any kind suffered by a person as a result of this section.

4.7.1A Exemptions

A wagering service provider does not commit an offence against section 4.7.1 if the wagering service provider displays, or causes to be displayed—

(a) the logo or name of a wagering service provider on a building occupied by the wagering service provider; or

(b) gambling advertising—

(i) that is only visible inside a shop that stocks the wagering service provider's products or provides



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services on behalf of the wagering service provider; or

(ii) inside or on any place where terrestrial wagering and betting is permitted; or

(iii) at a sporting ground; or

(iv) at a race course;

(c) gambling advertising on a vehicle that is on a public road.".

19 Functions of Commission

After section 10.1.4(2)(b) of the Gambling Regulation Act 2003 insert—

"(ba) on the request of the Minister, advising on the making of a fixed term ban order under section 2.5A.9;".

20 Definitions

In section 10.1.29 of the Gambling Regulation Act 2003, in the definition of regulated person—

(a) in paragraph (b), for "10.1.25(1) or (2)" substitute "29(1) of the Victorian Commission for Gambling and Liquor Regulation Act 2011";

(b) in paragraph (c), for "10.1.25(3)" substitute "29(3) of the Victorian Commission for Gambling and Liquor Regulation Act 2011".

21 General duty of confidentiality

(1) After section 10.1.30(2)(a)(ii) of the Gambling Regulation Act 2003 insert—

"(iii) the Victorian Commission for Gambling and Liquor Regulation Act 2011; or".



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(2) In section 10.1.30(2)(b) of the Gambling Regulation Act 2003, for "Division." substitute "Division; or".

(3) After section 10.1.30(2)(b) of the Gambling Regulation Act 2003 insert—

"(c) a record or disclosure made to another regulated person for the purpose of providing advice or assistance, or enabling someone else to provide advice or assistance, to a Minister in respect of the Minister's responsibilities or functions under—

(i) a gaming Act or gaming regulations; or

(ii) the Liquor Control Reform Act 1998 or regulations made under that Act; or

(iii) the Victorian Commission for Gambling and Liquor Regulation Act 2011.".

22 Other permitted disclosures

Section 10.1.32(5) of the Gambling Regulation Act 2003 is repealed.

23 Schedule 7 amended

At the end of Schedule 7 to the Gambling Regulation Act 2003 insert—

"Part 33—Gambling Legislation Amendment Act 2018

33.1 Interim ban orders

(1) In this clause, commencement day means the day on which sections 3, 4 and 5 of the Gambling Legislation Amendment Act 2018 come into operation.

(2) On and from the commencement day, sections 2.5A.4 to 2.5A.9 (as in force



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immediately before the commencement day) continue to apply to an interim ban order in effect immediately before the commencement day.

33.2 Gambling advertising

(1) In this clause, commencement day means the day on which section 18 of the Gambling Legislation Amendment Act 2018 comes into operation.

(2) On and from the commencement day, sections 4.7.1 and 4.7.1A do not apply for a period of 2 years after 17 September 2017 to any gambling advertising published under a contract or agreement entered into before 17 September 2017.".



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Part 3—Amendments to the Victorian Commission for Gambling

and Liquor Regulation Act 201124 Constitution of Commission

After section 11(3) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert—

"(4) For the purposes of the Public Administration Act 2004, the Commission is the Commission as constituted under subsection (1), other than sessional commissioners.".

25 Sessional commissioners

After section 15A(4) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert—

"(5) If a sessional commissioner is appointed for a specified period without a specified purpose as set out in subsection (3)—

(a) the Chairperson may allocate the sessional commissioner to a matter as the Chairperson sees fit; and

(b) the sessional commissioner may perform the functions of a commissioner in relation to that matter.".

26 New Division 2A of Part 2 inserted

After Division 2 of Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert—



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"Division 2A—Chief executive officer 23A Chief executive officer

(1) There is to be a chief executive officer of the Commission, appointed by the Commission in consultation with the Minister.

(2) The chief executive officer is responsible to the Commission for the day-to-day management and administration of the affairs of the Commission.

(3) The chief executive officer must not be a commissioner.

23B Terms of appointment of the chief executive officer

(1) The chief executive officer is appointed subject to the terms and conditions (including remuneration and allowances) set out in the instrument of appointment.

(2) The Commission, in consultation with the Minister, may remove the chief executive officer from office.

(3) The chief executive officer may resign office by writing signed by the chief executive officer and delivered to the Commission.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the chief executive officer in respect of the chief executive officer's appointment.".



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27 How may Commission's functions, duties and powers be performed or exercised?


"(4) An appeal against a decision of the Commission under section 3.3.17, 3.5.33M, 8.3.4, 8.3.18, 8.4.20, 8.5A.4 or 9A.1.7 of the Gambling Regulation Act 2003 must be heard by at least 3 commissioners one of whom must be the Chairperson or a Deputy Chairperson.".

28 Meetings and inquiries generally

(1) In section 26(3) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 omit "or inquiry".

(2) After section 26(4) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert—

"(5) If the Chairperson arranges an inquiry to be conducted by 3 or more commissioners, the Chairperson may be the presiding commissioner, or must appoint one of the commissioners to be the presiding commissioner.".

29 Delegation


"(6) The non-delegable functions set out in subsection (3) may be carried out by the Commission as constituted by 3 or more commissioners.".



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30 Inquiries by Commission


"(5) When the Commission is conducting an inquiry for the purposes of a function referred to in section 30(3)(c), the commissioner who initiated the inquiry may sit on the inquiry.".



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Part 4—Repeal of amending Act31 Repeal of amending Act

This Act is repealed on the first anniversary of the day on which all of its provisions have come into operation.

Note

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

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


26

http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 18 October 2017

Legislative Council: 14 December 2017

The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 to make miscellaneous amendments to that Act, and to amend the Victorian Commission for Gambling and Liquor Regulation Act 2011 to improve the governance arrangements of the Commission and for other purposes."

Documents

Gambling Legislation Amendment Act 2018FILE/18-009a.docx · Web viewOCPC Victoria, Word 2007, Template Release 17/11/2017A (PROD) SectionPage Endnotes Gambling Legislation Amendment