Gambling Regulation (Further Amendment) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1—PRELIMINARY
Clause 1
sets out the purposes of the Bill. The Bill provides further for
club keno and the oversight of raffles and raffle organisers.
It provides for a gaming industry employee's licence to replace
special employee's licences, technician's licences and bingo
centre employee's licences. The Bill abolishes the Gambling
Research Panel and provides for a Responsible Gambling
Ministerial Advisory Council. It also makes other miscellaneous
amendments to the Gambling Regulation Act 2003 and the
Casino Control Act 1991.
Clause 2
provides for the commencement of the Bill.
Sub-clause (1) provides for certain sections to come into
operation on the day after Royal Assent. The provisions to
commence on the day after Royal Assent include amendments
relating to gaming machine areas at a casino, betting offences,
employee training, community benefit statements, unclaimed
lottery prizes, trade promotion lotteries, duty payable on club
keno, minor gaming, bingo centre operators, Commission
proceedings, delegation powers, the abolition of the Gambling
Research Panel, investigation of applications and training courses
for casino employees.
Sub-clause (2) provides that section 21 is deemed to have come
into operation on 1 July 2004. Clause 21 corrects a mistake in
the conversion of the fine to penalty units by item 10.8 of
Schedule 1 to the Monetary Units Act 2004 which came into
operation on 1 July 2004.
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BILL LA INTRODUCTION 16/11/2004
Sub-clause (3) provides that section 45 is deemed to have come
into operation on 1 March 2001. Clause 45 makes a
consequential amendment required as a result of section 44 of the
Gambling Legislation (Miscellaneous Amendments) Act 2000.
Section 44 of that Act came into operation on 1 March 2001.
The consequential amendment is backdated to the same date.
Sub-clause (4) provides that sections 9, 10, 11, 12, 39(6), 41
and 49 come into operation on a day or days to be proclaimed.
These amendments are dependent on the corporatisation of
Tattersall's and the proclamation of commencement will be
conditional on and linked to the commencement of the Gambling
Regulation (Amendment) Act 2004.
Sub-clauses (5) and (6) provide that the remaining clauses of the
Bill will commence on a day or days to be proclaimed, or if not
proclaimed before then, on 1 July 2006. The remaining clauses
include amendments relating to club keno systems and rules,
declaration of political party raffle beneficiaries, the new gaming
industry employee licensing scheme and the new licensing
regime for commercial raffle organisers.
Clause 3
states that the Gambling Regulation Act 2003 is the Principal
Act for the purposes of the Bill.
PART 2—AMENDMENT OF THE GAMBLING REGULATION
ACT 2003
Clause 4
amends, inserts and repeals a number of definitions in section
1.3(1) of the Principal Act.
Sub-clause (1) substitutes the definition "gaming machine area"
to extend it to areas of the casino determined by the Commission
to be "gaming machine areas" for the purposes of certain
responsible gambling measures.
Sub-clause (2) clarifies that the definition of "casino special
employee's licence" means a licence issued specifically under
Part 4 of the Casino Control Act 1991.
Sub-clause (3) inserts a definition of "club keno system".
This relates to provisions in the Bill that provide for a process
of approval of club keno systems by the Commission.
Sub-clause (4) repeals a number of definitions relevant to the
current licensing scheme for employees in approved venues and
bingo centres. It also inserts a definition of "gaming industry
employee's licence", a new consolidated employee licensing
category.
2
Sub-clause (5) inserts two new definitions relating to the new
licensing regime for commercial raffle organisers.
The new definition of "commercial raffle organiser" distinguishes
between persons that are involved in conducting raffles on a
commercial basis from those that are community or charitable
organisations holding a minor gaming permit. It is intended to
capture persons who are engaged to assume responsibility for
managing or supervising a raffle, that is, organisations or persons
that perform all or part of the functions of selling or obtaining
commitment to buy raffle tickets, determining prize winners, or
other aspects of administering a raffle. They would include
telemarketing companies hired by a charity to make phone calls
to individuals to obtain their commitment and credit card details
for purchasing entries in a raffle.
Clause 5
amends sections of the Principal Act relating to a range of betting
offences. This clause removes the power to declare by
regulations that certain offences against interstate laws are
relevant offences for the purposes of these sections. It replaces
this with a provision that an offence against a law of another state
or territory is a relevant offence if that offence would have been
an offence under these sections if it had occurred in Victoria.
Clause 6
amends section 3.1.5 of the Principal Act. Sub-clause (1)
provides that the casino operator can use the services of
employees licensed under the Casino Control Act 1991 to
service, repair and maintain gaming equipment. It removes the
requirement that the casino operator must use employees licensed
under the Principal Act to perform these duties. This is to reduce
duplication of employee licensing requirements under the two
Acts.
Sub-clause (2) gives the Commission the power to determine
an area of the casino to be a "gaming machine area".
The Commission can determine such an area for the purposes
of ensuring that the responsible gambling measures relating to
the provision of player information apply in these areas.
Clause 7
amends section 3.4.54 of the Principal Act to provide that only
those licensed employees who are employed by a venue operator
and working in a gaming machine area have to complete the
compulsory responsible gambling training course. This means,
for example, that licensed employees working for gaming or
bingo centre operators do not have to complete the training.
Sub-clause (4) extends the requirement to complete the training
to those venue operators and their nominees who work in gaming
machine areas.
3
Clause 8
Clause 9
amends section 3.6.9 of the Principal Act to require that:

venue operators provide a separate community benefit
statement for each of their gaming venues;

the community benefit statement form must be
approved by the Commission instead of the Minister;
and

amounts paid as GST cannot be included as revenue
applied for community purposes.
repeals the definition of "associate" in section 4.3.18(1) of the
Principal Act and inserts a consolidated definition of an associate
into section 4.3.18(2) as it applies to TABCORP. This clause
provides for consistency in relation to the regulation of
shareholding interests that will apply to Tattersall's under the
Gambling Regulation (Amendment) Act 2004
(Act No. 54/2004).
Clause 10 inserts a new sub-section (5) into section 4.3.21 of the Principal
Act to displace Part 2G.2 of the Corporations Act. This clause
provides for consistency in relation to the regulation of
shareholding interests that will apply to Tattersall's under the
Gambling Regulation (Amendment) Act 2004.
Clause 11 inserts a new sub-section (5) into section 4.3.23 of the Principal
Act to displace Part 2G.2 of the Corporations Act. This clause
provides for consistency in relation to the regulation of
shareholding interests that will apply to Tattersall's under the
Gambling Regulation (Amendment) Act 2004.
Clause 12 inserts a new sub-section (4) into section 4.3.24 of the Principal
Act to displace Part 2G.2 of the Corporations Act. This clause
provides for consistency in relation to the regulation of
shareholding interests that will apply to Tattersall's under the
Gambling Regulation (Amendment) Act 2004.
Clause 13 inserts a new subsection (1A) into section 5.5.9 of the Principal
Act to clarify how that section applies to unclaimed prizes won
on multi-week lottery tickets. Multi-week tickets are entries in a
lottery that relate to several subsequent weekly lottery draws.
This clause provides that for unclaimed prizes won on a multiweek ticket, the period after which the lottery licensee must remit
those unclaimed prizes to the Treasurer is deemed to commence
from the last draw on that multi-week ticket.
4
Clause 14 amends section 5.7.16 of the Principal Act to require that a
person must comply with the Act, the regulations and the
conditions of the trade promotion lottery permit, whether or not
that lottery requires a permit.
Clause 15 inserts a new definition of "amount received by participants" into
section 6.1.2 of the Principal Act. This relates to the provisions
in Part 3 of Chapter 6 of the Principal Act for the amount of duty
and returns to players that the club keno participants (Tattersall's
and TABCORP) must pay in relation to club keno games.
The effect of this new definition is that duty is payable on all
wagers recorded on the club keno system, whether or not the club
keno participants receive a payment for those wagers.
Clause 16 amends section 6.2.4 of the Principal Act to provide only that
club keno must be conducted in accordance with Chapter 6 of the
Principal Act.
Clause 17 amends section 6.2.5 of the Principal Act to provide that club
keno tickets can be sold in a casino as well as in an approved
venue.
Clause 18 inserts new sub-sections (2), (3) and (4) into section 6.2.6 of the
Principal Act to provide that the club keno participants can
accredit holders of a venue operator's licence or a casino licence
to sell tickets in club keno games. It requires the participants to
provide the names and addresses of these accredited
representatives to the Commission. These requirements were
previously contained in the regulations.
Clause 19 inserts new sections 6.2.6A and 6.2.6B into the Principal Act to
provide for approval and security of club keno systems.
Requirements for club keno systems and security were previously
contained in the regulations. The Bill moves these requirements
to the Principal Act to ensure that it has a consistent approach to
gambling products.
The new section 6.2.6A prohibits a club keno system from being
used until the Commission has approved it or any variations to it.
It provides that the Commission may impose conditions on its
approval of the system, and that any commissioner can approve
the system.
The new section 6.2.6B requires that the central parts of the club
keno system can be accessed only by persons authorised to do so
by the participants. It also requires that the club keno equipment
used at gaming venues is not to be accessible to the public.
5
Clause 20 inserts new sections 6.2.11, 6.2.12, 6.2.13 and 6.2.14 into the
Principal Act to provide for making, commencement, publication
and disallowance of rules for the conduct of club keno.
Club keno rules were previously contained in the regulations.
The Bill inserts provisions for making club keno rules to the
Principal Act to ensure that it has a consistent approach to
gambling products.
New section 6.2.11 makes it an offence, punishable by a
maximum fine of 100 penalty units, to conduct club keno unless
it is conducted in accordance with the rules made by the
participants. It also sets out what the rules must provide for,
requires the participants to give a copy of the rules to the
Commission, and provides that the rules form part of a contract
between the participant and the player.
New section 6.2.12 provides that the rules can come into force
only after—

a notice under new section 6.2.13 is published, and

four weeks from the date on which the rules were made,
unless an earlier commencement is approved by the
Commission in writing.
New section 6.2.13 requires the participants to publish a notice
about the making of the club keno rules. It also requires that
where entries in club keno are sold, the rules must be available
for inspection, and that a notice about the availability of the rules
must be displayed.
New section 6.2.14 enables the Commission to disallow the club
keno rules on certain grounds or on a request by the Minister.
This function can be performed by any commissioner.
Clause 21 amends the definition of "disciplinary action" in section 7.3.9 of
the Principal Act to replace the reference to "50" with "500".
This corrects an error in the conversion of the fine to penalty
units by item 10.8 of Schedule 1 to the Monetary Units Act
2004.
Clause 22 amends section 8.1.1 of the Principal Act to provide that one of
the purposes of Chapter 8 is to ensure that commercial raffle
organisers do not act unfairly in providing commercial services to
community or charitable organisations.
6
Clause 23 amends the definition of "nominee" in section 8.1.2 of the
Principal Act to include a reference to a nominee of the holder of
a commercial raffle organiser's licence.
Clause 24 amends section 8.2.2 of the Principal Act to ensure that all minor
gaming, whether or not a minor gaming permit is required for the
activity, is conducted in accordance with the Act, the regulations
and the conditions of the minor gaming permit, if relevant.
Clause 25 inserts a new section 8.2.5 into the Principal Act to require that if
the proceeds of a raffle are to benefit a political party, that fact
must be disclosed to the raffle ticket purchasers. This provision
does not apply to raffles conducted by political parties that hold a
minor gaming permit, as the regulations already require the name
of the holder of the permit to be printed on each raffle ticket.
Clause 26 inserts a new paragraph (c) into section 8.3.13(1) of the Principal
Act to enable the Commission, when considering an application
for a minor gaming permit, to take into account the way in which
the applicant has conducted any previous minor gaming activity.
Clause 27 inserts a new sub-section (2A) into section 8.4.6 of the Principal
Act to provide that bingo centre operators can charge fees only
where the minor gaming permit holder is not required to provide
any assistance in the conduct of bingo sessions or the operation
of the bingo centre.
Clause 28 substitutes section 8.5.38 of the Principal Act. The new section
provides that a bingo centre operator must provide to the
Commission a statement about bingo sessions conducted in the
centre within three months of the end of each financial year.
Clause 29 inserts a new Part 5A into Chapter 8 of the Principal Act to
provide for a new licensing regime for commercial raffle
organisers. The provisions in this clause largely replicate
existing provisions in Divisions 1 and 3 of Part 5 of Chapter 8 of
the Principal Act that apply to bingo centre operators.
New section 8.5A.1 contains a definition of "licensee" for the
purposes of the Part.
New section 8.5A.2 makes it an offence, punishable by a fine of
up to 100 penalty units, for a commercial raffle organiser to
conduct a raffle, in whole or in part, on behalf of a community or
charitable organisation unless the commercial raffle organiser is
licensed under the Part.
7
New section 8.5A.3 enables the Commission to determine that a
person is a commercial raffle organiser. It provides that the
Commission may require a person it thinks may be a commercial
raffle organiser to explain why the person is not required to have
a commercial raffle organiser's licence. If the Commission is not
satisfied with the reasons given by the person, it may require that
person to apply for a licence. This function can be performed by
any commissioner.
New section 8.5A.4 provides a right to appeal a decision of a
single commissioner under section 8.5A.3 to the full
Commission.
New section 8.5A.5 sets out the procedure for an application for
a commercial raffle organiser's licence. An applicant must also
publish a notice about its application informing the public that
anyone can object to the application within 28 days.
New section 8.5A.6 enables anyone to object to an application
for a commercial raffle organiser licence if they think that the
applicant or persons associated with the applicant are not of good
repute. The Commission is required to consider all such
objections.
New section 8.5A.7 prohibits the Commission from issuing a
commercial raffle organiser's licence unless it is satisfied of the
suitability of the applicant and persons associated with the
applicant. It sets out the things that the Commission must
consider in determining applications, including the reputation,
financial background, and ownership, trust or corporate structure
of the applicant. The Commission must also consider the
reputation, financial resources and suitability of any person
associated with the applicant.
New section 8.5A.8 provides for the determination of an
application by the Commission. It must notify the applicant of its
decision, and if it refuses the application, of the reasons for doing
so.
New section 8.5A.9 provides that a commercial raffle organiser's
licence is valid for up to five years.
New section 8.5A.10 requires that if the licensed commercial
raffle organiser is a body corporate, it must nominate a natural
person as a nominee. The Commission must approve a nominee.
The nominee is liable under the Act as licensee, without limiting
the liability of the licensee.
New section 8.5A.11 provides that a commercial raffle
organiser's licence is not transferable.
8
New section 8.5A.12 provides for the renewal of a commercial
raffle organiser's licence for up to five years.
New section 8.5A.13 enables the Commission to amend the
conditions of a commercial raffle organiser's licence on its own
motion or if the licensee proposes an amendment.
New section 8.5A.14 provides for disciplinary action against the
holder of a commercial raffle organiser's licence.
The Commission may investigate whether disciplinary action
should be taken, and must give the licensee 14 days to provide
reason why it may disagree with the Commission's view. If the
Commission decides to take disciplinary action, it must notify the
licensee in writing. This function can be performed by any
commissioner.
New section 8.5A.15 enables the Commission to issue the
licensee a written notice reproving any aspect of the licensee's
minor gaming activities and directing it to rectify its actions.
It enables the Commission to take further disciplinary action if
the licensee does not abide by the orders given in the letter.
This function can be performed by any commissioner.
New section 8.5A.16 provides that a commercial raffle
organiser's licence can be suspended for up to six months, and
that the suspension can be extended for a further six months.
New section 8.5A.17 enables the Commission to suspend a
commercial raffle organiser's licence if there are certain criminal
proceedings pending against the licensee, its nominee or an
executive officer.
New section 8.5A.18 requires the holder of the licence to give it
to an inspector on demand in certain circumstances.
New section 8.5A.19 enables the Commission to issue a
provisional commercial raffle organiser's licence for 90 days
so that an application for a proper licence can be made.
The provisional licence can be extended by 90 days at a time.
New section 8.5A.20 requires the licensee to ensure that a person,
body or association does not become an associate of the licensee
until approved by the Commission.
New section 8.5A.21 enables the Commission to investigate the
associates or potential associates of the licensee, and to require
the associate to provide finger and palm prints and his or her
photograph. The Commission must refer these to the Chief
Commissioner of Police. This function can be performed by the
Executive Commissioner.
9
New section 8.5A.22 enables the Commission to direct in writing
an associate of the licensee to stop conduct that the Commission
deems unacceptable. If the associate does not abide by such
direction, or if the Commission determines that the associate or
anyone connected with the associate is not of good repute or
financial background, the Commission can require the licensee to
end its association with the associate.
New section 8.5A.23 provides for agreements between
community or charitable organisations and licensed commercial
raffle organisers. It specifies the things that such an agreement
must provide for, including the maximum fee that the licensee is
to charge for its services. The section provides that where such
an agreement is made, a copy of it must be provided to the
Commission, and that the licensee is solely liable for the
functions it is engaged to perform as though it were the
community or charitable organisation.
New section 8.5A.24 prohibits the licensee from charging for any
amounts of expenses other than those allowed by the regulations.
If the regulations prescribe types of expenses, the licensee must
not charge for any other types of expenses. Failure to comply
with this requirement is an offence punishable by a fine of up to
60 penalty units.
New section 8.5A.25 prohibits a commercial raffle organiser
from making false or misleading statements about how the
proceeds of the raffle are to be used.
New section 8.5A.26 requires holders of a commercial raffle
organiser's licence to—

keep accounting records in relation to conducting
raffles;

keep the records in a form that enables preparation of
financial statements and auditing of the records and
statements; and

prepare financial statements and accounts at the end of
each financial year.
Failure to comply with any of the above requirements is an
offence punishable by a fine of up to 60 penalty units.
The licensee must also have accounts and statements audited by
an auditor.
10
New section 8.5A.27 requires holders of a commercial raffle
organiser's licence to provide the Commission with a statement
about each raffle within three months of the end of the raffle.
Failure to comply with this requirement is an offence punishable
by a fine of up to 60 penalty units.
Clause 30 requires that holders of a commercial raffle organiser's licence
must keep certain records relating to the raffle for three years
after the raffle is finished.
Clause 31 requires that holders of a commercial raffle organiser's licence
and their associates must notify the Commission within 14 days
if their situation changes in certain ways.
Clause 32 inserts a new Chapter 9A into the Principal Act.
New Chapter 9A provides for a new form of licence for
employees engaged in the gaming industry. This new Chapter
will replace the three existing employee licensing regimes in the
Principal Act.
New section 9A.1.1 defines certain terms for the purposes of
Chapter 9A. The definitions are based on existing provisions in
Chapter 3 of the Principal Act.
New section 9A.1.2 sets out the conduct that is authorised under
a gaming industry employee's licence. Subject to any conditions
and requirements set out in the Principal Act and any conditions
to which the licence is subject, the following conduct is
permissible if a person is a licensee—

working for a venue operator or a gaming operator and
carrying out certain duties that are set out in the
regulations;

carrying out certain duties set out in the regulations at a
bingo centre;

servicing, repairing and maintaining gaming equipment,
including for the purposes of issuing certificates;

testing gaming equipment or games including for the
purposes of issuing certificates;

performing any other duties that are set out in the
regulations; and

testing certain equipment for the purposes of issuing
certificates under the Casino Control Act 1991.
11
New section 9A.1.3 requires a person exercising the functions of
a gaming industry employee to be licensed.
New section 9A.1.4 sets out the procedure for making an
application for a gaming industry employee's licence.
New section 9A.1.5 provides for the determination of an
application for a licence. In considering an application, the
Commission must assess a number of factors that go to the
integrity and suitability of the applicant to perform the functions
permitted by a licence.
New section 9A.1.6 provides for the conditions of a licence.
New section 9A.1.7 provides for an appeal to the Commission
from a decision of a single commissioner in relation to an
application for a licence.
New section 9A.1.8 requires gaming industry employees to wear
a form of identification that is approved by the Commission.
The Commission issues the approved identification card that
must be worn.
New section 9A.1.9 provides for the Commission to grant a
provisional licence. A provisional licence can be granted if an
application for a licence has been lodged with the Commission.
New section 9A.1.10 provides that a gaming industry employee's
licence remains in force for 10 years unless sooner cancelled or
surrendered.
New section 9A.1.11 provides for the renewal of a licence.
New section 9A.1.12 provides that disciplinary action can be
taken against a licensee. The types of action that can be taken
are—

service of a notice that censures him or her for any
action set out in the notice;

variation, suspension or cancellation of the licence;

cancellation of the licence and disqualification from
obtaining or applying for a licence or permit under the
Principal Act for a period of up to 4 years.
New section 9A.1.13 provides for suspension of a gaming
industry employee's licence if the licensee has either been
charged with or found guilty or convicted of certain criminal
offences.
New section 9A.1.14 sets out the effect of a licence suspension.
12
New section 9A.1.15 requires a licence holder to return the
licence to the Commission within 14 days of it being suspended
or cancelled.
New section 9A.1.16 requires a gaming operator, venue operator
or bingo centre operator to remove an employee from performing
the duties of a gaming industry employee within 24 hours of
receiving notice from the Commission that the employee's
licence has been suspended or cancelled. The employee may
continue to perform any other duties.
New section 9A.1.17 enables the Commission to require a
licensee to provide information or records relating to his or her
licence.
New section 9A.1.18 requires that licensed employees who are
employed by a venue operator and work in a gaming machine
area have to complete an approved training course within
6 months of commencing such employment. Employees are
also required to complete a refresher course every three years.
These requirements extend to venue operators that perform the
duties of licensed employees in gaming machine areas.
New sub-section 9A.1.18(2) makes it an offence for a venue
operator to employ a licensed employee that has not complied
with the training requirements.
New section 9A.1.19 provides an exemption from the
requirement to be licensed to venue and bingo centre operators
and their nominees who perform the duties of a gaming industry
employee. The exemption only applies if they are on duty as
operators or nominees and they wear the required identification.
New section 9A.1.20 provides an exemption from the
requirement to be licensed to perform the duties of a gaming
industry employee for volunteers in a bingo centre in certain
circumstances.
New section 9A.1.21 provides for a streamlined application
procedure for persons who already hold an employee licence
under the Casino Control Act 1991.
Clause 33 is a minor amendment to correct cross-referencing in section
10.1.22(2) of the Principal Act and to include matters relating to
variation of gaming machine types and games as matters in
respect of which an inquiry or meeting of the Commission must
be held in public.
13
Clause 34 amends section 10.1.26 of the Principal Act to provide that
certain commissioners (the Chairperson, the Deputy Chairperson
or the Executive Commissioner) can by instrument delegate
certain functions to an employee or member of staff.
These amendments ensure that where a single commissioner
delegates any of the specified functions to an employee, then that
decision is taken to be a decision of the single commissioner.
Accordingly, that decision attracts the appeal rights to the
Commission. The functions that this clause refers to relate to—

modification of a gaming machine area;

determination of application for and imposition of
conditions on a special employee's licence;

determination of application for and imposition of
conditions on a trade promotion lottery permit;

amendment of conditions of a trade promotion permit;

declaration of community or charitable organisation;

application for a minor gaming permit;

application for a bingo centre employee's licence and
imposition of conditions;

determination of a casino employee licence and
imposition of conditions under the Casino Control Act
1991;

determination of a gaming industry employee's licence
and imposition of conditions under new sections 9A.1.5
and 9A.1.6 of this Bill; and

requiring a person to show cause under new section
8.5A.3 of the Bill.
Sub- section 34(2) provides that a delegate of a commissioner is
not personally liable for anything done or omitted to be done
under these sections, and that instead, any liability is attached to
the Commission.
14
Clause 35 replaces Part 2 of Chapter 10 of the Principal Act relating to the
Gambling Research Panel with new provisions for a Responsible
Gambling Ministerial Advisory Council.
New section 10.2.1 enables the Minister for Gaming to establish
an advisory body called Responsible Gambling Ministerial
Advisory Council. The Minister may also appoint members of
the Council. In establishing the Council the Minister must
consult with the Minister administering the Community Services
Act 1970.
New section 10.2.2 provides that the function of the Council is to
advise the Minister on responsible gambling policy and gambling
research. The Council replaces the Gambling Research Panel
that was responsible for conducting gambling research, and the
Problem Gambling Roundtable that was a consultative body.
Clause 36 amends a number of sections in Division 1 of Part 4 of
Chapter 10 of the Principal Act that provide for investigation
of applications by the Commission. The Division is applied to
applications for approval as a nominee of a commercial raffle
organiser. The remaining sub-clauses are statute law revisions
to clarify which commissioner can perform the functions of the
Commission in relation to—

investigation of applications;

requiring photographs, finger and palm prints;

providing applications, photographs, finger and palm
prints to the Chief Commissioner of Police; and

requiring information and records.
Clause 37 amends Schedule 1 to the Principal Act that prescribes some of
the subject matter for regulations.
Clause 38 is a consequential amendment arising from the new licensing
regime for commercial raffle organisers. It provides that appeals
against a decision of a single commissioner to require a person to
apply for a commercial raffle organiser's licence cannot be
appealed to the Victorian Civil and Administrative Tribunal.
Instead, such a decision can be appealed to the full Commission.
15
Clause 39 provides for consequential amendments arising from the new
gaming industry employee licensing regime.
Sub-clause (6) substitutes a reference to an old employee
licensing type with a reference to the new gaming industry
employee licence in a section that is to be inserted into the
Principal Act once the Gambling Regulation (Amendment) Act
2004 commences. That Act relates to the corporatisation of
Tattersall's.
Clause 40 provides for consequential amendments arising from the abolition
of the Gambling Research Panel.
Clause 41 is a consequential amendment relating to the amendment made
by clause 36(11) that replaces the existing section 10.4.5(3)(a).
This clause will commence when the Gambling Regulation
(Amendment) Act 2004 commences, which provides for the
corporatisation of Tattersall's.
Clause 42 inserts transitional provisions at the end of Schedule 7 of the
Principal Act.
PART 3—AMENDMENT OF THE CASINO CONTROL
ACT 1991
Clause 43 amends section 39 of the Casino Control Act 1991, which sets
out the process for applying for a casino special employee's
licence. This clause replaces the requirement that an application
for a casino special employee's licence be accompanied by a
certificate of competence with a requirement that an application
be accompanied by evidence of employment or an offer of
employment by a casino operator.
Clause 44 amends section 45A of Casino Control Act 1991, which sets out
the process for applying for a casino special employee's licence
by persons who already hold an employee licence under the
Principal Act. References to the old employee licence types
under the Gambling Regulation Act 2003 are replaced with
references to the consolidated gaming industry employee's
licence.
Paragraph (c) replaces the requirement that an application for a
casino special employee's licence under section 45A of the
Casino Control Act 1991 be accompanied by a certificate of
competence with a requirement that an application be
accompanied by evidence that the applicant is or was employed
to perform the duties of a gaming industry employee under the
Gambling Regulation Act 2003.
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Clause 45 is a statute law amendment to fix an anomaly between
sections 48 and 49 of the Casino Control Act 1991.
These sections relate to the duration of a casino special
employee's licence.
Clause 46 amends section 58(2) of the Casino Control Act 1991 to remove
the requirement that the Commission approve the content, format
and duration of training courses.
Clause 47 amends section 58A of the Casino Control Act 1991 to change
cross-references to the new employee licensing regime that
clause 32 of this Bill inserts into the Principal Act.
PART 4—AMENDMENT OF OTHER ACTS
Clause 48 repeals Part 3 of the Racing and Gaming Acts (Amendment)
Act 2004, that amended section 40 of the Lotteries Gaming and
Betting Act 1966. The Lotteries Gaming and Betting Act
1966 was repealed by the Principal Act on 1 July 2004, and
therefore the amendment to it is now redundant.
Clause 49 amends section 5 of the Gambling Regulation (Amendment)
Act 2004 that is not yet in operation. This clause replaces a
reference to a special employee's licence and a technician's
licence with a reference to a gaming industry employee's licence.
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