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Interactive Gaming (Player Protection) Bill
EXPLANATORY MEMORANDUM
PART I-PRELIMINARY
Clause 1
sets out the purpose of the Act.
Clause 2
provides for the commencement of sections 1 and 2 of the Act on
the day on which it receives the Royal Assent. The remaining
provisions will come into operation on a day or days to be
proclaimed.
Clause 3
sets out defmitions used in the new Act.
Clause 4
sets out the meaning of "associate".
Clause 5
sets out the meaning of "interactive game".
Clause 6
provides for the Governor in Council to declare another State or
Territory to be a participating jurisdiction for the purposes of the
Act, if an agreement about administrative and taxation
arrangements is in force.
Clause 7
sets out provisions in respect of the territorial application of the
Act.
PART 2-INTERACTIVE GAMING
Clause 8
explains the meaning of an approved game.
Clause 9
sets out offences in relation to unauthorised interactive gaming.
Clause 10 sets out conditions with which licensed providers will be
required to comply.
Clause 11 provides that a licensed provider may only permit registered
players to play approved games and may only accept wagers
from registered players, if the provider holds sufficient funds on
behalf of the player.
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Clause 12 provides that a licensed provider must not register a person
under 18 years of age as a player.
Clause 13 provides that a licensed provider must not allow a registered
player to play an approved game until that person's identity has
been authenticated.
Clause 14 creates offences for licensed providers and their employees who
play interactive games with that provider.
Clause 15 sets out a list of lawful activities in relation to approved games.
PART 3-INTERACTIVE GAMING LICENCES
Clause 16 provides for applications for interactive gaming licences.
Clause 17 provides that the Victorian Casino and Gaming Authority must
consider an application for an interactive gaming licence.
Clause 18 sets out the matters of which the Authority must be satisfied
before it may grant an interactive gaming licence.
Clause 19 sets out the matters to which the Authority may have regard in
deciding whether an applicant for an interactive gaming licence
is a suitable person to hold the licence.
Clause 20 sets out the matters to which the Authority may have regard in
deciding whether an associate of an applicant for an interactive
gaming licence is a suitable person to be associated with a
licensed provider's operations.
Clause 21 provides for updating of an application for an interactive gaming
licence.
Clause 22 gives the Authority power to investigate an applicant for an
interactive gaming licence and an associate of an applicant.
Clause 23 sets out the matters of which the Authority must be satisfied
before it grants an application for an interactive gaming licence.
Clause 24 provides for determination of an application for an interactive
gaming licence.
Clause 25 gives the Authority power to change the conditions of an
interactive gaming licence.
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Clause 26 provides that an interactive gaming licence is not transferable.
Clause 27 provides for surrender of an interactive gaming licence.
Clause 28 sets out grounds for disciplinary action in relation to of an
interactive gaming licence.
Clause 29 provides for disciplinary action in relation to an interactive
gaming licence in the form of cancellation, suspension or
variation of the licence or the issuing of a letter of censure or
imposition of a fine.
Clause 30 provides for monitoring of associates, persons likely to become
associates or persons with a business association to the licensed
provider.
Clause 31 gives the Authority power to investigate a licensed provider,
business or executive associate.
Clause 32 gives the Authority power to require information or documents
in the course of the investigation of a licensed provider, business
or executive associate.
Clause 33 provides for legal personal representatives, guardians and
similar persons to apply for endorsement of their name on a
licence.
Clause 34 allow a person whose name is endorsed on a licence to carry on
the licensed business for 6 months, as if they were the licensed
provider.
Clause 35 provides that, in certain circumstances, a licence will lapse if not
endorsed within 90 days.
PART 4-RETURNS TO PLAYERS, SUPERVISION
CHARGES AND TAX
Clause 36 requires the licensed provider to ensure a pay-out rate of not less
than 85% (or a higher rate determined by the Authority) on
interactive games.
Clause 37 requires a licensed provider to pay a supervision charge to the
Treasurer.
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Clause 38 requires a licensed provider to pay tax of 50% (or another
prescribed rate) into the Consolidated Fund.
Clause 39 requires a licensed provider to submit monthly returns to the
Authority.
Clause 40 provides a penalty for late tax.
Clause 41 allows the State to recover tax, a licence fee or a penalty amount
as a debt.
Clause 42 establishes revenue offences by licensed providers.
PART S-COMPLIANCE REQUIREMENTS
Clause 43 provides that the Authority may issue directions to licensed
providers as to authorised games.
Clause 44 requires a licensed provider to remit players funds no later than
the first business day following such a request.
Clause 45 prohibits the provision of credit to enable a person to become a
player.
Clause 46 requires that a licensed provider can only have recourse to a
player's funds in accordance with certain terms and conditions.
Clause 47 provides for the possibility of inactive players and in the event
that they have not wagered for a period of two years provision is
made for the registration of funds as unclaimed moneys.
Clause 48 provides for the possibility of players setting limitations on an
amount of a wager and makes it an offence to accept a wager
contrary to a limit set by that player.
Clause 49 provides for the possibility of players excluding themselves from
playing an interactive game and makes it an offence to accept a
wager contrary to a self-exclusion order. Notification of that
exclusion must be forwarded from the licensed provider to the
Authority which in turn must notify each licensed provider.
Clause 50 provides for the possibility of players failing to claim nonmonetary prizes and, in the event that they have not been
collected for a period of three months, provision is made for the
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sale of these items and the registration of funds as unclaimed
moneys.
Clause 51 provides for the possibility of players failing to claim monetary
prizes and, in the event that they have not been collected for a
period of two years, provision is made for the Authority to hear
and determine claims and if requested carry out investigations to
resolve matters in dispute.
Clause 52 provision is made for the registration of funds as unclaimed
moneys if a prize is not claimed within two years.
Clause 53 provides for the possibility of licensed providers withholding a
payment of a prize pending the outcome of an investigation into
circumstances by the Authority into an illegal activity or
malfunction of equipment.
Clause 54 requires that a licensed provider inquire into all written
complaints referred to them by any person or by the Authority
and provides for an investigation into the complaint by the
Authority.
Clause 55 provides that, upon receipt of a written direction from the
Authority, any person employed in the administration of the Act
is prohibited from playing an approved game.
PART 6-INVESTIGATION AND ENFORCEMENT
Clause 56 provides for the appointment of inspectors for this Act.
Clause 57 sets out the rights of inspectors to enter and remain on premises
under this Act.
Clause 58 sets out the inspectors functions under this Act and that, unless
required as part of an inspector's duty, inspectors are prohibited
from playing an approved game whilst on duty.
Clause 59 sets out the powers of inspectors under this Act including
investigation and seizure of interactive gaming equipment.
Clause 60 provides for the making of an application for a search warrant
before a Magistrate and the issuing of that warrant to an
inspector under the Magistrates' Court Act 1989.
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Clause 61 sets out offences relating to obstruction of and other similar
matters in relation to inspectors.
Clause 62 sets out evidentiary provisions for the purposes of the Act.
Clause 63 sets out provisions applying to offences by corporations.
Clause 64 provides for proceedings for offences against the Act.
Clause 65 requires a licensed provider to assist in providing information
for law enforcement purposes.
Clause 66 allows the Authority to hold inquiries, in accordance with
powers under the Evidence Act 1958.
Clause 67 allows a person appearing at an inquiry to be represented by a
lawyer.
PART 7-APPEALS
Clause 68 provides for review of certain decisions under the Act by the
Victorian Civil and Administrative Tribunal.
PART 8-MISCELLANEOUS
Clause 69 is a secrecy provision.
Clause 70 provides for destruction of finger prints and palm prints obtained
under the Act.
Clause 71 gives the Authority power to delegate some functions under the
Act.
Clause 72 provides that the Governor in Council may make regulations
under the Act.
PART 9-CONSEQUENTIAL AMENDMENTS
Clause 73 makes consequential amendments to the Gaming and Betting
Act 1994.
Clause 74 inserts a new 225A into the Gaming and Betting Act 1994,
which provides that inspectors under the Gaming and Betting
Act are deemed to have been appointed as inspectors for the
purposes of this Act.
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Clause 75 makes consequential amendments to the Casino Control Act
1991.
Clause 76 makes a consequential amendment to the Gaming Machine
Control Act 1991.
Clause 77 makes consequential amendments to the Gaming No. 2 Act
1997.
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