Gambling Legislation Amendment
(Transition) Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1—PRELIMINARY
Clause 1
sets out the purposes of the Bill. The purposes of the Bill are to
amend the Gambling Regulation Act 2003, the Gambling
Regulation Amendment (Licensing) Act 2009, the Casino
Control Act 1991 and the Gambling Regulation Further
Amendment Act 2009.
These amendments will extend the types of cash facilities that are
captured by the proposed prohibition on automatic teller
machines in gaming venues and the casino. The amendments
also make further transitional and consequential amendments in
relation to the expiry of the gaming operator's licences and the
wagering licence, as well as further minor amendments.
The Bill will require a person who provides services to a venue
operator or monitoring licensee for the installation, service, repair
or maintenance of gaming machines to be listed on the Roll of
Manufacturers and to employ persons who hold a gaming
industry employee's licence.
Clause 2
sets out when the provisions of the Bill come into operation.
Subclause (1) provides that the provisions of the Bill
(except clauses 3 to 7 and 12 to 17 and Part 4) come into
operation on the day after the day on which the Bill receives the
Royal Assent.
Subclause (2) provides that clause 3 and Part 4 come into
operation on 1 July 2012.
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BILL LA INTRODUCTION 18/4/2012
Subclause (3) provides that the remaining provisions come into
operation on a day or days to be proclaimed.
Subclause (4) provides that if a provision referred to in
subclause (3) does not come into operation before 1 September
2012, it comes into operation on that day.
PART 2—AMENDMENTS TO THE GAMBLING
REGULATION ACT 2003
Clause 3
defines the term alternative cash access facility for the purposes
of extending the prohibition of automatic teller machines in
gaming venues set out in Part 3 of the Bill.
This clause is intended to ensure that any method of accessing
cash within a gaming venue requires interaction between a person
requesting cash and venue staff.
Clause 4
repeals section 3.2.3(1)(a) and (f) of the Act. This section
provides the Minister for Gaming with the power to direct the
Victorian Commission for Gambling and Liquor Regulation in
relation to the maximum permissible number of gaming
machines available for gaming in Victoria, and the proportion of
gaming machines that each gaming operator is permitted to
operate.
This power is not required under the gaming industry model
which takes effect on 16 August 2012. The number of gaming
machines available for gaming will continue to be limited by the
number of gaming machine entitlements. Section 3.4A.5 of the
Act provides that the Minister must specify the maximum
number of gaming machine entitlements the Minister will create.
A determination was made in accordance with this section on
7 June 2010, creating a maximum limit of 27 500 gaming
machine entitlements.
Clause 5
repeals section 3.2.4A of the Act. This section requires the
Victorian Commission for Gambling and Liquor Regulation to
review its determination on the maximum permissible number of
gaming machines available for gaming in capped regions and
municipal districts within five years of the previous
determination.
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The requirement to review the maximum permissible number of
gaming machine entitlements is set out in the proposed section
3.4A.5A of the Act. This section will be inserted into the Act by
section 45 of the Gambling Regulation Further Amendment
Act 2009. The default commencement date of section 45 of the
Gambling Regulation Further Amendment Act 2009 is
1 September 2012.
Clause 6
amends the Act to provide that the authority conferred under
section 3.4.5(c) by a listing on the Roll of a person listed in the
division of the Roll for suppliers of testing services includes the
installation of gaming equipment. Section 8(3) of the Gambling
Regulation Amendment (Licensing) Act 2011, which will
commence 1 September 2012 if not proclaimed sooner, will
amend section 3.4.5(c)(i) of the Gambling Regulation Act 2003
to provide that a person listed as a supplier of testing services
may also enter into arrangements with venue operators to service,
repair or maintain monitoring equipment.
Clause 7
amends section 3.4.61(1)(b) of the Act to remove references to
the gaming operators in relation to the provision of services by
persons listed on the Roll of Manufacturers, Suppliers and
Testers.
Clause 8
extends the existing power of the Treasurer to exempt a venue
operator from paying a 75 per cent tax on the profit generated by
the sale of gaming machine entitlements.
Section 3.4A.18 of the Act applies a tax on the transfer of gaming
machines entitlements.
The Treasurer may exempt the operator from the requirement to
pay a tax if he or she is satisfied that the reason for the transfer
was that a government agency refused to grant or give a relevant
authority in respect of the premises at which gaming was
intended to be conducted.
The Bill provides that the Treasurer can grant an exemption if the
Victorian Commission for Gambling and Liquor Regulation
refuses an amendment to the conditions of a venue operator's
licence to vary the number of gaming machines permitted in an
approved venue.
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Clause 9
provides for the payment of any money remaining in jackpot
special prize pools operated by the gaming operators at the expiry
of their licences to the Treasurer for payment to the Responsible
Gambling Fund established under the Victorian Responsible
Gambling Foundation Act 2011.
This section is not intended to limit the payment of money in any
jackpot special prize pools by the gaming operators before the
expiry of the licences.
Payment of money in accordance with this section fulfils the
obligation of the gaming operators to pay any money in the
jackpot special prize pools to players under section 3.6.1 of the
Gambling Regulation Act 2003.
The Responsible Gambling Fund is the primary source of funding
for the Victorian Responsible Gambling Foundation.
The objectives of the Foundation are to reduce the prevalence of
problem gambling and the severity of gambling-related harm, and
to foster responsible gambling.
The gaming operator's licence and the gaming licence expire on
15 August 2012.
Clause 10 amends section 3.6.3 of the Act to refer to a new section.
Section 3.6.3 of the Act is to be read subject to the new
section 3.6.3A, to be inserted by clause 11 of the Bill.
Clause 11 inserts a new section 3.6.3A of the Act that applies to the
payment of the Health Benefit Levy for the financial year
beginning on 1 July 2012 and ending on 30 June 2013.
This section is required because of the expiry of the gaming
operator's licence and the gaming licence.
Section 3.6.3A is intended to provide additional flexibility for the
Treasurer to determine when he or she can determine the
quantum of the Health Benefit Levy and when the levy is
payable.
This section is not intended to increase the quantum of the Health
Benefit Levy that would have been payable by the gaming
operators for the relevant period determined by the Treasurer if
the gaming operator's licences had not expired.
The gaming operator's licence and the gaming licence expire on
15 August 2012.
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Clause 12 inserts a new definition, for the purposes of determining if a
person needs to hold a gaming industry employee's licence, of a
gaming machine services provider.
Under the new industry arrangements that commence on
16 August 2012, venue operators and the monitoring licensee
will undertake a range of technical functions previously the
responsibility of the gaming operators.
Third party gaming machine service providers may enter into
arrangements with venue operators to service, repair or maintain
gaming equipment or monitoring equipment.
Certain employees of gaming machine service providers will be
required to hold a gaming industry employee's licence (see
clause 14 of the Bill).
Clause 13 amends section 9A.1.2(1)(a) of the Act to remove a reference to
gaming operators and insert a reference to a monitoring licensee
and a gaming machine services provider to the authority
conferred by a gaming industry employee's licence.
The amendment authorises the holder of a gaming industry
employee licence to be employed by or work for the monitoring
licensee or gaming machine services provider carrying out
prescribed technical duties.
Clause 14 amends section 9A.1.3(2) of the Act to require the monitoring
licensee and a gaming machine services provider must not to
employ or use the services of a person to perform any function of
a gaming industry employee, or to allocate the performance of
any function of a gaming industry employee, unless that person
holds a gaming industry employee's licence.
Clause 15 removes the term gaming operator from section 9A.1.7(4) of the
Act and inserts references to the monitoring licensee and a
gaming machine services provider. This section provides that the
Victorian Commission for Gambling and Liquor Regulation must
notify the gaming operator of the decision of the Commission on
an appeal to a decision to refuse to grant a gaming industry
employee's licence.
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Clause 16 amends section 9A.1.16 of the Act to insert necessary references
to the monitoring licensee and gaming machine services provider,
and remove an obsolete reference to gaming operators in relation
to the suspension or cancellation of a gaming industry employee's
licence.
Section 9A.1.16 provides that a relevant person must, upon
receipt of a notice from the Victorian Commission for Gambling
and Liquor Regulation that a gaming industry employee's licence
has been suspended or cancelled, terminate the employment of
the affected employee.
Clause 17 amends section 9A.1.18 of the Act to ensure that the holder of
gaming industry employee licence and any other person who is
employed by a venue operator and who is working in the gaming
machine area of an approved venue to complete an appropriate
training course and an approved refresher course.
Clause 18 replaces the existing power to prescribe regulations with respect
to the conduct and sale of club keno conducted under Chapter 6
of the Act with a new power with respect to keno conducted
under Chapter 6A of the Act.
Club keno ceased operation on 14 April 2012. The keno licence
commenced on 15 April 2012.
Clause 19 inserts four new transitional provisions.
Part 27.1 of Schedule 7 provides that a venue operator that holds
a gaming machine entitlement may supply an approved gaming
machine acquired by the venue operator from a person listed on
the Roll of Manufacturers, Suppliers and Testers, and any
restricted component in relation to the gaming machine, to a
gaming operator.
Part 27.2 of Schedule 7 provides that a gaming operator may
obtain an approved gaming machine, and restricted components,
from a venue operator that holds a gaming machine entitlement.
These provisions are intended to allow the supply of gaming
machines by venue operators to the current gaming operators
from the commencement of the Bill until the cessation of the
gaming operator's licence and the gaming licence, for use to
conduct gaming.
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Part 27.3 of Schedule 7 provides that, despite the expiry of a
gaming operator's licence or a gaming licence, the person who
held that licence is required to discharge any obligations or
liabilities owing to a player and comply with any requirements
imposed on the gaming operator before the expiry.
Part 27.4 of Schedule 7 provides that, despite the expiry of a
wagering licence, the person that held that licence is required to
discharge any obligations or liabilities owing to a person who has
engaged in wagering and betting with the wagering operator and
comply with any requirements imposed on the wagering operator
before the expiry.
These provisions are intended to ensure that everything necessary
to conclude the obligations of the outgoing gambling licensees is
done.
PART 3—AMENDMENTS TO THE GAMBLING
REGULATION AMENDMENT (LICENSING) ACT 2009
Clause 20 amends section 1 of the Gambling Regulation Amendment
(Licensing) Act 2009 to update the purpose of that Act to
incorporate the extension to the prohibition on automatic teller
machines in gaming venues to include alternative cash access
facilities (see clause 3 of the Bill for a definition of alternative
cash access facility).
Clause 21 amends the heading of Division 5 of Part 4 of the Gambling
Regulation Amendment (Licensing) Act 2009 to update the
heading to incorporate the extension to the prohibition on
automatic teller machines in gaming venues to include alternative
cash access facilities.
Clause 22 amends section 79 of the Gambling Regulation Amendment
(Licensing) Act 2009 to update the heading in Subdivision 2 of
Division 3 of Part 5 of Chapter 3 of the Gambling Regulation
Act 2003 to incorporate the extension to the prohibition on
automatic teller machines in gaming venues to include alternative
cash access facilities.
Clause 23 amends the prohibition on automatic teller machines in gaming
venues to be inserted into the Gambling Regulation Act 2003 to
include alternative cash access facilities.
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This amendment will provide that alternative cash access
facilities are prohibited from gaming venues not located on
racecourses.
The default commencement date of section 79 of the Gambling
Regulation Amendment (Licensing) Act 2009 is 1 July 2012.
Clause 24 amends the prohibition on automatic teller machines in gaming
venues to be inserted into the Gambling Regulation Act 2003 to
include alternative cash access facilities.
This amendment will provide that alternative cash access
facilities are prohibited from being located in an area that is less
than 50 metres walking distance away from the entrance of the
gaming machine area of a venue located on a racecourse.
The default commencement date of section 79 of the Gambling
Regulation Amendment (Licensing) Act 2009 is 1 July 2012.
Clause 25 amends section 79 of the Gambling Regulation Amendment
(Licensing) Act 2009 to ensure the proper insertion of
section 3.5.33N of the Gambling Regulation Act 2003 by
clause 26 of the Bill.
Clause 26 inserts a new section to be inserted into the Gambling
Regulation Act 2003 by section 79 of the Gambling Regulation
Amendment (Licensing) Act 2009 to provide that no
compensation is payable by the State to any person in relation the
operation of the prohibition on automatic teller machines and
alternative cash access facilities in gaming venues.
Clause 27 amends section 81 of the Gambling Regulation Amendment
(Licensing) Act 2009 to update the amendments made to section
81AAA of the Casino Control Act 1991 to incorporate the
extension to the prohibition on automatic teller machines in an
area that is less than 50 metres walking distance away from an
entrance to the casino to include alternative cash access facilities.
PART 4—AMENDMENTS TO THE CASINO CONTROL
ACT 1991
Clause 28 defines the term alternative cash access facility for the purposes
of extending the prohibition of automatic teller machines in the
casino provided by clause 27 of the Bill.
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This clause is intended to ensure that any method of accessing
cash within a gaming venue requires interaction between a person
requesting cash and venue staff.
PART 5—FURTHER AMENDMENTS AND REPEALS
Clause 29 amends section 3.2A.1 of the Gambling Regulation Act 2003 to
remove a typographical error in the definition of monitoring
licensee.
Clause 30 amends section 6A.4.2 of the Gambling Regulation Act 2003 to
remove a typographical error in the expression of the duty
payable by the keno licensee.
Clause 31 repeals section 140 of the Gambling Regulation Further
Amendment Act 2009. This section has a default
commencement date of 1 September 2012. This section was
made redundant by section 78 of the Victorian Commission for
Gambling and Liquor Act 2011.
Clause 32 provides for the automatic repeal of this Act on the first
anniversary of its commencement. The repeal of this Act does
not affect in any way the continuing operation of the amendments
made by this Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
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