gaming and betting act 1994 - legislation.vic.gov.aufile/94-37a035.pdf · gaming and betting act...

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Version No. 035

Gaming and Betting Act 1994

Act No. 37/1994

Version incorporating amendments as at 17 December 2003

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Money invested 11 5. Crown to be bound 12

PART 2—WAGERING LICENCE AND GAMING LICENCE 13

Division 1—General 13

6. Wagering licence 13 7. Gaming licence 13 8. One licence 14 9. Licence non-transferable 14

Division 2—Grant of initial licences 14

10. Application for initial licences 14 11. Authority to be satisfied as to certain matters 14 12. Grant of initial licences 16 13. Liability of Tabco on grant of initial licences 17

Division 3—Grant of licences after initial licences 17

14. Application for licence after initial licences 17 15. Matters to be considered in determining application 19 16. Investigation of application 20 17. Authority may require further information etc. 21 18. Updating of application 22 19. Recommendation on application 22 20. Grant of licence 23

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Section Page

ii

Division 4—Entitlement of former licensee 24

21. Entitlement of former licensee on grant of new licences 24

Division 5—Operator 27

22. Appointment of operator or operators 27 23. Approval of wholly owned subsidiary 28 24. Investigation 29 25. Authority may require further information etc. 30 26. Updating of application 31

Division 6—Requirements regarding licensee, operator,

directors etc. 31

27. Restrictions on directors of licensee or operator 31 28. General investigations 32 29. Provision of information 33 30. Change in situation of licensee or operator 34 31. Licensee and others not to be associated with certain activities 36

Division 7—Disciplinary action and cancellation 37

32. Disciplinary action 37 33. Cancellation of both licences 38 34. Appointment of temporary licensee if licence cancelled 40

PART 3—ON-COURSE WAGERING PERMIT 42


35. On-course wagering permit 42 36. Permit not transferable 42

Division 2—Grant of permit 42

37. Application for permit 42 38. Matters to be considered in determining application 43 39. Investigation of application 44 40. Authority may require further information etc. 45 41. Updating of application 46 42. Grant of permit 46

Division 3—Conduct of on-course wagering 47

43. Compliance with betting rules 47

Division 4—Commissions, dividends, taxes 47

44. Commissions 47 45. Wagering Tax 48 46. Dividends 48

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Section Page

iii

Division 5—Supervision charge 49

47. Permit holder to pay charge 49


48. Hospitals and Charities Fund 50 49. Unclaimed refunds and dividends 50

Division 7—Conflict of interest 51

50. Racing industry and licensee 51

PART 4—REGULATION OF SHAREHOLDING INTERESTS 52

51. Definitions 52 52. Application of Part 54 53. Prohibited shareholding interest 55 54. Repealed 56 55. Power to require information relating to entitlement to shares

in licensee 56 56. Disposal, forfeiture etc. of shares where prohibited

shareholding interest 58 57. Voting rights in respect of certain shares 60 58. Annulment of certain resolutions of the licensee 61 59. Making, review and revocation of declarations by Minister 62 60. Appeal against declarations of Minister 64 61. Sale of forfeited shares 65 62. Immunity of Minister, Authority and licensee and its officers

and auditors 65 63. Service 65

PART 5—APPROVED BETTING COMPETITIONS 67

64. Approval of betting competitions 67 65. Events and contingencies 67 66. Notice of approved betting competitions 68 67. Conditions of approval 68

PART 6—WAGERING AND BETTING 69


68. Lotteries Gaming and Betting Act 1966 69 69. Use of totalisator lawful 69 70. Approval of totalisator equipment 70

Division 2—Betting rules 71

71. Totalisator etc. not to be conducted without rules 71 72. Licensee to make betting rules 72

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Section Page

iv

PART 7—COMMISSIONS, DIVIDENDS, TAXES 74

Division 1—Wagering 74

73. Commissions 74 74. Wagering tax 74 75. Dividends 75

Division 2—Approved betting competitions 76

76. Commissions—totalisators 76 77. Tax 76 78. Dividends 77

Division 3—Supervision charge 78

79. Licensee to pay charge 78


80. Hospitals and Charities Fund 79 81. Unclaimed refunds, dividends and prizes 79

PART 8—VICTORIAN CASINO AND GAMING AUTHORITY 80

82. Establishment 80 83. The Crown 80 84. Objects, functions, powers and duties 80 85. Members of the Authority 81 86. Remuneration 81 87. Term of office 82 88. Acting appointments 82 89. Vacancies, resignations 83 90. Disclosure of interests 83 91. Chairperson to preside 84 92. Proceedings of the Authority 84 92A. Delegation by the Authority 85 93. Validity of decisions 85 93A. Authority to give written statement after public meeting or on

request 86 93B. Request for statement of reasons for decision 87 94. Funds of Authority 87 95. Annual report 87 96. Staff 88

PART 9—DIRECTOR OF GAMING AND BETTING 89

97. Director 89 98. Remuneration and allowances 90 99. Resignation 90 100. Acting appointment 90 101. Delegation 91

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Section Page

v

102. Functions of Director 91 103. Director to undertake other investigations 92

PART 10—INSPECTORS 94


104. Appointment or employment 94 105. Director to be an inspector 95 106. Identification of inspectors 95

Division 2—Functions and powers under this Act 95

107. Rights of inspector in certain premises 95 108. Functions of inspectors 96 109. Powers of inspectors 97 110. Search warrants 99 111. Offences relating to obstruction etc. of inspectors 100 112. Former inspectors 101

PART 11—OFFENCES 103

113. Minors 103 114. Offences relating to totalisators and approved betting

competitions 103 115. Tickets etc. purportedly issued by licensee 106 116. Offence related to payment of dividends or prizes 106 117. Inducements, cheating etc. 106 118. Forgery etc. 107 119. Offence to extend credit etc. 107 120. Bribery 108

PART 12—GENERAL 110

121. Banking 110 122. Accounts 111 123. Books etc. to be kept on the premises 112 124. Audit of operator and permit holders 113 125. Certain sections do not affect non-wagering activities 114 126. Submission of reports 114 127. Secrecy 115 127A. Memorandum of understanding 118 128. Conflict of interest and duty 120 129. Personal liability of members etc. 121 130. Destruction of finger prints etc. 121 131. Records not kept in writing 123 132. False or misleading information 123 133. Service of documents on Authority 124 134. Service of documents on other persons 124 135. Costs of investigating applications 124

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Section Page

vi

136. Evidence 125 137. Offences by corporations 126 138. Proceedings 126 139. Information gathering for law enforcement purposes 127 140. Powers of licensee under Corporations Act not affected 128 141. Supreme Court—limitation of jurisdiction 128 142. Regulations 129

PART 13—STAFF AND PROPERTY OF TAB 130

Division 1—Staff 130

143. Definitions 130 144. List of TAB staff 130 145. Transfer of TAB staff 131 146. Future terms and conditions of transferred employees 132 147. Superannuation—revised scheme or new scheme members 132 148. Repealed 134 149. Superannuation Funds 134

Division 2—Allocation of property 134

150. TAB to prepare allocation statement 134 151. Certificate of Treasurer 135

Division 3—Transfer of property 136

152. Property transferred to Tabco 136 153. Property transferred to wholly owned subsidiary 136 154. Property transferred to State 137 155. Allocation of property etc. subject to encumbrances 137 156. Value of transferred property 138 157. Substitution of party to agreement 138 158. TAB instruments 138 159. Proceedings 138 160. Interests in land 139 161. Amendment of Register 139


162. Taxes 139 163. Evidence 140 164. Validity of things done under this Part 140 164A. Guarantees etc. 141

PART 14—TRANSITIONAL PROVISIONS 142

Division 1—Succession of Authority 142

165. Definitions 142 166. Authority to become successor in law of Casino Authority

and Gaming Commission 143

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Section Page

vii

167. Instruments of the Casino Authority, Gaming Commission or

Director of Gaming 144 168. Proceedings 144 169. Evidence 145 170. Inspectors 145

171. Repealed 145


172. TAB to make certain payments 145

PART 15—RACING ACT 1958 147

Division 1—Amendment 147

173. Principal Act 147

174–194. Repealed 147

Division 2—Transitional 147

195. Dividends Adjustment Funds 147 196. Balance of commissions to be paid to Tabco 147 197. Accrued taxes as at appointed day 148 198. Dividends unclaimed as at appointed day 148 199. Minimum dividends 149 200. Horse racing funds 149 201. Harness racing funds 150 202. Greyhound racing funds 151 203. Distribution of reserve 151 204. Rights etc. in property extinguished 153 205. Transitional 153 206. Dissolution of TAB 154

PART 16—GAMING MACHINE CONTROL ACT 1991 155

Division 1—General amendment 155

207. Principal Act 155

208–221. Repealed 155

Division 2—Transitional 155

222. TAB ceases to hold gaming operator's licence 155 223. Repealed 155 224. Venue operator's licences for tabarets at Ballarat and Bendigo 156 225. Provisions applying in respect of tabaret premises 157 225A. Inspectors 158

PARTS 17, 18—Repealed 159

226–235. Repealed 159 ═══════════════

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Section Page

viii

ENDNOTES 160

1. General Information 160

2. Table of Amendments 161

3. Explanatory Details 165

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1

Version No. 035


Act No. 37/1994

Version incorporating amendments as at 17 December 2003

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to make provision for the carrying on, under licence or permit, of—

(a) a business of wagering;

(b) a business of conducting approved betting competitions;

(c) a business of conducting gaming;

(d) a business of conducting club keno;

(e) a business of on-course wagering.

2. Commencement

(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

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Part 1—Preliminary


Act No. 37/1994

2

3. Definitions

(1) In this Act—

"appointed day" means the day on which Part 7 comes into operation;

"approved betting competition" means a betting competition of a kind or class approved by the Minister under Part 5;

"approved club" means a club, society or other association the rules of which are approved under section 26 or 59A of the Racing Act

1958;

"associate"—

(a) in Part 4, has the meaning, in relation to a person, it would have under Division 2 of Part 1.2 of the Corporations Act if—

(i) for paragraphs (b) and (c) of section 12 of that Act, there were substituted—

"or

(b) whether the primary person is in a position to exercise certain powers in relation to a body corporate;"; and

(ii) sections 13, 14, 16(2) and 17 of that Act were repealed; and

(b) in any other case, means, in relation to a person (the first person)—

(i) a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the wagering

s. 3

S. 3(1) def. of "associate" amended by No. 44/2001 s. 3(Sch. item 53.1 (a)(i)(ii)).

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Act No. 37/1994

3

business or the gaming business (as the case requires) of the first person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of any such business; or

(ii) a person who holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the wagering business or the gaming business (as the case requires) of the first person; or

(iii) a person who is a relative of the first person;

"Australian body corporate" means a body corporate that—

(a) is incorporated by or under a law of the Commonwealth or of a State or Territory; and

(b) is substantially owned and effectively controlled by persons who are—

(i) Australian individuals; or

(ii) Australian government bodies; or

(iii) Australian fund managers; or

(iv) bodies corporate incorporated by or under a law of the Commonwealth or of a State or Territory substantially owned and effectively controlled by persons referred to in a preceding sub-paragraph;

s. 3

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Act No. 37/1994

4

"Australian citizen" has the same meaning as in the Australian Citizenship Act 1948 of the Commonwealth;

"Australian fund manager" means the trustee or manager of a fund in which the total interests of Australian individuals, Australian government bodies and Australian bodies corporate represent at least 60% of the total interests in the fund;

"Australian government body" means—

(a) the Commonwealth, a State or a Territory; or

(b) a Commonwealth, State or Territory authority; or

(c) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or

(d) a person who is a nominee of a body mentioned in paragraph (a), (b) or (c);

"Australian individual" means an individual who is an Australian citizen or is ordinarily resident in Australia;

"Australian resident" means—

(a) an Australian individual; or

(b) an Australian government body; or

(c) an Australian body corporate; or

(d) an Australian fund manager;

"authorised person" means—

(a) a member of the Authority; or

(b) the Director; or

(c) an inspector; or

s. 3

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Act No. 37/1994

5

(d) a member of the staff of the Authority appointed by the Authority in writing to be an authorised person for the purposes of this Act;

"Authority" means the Victorian Casino and Gaming Authority established under this Act;

"betting rules" means rules made in accordance with this Act for wagering or approved betting competitions;

"conduct" includes carry on, manage or assist in carrying on or managing;

"Director" means the Director of Gaming and Betting appointed under Part 9;

"director", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;

"exempt totalisator" means a totalisator in respect of which an exemption under sub-section (3) is in force;

"gaming" has the same meaning as in the Gaming Machine Control Act 1991;

"gaming licence" means the gaming licence granted under Part 2;

"greyhound race" means a race in which greyhounds compete;

"harness race" means a race in which horses compete moving at a gait generally known as pacing or trotting;

"horse race" means a race in which horses compete but does not include a harness race;

S. 3(1) def. of "director" amended by No. 44/2001 s. 3(Sch. item 53.1(b)).

s. 3

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Act No. 37/1994

6

"initial licences" means the first wagering licence and the first gaming licence granted to Tabco under this Act;

"inspector" means an inspector appointed under Part 10;

"instrument" includes a document and an oral agreement;

"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;

"licence" means the wagering licence or the gaming licence granted under Part 2;

"licensed club" means Harness Racing Victoria, Greyhound Racing Victoria or a club licensed under section 24A of the Racing

Act 1958;

"licensee" means the holder of the wagering licence and the gaming licence;

"member" means chairperson, deputy chairperson or other member of the Authority;

"minor" means a person who is under the age of 18 years;

"non-resident" means a person who is not an Australian resident;

"operator" in relation to a licence, means—

(a) unless paragraph (b) applies, the licensee; or

(b) while an appointment under section 22 is in force, the wholly-owned subsidiary of the licensee appointed

S. 3(1) def. of "licensed club" amended by Nos 16/2001 s. 35(1), 35/2001 s. 7(1).

s. 3

S. 3(1) def. of "operator" amended by No. 98/1994 s. 4(1).

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Act No. 37/1994

7

under that section as the operator or operators in relation to that licence;

"permit" means on-course wagering permit granted under Part 3;

"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

"race" includes a division of a race;

"race meeting" means a meeting conducted by a licensed club for the purpose of horse racing, harness racing or greyhound racing;

"Racing Products" means Racing Products Pty Ltd (A.C.N. 064 067 867);

"related body corporate", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;

"relevant financial interest", in relation to a business, means—

(a) any share in the capital of the business; or

(b) any entitlement to receive any income derived from the business; or

(c) any entitlement to receive any payment as a result of money advanced;

S. 3(1) def. of "Racing Products" substituted by No. 44/2001 s. 3(Sch. item 53.1(c)).

s. 3

S. 3(1) def. of "related body corporate" amended by No. 44/2001 s. 3(Sch. item 53.1(d)).

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Act No. 37/1994

8

"relevant position", in relation to a business, means the position of director, manager, or other executive position or secretary, however that position is designated;

"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a) to participate in any directorial, managerial, or executive decision; or

(b) to elect or appoint any person to any relevant position;

"relative", in relation to a person, means the spouse, de facto spouse, parent, son, daughter, or brother or sister (whether of the full or half blood) of the person;

"refund" means the amount of an investment made in a totalisator under this Act which is repayable to an investor (whether wholly or partly) in accordance with the betting rules;

"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

"share", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;

"subsidiary", in relation to a body corporate, means a body corporate that is a subsidiary of the first-mentioned body corporate by virtue of Division 6 of Part 1.2 of the Corporations Act;

"TAB" means the Totalizator Agency Board established under the Racing Act 1958;

s. 3

S. 3(1) def. of "share" amended by No. 44/2001 s. 3(Sch. item 53.1(d)).

S. 3(1) def. of "subsidiary" amended by No. 44/2001 s. 3(Sch. item 53.1(d)).

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Act No. 37/1994

9

"Tabco" means TABCORP Holdings Limited (A.C.N. 063 780 709);

"TAB instrument" means an instrument (including a legislative instrument other than in this Act) subsisting immediately before the appointed day—

(a) to which TAB was a party; or

(b) that was given to or in favour of TAB; or

(c) that refers to TAB; or

(d) under which—

(i) money is, or may become, payable to or by TAB; or

(ii) other property is to be, or may become liable to be, transferred to or by TAB;

"ticket" in relation to a totalisator, includes card, token or thing entitling or purporting to entitle any person to any interest in any dividend, division or distribution of any money by means of, or in connection with, or as the result of, the operation of a totalisator;

"totalisator" means a scheme of pari-mutuel betting, whether conducted by means of an instrument or contrivance known as a totalisator or otherwise;

"transferred property" means property, rights or liabilities of TAB that, under Part 13, have vested in, or become liabilities of, Tabco, a wholly owned subsidiary of Tabco or the State;

S. 3(1) def. of "Tabco" substituted by No. 44/2001 s. 3(Sch. item 53.1(e)).

s. 3

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Act No. 37/1994

10

"transferee", in relation to transferred property, means Tabco or a wholly owned subsidiary of Tabco to which the property has been transferred or, if the property has been transferred to the State, the State;

"VicRacing" means VicRacing Pty Ltd (A.C.N. 064 067 849);

"voting share", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;

"wagering" means pari-mutuel betting on a horse race, harness race or greyhound race;

"wagering event" means a horse race, harness race or greyhound race;

"wagering licence" means the wagering licence granted under Part 2;

"wholly-owned subsidiary", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act.

(2) For the purpose of paragraph (b) of the definition of "Australian body corporate", a body corporate is substantially owned and effectively controlled by persons referred to in that paragraph if and only if the total value of shares in the body corporate in which persons other than persons so referred to have relevant interests (within the meaning of section 51(4)) represents less than 40% of the total value of the issued share capital of the body corporate.

S. 3(1) def. of "VicRacing" substituted by No. 44/2001 s. 3(Sch. item 53.1(f)).

S. 3(1) def. of "voting share" amended by No. 44/2001 s. 3(Sch. item 53.1(g)).

s. 3

S. 3(1) def. of "wholly-owned subsidiary" amended by No. 44/2001 s. 3(Sch. item 53.1(g)).

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Act No. 37/1994

11

(3) The Treasurer, by notice given to the licensee, may grant to the licensee an exemption, subject to such conditions (if any) as the Treasurer determines and specifies in the notice, for the purposes of Part 7 for a totalisator conducted by the licensee or an operator if the Treasurer is satisfied that the totalisator is not connected with wagering or approved betting competitions conducted in Victoria.

(4) The Treasurer, by notice given to the licensee, may, subject to such conditions (if any) as the Treasurer determines and specifies in the notice, declare that specified amounts, or amounts of a specified class, invested in a totalisator are deemed, for the purposes of sections 73 and 76, not to form part of the total amount invested in that totalisator.

(5) The Treasurer, by notice given to the licensee, may, subject to such conditions (if any) as the Treasurer determines and specifies in the notice, declare that specified amounts, or amounts of a specified class, are deemed, for the purposes of section 77(1), not to form part of the net investment in approved betting competitions at fixed odds conducted by the licensee or an operator.

4. Money invested

A reference in this Act to money or an amount invested whether in a totalisator or otherwise shall be taken to refer to money or an amount so invested, less any amount repayable to the investor by way of a refund whether because of the cancellation or calling off of a bet or otherwise.

S. 3(5) inserted by No. 90/1997 s. 36.

s. 4

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Act No. 37/1994

12

5. Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

_______________

s. 5

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Part 2—Wagering Licence and Gaming Licence


Act No. 37/1994

13

PART 2—WAGERING LICENCE AND GAMING LICENCE

Division 1—General

6. Wagering licence

The wagering licence authorises—

(a) the licensee; and

(b) while an appointment under section 22 is in force, the wholly owned subsidiary of the licensee appointed under that section as the operator—

to conduct, subject to this Act and the regulations, the Racing Act 1958 and any conditions to which the licence is subject—

(c) wagering; and

(d) approved betting competitions.

7. Gaming licence

The gaming licence confers on—

(a) the licensee; and

(b) while an appointment under section 22 is in force, the wholly owned subsidiary of the licensee appointed as the operator—

the following authorities, subject to this Act and the regulations, the Gaming Machine Control

Act 1991 and any conditions to which the licence is subject—

(c) the same authority as is conferred on the holder of a gaming operator's licence under the Gaming Machine Control Act 1991; and

s. 6

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Act No. 37/1994

14

(d) the authority to conduct and promote club keno games in Victoria in accordance with the Club Keno Act 1993 as a participant within the meaning of that Act.

8. One licence

This Act does not authorise the operation at the same time of—

(a) more than one wagering licence; or

(b) more than one gaming licence—

under this Act.

9. Licence non-transferable

A licence is not transferable.

Division 2—Grant of initial licences

10. Application for initial licences

(1) Tabco may apply to the Authority for the grant of—

(a) a wagering licence; and

(b) a gaming licence.

(2) The application must be in a form, or to the effect of a form, approved by the Authority.

(3) Tabco must provide such additional information in connection with the application as the Authority requires.

11. Authority to be satisfied as to certain matters

(1) The Authority, if satisfied that Tabco, and each associate of Tabco, is a suitable person to be concerned in, or associated with, the management and operation of a wagering business and a gaming business, must recommend to the Governor in Council that the application be granted.

s. 8

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Act No. 37/1994

15

(2) In particular, the Authority must be satisfied that—

(a) Tabco, and each associate of Tabco, is of good repute, having regard to character, honesty and integrity;

(b) Tabco has, or is or will be able to obtain, financial resources that are adequate to ensure the financial viability of a wagering business and a gaming business;

(c) neither Tabco nor any associate of Tabco has any association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity as a result of which Tabco or the associate is likely to be significantly affected in an unsatisfactory manner;

(d) each executive officer or any other officer or person determined by the Authority to be associated or connected with the management of the proposed operation of a wagering business or a gaming business of Tabco under this Act is a suitable person to act in that capacity;

(e) Tabco and VicRacing have concluded an agreement concerning the racing industry and the formation of an unincorporated joint venture;

* * * * *

(3) The Authority—

(a) may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the

s. 11

S. 11(2)(f) repealed by No. 88/2000 s. 28.

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management of the proposed operation of a wagering business or a gaming business of Tabco under this Act to consent to having his or her photograph, finger prints and palm prints taken;

(b) must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police.

(4) The Chief Commissioner of Police and the Director must inquire into and report to the Authority on such matters concerning the application as the Authority requests.

12. Grant of initial licences

(1) The Governor in Council, on the recommendation of the Authority, may grant to Tabco—



(2) Each licence—

(a) is for a term of 18 years commencing on the appointed day or such longer period as the Governor in Council approves under section 20(3); and

(b) is subject to the conditions determined by the Governor in Council and set out in the licence.

(3) The conditions referred to in sub-section (2)(b) may include conditions, not inconsistent with this Act, relating to the obtaining of consents, or complying with specified requirements, before acting under, or exercising a right conferred by, the licence or this Act but a failure to comply with any such condition does not make the act or exercise of the right invalid or unenforceable.

s. 12

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(4) The conditions of a licence (other than the term) may be amended by the Governor in Council with the consent of Tabco.

13. Liability of Tabco on grant of initial licences

(1) On the grant of the licences, Tabco becomes liable to pay—

(a) to the Treasurer, as consideration for the grant of the licences, an amount equal to the allotment amount; and

(b) to TAB, as consideration for the transferred property, an amount equal to the sum of the value of the transferred property as determined under Part 13.

(2) Tabco must pay the amounts referred to in sub-section (1) within 14 days after the appointed day.

(3) In sub-section (1), "allotment amount" means the amount determined by the Treasurer before the appointed day as the sum of the amounts paid, deemed to be paid or due and payable for the allotment of shares in Tabco on the appointed day, less the sum of—

(a) an amount equal to the amount payable to TAB under sub-section (1); and

(b) an amount determined by the Treasurer.

Division 3—Grant of licences after initial licences

14. Application for licence after initial licences

(1) A company within the meaning of the Corporations Act that is taken to be registered in Victoria may, within such period as the Authority determines before the expiry of the initial licences or later licences or, if the initial licences or later licences are cancelled, within such period after the

s. 13

S. 14(1) amended by No. 44/2001 s. 3(Sch. item 53.2).

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cancellation as the Authority determines, apply to the Authority for the grant of—



(2) A person who has been a licensee is not entitled to apply under sub-section (1) if a wagering licence or gaming licence held by the person has been cancelled.

(3) An application—

(a) must be in a form, or to the effect of the form approved by the Authority;

(b) must be accompanied by the prescribed fee;

(c) must be accompanied by a statement of the premium payment offered by the applicant;

(d) must be accompanied by an outline of the arrangements proposed to be entered into by the applicant, on or before the grant of the licence, being—

(i) arrangements with VicRacing; and

(ii) arrangements with Racing Products.

(4) An applicant must provide such additional information in connection with the application as the Authority requires.

(5) If a requirement made by this section is not complied with, the Authority may refuse to consider the application.

(6) If an application is not considered because of sub-section (5) or is withdrawn by the applicant, the Authority, at its discretion, may refund the whole or part of the prescribed fee and the Consolidated Fund is to the necessary extent appropriated accordingly.

s. 14

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15. Matters to be considered in determining application

(1) The Authority must not recommend that a licence be granted unless satisfied that the applicant, and each associate of the applicant, is a suitable person to be concerned in, or associated with, the management and operation of a wagering business and a gaming business.

(2) In particular, the Authority must consider whether—

(a) the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity;

(b) the applicant, and each associate of the applicant, is of sound and stable financial background;

(c) the applicant has, or is or will be able to obtain, financial resources that are adequate to ensure the financial viability of a wagering business and a gaming business and the services of persons who have sufficient experience in the management and operation of a wagering business and a gaming business;

(d) the applicant has sufficient business ability to establish and maintain a successful wagering business and a successful gaming business;

(e) neither the applicant, nor any associate of the applicant, has any association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner;

s. 15

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(f) each executive officer of the applicant and any other officer or person determined by the Authority to be associated or connected with the management of the proposed operation of a wagering business or a gaming business of the applicant is a suitable person to act in that capacity;

(g) the applicant will have in place an adequate electronic monitoring system for detecting significant events associated with each gaming machine within the meaning of the Gaming Machine Control Act 1991, including a system for continuous on-line real time recording, monitoring and control of significant game play transactions (as prescribed under that Act).

16. Investigation of application

(1) On receiving an application for the licences, the Authority must cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.

(2) In particular, the Authority—

(a) may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the management of the proposed operation of a wagering business or gaming business of the applicant to consent to having his or her photograph, finger prints and palm prints taken;

(b) must refer a copy of the application and of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police.

s. 16

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(4) The Authority may refuse to consider an application for the licences if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.

17. Authority may require further information etc.

(1) The Authority may, by notice in writing, require a person who is an applicant for the licences or a person whose association with the applicant is, in the opinion of the Authority, relevant to the application to do any one or more of the following—

(a) to provide, in accordance with directions in the notice, any information, verified by statutory declaration, that is relevant to the investigation of the application and is specified in the notice; and

(b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; and

(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); and

s. 17

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(d) to furnish to the Authority any authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information) concerning the person and his or her associates from other persons.

(2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned.

18. Updating of application

(1) If a change occurs in the information provided in or in connection with an application for the licences (including in any documents lodged with the application), before the application is granted or refused, the applicant must forthwith give the Authority written particulars of the change verified by statutory declaration.

Penalty: 50 penalty units.

(2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of sub-section (1) to any further change in the information provided.

19. Recommendation on application

(1) The Authority must notify an applicant in writing—

(a) that it has determined to recommend the grant of the applicant's application; or

(b) that it has determined not to recommend the grant of the applicant's application.

* * * * *

s. 18

S. 19(2) repealed by No. 88/2000 s. 29.

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20. Grant of licence

(1) Subject to sub-section (2), the Governor in Council may grant to an applicant recommended by the Authority—


(b) a gaming licence—

on payment by the applicant of the premium payment.

(2) The Governor in Council must not grant the licences unless the Minister, after consultation with the Authority—

(a) is satisfied—

(i) that the arrangements between the current licensee and VicRacing or Racing Products have been or, before the licences commence, will be, concluded to the reasonable satisfaction of the parties; or

(ii) that a reasonable opportunity has been given for such a conclusion of those arrangements; and

(b) is satisfied that the applicant has entered into, or made a binding offer to enter into, arrangements with VicRacing and arrangements with Racing Products that, in the opinion of the Minister, after consultation with the Authority, are no less favourable to VicRacing and Racing Products than those last in force between a licensee (other than a licensee appointed under section 34) and VicRacing or Racing Products, as the case requires.

s. 20

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(3) If, because of sub-section (2), the Governor in Council is unlikely to grant the licences before the expiration of the term of 18 years of the licences held by the current licensee, the Governor in Council may, by Order published in the Government Gazette, approve the extension of the term of the current licences until the commencement of the new licences or for such shorter period as is specified in the Order.

(4) A licence is for a term of 18 years, or a longer term determined by the Governor in Council and set out in the licence, and is subject to the conditions set out in the licence.

(5) The conditions (other than the term) of the licence may be amended by the Governor in Council with the consent of the licensee.

Division 4—Entitlement of former licensee

21. Entitlement of former licensee on grant of new

licences

(1) On the grant of new licences (other than the initial licences), the person who was the holder of the licences last in force (in this section called the "former licences") is entitled to be paid an amount equal to the licence value of the former licences or the premium payment paid by the new licensee, whichever is the lesser.

(2) The person who was the holder of the former licences is entitled to the payment under sub-section (1) whether or not the person was, or was entitled to be, an applicant for the new licences.

(3) Sub-section (1) does not apply if the holder of the former licences has been wound up.

s. 21

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(4) The payment under sub-section (1) must be made not later than 7 days after the commencement of the new licences and the Consolidated Fund is hereby to the necessary extent appropriated accordingly.

(5) In this section, "licence value" in relation to the former licences means the amount calculated in accordance with the formula—

C 20

17 3R×

+

where—

R is the amount calculated in accordance with the formula—

100 1 B

F

E A

D1

×

−

×

but—

(a) if the amount so calculated is less than zero, R is zero; and

(b) if the amount so calculated is more than 2, R is 2;

A is the sum of—

(a) the total amount invested in totalisators conducted by the holder of the former licences or an operator appointed by that holder on wagering events during the period of 12 months ending immediately before the former licences ceased to be in force, less dividends paid in respect of that total amount; and

s. 21

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(b) the total amount wagered on gaming machines of the holder of the former licences during that period, less amounts returned to players during that period;

E is the all groups consumer price index for Melbourne as at the first anniversary of the commencement of the former licences last published by the Australian Statistician in respect of the quarter in which that anniversary falls;

F is the all groups consumer price index for Melbourne last published by the Australian Statistician in respect of the quarter in which, or in part of which, the former licences were last in force or, if such an index has not been so published, the index for the most recent quarter last so published;

B is the sum of—

(a) the total amount invested in totalisators conducted by the holder of the former licences or an operator appointed by that holder on wagering events during the period of 12 months commencing on the date of commencement of the former licences, less dividends paid in respect of that total amount; and

(b) the total amount wagered on gaming machines of the holder of the former licences during that period, less amounts returned to players during that period;

C is—

(a) if the former licences were the initial licences, the allotment amount within the meaning of section 13; and

s. 21

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(b) in any other case, an amount equal to the amount of the premium payment paid by the former licensee for the former licences;

D is the number of years, including part of a year, in the period beginning on the first anniversary of the commencement of the former licences and ending on the last day on which they are in force.

Division 5—Operator

22. Appointment of operator or operators

(1) Subject to section 23, the holder of the wagering licence may, by notice in writing given to the Authority, appoint a company within the meaning of the Corporations Act that is taken to be registered in Victoria and is a wholly owned subsidiary of the licensee approved by the Authority as operator of the wagering licence.

(2) Subject to section 23, the holder of the gaming licence may, by notice in writing given to the Authority, appoint one or more companies within the meaning of the Corporations Act that are taken to be registered in Victoria and are wholly owned subsidiaries of the licensee approved by the Authority as operators of the gaming licence.

(3) The same wholly owned subsidiary of the licensee may be appointed as operator of both licences.

(4) A company appointed as operator ceases to be the operator on ceasing to be a wholly owned subsidiary of the licensee.

(5) The licensee may, at any time by notice in writing given to the Authority, revoke the appointment of an operator under this section.

s. 22

S. 22(1) amended by No. 44/2001 s. 3(Sch. item 53.3(a)).

S. 22(2) amended by Nos 98/1994 s. 4(2)(a)–(c), 44/2001 s. 3(Sch. item 53.3(b)).

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23. Approval of wholly owned subsidiary

(1) The Authority must not approve a wholly owned subsidiary of the licensee for appointment as an operator of a licence unless satisfied that the subsidiary, and each associate of the subsidiary, is a suitable person to be concerned in, or associated with, the management and operation of a wagering business or a gaming business, or both, as the case requires.


(a) the subsidiary, and each associate of the subsidiary, is of good repute, having regard to character, honesty and integrity;

(b) the subsidiary (other than a wholly owned subsidiary of Tabco that has not commenced to carry on business), and each associate of the subsidiary, is of sound and stable financial background;

(c) the subsidiary has, or is able to obtain, financial resources that are adequate to ensure the financial viability of a wagering business or a gaming business, or both, and the services of persons who have sufficient experience in the management and operation of a wagering business or a gaming business, or both;

(d) the subsidiary (other than a wholly owned subsidiary of Tabco that has not commenced to carry on business) has sufficient business ability to establish and maintain a successful wagering business and a successful gaming business;

s. 23

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(e) neither the subsidiary nor any associate of the subsidiary has any association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity as a result of which the subsidiary or the associate is likely to be significantly affected in an unsatisfactory manner;

(f) each director, executive officer or secretary of the subsidiary and any other officer or person determined by the Authority to be associated or connected with the ownership or management of the operations or business of the subsidiary, is a suitable person to act in that capacity.

24. Investigation

(1) On receiving a request to approve a wholly owned subsidiary, the Authority must cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.


(a) may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the management of the operations or business of the subsidiary to consent to having his or her photograph, finger prints and palm prints taken;

(b) must refer such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police.

s. 24

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(3) The Chief Commissioner of Police and the Director must inquire into and report to the Authority on such matters concerning the matter as the Authority requests.

(4) The Authority may refuse to consider an application for approval of a subsidiary as operator if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.


(1) The Authority may, by notice in writing, require a person who is a wholly-owned subsidiary for which the licensee is seeking approval or a person whose association with the subsidiary is, in the opinion of the Authority, relevant to the application to do any one or more of the following—

(a) to provide, in accordance with directions in the notice, any information, verified by statutory declaration, that is relevant to the investigation of the request for approval and is specified in the notice; and

(b) to produce, in accordance with directions in the notice, any records relevant to the request for approval that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; and


s. 25

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(2) If a requirement made under this section is not complied with, the Authority may refuse to consider the request for approval.


(1) If a change occurs in the information provided in or in connection with a request for approval of a wholly owned subsidiary (including in any documents lodged with the application), before the request is granted or refused, the licensee must forthwith give the Authority written particulars of the change verified by statutory declaration.


(2) When particulars of the change are given, those particulars must then be considered to have formed part of the original request, for the purposes of the application of sub-section (1) to any further change in the information provided.

Division 6—Requirements regarding licensee, operator,

directors etc.

27. Restrictions on directors of licensee or operator

(1) For the purposes of Division 7, the licensee is in breach of this Act if a director of the licensee or the operator—

(a) is a director of, or has a voting power of 5% or more in, the holder of a casino licence under the Casino Control Act 1991; or

s. 26

S. 27(1)(a) amended by No. 44/2001 s. 3(Sch. item 53.4).

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(b) is a trustee of the will and estate of the late George Adams or a beneficiary in that estate; or

(c) is a director of, or has a voting power of 5% or more in, the holder of a gaming operator's licence under the Gaming Machine Control

Act 1991.

(2) For the purposes of sub-section (1), the voting power a person has in the holder of a casino licence or gaming operator's licence is the person's voting power determined in accordance with section 610 of the Corporations Act as if a reference in that section of that Act to a relevant interest were a reference to a relevant interest to which section 51(4) applies.

28. General investigations

(1) The Authority may investigate the conduct of operations under a licence from time to time and at any time that the Authority thinks it desirable to do so and, if it is directed to do so by the Minister, must investigate that conduct.

(2) The investigation may include (but is not limited to) an investigation of any or all of the following—

(a) the licensee or operator or a person who, in the opinion of the Authority, is an associate of the licensee or operator;

(b) a person or persons who in the opinion of the Authority could affect the exercise of functions in or in relation to the conduct of the operations of the licensee or operator; or

(c) a person or persons who, in the opinion of the Authority, could be in a position to exercise direct or indirect control over the licensee or operator, or an associate of the licensee or operator, in relation to functions

S. 27(1)(c) amended by No. 44/2001 s. 3(Sch. item 53.4).

S. 27(2) substituted by No. 44/2001 s. 3(Sch. item 53.5).

s. 28

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in or in relation to the conduct of operations under the licence.

(3) The Authority may make a report to the Minister on the results of such an investigation if it thinks it desirable to do so and must make such a report if the investigation was made at the direction of the Minister.

29. Provision of information

(1) The Authority may, by notice in writing, require a licensee or an operator or a person who, in the opinion of the Authority, is directly or indirectly associated with a licensee or an operator—

(a) to provide the Authority or an authorised person, in accordance with directions in the notice, with such information relevant to the licensee or operator or that association or to the conduct of operations under a licence, or with such information as the Authority requires, as is specified in the notice; or

(b) to produce to the Authority or an authorised person, in accordance with the directions in the notice, such records relevant to the licensee or operator or that association or to the conduct of operations under a licence, or to matters specified by the Authority, as are specified in the notice and to permit examination of those records, the taking of extracts from them and the making of copies of them; or

(c) to attend before the Authority or an authorised person for examination in relation to any matters relevant to the licensee or operator or that association or to the conduct of operations under a licence, or to matters specified by the Authority, and to answer questions relating to those matters.

s. 29

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(2) A person is not excused from complying with a notice under this section on the ground that compliance might tend to incriminate the person but, if the person, in writing given to the Authority, claims, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than proceedings under this Act.

(3) If records are produced under this section, the Authority or authorised person to whom they are produced may retain possession of the records for such period as may reasonably be necessary to permit examination of the records, the taking of extracts from them and the making of copies of them.

(4) At any reasonable times during the period for which records are retained, the Authority or authorised person must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Authority or an authorised person.

(5) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

30. Change in situation of licensee or operator

(1) In this section—

"major change" in the situation existing in relation to a licensee or operator means—

(a) any change in that situation which results in a person becoming an associate of the licensee or operator; or

(b) any other change in that situation which is of a class or description prescribed as major for the purposes of this section;

s. 30

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"minor change" in the situation existing in relation to a licensee or operator means any change in that situation that is prescribed as a minor change for the purposes of this section.

(2) A licensee or operator must—

(a) ensure that a major change in the situation existing in relation to the licensee or operator which is within the licensee or operator's power to prevent occurring does not occur except with the prior approval in writing of the Authority; and

(b) notify the Authority in writing of the likelihood of any major change in the situation existing in relation to the licensee or operator to which paragraph (a) does not apply as soon as practicable after the licensee or operator becomes aware of the likelihood of the change; and

(c) notify the Authority in writing of any major change in the situation existing in relation to the licensee or operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and

(d) notify the Authority in writing of any minor change in the situation existing in relation to the licensee or operator within 14 days after becoming aware that the change has occurred.


(3) If a major change for which the approval of the Authority is sought under this section involves a person becoming an associate of the licensee or operator, the Authority must not grant its approval unless satisfied that the person is a suitable person

s. 30

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to be associated with the management of a wagering or gaming business.

(4) Sections 24 and 25 apply to and in respect of an application for approval under this section in the same way that they apply to and in respect of an application for a licence or for approval of a person as operator.

(5) If a major change is proposed or has occurred involving a person becoming an associate of the licensee or operator and the approval of the Authority to the change is not required—

(a) the Authority must inquire into the change to determine whether it is satisfied that the person is a suitable person to be associated with the management of a wagering business or a gaming business; and

(b) if it is not so satisfied, the Authority must take such action as it considers appropriate.

31. Licensee and others not to be associated with certain

activities

(1) A person to whom this section applies must not—

(a) hold a casino licence or special employee's licence under Part 2 or 4 of the Casino

Control Act 1991;

(b) hold a gaming operator's licence, special employee's licence or technician's licence under the Gaming Machine Control Act

1991;

(c) be listed on the Roll within the meaning of the Gaming Machine Control Act 1991;

(d) except as authorised by the Gaming

Machine Control Act 1991, hold a venue operator's licence under that Act;

(e) be a member of the Authority;

s. 31

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(f) be an inspector under this Act—

or otherwise be employed by, or significantly associated with—

(g) the holder of a casino licence; or

(h) the holder of a gaming operator's licence (except for the purposes of the Club Keno

Act 1993).

(2) This section applies to—

(a) the licensee;

(b) an associate of the licensee;

(c) a subsidiary of the licensee;

(d) a related body corporate of the licensee.

(3) A licensed club is deemed not to be an associate of the licensee for the purposes of sub-section (1)(d).

Division 7—Disciplinary action and cancellation

32. Disciplinary action

(1) If the Authority is satisfied that the licensee or an operator has committed a breach—

(a) of a condition of a licence; or

(b) of the betting rules; or

(c) of this Act or the regulations, the Gaming

Machine Control Act 1991 or the regulations under that Act or the Club Keno

Act 1993 or of any other law relating to wagering or gaming—

the Authority may give notice to the licensee and the operator (unless satisfied that the operator did not commit the breach) to show cause why the Authority should not take disciplinary action under this section.

s. 32

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(2) If the licensee, within 7 days or such longer period as the Authority allows, does not—

(a) remedy the breach or cause the breach to be remedied; or

(b) if the breach cannot be remedied, satisfy the Authority that steps have been taken to ensure a similar breach does not occur again—

the Authority, after giving the licensee and the operator (unless satisfied that the operator did not commit the breach) an opportunity to be heard—

(c) may reprimand the licensee or the operator or both; or

(d) may impose a fine on the licensee or the operator or both not exceeding $5 000 000.

(3) In sub-section (1), a reference to a breach of this Act does not include a reference to a breach of Part 4.

33. Cancellation of both licences

(1) The Authority, with the consent of the Minister, may apply to the Supreme Court for cancellation of a wagering licence and a gaming licence.

(2) On an application under sub-section (1), the Supreme Court may cancel the licences if it is satisfied—

(a) that the licensee or the operator—

(i) has committed a material breach of a term or condition of the wagering licence or the gaming licence or the betting rules or of this Act or the regulations or of any other law relating to wagering or gaming; or

s. 33

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Act No. 37/1994

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(ii) has persistently committed breaches of terms or conditions of a licence or the betting rules or of this Act or the regulations or of any other law relating to wagering or gaming—

and that a reprimand or fine is not, in all the circumstances, a sufficient sanction;

(b) that the licensee or an operator has persistently committed breaches referred to in section 32(1);

(c) that on an application under section 459P of the Corporations Act, the Court would be required under section 459C(2) of that Act to presume that the licensee or operator is insolvent;

(d) that the licensee or an operator is an externally-administered body corporate within the meaning of the Corporations Act;

(e) that the licensee or an operator has been convicted of an offence which is of sufficient magnitude to warrant cancellation of the licences;

(f) that the licensee or an operator is not a company within the meaning of the Corporations Act that is taken to be registered in Victoria;

(g) that neither the licensee nor an operator is carrying on a significant wagering business on events in Victoria and a significant gaming business in Victoria;

(h) that the licensee or an operator is involved in a scheme or arrangement the purpose, or one of the purposes, of which is the avoidance of tax under Part 7.

S. 33(2)(c) amended by No. 44/2001 s. 3(Sch. item 53.6 (a)(i)(ii)).

S. 33(2)(d) amended by No. 44/2001 s. 3(Sch. item 53.6(b)).

s. 33

S. 33(2)(f) substituted by No. 44/2001 s. 3(Sch. item 53.6(c)).

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(3) The Supreme Court must not cancel the licences under this section if a receiver, or receiver and manager, or administrator, of the licensee has been appointed under the Corporations Act within the preceding 6 months, unless the receiver, or receiver and manager, or administrator, consents to the cancellation.

34. Appointment of temporary licensee if licence

cancelled

(1) If the licences are cancelled, the Authority may, if it is satisfied that it is in the public interest to do so, by instrument appoint a person approved by the Authority as licensee for the purposes of this Act for such period, not exceeding 6 months, as it determines.

(2) A licensee is appointed under sub-section (1) on such terms and conditions as the Authority thinks fit.

(3) The appointment of a licensee under sub-section (1) may be renewed for one period only not exceeding 6 months and may be terminated at any time by the Authority and is terminated by the grant of another licence under this Act.

(4) For the purposes of this Act, a licensee appointed under this section is deemed to be the holder of the licences while so appointed.

(5) Subject to this section, a licensee appointed under this section may enter into such arrangements as are approved by the Authority with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee.


s. 34

S. 34(5) re-numbered as s. 34(4) by No. 90/1997 s. 38(a)(i).

S. 34(6) re-numbered as s. 34(5) by No. 90/1997 s. 38(a)(ii).

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(6) The former licensee—

(a) must make available to the licensee on reasonable terms such assets of, or under the control of, the former licensee as are reasonably necessary for arrangements under sub-section (5); and

(b) must use its best endeavours to make available such staff of the former licensee as are reasonably necessary for those arrangements.

Penalty: 100 Penalty units.

(7) A licensee appointed under this section must use its best endeavours to continue the arrangements with VicRacing and the arrangements with Racing Products to which the former licensee was a party immediately before the licences were cancelled.

(8) The regulations may make provision for or with respect to the functions and powers of a licensee appointed under this section.

_______________

S. 34(7) re-numbered as s. 34(6) by No. 90/1997 s. 38(a)(iii).

S. 34(6)(a) amended by No. 90/1997 s. 38(a)(ii).

S. 34(6)(b) amended by No. 90/1997 s. 38(b).

S. 34(8) re-numbered as s. 34(7) by No. 90/1997 s. 38(a)(iv).

S. 34(9) re-numbered as s. 34(8) by No. 90/1997 s. 38(a)(v).

s. 34

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Part 3—On-Course Wagering Permit


Act No. 37/1994

42

PART 3—ON-COURSE WAGERING PERMIT


35. On-course wagering permit

An on-course wagering permit authorises the holder to conduct, subject to this Act and the regulations, the Racing Act 1958 and any conditions to which the permit is subject, on-course wagering by accepting investments placed by persons on a race-course at a bona fide race-meeting held under the Racing Act 1958 conducted by the holder, whether the investments relate to races held on that race-course or elsewhere.

36. Permit not transferable

A permit is not transferable.

Division 2—Grant of permit

37. Application for permit

(1) A licensed club may apply to the Authority for the grant of an on-course wagering permit.

(2) An application—

(a) must be in a form, or to the effect of the form approved by the Authority;

(b) must be accompanied by the prescribed fee;

(c) must nominate a person to be appointed as manager of the permit.

(3) An applicant must provide such additional information in connection with the application as the Authority requires.

s. 35

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(4) If a requirement made by this section is not complied with, the Authority may refuse to consider the application.

(5) If an application is not considered because of sub-section (4) or is withdrawn by the applicant, the Authority, at its discretion, may refund the whole or part of the prescribed fee and the Consolidated Fund is to the necessary extent appropriated accordingly.

38. Matters to be considered in determining application

(1) The Authority must not grant a permit unless satisfied that the applicant and the manager, and each associate of the applicant and the manager, is a suitable person to be concerned in, or associated with, the management and operation of an on-course wagering business.


(a) the applicant and the manager, and each associate of the applicant and the manager, is of good repute, having regard to character, honesty and integrity;

(b) the applicant and the manager, and each associate of the applicant and the manager, is of sound and stable financial background;

(c) the applicant has, or is or will be able to obtain, financial resources that are adequate to ensure the financial viability of the proposed on-course wagering business and the services of persons who have sufficient experience in the management and operation of a wagering business;

(d) the applicant has sufficient business ability to establish and maintain a successful wagering business of the size and kind proposed;

s. 38

S. 38(2)(d) amended by No. 98/1994 s. 5.

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(e) neither the applicant nor the manager, nor any associate of the applicant or the manager, has any association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the manager or the associate is likely to be significantly affected in an unsatisfactory manner;

(f) each executive officer of the applicant and the manager and any other officer or person determined by the Authority to be associated or connected with the management of the proposed operation of a wagering business of the applicant is a suitable person to act in that capacity.

39. Investigation of application

(1) On receiving an application for a permit, the Authority must cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.

(2) In particular, the Authority—

(a) may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the management of the proposed operation of a wagering business of the applicant to consent to having his or her photograph, finger prints and palm prints taken;

(b) must refer a copy of the application and of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police.

s. 39

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(4) The Authority may refuse to consider an application for a permit if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.


(1) The Authority may, by notice in writing, require a person who is an applicant for a permit or a person whose association with the applicant is, in the opinion of the Authority, relevant to the application to do any one or more of the following—

(a) to provide, in accordance with directions in the notice, any information, verified by statutory declaration, that is relevant to the investigation of the application and is specified in the notice; and

(b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; and


S. 39(4) re-numbered as s. 39(3) by No. 90/1997 s. 38(c)(i).

S. 39(5) re-numbered as s. 39(4) by No. 90/1997 s. 38(c)(ii).

s. 40

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(2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned.


(1) If a change occurs in the information provided in or in connection with an application for a permit (including in any documents lodged with the application), before the application is granted or refused, the applicant must forthwith give the Authority written particulars of the change verified by statutory declaration.


(2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of sub-section (1) to any further change in the information provided.

42. Grant of permit

(1) The Authority may grant a permit to a licensed club.

(2) A permit—

(a) applies to race-meetings held by the licensed club on the race-course or race-courses specified in the permit; and

(b) is for a term of 12 months; and

(c) is subject to the conditions determined by the Authority and set out in the permit.

s. 41

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* * * * *

(4) The conditions of a permit (other than the term) may be amended by the Authority with the consent of the holder of the permit.

(5) A permit may be revoked at any time by the Authority for just and reasonable cause stated in writing.

Division 3—Conduct of on-course wagering

43. Compliance with betting rules

(1) The holder of a permit must conduct on-course wagering in accordance with the betting rules in relation to wagering.

(2) The betting rules, as in force when the bet is made, form part of the contract between the holder of the permit and the investor.

Division 4—Commissions, dividends, taxes

44. Commissions

(1) Subject to sub-section (2), the holder of a permit may deduct, or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by it on a wagering event or wagering events an amount not exceeding 25% of the amount so invested.

(2) The holder of a permit must not, under sub-section (1), deduct, or cause to be deducted, in respect of a financial year an amount exceeding 16% of the total amount invested during that financial year in totalisators conducted by it on wagering events.

S. 42(3) repealed by No. 88/2000 s. 29.

s. 43

S. 44(1) amended by No. 88/2000 s. 30.

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45. Wagering Tax

(1) The holder of a permit must pay to the Treasurer a

tax equal to 19⋅11% of the total amount deducted under section 44(1) in respect of each day on which it conducts a totalisator on a wagering event or wagering events.

(2) The tax payable under sub-section (1) is payable within 14 days after the day to which the tax applies.

(3) If the holder of a permit does not pay an amount of tax payable under this section within the period within which it is so payable, the holder of the permit is liable to pay interest at the rate of 20% per annum on that amount from the date on which the payment was due until the payment.

(4) The Authority may, if it thinks fit, mitigate or remit an amount of interest due under sub-section (3).

(5) This section as amended by section 29 of the

National Taxation Reform (Consequential

Provisions) Act 2000 applies to amounts deducted in respect of 1 July 2000 and any subsequent day.

46. Dividends

(1) The holder of a permit, after deduction of its commissions under section 44(1), must pay by way of dividends all money invested in totalisators conducted by it on a wagering event or wagering events.

(2) If no person nominates the winning combination in a totalisator conducted by a permit holder, the permit holder may, unless otherwise directed by the Authority, transfer the money that would have been payable as dividends in that totalisator to be added to the money to form part of the money

s. 45

S. 45(1) amended by No. 6/2000 s. 29(1).

S. 45(5) inserted by No. 6/2000 s. 29(2).

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Act No. 37/1994

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available for dividends in respect of a subsequent totalisator conducted by it.

(3) If, but for this sub-section, a dividend would include a fraction of 10 cents—

(a) if the fraction is less than 5 cents a permit holder—

(i) must not include the fraction in the dividend; and

(ii) must, within 14 days after the dividend is paid, pay the fraction to the Treasurer;

(b) if the fraction is 5 cents or more, a permit holder—

(i) is required to include 5 cents in the dividend; and

(ii) must, within 14 days after the dividend is paid, pay the balance of the fraction to the Treasurer.

Division 5—Supervision charge

47. Permit holder to pay charge

(1) A permit holder must pay to the Treasurer a supervision charge in such instalments in respect of such periods in each financial year as the Treasurer determines from time to time.

(2) The supervision charge is such amount in respect of each financial year as the Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Authority in carrying out its functions and powers under this Act.

(3) The supervision charge is a tax.

s. 47

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48. Hospitals and Charities Fund

In respect of each financial year, an amount equal to the amount paid to the Treasurer under sections 45 and 46 in respect of that year must be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) into the Hospitals and Charities Fund under the Health Services Act 1988.

49. Unclaimed refunds and dividends

(1) On or before the last day of each month (the "payment month"), a permit holder must pay to the Treasurer an amount equal to the sum of all refunds and dividends that have remained unclaimed for—

(a) in the case of a payment month before June 2004—not less than 12 months on the first day of that payment month;

(b) in the case of the payment month of June 2004 and each subsequent payment month—not less than 6 months on the first day of that payment month—

less the expenses of the permit holder reasonably incurred in searching for the persons entitled to those refunds or dividends.

(2) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under sub-section (1), the Treasurer, upon being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose.

s. 48

S. 49(1) substituted by No. 114/2003 s. 12.1.4(1)

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Division 7—Conflict of interest

50. Racing industry and licensee

The holder of a permit must not participate directly or indirectly in any decision concerning the operation, management or activities of business conducted under a wagering licence.

_______________

s. 50

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Part 4—Regulation of Shareholding Interests


Act No. 37/1994

52

PART 4—REGULATION OF SHAREHOLDING INTERESTS

51. Definitions

(1) In this Part—

"officer", in relation to the licensee, has the same meaning as in section 9 of the Corporations Act;

* * * * *

"voting share" in relation to the licensee, has the same meaning as in section 9 of the Corporations Act.

(2) For the purposes of this Part, a person is an associate of another—

(a) if the person is an associate of the other within the meaning of paragraph (a) of the definition of "associate" in section 3; or

(b) if the Minister—

(i) is of the opinion that the person and the other are likely to act in concert with a view to taking control of, or exercising significant influence over, the licensee against the public interest; and

(ii) by notice in writing served on the licensee, declares that the person is an associate of the other.

s. 51

S. 51(1) def. of "officer" amended by No. 44/2001 s. 3(Sch. item 53.8).

S. 51(1) def. of "relevant offence" repealed by No. 90/1998 s. 15.

S. 51(1) def. of "voting share" amended by No. 44/2001 s. 3(Sch. item 53.8).

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(3) Where notice of a declaration under sub-section (2) is served on the licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served on the persons to whom the declaration relates.

(4) For the purposes of this Part, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share because of sections 608 and 609 of the Corporations Act.

(5) For the purposes of this Part, the voting power a person, being the licensee or any other person, has in the licensee is the person's voting power determined in accordance with section 610 of the Corporations Act as if a reference in that section of that Act to a relevant interest were a reference to a relevant interest to which sub-section (4) applies.

(6) A reference in this Part to the Corporations Act is a reference to that Act as it would apply if references in that Act to a body corporate, corporation or company included references to—

(a) a body corporate of any kind wherever formed or incorporated and whether formed or incorporated under that Act or any other law; and

(b) any unincorporated body, being a society, association, company of proprietors or other body, wherever formed, that, under the law of its place of formation, may sue or be sued, or may hold property in the name of the secretary or some other officer of the society, association or body, or in the name of any trustee or trustees; and



s. 51

S. 51(6) amended by No. 44/2001 s. 3(Sch. item 53.10 (a)(b)).

S. 51(6)(a) amended by No. 44/2001 s. 3(Sch. item 53.10(b)).

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(c) any unincorporated body, being a society, association, company of proprietors or other body or undertaking to which is applied, under the laws of the place of its formation, with or without exceptions, a law in force in that place relating to companies or corporations as if it were a company or corporation within the meaning of that Act.

(7) The regulations may provide that relevant interests, or particular classes of relevant interests, in shares, or in particular classes of shares, are, in such circumstances and subject to such conditions (if any) as are specified in the regulations, to be disregarded for such purposes as are specified in the regulations.

(8) If a whole or a portion of the share capital of the licensee consists of stock, a reference in this Part to a number of shares in the licensee as a percentage is, in relation to an amount of stock, a reference to the amount of stock that represents that number of shares.

(9) For the purposes of this Part, the question whether a person who is not an Australian citizen is ordinarily resident in Australia at a particular time is to be determined in the same manner as that question is determined under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth.

52. Application of Part

(1) This Part applies in relation to the licensee only so long as the licensee holds the wagering licence and the gaming licence.

(2) This Part applies in relation to any transaction, agreement, arrangement, understanding or undertaking—

S. 51(6)(c) amended by No. 44/2001 s. 3(Sch. item 53.10(c)).

s. 52


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(a) whether the transaction, agreement, arrangement, understanding or undertaking is entered into, or made, in this State or elsewhere; and

(b) whether the shares (if any) to which the transaction, agreement, arrangement, understanding or undertaking relates are registered in this State or elsewhere; and

(c) whether the proper law of the transaction, agreement, arrangement, understanding or undertaking is the law of this State or not.

53. Prohibited shareholding interest

(1) A person has a prohibited shareholding interest in the licensee if the person—

(a) has a voting power of more than 10% in the licensee;

* * * * *

* * * * *

* * * * *

s. 53

S. 53(1)(a) substituted by Nos 15/1997 s. 5(1)(a), 44/2001 s. 3(Sch. item 53.12(a)), amended by No. 38/2002 s. 20(1)(a).

S. 53(1)(b) repealed by No. 15/1997 s. 5(1)(a).

S. 53(1)(c) substituted by No. 44/2001 s. 3(Sch. item 53.12(b)), repealed by No. 38/2002 s. 20(1)(b).

S. 53(1)(d) repealed by No. 15/1997 s. 5(1)(b).

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(2) For the purposes of this Part, the licensee or a subsidiary of the licensee cannot have a prohibited shareholding interest in the licensee.

(3) It is unlawful for a person to have a prohibited shareholding interest in the licensee.

* * * * *

55. Power to require information relating to entitlement

to shares in licensee

(1) The Minister, or a director or the secretary of the licensee, may, by notice in writing served on a person who has, or is suspected by the Minister, director or secretary (as the case may be) of having, a relevant interest in shares in the licensee, require the person to furnish information specified in the notice for the purpose of determining whether that person or any other person has, or is taking action to acquire, a prohibited shareholding interest in the licensee.

(2) A notice under sub-section (1) may require the person on whom the notice is served, or, if that person is a corporation, 2 directors of the corporation, to verify by statutory declaration any information furnished in compliance with the notice.

(3) If—

(a) a person on whom a notice under sub-section (1) has been served fails to furnish, within the time allowed in the notice, the information required by the notice, verified as required by the notice; or

S. 54 repealed by No. 15/1997 s. 5(2).

s. 55

S. 55(1) amended by No. 44/2001 s. 3(Sch. item 53.13(a)).

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(b) information furnished by the person in response to the notice is, in the opinion of the Minister, by reason of anything included in it or omitted from it, false or misleading in a material particular—

the Minister may, by reason only of that fact, by notice in writing served on the licensee, do one or more of the following—

(c) declare that the person is an associate of another, or that another is an associate of that person;

(d) declare that the person, or another to whom a declaration under paragraph (c) relates, has a relevant interest in specified shares in the licensee;

(e) declare that the voting rights attaching to the shares to which a declaration under paragraph (d) relates are suspended;

(f) declare that the person, or another to whom a declaration under paragraph (c) relates, has a prohibited shareholding interest in the licensee.

(4) If notice of a declaration under sub-section (3) is served on the licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served—

(a) on the person to whom the declaration relates; and

(b) in the case of a declaration under paragraph (e) of that sub-section—on the holder of the shares to which the declaration relates.

S. 55(3)(d) substituted by No. 44/2001 s. 3(Sch. item 53.13(b)).

s. 55

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56. Disposal, forfeiture etc. of shares where prohibited

shareholding interest

(1) If the Minister—

(a) makes a declaration under section 55(3); or

(b) forms the opinion and, by notice in writing served on the licensee, declares under this sub-section—

that a person (in this section referred to as "the offender") has a prohibited shareholding interest in the licensee, the Minister may, by notice in writing served—

(c) if the offender holds voting shares in the licensee in which the offender has a relevant interest—on the offender; or

(d) on any other person who holds voting shares in the licensee in which the offender has a relevant interest—

declare that the offender or that other person must dispose of the relevant number of those shares, or a specified number of those shares not exceeding the relevant number, otherwise than to an associate of the offender within a period specified in the notice, being not less than 3 months after service of the notice.

(2) For the purposes of sub-section (1), the relevant number of shares that a person may be required by a notice under that sub-section to dispose of otherwise than to an associate of the offender is—

(a) subject to paragraph (b), the number of shares held by the person that would need to be so disposed of in order to cause the

s. 56

S. 56(1)(c) substituted by No. 44/2001 s. 3(Sch. item 53.14).

S. 56(1)(d) substituted by No. 44/2001 s. 3(Sch. item 53.14).

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Act No. 37/1994

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offender to cease to have a prohibited shareholding interest in the licensee; or

(b) if, after all the shares in the licensee held by the person to which the offender is entitled were so disposed of, the offender would continue to have a prohibited shareholding interest in the licensee—the total number of those shares.

(3) For the purposes of this section, a person is not to be taken to have disposed of shares in the licensee in which an offender has a relevant interest unless and until the person ceases to hold the shares and the offender ceases to have a relevant interest in them.

(4) If a person served with a notice of a declaration under sub-section (1) requiring the person to dispose of shares in the licensee fails to comply with the notice within the period specified in the notice, the shares to which the notice relates are, by force of this sub-section, forfeited to the State.

(5) If a transaction is entered into with respect to any shares in the licensee and—

(a) a person who did not, before the transaction is entered into, have a prohibited shareholding interest in the licensee would, but for this sub-section, have such an interest after the transaction; or

(b) a person who, before the transaction is entered into, had a prohibited shareholding interest in the licensee would, after the transaction (but for this sub-section) have a relevant interest in a greater number of voting shares in the licensee than the person had immediately before the transaction—

the transaction is illegal and void.


s. 56

S. 56(5)(b) substituted by No. 44/2001 s. 3(Sch. item 53.16).

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(6) If voting shares in the licensee have been transferred as a result of a transaction that is illegal and void by virtue of sub-section (5), the Minister may, by notice in writing served on the transferee, declare that the shares are forfeited to the State.

(7) The Minister must cause written notice of—

(a) a declaration under sub-section (1) requiring a person to dispose of shares in the licensee; or

(b) a declaration under sub-section (6) that shares in the licensee are forfeited to the State—

to be served on the licensee.

(8) A director or secretary of the licensee may, before a transfer of shares in the licensee is registered, require the transferee, or, if the transferee is a corporation, 2 directors of the transferee corporation, to make a statutory declaration to the effect that the transaction to which the transfer relates was not a transaction to which sub-section (5) applies.

(9) If a requirement under sub-section (8) is not complied with, the licensee may refuse to register the transfer in relation to which the requirement was made.

57. Voting rights in respect of certain shares

(1) This section applies to all voting shares in the licensee in which any person who has a prohibited shareholding interest in the licensee has a relevant interest.

(2) The aggregate voting rights to be attached to the shares to which this section applies are, in lieu of the voting rights that would, but for this sub-section, be so attached, the voting rights (in this

s. 57


S. 57(2) amended by No. 38/2002 s. 20(2)(b).

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Act No. 37/1994

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section referred to as "the relevant voting rights") that would be so attached—

* * * * *

(b) where section 53(1)(a) applies, if those shares constituted 10% of the total number of voting shares in the licensee.

* * * * *

(3) Each person who holds any of the shares to which this section applies is entitled to such proportion of the relevant voting rights (if any) as the number of those shares held by the person bears to the total number of those shares.

(4) If written notice is served on the licensee of a declaration of the Minister under this Part—

(a) that a person is an associate of another; or

(b) that a person has a prohibited shareholding interest in shares in the licensee—

the declaration is binding and has effect for the purposes of the application of this section in relation to any general meeting of the licensee held after receipt by the licensee of the notice.

58. Annulment of certain resolutions of the licensee

(1) If the Minister is of the opinion that a resolution of a general meeting of the licensee has been passed as a result of the admission of votes that should not, by virtue of a declaration of the Minister under section 55(3) or by virtue of

S. 57(2)(a) repealed by No. 90/1997 s. 37(a).

S. 57(2)(b) amended by Nos 90/1997 s. 37(b), 38/2002 s. 20(2)(a).

S. 57(2)(c)(d) repealed by No. 90/1997 s. 37(a).

s. 58

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Act No. 37/1994

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section 57, have been admitted, the Minister may, by notice in writing served on the licensee, declare the resolution to have been (at all times) null and void.

(2) If notice of a declaration under sub-section (1) is served on the licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served on each person whose votes should not, in the opinion of the Minister, have been admitted.

(3) A notice under sub-section (1) does not have any effect unless it is served on the licensee within one month after the date of the resolution to which it relates.

59. Making, review and revocation of declarations by

Minister

(1) A declaration may be made by the Minister under this Part on the basis of such information as the Minister considers sufficient in the circumstances.

(2) A declaration of the Minister under this Part other than—

(a) a declaration under section 56(1) requiring a person to dispose of shares in the licensee; or

(b) a declaration under section 56(6) that shares in the licensee are forfeited to the State—

is effective when written notice of the declaration is served on the licensee irrespective of when or whether service is effected on any other person as provided by this Part.

s. 59

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(3) If the Minister makes a declaration under this Part—

(a) the licensee; or

(b) any other person on whom notice of the declaration has been served in pursuance of this Part—

may apply to the Minister for a review of the declaration.

(4) On an application under this section for review of a declaration, the Minister—

(a) must allow the applicant and, where the applicant is not the licensee, the licensee, a reasonable opportunity to make submissions in relation to the application; and

(b) may, after giving due consideration to any such submissions—

(i) confirm the declaration; or

(ii) revoke or vary the declaration either conditionally or unconditionally and with effect from the date of the declaration or some other date determined by the Minister.

(5) Notwithstanding that an application is made under this section for review of a declaration of the Minister under this Part, the declaration continues to have effect pending determination of the application except as otherwise determined by the Minister.

(6) The Minister may, of his or her own motion, by notice in writing served on the person on whom notice of the declaration was served, revoke or vary a declaration of the Minister under this Part with effect from the date of the declaration or some other date determined by the Minister.

s. 59

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Act No. 37/1994

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60. Appeal against declarations of Minister

(1) The licensee or any other person on whom notice of a declaration of the Minister is served under this Part may appeal to the Supreme Court against the declaration.

(2) An appeal does not lie against a declaration under section 58 annulling a resolution of the licensee.

(3) An appeal under this section must be instituted within 21 days after notice of the declaration under appeal is served on the appellant and that period of limitation may not be extended.

(4) Where an appeal is instituted by a person other than the licensee, the licensee is to be a respondent in addition to the Minister.

(5) The Supreme Court may, on an appeal under this section, if satisfied that proper grounds for making the declaration did not exist, quash or vary the declaration, either conditionally or unconditionally and with effect from the date of the declaration or some other date, as the Court thinks fit, and make any consequential or ancillary orders that may be just.

(6) Notwithstanding an appeal under this section, a declaration other than—

(a) a declaration under section 56(1) requiring a person to dispose of shares in the licensee; or

(b) a declaration under section 56(6) that shares in the licensee are forfeited to the State—

continues to have effect pending determination of the appeal.

(7) Except as provided in this Part, a declaration of the Minister under this Part may not be challenged or called into question.

s. 60

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61. Sale of forfeited shares

(1) The Authority is to sell any shares forfeited to the State under this Act.

(2) For the purposes of any such sale, the Authority is not bound by any restriction on the sale of shares contained in the memorandum or articles of association of the licensee.

(3) Any money realised from the sale of forfeited shares under this section must, after deduction of the reasonable costs of the forfeiture and sale—

(a) if the shares were transferred as a result of a transaction that was illegal and void by virtue of section 56(5) and the transferor has not received the full consideration agreed upon with the transferee—be applied in payment to the transferor of the amount or value of the consideration not received by the transferor and in payment of the balance (if any) to the transferee; or

(b) in any other case—be paid to the person from whom the shares were forfeited.

62. Immunity of Minister, Authority and licensee and

its officers and auditors

No liability attaches to the Minister, the Authority or the licensee or any officer or auditor of the licensee for any act or omission in good faith and in the exercise or discharge, or purported exercise or discharge, of a power or duty under this Part.

63. Service

A notice required or authorised by this Part to be served on a person may—

(a) in the case of a natural person—

(i) be served personally on the person; or

s. 61

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Act No. 37/1994

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(ii) be sent by post to the person at his or her last known place of residence, business or employment; or

(b) in the case of a company or other body—be left at, or sent by post to, its registered office or a place of business of the company or body whether within the State or elsewhere.

_______________

s. 63

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Part 5—Approved Betting Competitions


Act No. 37/1994

67

PART 5—APPROVED BETTING COMPETITIONS

64. Approval of betting competitions

(1) Subject to this Part, the Minister may, by instrument, approve a betting competition on a particular event or contingency or class of events or contingencies, as an approved betting competition for the purposes of this Act, subject to such conditions as the Minister determines.

(2) The approval of a betting competition under this section must specify whether it is a competition with fixed odds or whether it is a competition conducted on a totalisator.

(3) The Minister must not under this section approve a betting competition—

(a) that is conducted on a totalisator on a wagering event; or

(b) that is played on a gaming machine; or

(c) that is a club keno game; or

(d) that, in the opinion of the Minister, is offensive or contrary to the public interest; or

(e) that is an interactive game within the meaning of the Interactive Gaming (Player

Protection) Act 1999.

65. Events and contingencies

A betting competition may be approved in respect of—

(a) any event or contingency of or relating to a horse race, harness race, or greyhound race;

(b) any other race, fight, game, sport or exercise;

(c) any other event or contingency of any kind.

s. 64

S. 64(3)(d) amended by No. 41/1999 s. 73(1).

S. 64(3)(e) inserted by No. 41/1999 s. 73(1).

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Part 5—Approved Betting Competitions


Act No. 37/1994

68

66. Notice of approved betting competitions

Notice of the approval under this Part of a betting competition that may be conducted by the licensee or an operator must be published in the Government Gazette as soon as practicable after the approval is given but a failure to publish the notice does not affect the validity of the approval.

67. Conditions of approval

(1) The approval of a betting competition is subject to such conditions (if any) as are specified in the instrument of approval as varied and in force for the time being.

(2) The Minister, after consultation with the Authority, may by instrument, vary or revoke any conditions to which the approval of a betting competition is subject and may, for any reasonable cause stated in writing by the Minister, withdraw the approval.

_______________

s. 66

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Part 6—Wagering and Betting


Act No. 37/1994

69

PART 6—WAGERING AND BETTING


68. Lotteries Gaming and Betting Act 1966

(1) Despite anything to the contrary in the Lotteries

Gaming and Betting Act 1966 or any other law, the conduct of wagering and approved betting competitions is lawful when conducted in accordance with a licence or permit granted under this Act.

(2) The conduct of wagering and approved betting competitions in accordance with this Act and the wagering licence or a permit is not a public or private nuisance and any place in which such wagering or approved betting competition is conducted is not a common gaming house or place for the purpose of the Lotteries Gaming and

Betting Act 1966.

(3) Despite anything to the contrary in the Lotteries

Gaming and Betting Act 1966, the licensee or an operator or the holder of a permit may broadcast, display and publish information related to races and race meetings and betting odds on any race or combination of races.

(4) Sections 40 and 41 of the Lotteries Gaming and

Betting Act 1966 do not apply to an approved betting competition conducted in accordance with a licence granted under this Act.

69. Use of totalisator lawful

(1) Despite anything to the contrary in any other Act, the use of a totalisator as provided by this Act is lawful.

s. 68

S. 68(4) amended by No. 15/1997 s. 6.

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(2) A person who uses or conducts a totalisator as provided by this Act, the regulations and the betting rules is not guilty of an offence at common law or under any Act by reason of so using or conducting a totalisator.

(3) Subject to this Act, the mere fact of persons wagering or betting by means of a totalisator—

(a) does not constitute the wagering or betting an offence at common law or under an Act;

(b) is not a ground for any place being taken to be a common gaming house or to be a common nuisance.

70. Approval of totalisator equipment

(1) The licensee or an operator or the holder of a permit must not use, or cause or permit to be used—

(a) any instrument or contrivance; or

(b) any computer hardware or software; or

(c) any other equipment—

in connection with a totalisator or approved betting competition unless the instrument, contrivance, hardware, software or equipment has been approved by the Authority.

(2) The licensee or an operator or the holder of a permit must not make, or cause or permit to be made, any change in any instrument, contrivance, hardware, software or other equipment approved by the Authority under sub-section (1) or deemed to have been approved under sub-section (5) unless the change has been approved by the Authority.

s. 70

S. 70(1) amended by No. 44/1995 s. 24(1)(a).

S. 70(2) amended by No. 44/1995 s. 24(1)(b).

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(2A) In approving an instrument, contrivance, hardware, software or equipment under this section, the Authority may take into account the certificate of a person listed on the Roll of Suppliers under the Gaming Machine Control

Act 1991, being a person referred to in section 63(1A) of that Act.

(3) The Authority may make an approval under this section subject to such conditions as it thinks fit.

(4) The Authority may, for just and reasonable cause, withdraw an authority given or deemed to have been given under this section by instrument in writing given to the licensee or operator or the holder of a permit, as the case requires.

(5) Any instrument or contrivance or any computer hardware or software or any other equipment used in connection with an approved betting competition before the commencement of section 24 of the Gaming Acts (Amendment)

Act 1995 is deemed to have been approved by the Authority on that commencement.

Division 2—Betting rules

71. Totalisator etc. not to be conducted without rules

(1) The licensee or an operator must not conduct a totalisator or hold an approved betting competition unless there are in force betting rules under this section applying to that totalisator or competition, or to totalisators or competitions of that type.

(2) The holder of a permit must not conduct a totalisator unless there are in force betting rules under this section applying to that totalisator or to totalisators of that type.

S. 70(2A) inserted by No. 38/2002 s. 21.

S. 70(4) amended by No. 44/1995 s. 24(1)(c).

S. 70(5) inserted by No. 44/1995 s. 24(2).

s. 71

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Act No. 37/1994

72

72. Licensee to make betting rules

(1) Subject to this Act, the regulations and any condition of the wagering licence, the licensee must make betting rules in relation to—

(a) totalisators for wagering; and

(b) totalisators for approved betting competitions; and

(c) betting in approved betting competitions at fixed odds; and

(d) such other matters as are necessary for the proper carrying on of a business of wagering and a business of conducting approved betting competitions.

(2) Rules under sub-section (1) may, without limiting sub-section (1)(d), include provisions relating to—

(a) placing of bets, including minimum bets;

(b) odds;

(c) dividends or prizes, including minimum dividends or prizes, calculation of dividends or prizes, payment of dividends or prizes and unclaimed dividends or prizes;

(d) refunds;

(e) betting accounts;

(f) jackpots;

(g) determination of disputes;

(h) display of information.

s. 72

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Act No. 37/1994

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(3) Rules under sub-section (1) must specify the day on which they are made and the day on which they come into operation, being a day at least 4 weeks after the day on which they are made or such earlier day (not being earlier than the day of making) approved in writing by the Authority.

(4) The betting rules may confer a discretionary authority or impose a duty on a specified person or class of persons.

(5) The licensee must comply with the prescribed requirements relating to the making of betting rules.

(6) The licensee must give a copy of rules made under this section to the Authority forthwith after they are made.

(7) The Authority may at any time, by notice in writing given to the licensee, disallow a betting rule as from a day specified in the notice, being not earlier than 3 days after the notice is given to the licensee, if the Authority is satisfied that the rule is unfair to investors, unreasonable or contrary to the public interest.

(8) If, before a betting rule is made, the Authority consents in writing to the making of the rule in a specified form, the Authority must not disallow the rule within the period of 6 months after it is made.

(9) The betting rules, as in force when the bet is made, form part of the contract between the licensee or an operator and the investor.

_______________

s. 72

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Part 7—Commissions, Dividends, Taxes


Act No. 37/1994

74

PART 7—COMMISSIONS, DIVIDENDS, TAXES

Division 1—Wagering

73. Commissions

(1) Subject to sub-section (2), the licensee may deduct, or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by the licensee or an operator on a wagering event or wagering events an amount not exceeding 25% of the amount so invested.

(2) The licensee must not, under sub-section (1), deduct, or cause to be deducted, in respect of a financial year an amount exceeding 16% of the total amount invested during that financial year in totalisators, other than exempt totalisators, conducted by the licensee or an operator on wagering events.

74. Wagering tax

(1) The licensee must pay to the Treasurer a tax equal

to 19⋅11% of—

(a) the total amount deducted under section 73(1) less any amount referred to in sub-section (1A) in respect of each day on which the licensee or an operator conducts a totalisator, other than an exempt totalisator, on a wagering event or wagering events; and

(b) fractions relating to dividends in respect of that amount retained under section 75(3).

s. 73

S. 73(1) amended by No. 88/2000 s. 30.

S. 74(1) amended by No. 6/2000 s. 29(3).

S. 74(1)(a) amended by No. 15/1997 s. 7(1).

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Act No. 37/1994

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(1A) If the calculated dividend on an amount invested in a totalisator is less than the minimum dividend payable under the betting rules or the regulations, the difference between the minimum dividend and the calculated dividend is not to be included in the total amount referred to in sub-section (1)(a).

(2) The tax payable under sub-section (1) is payable within 14 days after the day to which the tax applies.

(3) If the licensee does not pay an amount of tax payable under this section within the period within which it is so payable, the licensee is liable to pay interest at the rate of 20% per annum on that amount from the date on which the payment was due until the payment.




Provisions) Act 2000 applies to amounts deducted and fractions retained in respect of 1 July 2000 and any subsequent day.

75. Dividends

(1) The licensee or an operator, after deduction of the licensee's commissions under section 73(1), must pay by way of dividends all money invested in totalisators conducted by the licensee or an operator on a wagering event or wagering events.

(2) If no person nominates the winning combination in a totalisator conducted by the licensee or an operator, the licensee or operator may, unless otherwise directed by the Authority, transfer the money that would have been payable as dividends in that totalisator to be added to the money to form part of the money available for dividends in

S. 74(1A) inserted by No. 15/1997 s. 7(2).

S. 74(5) inserted by No. 6/2000 s. 29(4).

s. 75

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Act No. 37/1994

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respect of a subsequent totalisator conducted by the licensee or an operator.

(3) If, but for this sub-section, a dividend would include a fraction of 10 cents—

(a) if the fraction is less than 5 cents, the licensee or operator is not required to include the fraction in the dividend; and

(b) if the fraction is 5 cents or more, the licensee or operator is required to include 5 cents in the dividend.

Division 2—Approved betting competitions

76. Commissions—totalisators

The licensee may deduct or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by the licensee or an operator on an approved betting competition an amount not exceeding 25% of the amount so invested.

77. Tax

(1) The licensee must, in respect of such periods as the Authority determines, pay to the Treasurer a

tax equal to 10⋅91% of the net investment, being the total amount invested, less the total amount paid out as winnings, in approved betting competitions at fixed odds conducted by the licensee or an operator during each such period.

(2) The licensee must pay to the Treasurer a tax equal

to 19⋅11% of the sum of—

(a) the amount deducted under section 76 less any amount referred to in sub-section (2A) in respect of each totalisator conducted by the

S. 76 amended by No. 88/2000 s. 30.

s. 76

S. 77(1) amended by No. 6/2000 s. 29(5)(a).

S. 77(2) amended by No. 6/2000 s. 29(5)(b).

S. 77(2)(a) amended by No. 15/1997 s. 7(3).

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Act No. 37/1994

77

licensee or an operator on an approved betting competition; and

(b) fractions relating to dividends in respect of that amount retained under section 78(3).

(2A) If the calculated dividend on an amount invested in a totalisator is less than the minimum dividend payable under the betting rules or the regulations, the difference between the minimum dividend and the calculated dividend is not to be included in the total amount referred to in sub-section (2)(a).

(3) Amounts payable under sub-sections (1) and (2) are payable within 14 days after the approved betting competition to which the tax applies is conducted.

(4) If the licensee does not pay an amount of tax payable under this section within the period within which it is so payable, the licensee is liable to pay interest at the rate of 20% per annum on that amount from the date on which the payment was due until payment.




Provisions) Act 2000 applies in respect of a period commencing on or after 1 July 2000.

78. Dividends

(1) The licensee or an operator, after the deduction of the licensee's commissions under section 76, must pay by way of dividends all money invested in a totalisator conducted by the licensee or an operator on an approved betting competition.

S. 77(2A) inserted by No. 15/1997 s. 7(4).

S. 77(6) inserted by No. 6/2000 s. 29(6).

s. 78

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(2) If no person nominates the winning combination in a totalisator conducted by the licensee or an operator on an approved betting competition, the licensee or operator may, unless otherwise directed by the Authority, transfer the money that would have been payable as dividends in that totalisator to be added to the money to form part of the money available for dividends in respect of a subsequent totalisator conducted by the licensee or an operator on an approved betting competition.

(3) If, but for this section, a dividend would include a fraction of 10 cents—

(a) if the fraction is less than 5 cents, the licensee or operator is not required to include the fraction in the dividend; and

(b) if the fraction is 5 cents or more, the licensee or operator is required to include 5 cents in the dividend.

Division 3—Supervision charge

79. Licensee to pay charge

(1) The licensee must pay to the Treasurer a supervision charge in such instalments in respect of such periods in each financial year as the Treasurer determines from time to time.

(2) The supervision charge is such amount in respect of each financial year as the Treasurer, after consultation with the Minister determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Authority in carrying out its functions and powers under this Act.

(3) The supervision charge is a tax.

s. 79

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Act No. 37/1994

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80. Hospitals and Charities Fund

In respect of each financial year, an amount equal to the sum of the amounts paid to the Treasurer under sections 74 and 77 in respect of that year must be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) into the Hospitals and Charities Fund under the Health Services Act 1988.

81. Unclaimed refunds, dividends and prizes

(1) On or before the last day of each month (the "payment month"), the licensee must pay to the Treasurer an amount equal to the sum of all refunds, dividends and prizes that have remained unclaimed for—

(a) in the case of a payment month before June 2004—not less than 12 months on the first day of that payment month;

(b) in the case of the payment month of June 2004 and each subsequent payment month—not less than 6 months on the first day of that payment month—

less the expenses of the licensee or an operator reasonably incurred in searching for the persons entitled to those refunds, dividends or prizes.

(2) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under sub-section (1), the Treasurer, upon being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose.

_______________

s. 80

S. 81(1) substituted by No. 114/2003 s. 12.1.4(2)

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Part 8—Victorian Casino and Gaming Authority


Act No. 37/1994

80

PART 8—VICTORIAN CASINO AND GAMING AUTHORITY

82. Establishment

(1) There is established an Authority by the name of the Victorian Casino and Gaming Authority.


(a) is a body corporate with perpetual succession;

(b) has an official seal;

(c) may sue and be sued;

(d) may acquire, hold and dispose of real and personal property;

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) The official seal of the Authority must be kept in such custody as the Authority directs and must not be used except as authorised by the Authority.

(4) All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

83. The Crown

The Authority is a public authority which represents the Crown.

84. Objects, functions, powers and duties

The Authority has the functions, powers, objects and duties conferred on it under this Act, the Casino Control Act 1991, the Casino

(Management Agreement) Act 1993, the Gaming Machine Control Act 1991, the Club

Keno Act 1993, the Lotteries Gaming and

Betting Act 1966, the Gaming No. 2 Act

1997, the Interactive Gaming (Player

s. 82

S. 84 amended by Nos 16/1997 s. 113(a), 38/2002 s. 22.

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Act No. 37/1994

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Protection) Act 1999, the Public Lotteries Act

2000 or any other Act.

85. Members of the Authority

(1) The Authority shall consist of a chairperson, a deputy chairperson and not more than 8 other members, one of whom shall be a member of the police force nominated by the Chief Commissioner of Police.

(2) The chairperson, deputy chairperson and other members shall be appointed by the Governor in Council on the recommendation of the Minister.

(3) The Minister must not recommend a person for appointment as a member of the Authority unless satisfied that the person has appropriate knowledge, experience and expertise to act as a member.

(4) A person is not eligible to be appointed as a member if he or she has been employed by or significantly associated with the licensee, a casino operator, venue operator, gaming operator or listed on the Roll within the meaning of the Gaming Machine Control Act 1991 at any time within the preceding 4 years.

(5) A member may be appointed on a full-time or part-time basis.

(6) The Public Sector Management and

Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.

86. Remuneration

A member of the Authority is entitled to the remuneration that is specified in the member's instrument of appointment.

s. 85

S. 85(1) amended by No. 44/1995 s. 25.

S. 85(3) amended by No. 16/1997 s. 113(b).

S. 85(6) amended by No. 46/1998 s. 7(Sch. 1).

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Act No. 37/1994

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87. Term of office

Subject to this Act, a member holds office for the period, not exceeding 3 years, that is specified in the member's instrument of appointment but is eligible for re-appointment if otherwise qualified.

88. Acting appointments

(1) The Governor in Council may on the recommendation of the Minister appoint a person, who is qualified to be appointed chairperson, to act as chairperson during any period or all periods when the chairperson is absent from duty or the office is vacant.

(2) While so acting, that member has all the powers and may perform all the functions and duties conferred by this Act or any other Act on the chairperson.

(3) The Minister may appoint a person to act as a member during any period or all periods when a member (other than the chairperson) is absent from duty.

(4) While so acting, the person has all the powers and may perform all the functions and duties conferred by this Act or any other Act on the member.

(5) An appointment under sub-section (3) is on the terms and conditions determined by the Minister.

(6) The Minister may at any time terminate an appointment under sub-section (3).

(7) In the case of an appointment under sub-section (3), if the member ceases to hold office without resuming duty, the appointment of the acting member continues until—

(a) the appointment is terminated by the Minister; or

s. 87

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Act No. 37/1994

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(b) the expiration of 12 months after the date on which the member ceased to hold office—

whichever first occurs.

89. Vacancies, resignations

(1) A member ceases to be a member if he or she—

(a) without leave first granted by the Authority, fails to attend 3 consecutive meetings of which reasonable notice has been given to the member personally or by post; or

(b) becomes bankrupt; or

(c) is convicted in Victoria of an offence punishable by imprisonment for 12 months or more or is convicted of an offence which, if committed in Victoria, would be an offence so punishable.

(2) A member may resign by notice in writing delivered to the Minister.

90. Disclosure of interests

(1) A member who has a pecuniary interest in a matter being considered or about to be considered by the Authority must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting.

(2) A person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting.

(3) After a declaration is made by a member—

(a) unless the Authority otherwise determines, the member must not be present during any deliberation in relation to the matter; and

s. 89

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Act No. 37/1994

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(b) the member is not entitled to vote on the matter; and

(c) if the member does vote on the matter, the vote must be disallowed.

91. Chairperson to preside

The chairperson or, in his or her absence, the deputy chairperson, or, in the absence of the chairperson and the deputy chairperson, a member appointed by the Authority, shall preside at a meeting of the Authority.

92. Proceedings of the Authority

(1) A majority of the members for the time being constitutes a quorum of the Authority.

(2) Subject to this section, a question arising at a meeting shall be determined by a majority of votes of members present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote.

(3) A question concerning the grant of a licence or permit under this Act or a licence under the Casino Control Act 1991 or a venue operator's licence under the Gaming Machine Control Act

1991 or an operator's licence under the Gaming

No. 2 Act 1997 shall be determined only if the chairperson or acting chairperson is present and an absolute majority of the total number of members for the time being vote in favour of the grant.

(4) A question concerning an application to the Supreme Court, disciplinary action or an appeal to the Authority under this Act, the Casino Control

Act 1991, the Gaming Machine Control Act

1991 or the Gaming No. 2 Act 1997 must not be determined unless the chairperson or acting chairperson is present.

s. 91

S. 92(3) amended by No. 16/1997 s. 113(c).

S. 92(4) amended by No. 16/1997 s. 113(d).

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(5) Subject to this Act, the Authority may regulate its own proceedings.

(6) A meeting for the purposes of making a finding or a determination relating to an application under this Act may be conducted in public unless the Authority determines that there are special circumstances requiring that the meeting or part of the meeting should be held in private.

(7) The Authority may direct that a meeting or part of a meeting be held in private if it considers—

(a) it necessary to do so to prevent the unreasonable divulgence of information relating to the personal affairs of any person including a deceased person; or

(b) it is otherwise in the interests of justice or the public interest to do so.

92A. Delegation by the Authority

(1) Subject to section 92, the Authority may, by instrument, delegate to a member of the Authority or the Director or an officer of the Authority any power or function of the Authority under section 70.

(2) The Authority may, by instrument in writing, delegate to the Director its powers and functions under section 127A.

93. Validity of decisions

An act or decision of the Authority is not invalid merely because of—

(a) a defect or irregularity in, or in connection with, the appointment of a member; or

(b) a vacancy in the membership of the Authority, including a vacancy arising from the failure to appoint an original member.

S. 92(6) inserted by No. 88/2000 s. 33.

S. 92(7) inserted by No. 88/2000 s. 33.

S. 92A inserted by No. 98/1994 s. 6, amended by Nos 44/1995 s. 26, 15/1997 s. 4(2), 88/2000 s. 34 (ILA s. 39B(1)).

s. 92A

S. 92A(2) inserted by No. 88/2000 s. 34.

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Act No. 37/1994

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93A. Authority to give written statement after public

meeting or on request

(1) The Authority must publish a written statement of its decision and the reasons for a decision made in relation to a meeting held in public within 14 days after the decision.

(2) The Authority must give a written statement of reasons for a decision to a person who requested it in accordance with section 93B within 28 days after receiving the request.

(3) A statement under this section must set out—

(a) the reasons for the decision; and

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

(4) A statement need not be given to a person under sub-section (2) if the Authority has already given a written statement containing the matters referred to in sub-section (3) to the person (whether as part of the decision or separately).

(5) A statement of reasons to be given to a person referred to in sub-section (2) who was not an applicant or an associate of an applicant must not include any information or matter about a person who was, or was referred to in an application as, an associate except as to the actual decision.

(6) If a statement of reasons would be substantially incomplete or misleading if it did not include information or matter referred to in sub-section (5), the Authority must inform the person who requested the statement of that fact and must not give the statement to the person.

S. 93A inserted by No. 88/2000 s. 35.

s. 93A

S. 93A(6) amended by No. 38/2002 s. 23.

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Act No. 37/1994

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93B. Request for statement of reasons for decision

(1) A person whose interests are affected by a decision of the Authority may request the Authority to give the person a written statement of reasons for the decision.

(2) A request under sub-section (1) must be made in writing within 28 days after the day on which the decision was made.

94. Funds of Authority

An amount determined annually by the Treasurer after consultation with the Minister must be paid from the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) to the Authority for the costs and expenses of the Authority or the Director in carrying out functions and powers under this or any other Act.

95. Annual report

In its report of operations for a financial year under Part 7 of the Financial Management Act

1994, the Authority must include the name of any person or body with which it has entered a memorandum of understanding during the financial year or a previous financial year under any of the following—

(a) section 127A;

(b) section 151A of the Casino Control Act

1991;

(c) section 140 of the Gaming Machine

Control Act 1991;

(d) section 104A of the Gaming No. 2 Act

1997;

(e) section 69A of the Interactive Gaming

(Player Protection) Act 1999;

(f) section 83 of the Public Lotteries Act 2000.

S. 93B inserted by No. 88/2000 s. 35.

s. 93B

S. 95 repealed by No. 15/1997 s. 4(1), new s. 95 inserted by No. 38/2002 s. 24.

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Act No. 37/1994

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96. Staff

Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the

Public Sector Management and Employment

Act 1998.

_______________

S. 96 substituted by No. 46/1998 s. 7(Sch. 1).

s. 96

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Part 9—Director of Gaming and Betting


Act No. 37/1994

89

PART 9—DIRECTOR OF GAMING AND BETTING

97. Director

(1) There shall be a Director of Gaming and Betting who shall be appointed by the Governor in Council.

(2) A person is not eligible to be appointed Director if, at any time during the preceding 4 years, the person has been employed by or significantly associated with, a licensee, an operator, or with a casino operator, a venue operator, a gaming operator or a manufacturer or supplier listed on the Roll within the meaning of the Casino

Control Act 1991 or the Gaming Machine

Control Act 1991 or with an operator of a bingo centre within the meaning of the Gaming No. 2

Act 1997.

(3) The Director holds office for such period, not exceeding 3 years, as is specified in the Director's instrument of appointment but is eligible for re-appointment if otherwise qualified.

* * * * *

(6) Subject to this Part, the Director holds office on such terms and conditions as are determined by the Governor in Council.

(7) The Public Sector Management and

Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to the Director in respect of the office of Director.

s. 97

S. 97(2) amended by No. 16/1997 s. 113(e).

S. 97(4)(5) repealed by No. 42/1995 s. 224(Sch. 2 item 18).


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Act No. 37/1994

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98. Remuneration and allowances

The Director must be paid the remuneration and allowances that are determined by the Governor in Council.

99. Resignation

The Director may resign office by notice in writing signed by the Director and delivered to the Governor in Council.

100. Acting appointment

(1) The Minister may appoint a person to act as Director during any period, or during all periods, when the Director is absent from duty or during a vacancy in the office of Director.

(2) If a person has been appointed under this section to act as Director during the absence from duty of the Director and the Director ceases to hold office without having resumed duty, the period of appointment of the person so appointed is deemed to continue, subject to this Part, until—

(a) the person resigns the appointment; or

(b) the appointment is terminated by the Minister; or

(c) a period of 12 months elapses from the day on which the absent Director ceases to hold office—

whichever first happens.

(3) A person acting as Director shall act in that capacity on such terms and conditions as the Minister determines.

(4) A person acting as Director may resign the acting appointment by notice in writing signed by the person and delivered to the Minister.

s. 98

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(5) A person acting as Director has and may exercise all the powers and shall perform all the functions and duties conferred or imposed by this Act on the Director and, for the purpose of the exercise of those powers or the performance of those functions and duties, this Act has effect as if a reference to the Director included a reference to a person acting as the Director.

(6) Any act done by a person acting as or purporting to be appointed as Director shall not be called in question in any proceeding on the ground that the occasion for the person to act or the appointment of the person had not arisen or the occasion for the appointment had passed or the appointment had ceased to have effect.

101. Delegation

The Director may, either generally or as otherwise provided by the instrument of delegation by writing signed by the Director delegate to a member or officer of the Authority, an inspector, an authorised person or a member of the staff of the Director or to the Director of Casino Surveillance all or any of the powers of the Director under this Act or any other Act, other than this power of delegation.

102. Functions of Director

(1) The Director has the functions conferred on the Director under this Act, the Gaming Machine

Control Act 1991, the Gaming No. 2 Act 1997 or any other Act.

(2) The following are the functions of the Director under this Act—

(a) to investigate compliance with this Act, the regulations, the betting rules and the licences and permits;

s. 101

S. 102(1) amended by No. 16/1997 s. 113(f).

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(b) to ensure that the conduct of wagering and approved betting competitions is supervised;

(c) to detect offences committed in or in relation to wagering and approved betting competitions;

(d) to receive and investigate complaints from wagering and approved betting competition patrons concerning the conduct of wagering and approved betting competitions;

(e) to investigate the suitability of applicants for the licences and permits;

(f) to investigate the suitability of a wholly owned subsidiary of the licensee to be appointed as an operator;

(g) to investigate the suitability of a proposed manager of an applicant for a permit;

(h) to report generally to and assist the Authority regarding the operation of this Act;

(i) such other functions as are conferred on the Director by this Act.

103. Director to undertake other investigations

(1) The Director must, at the request of the licensee or the operator, investigate the suitability of a person to be a director of the licensee or the operator.

(2) The Director must, at the request of the licensee or the operator, investigate the suitability of a person to be concerned in or associated with, the management of the wagering business or gaming business carried on by the licensee or the operator.

(3) If the licensee, or the operator or another wholly owned subsidiary of the licensee, and VicRacing are constituted as an unincorporated joint venture for purposes associated with the carrying on of a wagering and gaming business, the Director must,

s. 103

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Act No. 37/1994

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at the request of VicRacing, investigate the suitability of a person nominated by VicRacing to be a director of VicRacing or to be concerned in or associated with the management of the joint venture.

_______________

s. 103

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Part 10—Inspectors


Act No. 37/1994

94

PART 10—INSPECTORS


104. Appointment or employment

(1) The Director may appoint or employ inspectors for the purposes of this Act, the Gaming Machine

Control Act 1991, the Club Keno Act 1993,

Interactive Gaming (Player Protection) Act

1999 and the Gaming No. 2 Act 1997.

(2) The Director must not appoint or employ a person under sub-section (1) unless the Director is satisfied after due inquiry that the person is of good reputation, having regard to character, honesty and integrity.

(3) The Director may require a person the Director is inquiring into in relation to the person's suitability to be appointed or employed an inspector to consent to having his or her photograph, finger prints and palm prints taken.

(4) The Director must refer a copy of any photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police.

(5) The Chief Commissioner of Police must inquire into and report to the Director on any matters that the Director requests.

(6) Unless the Director otherwise approves, a person is not eligible to be appointed or employed an inspector if, at any time during the preceding 4 years, the person has been employed by or significantly associated with the licensee, or a former licensee, or a permit holder, or a venue

s. 104

S. 104(1) amended by Nos 98/1994 s. 7(1), 16/1997 s. 113(g), 46/1998 s. 7(Sch. 1), 41/1999 s. 73(2).




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Act No. 37/1994

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operator or gaming operator or a casino operator or has been entitled to 2% or more of the voting shares in the licensee or a former licensee.

(7) Inspectors are appointed or employed under Part 3 of the Public Sector Management and

Employment Act 1998.

105. Director to be an inspector

The Director has and may exercise all the powers of an inspector under this Act, the Gaming

Machine Control Act 1991, the Casino Control

Act 1991, the Club Keno Act 1993 and the Gaming No. 2 Act 1997.

106. Identification of inspectors

(1) An inspector is not authorised to exercise the functions of an inspector unless he or she is in possession of an identification card issued by the Director.

(2) If a person proposing to exercise the functions of an inspector fails to produce on demand his or her identification card, the person is not authorised to exercise those functions in relation to the person making the demand.

Division 2—Functions and powers under this Act

107. Rights of inspector in certain premises

(1) An inspector or a member of the police force may at any time enter and remain on the premises of a licensee or operator or the holder of a permit for the purposes of doing any one or more of the following—

(a) observing any of the operations on such premises;


S. 105 amended by Nos 98/1994 s. 7(2), 16/1997 s. 113(h).

s. 105

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(b) ascertaining whether the operation of any such premises is being properly conducted, supervised and managed;

(c) ascertaining whether the provisions of this Act and the regulations are being complied with;

(d) in any other respect, exercising his or her functions under this Act.

(2) An inspector or a member of the police force who enters premises under sub-section (1) is not authorised to remain on the premises if, on the request of the licensee or operator or permit holder or an officer of the licensee or operator or permit holder, the inspector or member does not show his or her identity card to the licensee, operator or permit holder or officer.

108. Functions of inspectors

The functions of inspectors under this Act are as follows—

(a) to inspect premises used in connection with a wagering business or approved betting competitions;

(b) to examine any machinery or working of a totalisator but so as not to interfere with its working;

(c) to inspect other equipment used and records kept in premises of the licensee or operator or permit holder for the purpose of ascertaining whether or not the licensee or operator or permit holder is complying with the provisions of this Act and the regulations or the conditions of the wagering licence or permit;

s. 108

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Act No. 37/1994

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(d) to assist in any other manner, where necessary, in the detection of offences committed against this Act;

(e) to report to the Director as required;

(f) such other functions as are conferred on inspectors under this Act.

109. Powers of inspectors

(1) An inspector may do any one or more of the following—

(a) enter without charge any race-course at which a race meeting is being held;

(b) require any person in possession of, or having control of, any machinery or equipment relating to a totalisator or records to facilitate inspection of, or produce, the machinery or equipment relating to a totalisator or records for inspection and to answer questions or provide information relating to the machinery, equipment or records;

(c) take copies of, extracts from or notes relating to, any records;

(d) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any machinery or equipment relating to a totalisator or records;

(e) by notice in writing require—

(i) an officer of the licensee or operator or permit holder; or

(ii) an employee of the licensee or operator or permit holder; or

s. 109

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(iii) any other person associated with the operations or management of the licensee or operator or permit holder in premises the inspector is authorised to enter—

to attend before the inspector at a specified time or place and answer questions, or provide information, with respect to operations on the premises;

(f) call to his or her aid a member of the police force if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of his or her functions;

(g) any other thing authorised under this Act to be done by an inspector.

(2) If an inspector seizes any machinery, equipment or records under this section, the inspector may retain them until the completion of any proceedings (including proceedings on appeal) in which they may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within a reasonable time after the seizure, with a copy of the records certified by an inspector as a true copy.

(3) Sub-section (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that sub-section are instituted so orders.

(4) A copy of records provided under sub-section (2) is, as evidence, of equal validity to the records of which it is certified to be a copy.

(5) A person is not required by this section to answer a question that might incriminate the person.

s. 109

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(6) A member of the police force has the functions and powers of an inspector.

110. Search warrants

(1) An inspector, with the consent of the Director, or a member of the police force may apply to a magistrate for the issue of a search warrant if the inspector or member believes on reasonable grounds—

(a) that there are on any premises any machinery, equipment or records—

(i) in relation to which an offence has been, is being, or is likely to be, committed; or

(ii) that those articles may be evidence of an offence; or

(b) that there is or has been a contravention of this Act or the regulations on any premises other than the premises of the licensee or an operator or permit holder.

(2) A magistrate to whom such an application is made, if satisfied by evidence on oath or by affidavit that there are reasonable grounds for doing so, may issue in accordance with the Magistrates' Court Act 1989 a search warrant in the prescribed form authorising an inspector or member of the police force named in the warrant and any assistants to enter the premises, or part of premises, specified in the warrant, for the purpose of searching for and seizing any machinery, equipment or records referred to in sub-section (1).

(3) A search warrant issued under this section ceases to have effect at the expiration of one month after its issue.

s. 110

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Act No. 37/1994

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111. Offences relating to obstruction etc. of inspectors

(1) A person must not—

(a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector or a member of the police force when the inspector or member is exercising or attempting to exercise his or her functions under this Act; or

(b) fail to produce for inspection any machinery, equipment or records in the possession or under the control of the person when required so to do by an inspector or member of the police force in the exercise of his or her functions under this Act; or

(c) fail without reasonable excuse to attend before an inspector or member of the police force and answer questions or supply information when required so to do by the inspector or member in the exercise of his or her functions under this Act; or

(d) except with the permission of an inspector or member of the police force, take any machinery, equipment or records seized, impounded or retained under the authority of this Act; or

(e) when directed by an inspector or member of the police force, in the exercise of his or her functions under this Act, to cease to have available for use any machinery or equipment considered by the inspector or member to be unsatisfactory for use, fail to comply with the direction; or

s. 111

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(f) prevent, directly or indirectly, a person from attending before an inspector or member of the police force, producing to an inspector or member any machinery, equipment or records or answering any question of, or supplying any information to an inspector or member when that person is required to do so under this Act.


(2) If an inspector or a member of the police force requires a person at the premises of the licensee or an operator or permit holder to state his or her full name and residential address the person must not—

(a) fail to comply with the requirement; or

(b) in purported compliance with the requirement, state a name or address that is false.


(3) An inspector or a member of the police force is not authorised to require a person at premises referred to in sub-section (2) to state his or her full name or residential address unless the inspector or member—

(a) suspects on reasonable grounds that the person has committed an offence; and

(b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.

112. Former inspectors

Unless the Director otherwise approves, a person who ceases to be an inspector must not, at any time during the next 4 years, be employed by or significantly associated with the licensee or an operator or the holder of a permit, or with the

s. 112

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holder of a casino licence under the Casino

Control Act 1991 or with a gaming operator or venue operator within the meaning of the Gaming

Machine Control Act 1991.


_______________

s. 112

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PART 11—OFFENCES

113. Minors

(1) A person having the management or control of, or employed by or acting in any capacity for, the licensee or an operator or a permit holder must not accept a bet from, or give or send a ticket or acknowledgment in respect of a bet to, any person apparently under the age of 18 years.


(2) A minor must not—

(a) make a bet in a totalisator or approved betting competition; or

(b) buy a ticket in a totalisator or approved betting competition.


(3) The licensee or a permit holder must have a clearly printed copy of sub-section (2) prominently displayed at every place where bets are accepted by the licensee or an operator or a permit holder.


114. Offences relating to totalisators and approved

betting competitions

(1) A person (not being a person lawfully conducting or employed in the wagering business conducted by the licensee or an operator or a permit holder) must not—

(a) sell or offer for sale any ticket in a totalisator or approved betting competition; or

(b) make or offer to make any contract or bargain to pay or receive a sum of money calculated at a rate determined or to be

s. 113

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determined by the result of the operation of a totalisator on any event; or

(c) receive from any other person any money for the purpose of placing, investing or depositing it or any part of it in any totalisator for fee, commission, reward, share or interest of any kind whatever or upon any understanding or agreement whether expressed or implied for such fee, commission, reward, share or interest.

Penalty: 50 penalty units and an amount not exceeding the amount received by the person for investment in the totalisator or approved betting competition.

(2) Sub-section (1)(b) does not apply to a bookmaker or a bookmaker's clerk who—

(a) is registered under the Racing Act 1958; and

(b) is carrying on his or her business or is engaged in his or her employment (as the case may be) at a race meeting authorised under that Act; and

(c) complies with any conditions imposed by the Minister after consultation with Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria (as the case may be) and the Victorian Bookmakers' Association.

(3) A person must not purchase a ticket in a totalisator or approved betting competition from a person not authorised to sell it.


(4) A person having the management or control of or employed by or acting in any capacity for the licensee or an operator or a permit holder in the wagering or approved betting competition

S. 114(2) amended by No. 97/1998 s. 38.

s. 114

S. 114(2)(c) amended by Nos 16/2001 s. 35(2), 35/2001 s. 7(2).

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business conducted by the licensee or an operator or the permit holder must not—

(a) accept from any person any bet which is prohibited by or does not conform to this Act or the regulations or the betting rules; or

(b) receive or permit to be received any bet in a totalisator in respect of an event after the start of the event; or

(c) receive or permit to be received any bet in an approved betting competition after the start of the competition or such later times as is specified in the betting rules applicable to that competition; or

(d) accept or act on any request, instructions or directions relating to any bet on a totalisator transmitted by letter, telephone, facsimile machine or any electronic means of communication unless the person wanting to make the bet has established a betting account with the licensee or an operator in accordance with the betting rules and the balance of the account is sufficient to pay the amount of the bet and the bet is charged against that account.


(5) A person must not employ, or cause to be employed, another person to service, maintain or repair an instrument, contrivance, hardware, software or equipment referred to in section 70(1) unless the second-mentioned person holds a current technician's licence under the Gaming

Machine Control Act 1991.


s. 114

S. 114(5) inserted by No. 38/2002 s. 25.

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115. Tickets etc. purportedly issued by licensee

(1) A person who is not lawfully managing or controlling or being employed by the licensee or an operator or a permit holder or an agent of the licensee or operator or permit holder must not sell or offer to sell any ticket or acknowledgment purporting to be issued by the licensee or operator or permit holder in respect of a bet.


(2) A person must not purchase a ticket or acknowledgment purporting to be issued by the licensee or an operator or permit holder in respect of a bet from any person not authorised to sell it.


116. Offence related to payment of dividends or prizes

An officer, employee or agent of the licensee or an operator or permit holder must not make, authorise or permit the payment to any person of a dividend or prize which is not calculated in accordance with the betting rules or the regulations.


117. Inducements, cheating etc.

(1) A person must not dishonestly, by a scheme or practice, in relation to the conduct of wagering or approved betting competitions, induce—

(a) the licensee or an operator or a permit holder;

(b) an associate of the licensee or an operator or a permit holder; or

s. 115

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(c) a person acting on behalf of the licensee or an operator or a permit holder—

to deliver, give or credit to the person or another person, any money, tickets, benefit, advantage, valuable consideration or security.

(2) The licensee or an operator or permit holder or an associate of the licensee or operator or permit holder must not dishonestly, by a scheme or practice, in relation to the conduct of wagering or approved betting competitions, induce a person to deliver, give or credit to the licensee or operator or permit holder or another person, any money, tickets, benefit, advantage, valuable consideration or security.

Penalty: 1000 penalty units or imprisonment for 4 years or both.

118. Forgery etc.

A person must not—

(a) forge or counterfeit an inspector's form of identification; or

(b) knowingly utter an inspector's form of identification; or

(c) personate the holder of such a form of identification; or

(d) falsely represent himself or herself to be an inspector or a member of the Authority.

Penalty: 100 penalty units or imprisonment for 2 years or both.

119. Offence to extend credit etc.

The licensee or an operator or a permit holder or an agent or employee of the licensee or operator or permit holder must not—

s. 118

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(a) accept a bet made otherwise than by means of money or by debiting the amount of the bet from a betting account with a balance sufficient to cover the amount of the bet; or

(b) lend money or any valuable thing in connection with wagering or gaming; or

(c) accept a bet as part of a transaction involving a credit card; or

(d) extend any other form of credit.


120. Bribery

(1) In this section, "key official" means—

(a) a member of the Authority;

(b) a member of the staff of the Authority;

(c) a consultant to the Authority;

(d) the Director;

(e) an inspector.

(2) A key official who corruptly asks for, receives or obtains, or agrees to receive or obtain, any money, property or benefit of any kind for himself or herself, or for another person—

(a) to forgo or neglect his or her duty, or influence him or her, in the exercise of his or her functions as a key official; or

(b) on account of a thing already done or omitted to be done, or to be afterwards done or omitted to be done, by him or her in the exercise of those functions; or

(c) to use, or take advantage of, his or her position as a key official in order improperly to gain a benefit or advantage for, or

s. 120

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facilitate the commission of an offence by, another person—

is guilty of an indictable offence and liable on conviction to a penalty not exceeding 14 years imprisonment.

(3) A person who corruptly gives to, confers on, or procures for, or promises or offers to give to, confer on, or procure for, or attempts to procure for, a key official, or for any other person, any money, property or benefit of any kind—

(a) for a key official to forgo or neglect his or her duty, or to influence him or her in the exercise of his or her functions as a key official; or

(b) on account of anything already done, or omitted to be done, by him or her in the exercise of those functions; or

(c) for the key official to use or take advantage of his or her position as a key official in order improperly to gain a benefit or advantage for, or facilitate the commission of an offence by, the first mentioned person—

is guilty of an indictable offence and liable on conviction to a penalty not exceeding 14 years imprisonment.

_______________

s. 120

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110

PART 12—GENERAL

121. Banking

(1) The operator under the wagering licence must—

(a) keep and maintain separate accounts—

(i) for amounts invested in wagering—

(ii) for amounts invested in approved betting competitions—

as approved by the Authority, at an authorised deposit-taking institution or institutions in the State for use for all banking transactions arising under this Act in relation to the operator; and

(b) from time to time provide the Authority, as required, and in a form approved by the Authority, with a written authority addressed to the authorised deposit-taking institution referred to in paragraph (a) authorising the authorised deposit-taking institution to comply with any requirements of an inspector exercising the powers conferred by this section.


(2) The holder of a permit must—

(a) keep and maintain an account for amounts invested in wagering as approved by the Authority, at an authorised deposit-taking institution in the State for use for all banking transactions arising under this Act in relation to the permit holder; and

s. 121

S. 121(1)(a) amended by No. 11/2001 s. 3(Sch. item 29.1(a) (b)).

S. 121(1)(b) amended by No. 11/2001 s. 3(Sch. item 29.2).

S. 121(2)(a) amended by No. 11/2001 s. 3(Sch. item 29.3(a) (b)).

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(b) from time to time provide the Authority, as required, and in a form approved by the Authority, with a written authority addressed to the authorised deposit-taking institution authorising the authorised deposit-taking institution to comply with any requirements of an inspector exercising the powers conferred by this section.


(3) An inspector, by notice in writing, may require the manager or other principal officer of an authorised deposit-taking institution referred to in sub-section (1) or (2) to provide the inspector with a statement of an account referred to in that section and such other particulars relating to the account as may be specified in the notice.

(4) A person to whom a notice is given under sub-section (3), must comply with the notice.


(5) An inspector may not exercise the powers conferred by this section without the prior written approval of the Authority.


"authorised deposit-taking institution" has the same meaning as in the Banking Act 1959 of the Commonwealth.

122. Accounts

(1) The operator of the wagering licence must keep such accounting records as correctly record and explain the transactions and financial position of the operations of the operator.

(2) The holder of a permit must keep such accounting records as correctly record and explain the transactions and financial position of the operations of the permit holder.

S. 121(2)(b) amended by No. 11/2001 s. 3(Sch. item 29.4).


S. 121(6) inserted by No. 11/2001 s. 3(Sch. item 29.6).

s. 122

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(3) The accounting records must be kept in such manner as will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited.

(4) The operator and a permit holder must, as soon as practicable after the end of each financial year, prepare financial statements and accounts, including—

(a) cash flow statements for the financial year; and

(b) profit and loss accounts for the financial year; and

(c) a balance-sheet as at the end of the financial year—

that give a true and fair view of the financial operations of the operator or the permit holder, as the case may be.


123. Books etc. to be kept on the premises

(1) The operator of the wagering licence must ensure that all documents relating to the operations of the operator under this Act are—

(a) kept at the principal place of business in Victoria of the operator or at such other place as the Authority approves in writing; and

(b) retained for not less than 7 years after the completion of the transactions to which they relate.


(2) The holder of a permit must ensure that all documents relating to the operations of the holder under the permit are—

s. 123

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(a) kept at the principal place of business in Victoria of the permit holder or at such other place as the Authority approves in writing; and

(b) retained for not less than 7 years after the completion of the transactions to which they relate.


(3) The Authority may by instrument in writing grant an exemption to the operator or permit holder from all or specified requirements of this section in respect of all or specified, or specified classes of, documents and may grant such an exemption subject to conditions.

124. Audit of operator and permit holders

(1) The operator of the wagering licence must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the operator to be audited by an auditor approved by the Authority.

(2) The holder of a permit must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the permit holder to be audited by an auditor approved by the Authority.

(3) The auditor—

(a) has right of access at all times to the books of the operator or permit holder; and

(b) may require from an officer or employee of the operator or permit holder any information, assistance and explanations necessary for the performance of the duties of the auditor in relation to the audit.

s. 124

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(4) The operator or permit holder must cause the auditor's report to be lodged with the Authority within 75 days (or any longer period not exceeding 4 months agreed by the Authority) after the end of the financial year to which the report relates.

(5) If the Authority gives notice in writing to a subsidiary of the licensee (other than the operator), or to a subsidiary of a subsidiary of the licensee, to the effect that this section applies to the subsidiary, in respect of a specified period, this section applies accordingly and has effect as if, in respect of that period, a reference to the operator included a reference to that subsidiary.


125. Certain sections do not affect non-wagering

activities

Nothing in section 121, 122, 123 or 124 applies to a transaction, accounting record, account, balance sheet, document, book or financial statement which does not form, or record, part of the business of the operator or permit holder carried on by a person in accordance with this Act.

126. Submission of reports

(1) An operator of the wagering licence must submit to the Authority reports relating to its operations under this Act.

(2) The holder of a permit must submit to the Authority reports relating to its operations under this Act.

(3) The reports must include reports on agreements and arrangements enabling or facilitating the making of bets on totalisators conducted in Victoria by persons outside Victoria.

s. 125

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(4) The reports are to be submitted at the times, and are to contain the information, that is specified by notice in writing given to the operator or the permit holder, as the case may be, by the Authority from time to time.


127. Secrecy

(1) Subject to sub-section (3), a person must not directly or indirectly, except in the performance of duties or exercise of powers under this Act, the Gaming Machine Control Act 1991 or the Club

Keno Act 1993, make a record of, or divulge to any person, any information with respect to the affairs of another person acquired by the first-mentioned person in the performance of those duties or exercise of those powers or from an enforcement agency in accordance with a memorandum of understanding under section 127A.


(2) Subject to sub-section (5), a person is not, except for the purposes of this Act, required—

(a) to produce in a court a document that has come into his or her possession or under his or her control; or

(b) to divulge to a court any information that has come to his or her notice—

in the performance of duties or exercise of powers under this Act.

(3) A person may—

(a) divulge specified information to such persons as the Minister directs if the Minister certifies that it is necessary in the public interest that the information should be so divulged; or

s. 127

S. 127(1) amended by No. 88/2000 s. 31(1).

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(b) divulge information to a prescribed authority or prescribed person; or

(c) divulge information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or

(ca) divulge information to the Minister administering section 24A of the Racing Act

1958 for the purposes of that section.

(d) divulge information to an enforcement agency in accordance with a memorandum of understanding under section 127A; or

(e) divulge any information that was considered at a meeting or part of a meeting of the Authority that was held in public; or

(f) divulge any of the following information—

(i) the name of an applicant for a licence or approval as an operator in relation to a licence or for a permit under this Act the date of the application, the date and result of the Authority's determination of the application;

(ii) the name of any licensee or operator or permit holder under this Act and the expiry date of the licence or permit;

(iii) the name of an associate of the holder of any licensee, operator or permit holder under this Act;

S. 127(3)(c) amended by Nos 88/2000 s. 31(2), 16/2001 s. 34, 11/2002 s. 3(Sch. 1 item 25.1(a)).

S. 127(3)(d) inserted by No. 16/2001 s. 34, re-numbered as 127(3)(ca) by No. 11/2002 s. 3(Sch. 1 item 25.1(b)).

S. 127(3)(d) inserted by No. 88/2000 s. 31(2).

S. 127(3)(e) inserted by No. 88/2000 s. 31(2).

s. 127

S. 127(3)(f) inserted by No. 88/2000 s. 31(2).

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(iv) particulars of any amendment to the conditions of a licence or permit under this Act;

(v) particulars of disciplinary action taken against a person under this Act;

(vi) details of any matter that is in the public domain for any reason including a requirement under this Act to publish the information or because the matter was considered at a meeting or inquiry or part of a meeting or inquiry of the Authority that was held in public;

(vii) any other matter that, in the opinion of the Authority—

(A) would not constitute an unreasonable divulgence of information relating to the affairs of a person; or

(B) would otherwise be in the public interest to divulge.

(4) An authority or person to whom information is divulged under sub-section (3), and a person or employee under the control of that authority or person, is subject, in respect of that information, to the same rights, privileges, obligations and liabilities under this section as if that authority, person or employee were a person performing duties under this Act and had acquired the information in the performance of those duties.

(4A) Nothing in this section or any other Act applies to prohibit or restrict the giving of statistical information with respect to gambling in Victoria to the Authority or the Minister or the publication of any such information.

s. 127

S. 127(4A) inserted by No. 17/1996 s. 34.

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(5) If—

(a) the Minister certifies that it is necessary in the public interest that specified information should be divulged to a court; or

(b) a person to whom information relates has expressly authorised it to be divulged to a court—

a person may be required—

(c) to produce in the court any document containing the information; or

(d) to divulge the information to the court.


"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions;

"produce" includes permit access to.

127A. Memorandum of understanding

(1) The Authority and an enforcement agency may enter a memorandum of understanding that provides for—

(a) the divulgence to the enforcement agency of information with respect to the affairs of a person acquired by the Authority in the performance of functions under this Act; and

(b) the divulgence to the Authority of information with respect to the affairs of a person acquired by the enforcement agency.

(2) A memorandum of understanding must—

(a) specify the kind of information to be divulged and the purposes for which it may be used; and


s. 127A

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(b) contain an undertaking that each party to the memorandum—

(i) will use information divulged to it only for the purposes specified in the memorandum; and

(ii) consents to the taking of injunctive action to restrain the unauthorised use of the information; and

(c) contain a provision that applies the law of Victoria to the divulgence of information to the enforcement agency under the memorandum and an acknowledgment that the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

(3) The Authority may enter a memorandum of understanding with an enforcement agency only if the Authority is satisfied that the enforcement agency is capable of entering, and is authorised to enter, the memorandum of understanding as a legally-binding agreement.


"enforcement agency" means a person or body in Victoria or another jurisdiction (whether in or outside Australia)—

(a) that is responsible for, or engages in—

(i) the administration of a law with respect to gaming or gambling; or

(ii) law enforcement generally; or

(b) that is approved by the Minister under sub-section (5).

(5) For the purposes of sub-section (4), the Minister may, by written notice given to the Authority, approve a person or body that is responsible for, or engages in, the administration of a licensing or

s. 127A

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other regulatory scheme that requires licensees or other persons regulated to be suitable, or fit and proper, persons.

128. Conflict of interest and duty

(1) An authorised person must not be an employee, in any capacity of a person referred to in sub-section (6).

(2) An authorised person who knowingly has, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person referred to in sub-section (6) must forthwith—

(a) notify the Authority of the association or interest; and

(b) if directed to do so by the Authority, within a time specified by the Authority terminate the association or relinquish the interest.

(3) A person who ceases to be a member of the Authority, or the Director, must not, at any time during the next 4 years, be employed by, or significantly associated with, a person referred to in sub-section (6).

(4) A person who ceases to be a member of the staff of the Authority or the Director must not, at any time during the next 4 years, be employed by or significantly associated with, a person referred to in sub-section (6), unless the Authority otherwise approves.

(5) A person referred to in sub-section (6) must not employ, or be significantly associated with, a person prohibited by sub-section (3) or (4) or by section 112 from being so employed or associated.

s. 128

S. 128(4) amended by No. 90/1998 s. 16(a).

S. 128(5) amended by No. 98/1994 s. 8.

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(6) The persons referred to in this sub-section are the licensee, an operator or permit holder or a gaming operator or venue operator under the Gaming Machine Control Act 1991, a casino operator under the Casino Control Act 1991 or a person whose name is on the Roll referred to in section 62 of the Gaming Machine Control Act

1991.

Penalty applying to this section: 50 penalty units.

129. Personal liability of members etc.

(1) Any matter or thing done by the Authority, an authorised person or any person acting under the direction of the Authority does not subject an authorised person or a person so acting personally to any action, liability, claim or demand if the matter or thing was done in good faith for the purpose of executing this or any other Act.

(2) Any liability that, but for sub-section (1), would attach to the Authority, an authorised person or other person attaches instead to the State.

130. Destruction of finger prints etc.

(1) Any finger prints or palm prints obtained by the Authority or Director under this Act or any other Act or in connection with the appointment of a person to a position under this Act or any other Act or employment for the purposes of this Act or any other Act and any copies of them must be destroyed by the Authority as soon as the Authority or Director has no further use for them.

(2) The Authority or Director is to be considered to have no further use for them when—

(a) they were obtained in connection with an application for a licence or a permit and the application is refused; or

S. 128(6) amended by No. 90/1998 s. 16(b).

s. 129

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(b) they were obtained in connection with the grant of a licence or permit and the licence or permit is not granted; or

(c) the licence in connection with which they were obtained is cancelled (but is to be considered to have further use for them whenever the licence is in force); or

(d) the permit in connection with which they were obtained is revoked; or

(e) they were obtained in connection with the appointment of a person as—

(i) a member of the Authority; or

(ii) the Director; or

(iii) an inspector; or

(iv) an authorised person; or

(v) a member of the staff of the Authority, whether employed by the Authority or otherwise—

and the person is not so appointed or is no longer so appointed or is no longer a member of staff.

(3) A person who in connection with an application for a licence or a permit or appointment to a position under this Act or any other Act or an appointment as a member of the staff of the Authority has possession of finger prints or palm prints obtained by the Authority or Director under this Act or any other Act, or copies of them, must deliver them to the Authority, in accordance with the directions of the Authority, so as to enable the Authority to comply with sub-section (1).

Penalty applying to this sub-section: 20 penalty units.

s. 130

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131. Records not kept in writing

(1) This section applies to a record that—

(a) is not in writing; or

(b) is not written in the English language; or

(c) is not decipherable on sight.

(2) A requirement under this Act to produce such a record is to be considered to be a requirement to produce (in addition to the record if it is in writing or instead of the record if it is not in writing) a statement written in the English language and decipherable on sight containing the whole of the information in the record.

132. False or misleading information

(1) A person must not—

(a) in, or in relation to, an application for a licence or a permit;

(b) in purported compliance with the requirements of a notice under this Act;

(c) in answer to a question asked by an inspector in the exercise of his or her functions as an inspector; or

(d) in purporting to provide information that the person has been authorised to provide—

give information that is false or misleading in a material particular.


(2) It is a defence to a prosecution of a person for an offence under sub-section (1) if it is proved that, at the time the information was given, the person believed, on reasonable grounds—

(a) in the case of false information—that the information was true; or

s. 131

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(b) in the case of misleading information—that the information was not misleading.

133. Service of documents on Authority

(1) A document may be served on the Authority by sending it by post to the principal office of the Authority or leaving it at the office with a person authorised in writing by the Authority to accept service of documents on behalf of the Authority.

(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Authority in any other manner.

134. Service of documents on other persons

If by or under this Act a document is required or permitted to be served on a person other than the Authority, the document may be served—

(a) by delivering it personally to the person to be served; or

(b) by leaving it at that person's usual or last known place of residence with a person apparently over the age of 16 years and apparently residing there; or

(c) by sending it by post addressed to the person to be served at that person's usual or last known place of residence or business; or

(d) if a manner of service is prescribed by any other Act or law in relation to a person or class of person, it is served in that manner.

135. Costs of investigating applications

(1) The Authority or the Director may, by notice in writing, require a person who is an applicant for a licence or a permit, for approval for appointment as an operator, for approval of a proposed manager referred to in an application for a permit

s. 133

S. 135(1) amended by No. 11/2002 s. 3(Sch. 1 item 25.2).

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or for investigation under section 103, to pay to the Authority or Director such amount as is determined by the Authority being an amount not exceeding the reasonable costs of investigation of the application.

(2) The Authority may require costs payable under sub-section (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted.

136. Evidence

(1) In proceedings under this Act, an assertion—

(a) that, at a specified time or during a specified period, a specified person was the Minister administering this or any other Act;

(b) that, at a specified time or during a specified period, a specified person held, or is acting in, a specified office;

(c) that a signature purporting to be the signature of a Minister, a member of the Authority, an inspector, a member of the police force or an authorised person is the signature it purports to be;

(d) that, at a specified time or during a specified period, a specified person was, or was not, the holder of a specified licence or permit under this Act; or

(e) that, at a specified time, a person attained a specified age or that, at a specified time or during a specified period, a specified person was under or over a specified age—

is evidence of the fact or facts asserted.

s. 136

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(2) In proceedings under this Act—

(a) a document purporting to be a copy of a direction, notice, order, requirement or decision given or made under this Act is evidence of a direction, notice, order, requirement or decision of which it purports to be a copy;

(b) a document purporting to be a copy of a licence or permit under this Act is evidence of a licence or permit of which it purports to be a copy; and

(c) evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document.

137. Offences by corporations

(1) If a corporation contravenes any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.

(2) A person may be proceeded against and convicted under a provision in accordance with sub-section (1) whether or not the corporation has been proceeded against or convicted under that provision.

(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act.

138. Proceedings

(1) A proceeding for an offence against this Act (or the regulations) may only be brought by—

(a) a member of the police force; or

s. 137

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(b) the Authority; or

(c) the Director; or

(d) a person authorised to do so, either generally or in a particular case, by the Authority or the Director.

(2) In a proceeding for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.

139. Information gathering for law enforcement

purposes

(1) For the purpose of obtaining information that may be of assistance to a law enforcement agency, the Authority may direct the licensee or an operator or holder of a permit in writing to provide the Authority with information obtained by the licensee or operator or permit holder concerning their operations.

(2) Such direction may relate to particular information or to information generally and may relate to particular or general information concerning a specified person.

(3) The direction must specify—

(a) the kind of information that the licensee or operator or permit holder is required to provide; and

(b) the manner in which the information is to be provided.

(4) The licensee or operator or permit holder must comply with such a direction.

(5) The Authority may make information obtained by the Authority under this section available to any law enforcement agency.

s. 139

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"law enforcement agency" means—

(a) the police force of this or any other State or of a Territory; or

(b) the Australian Federal Police; or

(c) the Australian Crime Commission; or

(d) the New South Wales Crime Commission; or

(e) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of this or any other State or of a Territory.

140. Powers of licensee under Corporations Act not

affected

Except as otherwise provided in this Act, nothing in this Act is to be taken to restrict the licensee, being a company within the meaning of the Corporations Act that is taken to be registered in Victoria, from carrying out functions or exercising powers that it may lawfully carry out or exercise as such a company.

141. Supreme Court—limitation of jurisdiction

(1) It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of actions—

(a) in respect of declarations of the Minister under Part 4; or

(b) in respect of acts or omissions referred to in section 62; or

(c) in respect of a right or interest referred to in section 204.

S. 139(6) def. of "law enforcement agency" amended by No. 52/2003 s. 52(Sch. 1 item 3).

s. 140

S. 140 amended by No. 44/2001 s. 3(Sch. item 53.18).

S. 141 amended by No. 44/2001 s. 3(Sch. item 53.19) (ILA s. 39B(1)).

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(2) It is the intention of section 62, as that section applies in respect of acts or omissions in the exercise or discharge, or purported exercise or discharge, of a power or duty under Part 4 as amended by the Corporations (Consequential

Amendments) Act 2001, to alter or vary section 85 of the Constitution Act 1975.

142. Regulations

(1) The Governor in Council may make regulations for or with respect to any of the following—

(a) any matter in relation to which betting rules may be made under this Act;

(b) requirements relating to betting rules;

(c) major and minor changes for the purposes of section 30;

(d) functions and powers of a licensee appointed under section 34;

(e) fees;

(f) forms;

(g) generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) Regulations under this Act—

(a) may be of general or limited application;

(b) may differ according to differences in time, place or circumstance;

(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Authority or an authorised person.

_______________

S. 141(2) inserted by No. 44/2001 s. 3(Sch. item 53.19).

s. 142

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Part 13—Staff and Property of TAB


Act No. 37/1994

130

PART 13—STAFF AND PROPERTY OF TAB

Division 1—Staff

143. Definitions

In this Division—

"body" means Tabco or a wholly owned subsidiary of Tabco;

"chief executive officer" means chief executive officer of TAB;

"new employer", in relation to a transferred employee, means the body by which, by virtue of section 145, the transferred employee is regarded as being employed with effect from the appointed day;

"transferred employee" means a person who, by virtue of section 145, is regarded as being employed by a new employer with effect from the appointed day.

144. List of TAB staff

(1) Before the appointed day, TAB must prepare and submit to the Treasurer a document signed by the chief executive officer listing all the officers and employees of TAB and specifying, in respect of each such officer or employee, the body by which he or she is to be regarded as having been employed by virtue of section 145 with effect from the appointed day.

(2) The document may be amended, before the appointed day, by instrument signed by the chief executive officer and given to the Treasurer.

s. 143

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(3) Nothing in this section prevents a person listed in the document as an officer or employee of TAB from resigning or being dismissed at any time before the appointed day in accordance with the terms and conditions of his or her appointment or employment.

145. Transfer of TAB staff

(1) A person listed as an officer or employee of TAB in a document under section 144 who was such an officer or employee immediately before the appointed day is to be regarded as—

(a) having been employed by the new employer with effect from the appointed day; and

(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the appointed day, as an officer or employee of TAB; and

(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of TAB, immediately before the appointed day.

(2) The service of a transferred employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the appointed day, as an officer or employee of TAB.

(3) A transferred employee is not entitled to receive any payment or other benefit by reason only by having ceased to be an officer or employee of TAB because of this Act.

s. 145

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(4) A certificate purporting to be signed by the chief executive officer of the new employer certifying that a person named in the certificate was with effect from the appointed day employed, by virtue of this section, by a body named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

146. Future terms and conditions of transferred

employees

Nothing in section 145 prevents—

(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the appointed day; or

(b) a transferred employee from resigning or being dismissed at any time after the appointed day in accordance with the then existing terms and conditions of his or her employment by the new employer.

147. Superannuation—revised scheme or new scheme

members

(1) For the purposes of the State Superannuation

Act 1988, a transferred employee who immediately before the appointed day was a revised scheme member or a new scheme member within the meaning of the State Superannuation

Act 1988 ceases to be an officer within the meaning of that Act on the appointed day and is entitled to a benefit calculated in accordance with—

(a) section 61A(1) of the State Superannuation

Act 1988 if the transferred employee is a revised scheme member; or

S. 146 amended by No. 90/1997 s. 38(d).

s. 146

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(b) section 61A(2) of the State Superannuation

Act 1988 if the transferred employee is a new scheme member.

(2) The benefit is payable in accordance with section 61A(3) of the State Superannuation Act

1988 unless the transferred employee makes an election under sub-section (3).

(3) The transferred employee may elect to receive—

(a) a cash benefit equal to a refund of the contributions paid by him or her during the period he or she was a revised scheme member or a new scheme member (whichever is his or her current membership) and interest at the prescribed rate; and

(b) a deferred retirement benefit reduced by such amount as is determined by the Minister on the advice of an actuary.

(4) A deferred retirement benefit under sub-section (3)(b) is payable in accordance with section 61A(3) of the State Superannuation Act 1988.

(5) If a transferred employee making an election under sub-section (3) is a new scheme member who had transferred from the revised scheme under section 61(1) of the State Superannuation

Act 1988, the transferred employee is deemed to have resigned for the purposes of section 61(2A) of that Act.

(6) If a person who is entitled to a deferred retirement benefit under sub-section (1) resigns his or her employment with a new employer, he or she may elect to receive instead of that deferred benefit—

(a) a cash benefit equal to a refund of contributions and interest at the prescribed rate; and

s. 147

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(b) a deferred retirement benefit reduced by such amount as is determined by the Minister on the advice of an actuary.

* * * * *

149. Superannuation Funds

(1) Subject to this section, the Totalizator Agency Board Superannuation Fund as constituted and governed under a trust deed dated 1 October 1974 and as in force immediately before the appointed day continues, on and after that day, as the TABCORP Superannuation Fund.

(2) Subject to the trust deed referred to in sub-section (1), T.A.B. Superannuation Proprietary Limited, A.C.N. 005 070 619, continues, on and after the appointed day, as trustee of the Fund continued by sub-section (1) on and after that day.

(3) On and after the appointed day, a reference in the trust deed to TAB is deemed to be a reference to TABCORP Holdings Limited, A.C.N. 063 780 709.

(4) All rights, benefits, entitlements, liabilities and obligations of the members or former members and other beneficiaries of the Fund existing immediately before the appointed day continue, on and after that day.

Division 2—Allocation of property

150. TAB to prepare allocation statement

(1) TAB must give to the Treasurer within the period of 3 months after the date on which this Act receives the Royal Assent or such longer period as the Treasurer approves, a statement relating to the

S. 148 repealed by No. 4/1996 s. 134(3).

s. 149

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property, rights and liabilities of TAB, other than property rights and liabilities that the Treasurer directs TAB, in writing, not to include in the statement, as at a date specified by the Treasurer.

(2) A statement under this section must allocate the property, rights and liabilities of TAB shown in the statement between Tabco, one or more wholly owned subsidiaries of Tabco and the State.

(3) If a statement under this section is approved by the Treasurer—

(a) the Treasurer must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Act.

(4) The Treasurer may at any time direct TAB to amend a statement given under this section as specified in the direction.

(5) An allocation statement under this section may be amended by writing signed by the Treasurer.

(6) In this section, "statement" and "allocation

statement" include a statement or allocation statement amended in accordance with this section.

151. Certificate of Treasurer

(1) A certificate signed by the Treasurer certifying that property, rights or liabilities of TAB specified in the certificate has been allocated under the allocation statement to Tabco or a wholly owned subsidiary of Tabco is, unless revoked under sub-section (2), conclusive evidence—

(a) that the property, rights or liabilities have been so allocated; and

s. 151

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(b) if the certificate is given on or after the appointed day, that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the appointed day.

(2) The Treasurer may revoke a certificate given under sub-section (1) by issuing another certificate or certificates in place of the first certificate.

(3) The Treasurer—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by Tabco, a wholly owned subsidiary of Tabco or other interested person.

Division 3—Transfer of property

152. Property transferred to Tabco

On the appointed day—

(a) all property and rights of TAB, wherever located, that are allocated under an allocation statement to Tabco, vest in Tabco; and

(b) all liabilities of TAB, wherever located, that are allocated under an allocation statement to Tabco, wherever located, become liabilities of Tabco.

153. Property transferred to wholly owned subsidiary


(a) all property and rights of TAB, wherever located, that are allocated under an allocation statement to a wholly owned subsidiary of Tabco, vest in that subsidiary; and

s. 152

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(b) all liabilities of TAB, wherever located, that are allocated under an allocation statement to a wholly owned subsidiary of Tabco, become liabilities of that subsidiary.

154. Property transferred to State


(a) all property and rights of TAB, wherever located, that are allocated under an allocation statement to the State vest in the State;

(b) all liabilities of TAB, wherever located, that are allocated under an allocation statement to the State, become liabilities of the State.

155. Allocation of property etc. subject to encumbrances

(1) Unless an allocation statement under this Division otherwise provides, where, under this Division—

(a) property and rights vest in; or

(b) liabilities become liabilities of—

Tabco, a wholly owned subsidiary of Tabco or the State—

(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d) the rights to which TAB was entitled in respect of those liabilities immediately before they ceased to be liabilities of TAB, vest in Tabco, a wholly owned subsidiary of Tabco, or the State, as the case requires.

(2) The use of a property vested in Tabco or a wholly owned subsidiary of Tabco under this section does not contravene the Planning and Environment

Act 1987 or a planning scheme, condition of a permit or an agreement under section 173 of that

s. 154

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Act if the use is the same as the use immediately before the appointed day.

(3) Sub-section (2) does not apply after the expiration of 5 years after the appointed day.

156. Value of transferred property

The value to Tabco or a wholly owned subsidiary of Tabco of transferred property as at the appointed day is the value shown in the relevant allocation statement.

157. Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of TAB under an agreement are allocated to Tabco or a wholly owned subsidiary of Tabco—

(a) Tabco or the subsidiary becomes, on the appointed day, a party to the agreement in place of TAB; and

(b) on and after the appointed day, the agreement has effect as if Tabco or the subsidiary had always been a party to the agreement.

158. TAB instruments

Each TAB instrument relating to transferred property continues to have effect according to its tenor on and after the appointed day as if a reference in the instrument to TAB were a reference to the transferee of the transferred property.

159. Proceedings

If, immediately before the appointed day, proceedings relating to transferred property (including arbitration proceedings) to which TAB was a party were pending or existing in any court or tribunal, then, on and after the appointed day,

s. 156

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the transferee of the transferred property is substituted for TAB as a party to the proceedings and has the same rights in the proceedings as TAB had.

160. Interests in land

Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the appointed day, TAB is, in relation to transferred property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the appointed day—

(a) the transferee of the transferred property is to be taken to be the registered proprietor of that interest in land; and

(b) the transferee has the same rights and remedies in respect of that interest as TAB had.

161. Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Treasurer, must make any amendments in the Register that are necessary because of the operation of this Act.

* * * * *


162. Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason

s. 160

S. 161(2)(3) repealed by No. 85/1998 s. 24(Sch. item 26).

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of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of TAB.

163. Evidence

(1) Documentary or other evidence that would have been admissible for or against the interest of TAB in relation to transferred property if this Part had not been enacted, is admissible for or against the interests of the transferee of the transferred property.

(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of TAB and to entries made in those books of account before the appointed day, whether or not they relate to transferred property.

(3) In sub-section (2), "books of account" has the same meaning as in Division 3A of Part III of the Evidence Act 1958.

164. Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered under this Part—

(a) is to be regarded as a breach of contract or confidence or as a civil wrong; or

(b) is to be regarded as placing any one in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

s. 163

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(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) releases any surety or other obligee wholly or in part from any obligation.

(2) The validity of any act or transaction of TAB must not be called in question in any proceedings on the ground that any provision of this Act or the Racing Act 1958 has not been complied with.

164A. Guarantees etc.

(1) The Treasurer may, at the request of TAB, on behalf of the Government of Victoria, by instrument on such terms and conditions as the Treasurer determines, guarantee, indemnify or otherwise support the performance, satisfaction or discharge of obligations or liabilities of TAB.

(2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee, indemnity or other support by or on behalf of the Government of Victoria provided by or given under this section shall be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly.

(3) Any sums received or recovered by the Treasurer from TAB or otherwise in respect of sums paid by the Treasurer under a guarantee, indemnity or other support must be paid into the Consolidated Fund.

_______________


s. 164A

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Part 14—Transitional Provisions


Act No. 37/1994

142

PART 14—TRANSITIONAL PROVISIONS

Division 1—Succession of Authority

165. Definitions

In this Division—

"casino operator" has the same meaning as in the Casino Control Act 1991;

"Casino Authority" means the Victorian Casino Control Authority established under the Casino Control Act 1991;

"Gaming Commission" means the Victorian Gaming Commission established under the Gaming Machine Control Act 1991;

"gaming operator" has the same meaning as in the Gaming Machine Control Act 1991;

"instrument" includes a document and an oral agreement;

"instrument of the Casino Authority or

Gaming Commission" means an instrument (including a legislative instrument other than this Act) subsisting immediately before the succession day—

(a) to which the Casino Authority or the Gaming Commission was a party; or

(b) that was given to or in favour of the Casino Authority or the Gaming Commission; or

(c) that refers to the Casino Authority or the Gaming Commission; or

s. 165

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Act No. 37/1994

143

(d) under which—

(i) money is, or may become, payable to or by the Casino Authority or the Gaming Commission; or

(ii) other property is to be, or may become liable to be, transferred to or by the Casino Authority or the Gaming Commission;

"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;

"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

"succession day" means the day on which this section comes into operation;

"venue operator" has the same meaning as in the Gaming Machine Control Act 1991.

166. Authority to become successor in law of Casino

Authority and Gaming Commission

On the succession day—

(a) all property and rights of the Casino Authority and the Gaming Commission, wherever located, vest in the Authority; and

(b) all liabilities of the Casino Authority and the Gaming Commission, wherever located, become liabilities of the Authority; and

(c) the Authority becomes the successor in law of the Casino Authority and the Gaming Commission; and

s. 166

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Act No. 37/1994

144

(d) the Casino Authority and the Gaming Commission are dissolved.

167. Instruments of the Casino Authority, Gaming

Commission or Director of Gaming

(1) Each instrument of the Casino Authority or Gaming Commission continues to have effect according to its tenor on and after the succession day as if a reference in the instrument to the Casino Authority or the Gaming Commission were a reference to the Authority.

(2) Each instrument of the Director of Gaming continues to have effect according to its tenor on and after the succession day as if a reference in the instrument to the Director of Gaming were a reference to the Director of Gaming and Betting.

(3) In sub-section (2), "instrument of the Director

of Gaming" means an instrument (including a legislative instrument other than this Act) subsisting immediately before the succession day—

(a) to which the Director of Gaming was a party; or

(b) that was given to or in favour of the Director of Gaming; or

(c) that refers to the Director of Gaming.

168. Proceedings

(1) Where, immediately before the succession day, proceedings to which the Casino Authority or the Gaming Commission was a party were pending or existing in any court or tribunal, then, on and after the succession day, the Authority is substituted for the Casino Authority or the Gaming Commission as a party to the proceedings and has the same rights in the proceedings as the Casino Authority or the Gaming Commission had.

s. 167

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Act No. 37/1994

145

(2) Where, immediately before the succession day, an appeal to the Gaming Commission under section 45 of the Gaming Machine Control Act

1991 was pending or existing, then on and after the succession day, the Authority is substituted for the Gaming Commission and has the same rights in relation to the appeal as the Gaming Commission had.

169. Evidence

Documentary or other evidence that would have been admissible for or against the interests of the Casino Authority or the Gaming Commission if this Act had not been passed, is admissible for or against the interests of the Authority.

170. Inspectors

A person who, immediately before the commencement of this section, was an inspector appointed under the Gaming Machine Control

Act 1991, is to be regarded as having been appointed as an inspector under this Act on the same terms and conditions as those on which, and for the remainder of the period for which, he or she was so appointed.

* * * * *


172. TAB to make certain payments

TAB must, within 21 days after the appointed day—

(a) pay to the Treasury Corporation of Victoria the amount of any outstanding financial accommodation, together with interest and fees due as at the date of payment, provided

s. 169

S. 171 repealed by No. 46/1998 s. 7(Sch. 1).

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Act No. 37/1994

146

to TAB by the Treasury Corporation of Victoria;

(b) pay to VicRacing the sum of $20 000 000; and

(c) pay to the Treasurer an amount equal to the amount received by it from Tabco under section 13(1)(b), less the sum of the amounts paid under paragraphs (a) and (b) of this section.

_______________

s. 172

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Part 15—Racing Act 1958


Act No. 37/1994

147

PART 15—RACING ACT 1958

Division 1—Amendment

173. Principal Act

In this Part, the Racing Act 1958 is called the Principal Act.

* * * * *

Division 2—Transitional

195. Dividends Adjustment Funds

(1) Where, immediately before the appointed day, an amount was standing to the credit or due to the credit of a Dividends Adjustment Fund of a club under section 105 of the Principal Act, the club must, within 14 days after the appointed day, pay that amount to the Treasurer.

(2) Where, immediately before the appointed day, amounts were standing to the credit or due to the credit of TAB's Dividends Adjustment Funds under section 116AM, 116CF or 116BL of the Principal Act, Tabco must, within 14 days after the appointed day, pay those amounts to the Treasurer.

196. Balance of commissions to be paid to Tabco

Each club must, within 21 days after the appointed day, pay to Tabco the residue of commissions that, but for this Act, it would have been liable to pay to TAB under section 116O(3) of the Principal Act.

No. 6353.

s. 173

Ss 174–194 repealed by No. 90/1997 s. 38(e).

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Act No. 37/1994

148

197. Accrued taxes as at appointed day

(1) Tabco must, within 14 days after the appointed day, pay to the Treasurer all taxes and other amounts accrued due from TAB to the Treasurer immediately before the appointed day under section 116O, 116AN, 116BM or 116CG of the Principal Act.

(2) Each club must, within 14 days after the appointed day, pay to the Treasurer all taxes and other amounts accrued due from the club to the Treasurer immediately before the appointed day under section 102 of the Principal Act.

198. Dividends unclaimed as at appointed day

(1) The part of the money payable by way of dividends and refunds held by TAB immediately before the appointed day and unclaimed and held by Tabco on and after the appointed day that remains unclaimed at the expiration of 7 months after the race-meeting or event to which they relate becomes the property of Tabco.

(2) Each club holding money payable by way of dividends and refunds which are unclaimed immediately before the appointed day must, within 6 weeks after the race-meeting to which they relate, pay that money, less amounts of dividends and refunds claimed within that period, to the Treasurer to be paid into the Totalisator Unclaimed Dividends Fund kept in the Treasury.

(3) Any amounts in the Totalisator Unclaimed Dividends Fund remaining unclaimed at the expiration of 7 months after the race-meeting to which the amounts relate must be paid into the Consolidated Fund.

s. 197

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Act No. 37/1994

149

199. Minimum dividends

A liability under section 105A of the Principal Act immediately before the appointed day to pay the difference between a dividend declared payable and the sum of fifty cents ceases to be a liability of the Consolidated Fund and becomes a liability of Tabco.

200. Horse racing funds

(1) On the appointed day—

(a) the assets of—

(i) the Racing Division of the Race-courses Development Fund under section 126 of the Principal Act; and

(ii) the Metropolitan Racing Clubs Fund under section 119(a) of the Principal Act—

vest in The Victoria Racing Club; and

(b) the assets of—

(i) the Country Racing Clubs Fund under section 119(d) of the Principal Act; and

(ii) the Country Racing, Harness Racing and Greyhound Racing Clubs' Assistance Fund under section 117 of the Principal Act—

vest in Victorian Country Racing Council Inc; and

(c) the liabilities of the Racing Division of the Fund referred to in paragraph (a)(i) and of the Fund referred to in paragraph (a)(ii) become liabilities of The Victoria Racing Club; and

s. 199

S. 200(1)(c) amended by No. 98/1994 s. 10.

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Act No. 37/1994

150

(d) the liabilities of the Funds referred to in paragraph (b)(i) and (ii) become liabilities of the Victorian Country Racing Council Inc.

(2) In this section, "assets", in relation to a Division of a Fund, or a Fund, means amounts standing to the credit of the Division or Fund immediately before the appointed day and amounts due to the credit of the Division or Fund in respect of races held before the appointed day.

201. Harness racing funds



(i) the Harness Racing Division of the Race-courses Development Fund under section 126 of the Principal Act;

(ii) the Metropolitan Harness Racing Fund under section 119(b) of the Principal Act; and

(iii) the Country Harness Racing Clubs Fund under section 119(c) of the Principal Act—

vest in the Harness Racing Board; and

(b) the liabilities of the Harness Racing Division of the Fund referred to in paragraph (a)(i) and of the Funds referred to in paragraph (a) (ii) and (iii) become liabilities of that Board.

(2) In this section, "assets", in relation to a Division of a Fund, or a Fund, referred to in sub-section (1), means amounts standing to the credit of the Division or Fund immediately before the appointed day and amounts due to the credit of the Division or Fund in respect of races held before the appointed day.

s. 201

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Act No. 37/1994

151

202. Greyhound racing funds



(i) The Greyhound Racing Grounds Development Fund under section 83D of the Principal Act; and

(ii) the Greyhound Racing Clubs Fund under section 119(e) of the Principal Act—

vest in the Greyhound Racing Control Board; and

(b) the liabilities of those Funds become liabilities of that Board.

(2) In this section, "assets", in relation to a Fund referred to in sub-section (1), means amounts standing to the credit of the Fund immediately before the appointed day and amounts due to the credit of the Fund in respect of races held before the appointed day.

203. Distribution of reserve

(1) TAB must, within 28 days after the appointed day, pay to VicRacing an amount calculated in accordance with the formula—

$1670642)(B 365

A $83523000 +−×

where—

A is the number of days from and including 1 August 1993 to and including the appointed day ("the relevant period");

s. 202

S. 203(1) amended by No. 74/2000 s. 3(Sch. 1 item 54).

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Act No. 37/1994

152

B is the amount certified by the Auditor-General as being the sum of—

(a) the amounts paid by TAB to The Victoria Racing Club under section 116O(3)(ba) during the relevant period;

(b) the amounts paid by TAB to the Harness Racing Board under section 116O(3)(ba) during the relevant period;

(c) the amounts paid by TAB to the Greyhound Racing Control Board under section 116O(3)(ba) during the relevant period.

(2) The amount payable under sub-section (1) must be paid—

(a) first, from the amount available from money received by TAB under section 116O(3) of the Principal Act and any other income of the TAB, after deduction of the amounts payable by TAB under section 116O(3)(a) of that Act;

(b) secondly, to the extent to which the amount referred to in paragraph (a) is insufficient, from money in the Development Reserve or the Development Reserve Account of the Development Reserve of TAB;

(c) thirdly, to the extent to which the amounts referred to in paragraphs (a) and (b) are insufficient, from such other reserves of TAB as the Treasurer approves.

(3) On payment by TAB of the amount referred to in sub-section (1)—

(a) any outstanding liability of TAB under section 116O(3) of the Principal Act is extinguished; and

s. 203

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Act No. 37/1994

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(b) all liabilities of TAB under a financial scheme approved under section 116I of the Principal Act that are outstanding immediately before the commencement of this section are extinguished.

204. Rights etc. in property extinguished

Any right or interest of a club in money or other property of or held by TAB, whether arising under section 116Q of the Principal Act or in any other way whatsoever and subsisting immediately before the commencement of this section, is extinguished on that commencement.

205. Transitional

(1) A licence in respect of a race-course in force under section 24 of the Principal Act immediately before the commencement of this section—

(a) is deemed to have been issued under that section as amended by this Act; and

(b) despite anything to the contrary in that section as so amended, expires on 31 July 1995, unless it sooner expires or is sooner cancelled or surrendered.

(2) A licence to hold greyhound races on any ground issued under section 58 of the Principal Act and in force immediately before the commencement of this section—

(a) is deemed to have been issued under section 24 of the Principal Act as amended by this Act; and

(b) despite anything to the contrary in section 24 of the Principal Act as so amended, expires on 31 July 1995, unless it sooner expires or is sooner cancelled or surrendered.

s. 204

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Act No. 37/1994

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(3) A permit to hold a race-meeting issued under section 31(c) of the Principal Act and in force immediately before the commencement of this section is deemed to have been issued under section 21 of the Principal Act as amended by this Act.

(4) A tabella totalisator and an approved betting competition approved under section 116BU of the Principal Act not conducted on a gaming machine within the meaning of the Gaming Machine

Control Act 1991 that, immediately before the appointed day, could lawfully have been conducted by TAB under Division 5 of Part V of the Principal Act is deemed, for a period of 3 months after the appointed day, to be a betting competition approved by the Minister under section 64(1) of this Act.

(5) Any instrument, contrivance, computer hardware, computer software or any other equipment that, immediately before the appointed day could lawfully have been used in connection with a totalisator conducted by TAB is deemed to have been approved under section 70(1).

(6) The Authority may, for just and reasonable cause, by notice given to Tabco at any time, make the approval referred to in sub-section (5) subject to such conditions as the Authority thinks fit.

206. Dissolution of TAB

On the commencement of this section—

(a) all property and rights of TAB, wherever located, vest in the State; and

(b) all liabilities of TAB, wherever located, become liabilities of the State.

_______________

s. 206

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Part 16—Gaming Machine Control Act 1991


Act No. 37/1994

155

PART 16—GAMING MACHINE CONTROL ACT 1991

Division 1—General amendment

207. Principal Act

In this Part, the Gaming Machine Control Act

1991 is called the Principal Act.

* * * * *

* * * * *

* * * * *

Division 2—Transitional

222. TAB ceases to hold gaming operator's licence

On the appointed day, TAB ceases to be the holder of a gaming operator's licence under Part 3 of the Principal Act.

* * * * *

No. 53/1991.

s. 207

Ss 208–217 repealed by No. 90/1997 s. 38(f).

S. 218 amended by No. 98/1994 s. 11(1), repealed by No. 90/1997 s. 38(f).

Ss 219–221 repealed by No. 90/1997 s. 38(f).

S. 223 repealed by No. 88/2000 s. 28.

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Act No. 37/1994

156

224. Venue operator's licences for tabarets at Ballarat

and Bendigo

(1) A person who, immediately before the commencement of this section, was the operator of tabaret premises referred to in paragraph (b) or (c) of the definition of tabaret premises in section 3 of the Principal Act may apply to the Authority for a venue operator's licence under the Principal Act for those premises.

(2) Sections 19(3)(a), (4), (5) and 20 to 25 of the Principal Act do not apply to an application under sub-section (1).

(3) The Authority must grant the licence.

(4) The licence—

(a) is for a term—

(i) in the case of tabaret premises at Ballarat and referred to in paragraph (b) of the definition of tabaret premises in section 3 of the Principal Act, that expires on 1 July 1998;

(ii) in the case of tabaret premises at Bendigo and referred to in paragraph (c) of the definition of tabaret premises in section 3 of the Principal Act, that expires on 1 July 1998;

(b) is for the relevant tabaret premises, being the premises specified in the application;

(c) must specify the gaming machine areas approved for the venue;

(d) is subject to any conditions to which gaming at the venue was subject before the grant of the licence and which the Authority specifies in the licence.

s. 224

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Act No. 37/1994

157

(5) Despite anything to the contrary in the Principal Act or any other Act, until 30 June 1998, the number of gaming machines permitted at each of the tabaret premises referred to in sub-section (4)(a) is 105.

(6) The holder of a venue operator's licence granted under this section is, during its term, the holder of a venue operator's licence under Part 3 of the Principal Act unless cancelled under that Act.

(7) Section 30 of the Principal Act applies to a venue operator's licence granted under this section as if paragraph (a) of the definition of "grounds for disciplinary action" in sub-section (1) of that section were repealed.

225. Provisions applying in respect of tabaret premises

Until the licences granted under sections 223 and 224 expire or are sooner cancelled—

(a) a person who, before the appointed day, was employed to undertake duties in relation to gaming machines at tabaret premises within the meaning of the Principal Act of a kind required under that Act to be undertaken only by a holder of a licence under Division 4 or 5 of Part 3 of that Act, may, with the approval of the Director, continue to undertake those duties as if licensed under Division 4 or 5 of that Part, as the case requires;

(b) a gaming machine type, or a game, declared by the Minister to be of a kind similar to gaming machine types or games to which section 69(6) of the Principal Act applies and approved by the Minister is deemed to be approved under section 69 of that Act;

S. 225 amended by No. 98/1994 s. 11(2).

s. 225

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Act No. 37/1994

158

* * * * *

(d) the following agreements are deemed to be approved under section 68 of the Principal Act—

(i) the agreement dated 20 May 1993 between TAB and Golden Point Management Pty. Ltd, A.C.N. 055 144 502 (as varied by an agreement dated 11 November 1993);

(ii) the agreement dated 29 November 1993 between TAB and Fortunes Bendigo Pty. Ltd, A.C.N. 016 250 762 (as varied by an agreement dated 16 March 1994);

(e) the rules made under section 78 of the Principal Act and in force before the appointed day apply with respect to tabaret premises within the meaning of that Act only to the extent to which the Minister determines by notice in writing given to the licensee within the meaning of this Act.

225A. Inspectors

A person who is an inspector under section 104 immediately before the commencement of section 73 of the Interactive Gaming (Player

Protection) Act 1999 is deemed to have been appointed as an inspector for the purposes of that Act.

__________________

S. 225(c) repealed by No. 88/2000 s. 28.


s. 225A

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Act No. 37/1994

159

* * * * *

__________________

* * * * *

═══════════════

Pt 17 (Heading and ss 226–228) repealed by No. 90/1997 s. 38(g).

Pt 18 (Heading and ss 229–235) repealed by No. 90/1997 s. 38(h).

s. 226

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Act No. 37/1994

160

ENDNOTES

1. General Information

Minister's second reading speech—

Legislative Assembly: 28 April 1994

Legislative Council: 25 May 1994

The long title for the Bill for this Act was "A Bill to make provision for the

undertaking of certain wagering, betting and gaming businesses under

licence, to amend the Racing Act 1958, the Gaming Control Act 1991, the

Club Keno Act 1993, the Casino Control Act 1991 and certain other Acts

and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 28 April 1994


Absolute majorities:

Legislative Assembly: 17 May and 20 May 1994


The Gaming and Betting Act 1994 was assented to on 2 June 1994 and

came into operation as follows:

Part 1 (sections 1–5) on 2 June 1994: section 2(1); sections 6–13, 22–26,

28–30, 51, 52, 54, 72, 82–112, 127–173, 195–197, 198(1)(2), 199–203, 207,

208(a)–(d)(g), 209(a)–(c)(i)(d)–(f), 210(1)(a)(2), 211, 212(a)–(h)

paragraph (i) sub-paragraph (i)(j)–(p), 213(1)(3)(5)(6)(8), 214–217,

218(1)(a)(ii)(b)(ii)(c)(ii)(d)(ii)(e)(f)(iii)(g) paragraph (i) sub-paragraph (ii),

219, 220(1)(2), 222–226, 227(2)–(4), 228, 229(a)–(g)(k)–(p), 230, 233(a)(b)

on 3 June 1994: Special Gazette (No. 31) 2 June 1994 page 1; section 62 on

9 June 1994: Government Gazette 9 June 1994 page 1410—see

Interpretation of Legislation Act 1984; sections 191, 234, 235 on 1 July

1994: Government Gazette 23 June 1994 page 1669; rest of Act (except

sections 194(5), 206, 229(h)–(j), 231) on 15 August 1994: Special Gazette

(No. 55) 15 August 1994 page 1; sections 194(5), 206, 229(h)–(j), 231 on

2 June 1995: section 2(3).

Endnotes

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Act No. 37/1994

161

2. Table of Amendments

This Version incorporates amendments made to the Gaming and Betting

Act 1994 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Gaming and Betting (Amendment) Act 1994, No. 98/1994

Assent Date: 13.12.94

Commencement Date: S. 10 on 2.6.94: s. 2(2); s. 11(1) on 15.8.94: s. 2(3);

s. 11(2) on 2.6.94: s. 2(4); ss 3–9 on 30.3.95: s. 2(6)

Current State: This information relates only to the provision/s

amending the Gaming and Betting Act 1994

Equal Opportunity Act 1995, No. 42/1995


Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95

p. 2731; Sch. 2 item 18 on 1.1.96: Government

Gazette 21.12.95 p. 3571



Gaming Acts (Amendment) Act 1995, No. 44/1995


Commencement Date: Ss 23–26 on 14.6.95: s. 2(1)



Superannuation Acts (Amendment) Act 1996, No. 4/1996


Commencement Date: S. 134(3) on 18.6.96: s. 2(1)



Gaming Acts (Amendment) Act 1996, No. 17/1996

Assent Date: 2.7.96

Commencement Date: S. 34 on 2.7.96: s. 2(1)



Gaming Acts (Further Amendment) Act 1997, No. 15/1997

Assent Date: 6.5.97

Commencement Date: Ss 3–7 on 6.5.97: 2(1)



Gaming No. 2 Act 1997, No. 16/1997

Assent Date: 6.5.97




Endnotes

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Act No. 37/1994

162

Gaming Acts (Miscellaneous Amendment) Act 1997, No. 90/1997


Commencement Date: S. 37 on 6.5.97: s. 2(3); ss 36, 38 on 9.12.97: s. 2(1)



Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998


Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)



Transfer of Land (Single Register) Act 1998, No. 85/1998


Commencement Date: S. 24(Sch. item 26) on 1.1.99: s. 2(3)



Gaming Acts (Further Amendment) Act 1998, No. 90/1998


Commencement Date: Ss 15, 16 on 24.11.98: s. 2(1)



Racing and Betting Acts (Amendment) Act 1998, No. 97/1998



p. 2998



Interactive Gaming (Player Protection) Act 1999, No. 41/1999

Assent Date: 8.6.99

Commencement Date: Ss 73, 74 on 9.11.00: Government Gazette 9.11.00

p. 2667



National Taxation Reform (Consequential Provisions) Act 2000, No. 6/2000





Statute Law Revision Act 2000, No. 74/2000


Commencement Date: S. 3(Sch. 1 item 54) on 2.6.94: s. 2(2)(k)



Endnotes

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Act No. 37/1994

163

Gambling Legislation (Miscellaneous Amendments) Act 2000, No. 88/2000


Commencement Date: Ss 28, 31, 32, 34 on 1.2.01: Government Gazette

1.2.01 p. 129; s. 30 on 22.3.01: Government Gazette

22.3.01 p. 485; ss 29, 33, 35 on 28.8.01: Government

Gazette 23.8.01 p. 1928



Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001,

No. 11/2001

Assent Date: 8.5.01

Commencement Date: S. 3(Sch. item 29) on 1.6.01: s. 2(2)



Racing and Betting Acts (Amendment) Act 2001, No. 16/2001



p. 1076; s. 35 on 1.7.01: s. 2(3)



Racing (Racing Victoria Ltd) Act 2001, No. 35/2001


Commencement Date: S. 7 on 19.12.01: Special Gazette (No. 233) 19.12.01

p. 1



Corporations (Consequential Amendments) Act 2001, No. 44/2001


Commencement Date: S. 3(Sch. item 53) on 15.7.01: s. 2



Statute Law (Further Revision) Act 2002, No. 11/2002


Commencement Date: S. 3(Sch. 1 item 25) on 24.4.02: s. 2(1)



Gaming Legislation (Amendment) Act 2002, No. 38/2002


Commencement Date: Ss 20–25 on 19.6.02: s. 2(1)



Australian Crime Commission (State Provisions) Act 2003, No. 52/2003


Commencement Date: S. 52(Sch. 1 item 3) on 17.6.03: s. 2(1)



Endnotes

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Act No. 37/1994

164

Gambling Regulation Act 2003, No. 114/2003


Commencement Date: S. 12.1.4 on 17.12.03: s. 1.2(1)



–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes

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Act No. 37/1994

165

3. Explanatory Details

No entries at date of publication.

Endnotes

gaming and betting act 1994 - legislation.vic.gov.aufile/94-37a035.pdf · gaming and betting act...

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