{"id":"casino-control-act-1991","name":"Casino Control Act 1991","slug":"casino-control-act-1991","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176370,"registerId":"vic-casino-control-act-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"28A","sectionType":"section","heading":"On-going monitoring of associates and others 60","content":"28A On-going monitoring of associates and others 60\n\n28AB Restriction on associates acquiring or increasing relevant interests 63\n\n28AC Application for approval for associate to acquire relevant interest 64\n\n28AD Determination of application 65\n\n28AE Requirement to reduce relevant interest 66\n\n28B Costs of investigating and monitoring associates and likely associates 66\n\nDivision 1B—Disciplinary action in relation to corporate associates 67\n\n28C Grounds for disciplinary action in relation to corporate associates 67\n\n28D Commission may take disciplinary action against corporate associate 68\n\nDivision 2—Contracts 69\n\n29 Definitions 69\n\n30 Requirements for controlled contracts 71\n\n31 Notice to be given of certain contracts 73\n\n32 Notice to show cause why contract should not be terminated 73\n\n33 Effect of termination 74\n\n34 Offence—giving effect to terminated contract 74\n\n35 Parties to contracts to provide information 74\n\nDivision 2A—Undertakings 75\n\n35A Undertakings 75\n\n35B Breach of undertaking 76\n\nDivision 3—Injunctions 76\n\n36 Injunctions to prevent contraventions etc. 76\n\nDivision 4—Special manager for Melbourne Casino Operator 77\n\n36A Definitions 77\n\n36B Appointment of special manager for Melbourne Casino Operator 78\n\n36C Functions of special manager 79\n\n36D General powers of special manager 80\n\n36E Power to give directions to Melbourne Casino Operator 81\n\n36F Power to require information 82\n\n36G Reports of special manager 84\n\n36H Commission consideration of special manager's report 86\n\n36I Cancellation of Melbourne Casino Licence 88\n\n36J Relationship with section 25 investigations 89\n\n36K Staffing, contractors and delegation 89\n\n36L Immunity for special manager and delegates 90\n\n36M Special manager or delegate not an associate of Melbourne Casino Operator 90\n\n36N Melbourne Casino Operator to pay costs and expenses related to special manager 90\n\n36O Obstruction or interference with special manager or delegates 92\n\n36P Criminal liability of officers of Melbourne Casino Operator—accessorial liability 92\n\n36Q Procedural fairness 93\n\n36R This Division to prevail 93\n\nPart 3A—Corporate ownership and governance of casino operators 95\n\nDivision 1—Preliminary 95\n\n36S Application of Part 95\n\n36T Extraterritorial operation 95\n\nDivision 2—Shareholding approval 95\n\n36U Restrictions on acquiring relevant interests 95\n\n36V Application for approval to acquire relevant interest 96\n\n36W Determination of application 97\n\n36X Investigation of approved persons 98\n\n36Y Notice to reduce relevant interest 99\n\n36Z Costs of investigations 100\n\n36ZA Establishing who holds relevant interests 100\n\n","sortOrder":0},{"sectionNumber":"Div 3","sectionType":"division","heading":"Corporate governance 101","content":"Division 3—Corporate governance 101\n\n36ZB Casino operator to have independent board 101\n\n36ZC Casino operator to have independent senior management 102\n\nPart 4—Licensing of casino employees 103\n\n37 Definitions 103\n\n38 Special employees to be licensed 104\n\n39 Application for licence 105\n\n40 Direction to apply for licence 106\n\n41 Updating of application for licence 108\n\n42 Commission may require further information 108\n\n43 Applications to be investigated 109\n\n44 Determination of applications 110\n\n45 Conditions of licence 111\n\n45A Person licensed under Gambling Regulation Act 2003 112\n\n45B Appeals 112\n\n46 Identification 113\n\n47 Provisional licences 114\n\n48 Duration of licence 115\n\n49 Renewal of licence 115\n\n50 Variation of licence 116\n\n51 Loss etc. of licence 116\n\n52 Cancellation etc. of licence 117\n\n53 Suspension of licence 119\n\n54 Effect etc. of suspension 120\n\n54A Return of licence on suspension or cancellation 120\n\n55 Termination of employment on suspension or cancellation of licence 121\n\n56 Casino operator to provide information relating to licensees 121\n\n57 Change in situation of licensee 123\n\n58 Training courses for employees 123\n\n58A Compulsory training for special employees in relation to gaming machines 125\n\n58B Commission may approve training courses and refresher courses 127\n\nPart 5—Casino operations 128\n\nDivision 1—Approval of premises and games 128\n\n59 Casino layout to be as approved by Commission 128\n\n60 Approval of games and rules for games 129\n\n61 Directions as to number of games to be available 131\n\n62 Approval of gaming equipment 132\n\nDivision 2—Gaming machines 133\n\n62AA Gaming machines must be located indoors 133\n\n","sortOrder":1},{"sectionNumber":"62A","sectionType":"section","heading":"Gaming machines in casinos 134","content":"62A Gaming machines in casinos 134\n\n62AB Banning large denomination note acceptors and autoplay facilities 135\n\n62AC Spin rates 135\n\n62B Linked jackpots unlawful without approval 136\n\n62C Mandatory pre-commitment 136\n\nDivision 3—Conduct of gaming and entry to casino 138\n\n63 Unsatisfactory gaming equipment 138\n\n64 Conduct of gaming 138\n\n64A Cashless gaming requirements 141\n\n64B Payment of winnings 142\n\n65 Times of operation of casinos 145\n\n66 Assistance to patrons 145\n\n67 Operation of security equipment etc. 147\n\n68 Credit and accounts 147\n\n68A Prohibition on credit facilities relating to cashless gaming 151\n\n69 Responsible Gambling Code of Conduct is a condition of licence 151\n\n70 Right of entry to a casino 151\n\n71 Police powers of entry to a casino 152\n\nDivision 3A—Carded play 153\n\n71A Application of Division 153\n\n71B Issue of player cards 153\n\n71C Carded play mandatory 154\n\n71D Requirement to join or participate in loyalty scheme for carded play prohibited 154\n\n71E Player activity statements 155\n\nDivision 4—Exclusion orders 156\n\n72 Exclusion orders 156\n\n73 Appeal to Commission 158\n\n74 Exclusion orders by Chief Commissioner of Police 159\n\n74A Procedure on application for review 160\n\n74B Appointment of special counsel 163\n\n75 Duration of exclusion orders 164\n\n76 List of excluded persons 164\n\n76A Temporary exclusion orders 166\n\n76B Excluded person not to enter casino or casino complex—operator offence 166\n\n76C Excluded person not to gamble in casino—operator offence 167\n\n77 Excluded person not to enter casino or casino complex—excluded person offence 167\n\n77A Proceedings against certain excluded persons 168\n\n78 Removal of excluded persons from casino 168\n\n78AA Notification requirements for exclusion orders made under section 74 169\n\n78AB Power of Commission and inspectors to notify 170\n\n78A No advertising to excluded persons 170\n\n78B Forfeiture of winnings 171\n\n78C No issue of player card to excluded persons 172\n\nDivision 5—General 172\n\n79 Gambling in the casino by certain persons prohibited 172\n\n79A Gratuities etc. 173\n\n80 Possession of certain things prohibited 173\n\n81 Detention of suspected person 174\n\n81AA Limiting withdrawals and advances from cash facilities 175\n\n81AAA Limiting placement of automatic teller machines and alternative cash access facilities 175\n\n81AAB Payment of winnings by cheque or electronic funds transfer 176\n\n81AAC Gambling or betting by intoxicated persons prohibited 178\n\n81AAD Junkets prohibited 178\n\nPart 5A—Approved betting competitions 179\n\n81A Approval of betting competitions 179\n\n81B Events 180\n\n81C Notice of approved betting competition 180\n\n81D Conditions of approval 180\n\n81E Only persons in casino may take part in betting competitions 180\n\n81F Approval of totalisator 181\n\n81G Betting competition not to be conducted without betting rules 181\n\n81H Casino operator to make betting rules 181\n\n81I Commissions—totalisators 183\n\n81K Recovery of amounts owing 183\n\n81L Dividends 184\n\n81M Unclaimed refunds, dividends and prizes 184\n\n81N Casino (Management Agreement) Act does not apply 185\n\nPart 7—Casino regulation 186\n\nDivision 1—Preliminary 186\n\n93 Definition 186\n\nDivision 3—Inspectors 186\n\n105 Rights of inspector on casino premises 187\n\n106 Functions of inspectors 188\n\n107 Mandatory reporting of reportable conduct 189\n\n108 Access to security and surveillance facilities, books and records 190\n\nPart 8—Fees, taxation etc. 192\n\n112A Premium payment 192\n\n112B Supervision charge—imposition 193\n\n112C Supervision charge—appropriation of Consolidated Fund 193\n\n115 Returns to gaming machine players 195\n\n116 Interest on overdue amounts 195\n\n118 Recovery of amounts owing 196\n\n120 Offences relating to revenue 196\n\nPart 9—Casino internal controls 198\n\n121 Approved system of controls and procedures to be implemented 198\n\n122 Content of approved system 199\n\n123 Banking 202\n\n124 Record-keeping 203\n\n125 Statement of accounts 204\n\n126 Books etc. to be kept on casino premises 204\n\n127 Audit 205\n\n128 Submission of reports 205\n\nPart 9A—The Melbourne Casino 206\n\nDivision 1—Introductory 206\n\n128A Definitions 206\n\n128B Plans 207\n\n128C Changes in Melbourne Casino area and site 208\n\nDivision 2—Casino development 209\n\n128D Amendment of planning scheme 209\n\n128E Administration of Building Act 211\n\n128F Application of Heritage Act 212\n\n128G Environment effects 213\n\nDivision 3—Powers over land 213\n\n128H Acquisition 213\n\n128I Acquisition of land under other legislation 214\n\n128J Application of Land Acquisition and Compensation Act 215\n\n128K Powers over Crown land 216\n\n128L Road closure 219\n\n128M Revocation of reservations 219\n\n128N No compensation payable by Crown 220\n\nDivision 4—General 220\n\n128O Dispute resolution 220\n\n128Q Bodies may be required to act promptly 222\n\n128R Registrar of Titles to make necessary amendments to records 222\n\nDivision 5—Limitation of jurisdiction of Supreme Court 222\n\n128S Supreme Court—Limitation of jurisdiction 222\n\nPart 10—Powers and functions of the Commission 224\n\n141 Functions of the Commission 224\n\n142 Authority may enter into agreements 226\n\nPart 11—General 229\n\n150 No liability in respect of things done before agreement 229\n\n150A Use of name including word *casino* 229\n\n153B Forgery and impersonation 231\n\n153C Conduct in casino 232\n\n155 Appeals 232\n\n156 No right to compensation for cancellation etc. 233\n\n157 No liability for implementing Royal Commission recommendations 233\n\n158 Certain actions not open to challenge 234\n\n159 Supreme Court—limitation of jurisdiction 235\n\n165 Forfeiture of offending articles 236\n\n166 Information gathering for law enforcement purposes 236\n\n167 Regulations 237\n\n168 Transitional provisions for the Gambling Regulation Act 2003 244\n\n169 Transitional provisions—Racing and Gaming Acts (Police Powers) Act 2005 245\n\n170 Transitional provisions—Casino Control (Amendment) Act 2005 245\n\n171 Transitional provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007 245\n\n172 Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011 245\n\n173 Transitional provisions—Gambling Legislation Amendment Act 2015 246\n\n174 Transitional provision—Casino and Gambling Legislation Amendment Act 2021 246\n\n175 Transitional provisions—Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022 246\n\nSchedules 248\n\nSchedule 1—Melbourne Casino area 248\n\nSchedule 2—Melbourne Casino site 249\n\nSchedule 3—Transitionals—Gambling Regulation Act 2003 250\n\nSchedule 4—Transitional provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007 260\n\nSchedule 5—Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011 261\n\nEndnotes 263\n\n1 General information 263\n\n2 Table of Amendments 265\n\n3 Explanatory details 275\n\n**Version No.** **111**\n\n**Casino Control Act 1991**\n\n**No. 47 of 1991**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\nS. 1 substituted by No. 55/2005 s. 6.\n\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to establish a system for the licensing, supervision and control of casinos with the aims of—\n\n(i) ensuring that the management and operation of casinos remains free from criminal influence or exploitation; and\n\n(ii) ensuring that gaming in casinos is conducted honestly; and\n\n(iii) promoting tourism, employment, and economic development generally in the State;\n\n(b) to provide for actions that may be taken by the Chief Commissioner of Police with the aim of ensuring that the casino complex remains free from criminal influence or exploitation.\n\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Sections 7, 14, 15, 142, 151, 153 and 167 come into operation on the day on which this Act receives the Royal Assent.\n\n(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *alternative cash access facility* inserted by No. 32/2012 s. 31(1), amended by No. 23/2025 s. 74(Sch. 1 item 1.1(a)).\n\n***alternative cash access facility*** means a facility that—\n\n(a) enables a person to debit the person's funds without another person employed or engaged by the casino enabling the debit of those funds; and\n\n(b) issues a receipt or other authority requiring the casino to pay to that person cash representing the amount debited;\n\nS. 3(1) def. of *approved betting competition* inserted by No. 36/1994 s. 4.\n\n***approved betting competition*** means a betting competition of a kind or class approved by the Minister under Part 5A;\n\nS. 3(1) def. of *associate* inserted by No. 42/2022 s. 15.\n\n***associate***, in relation to a casino operator or an applicant for a casino licence—see section 4;\n\nS. 3(1) def. of *authorised deposit-taking institution* inserted by No. 11/2001 s. 3(Sch. item 10.1), repealed by No. 28/2022 s. 3.\n\nS. 3(1) def. of *authorised person* substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(a)).\n\n***authorised person*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *Authority* substituted by No. 37/1994 s. 229(a).\n\n***Authority*** means the Victorian Casino and Gaming Authority established under the **Gaming and Betting Act 1994**;\n\nS. 3(1) def. of *betting rules* inserted by No. 36/1994 s. 4.\n\n***betting rules*** means rules made by the casino operator in accordance with this Act for approved betting competitions;\n\nS. 3(1) def. of *bingo centre operator* inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(k)).\n\n***bingo centre operator*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *cash facility* inserted by No. 38/2002 s. 3(1), amended by Nos 32/2012 s. 31(2), 23/2025 s. 74(Sch. 1 item 1.1(b)).\n\n***cash facility*** means—\n\n(a) an automatic teller machine; or\n\n(b) an EFTPOS facility; or\n\n(ba) an alternative cash access facility; or\n\n(c) any other prescribed facility that enables a person to gain access to the person's funds or to credit;\n\nS. 3(1) def. of *cashless gaming account* inserted by No. 42/2022 s. 34(1)(a).\n\n***cashless gaming account*** means an account established for a person to facilitate the use of a non-cash gaming token for gaming in a casino;\n\n***casino*** means premises, or part of premises, defined as a casino for the time being under section 17;\n\nS. 3(1) def. of *casino complex* inserted by No. 55/2005 s. 7(a), amended by No. 53/2017 s. 70(1).\n\n***casino complex*** means that part of the land shown in the colour grey on the plan lodged in the Central Plan Office and numbered LEGL./05–141 that is open to the public but excluding that part of the land shown coloured grey and hatched on Crown Allotment 58E that is a road running under the building on that land;\n\n***casino employee*** means an employee having functions in or in relation to a casino;\n\n***casino licence*** means a licence granted under Part 2;\n\n**c*asino operator*** means a person who is the holder of a licence;\n\nS. 3(1) def. of *chips* substituted by No. 42/2022 s. 34(1)(b).\n\n***chips*** means any tokens, other than non‑cash gaming tokens, used instead of money for the purpose of gaming;\n\nS. 3(1) def. of *Commission* inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(k)), amended by No. 58/2011 s. 93(a), substituted by No. 54/2021 s. 39.\n\n***Commission*** means Victorian Gambling and Casino Control Commission established under Part 2 of the **Victorian Gambling and Casino Control Commission Act 2011**;\n\nS. 3(1) def. of *commis-sioner* inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(k)).\n\n***commissioner*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *corporate associate* inserted by No. 40/2025 s. 3.\n\n***corporate associate***, in relation to a casino operator or an applicant for a casino licence—see section 4(6);\n\nS. 3(1) def. of *decision* substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(b)).\n\n***decision*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *deposit account* inserted by No. 42/2022 s. 34(1)(a).\n\n***deposit account*** means an account established for a person under section 68(3);\n\nS. 3(1) def. of *Director* repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(j)).\n\nS. 3(1) def. of *director* inserted by No. 42/2022 s. 15.\n\n***director*** has the meaning given in section 9 of the Corporations Act;\n\nS. 3(1) def. of *electronic monitoring system* inserted by No. 93/1993 s. 4(1)(a).\n\n***electronic monitoring system*** means any electronic or computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment;\n\n***employ*** includes engage under a contract for services;\n\nS. 3(1) def. of *exclusion order* amended by Nos 17/1996 s. 24(a), 38/2002 s. 3(2)(a), 55/2005 s. 7(b).\n\n***exclusion order*** means a written or oral order under section 72 or a written order under section 74 prohibiting a person from entering, or remaining in, a casino or the casino complex;\n\nS. 3(1) def. of *Executive Commis-sioner* inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(k)), repealed by No. 58/2011 s. 93(b).\n\nS. 3(1) def. of *fully automated table game* inserted by No. 40/2025 s. 3.\n\n***fully automated table game*** means a table game which comprises multi-terminal stations that access and have connectivity with a base unit that is delivered using a fully automated, animated or electronic system with no part of any mechanical or manual device remaining;\n\n***game*** means a game of chance or a game that is partly a game of chance and partly a game requiring skill;\n\nS. 3(1) def. of *Gaming Commission* inserted by No. 93/1993 s. 4(1)(b), repealed by No. 37/1994 s. 229(b).\n\nS. 3(1) def. of *gaming equipment* amended by Nos 93/1993 s. 4(1)(c), 41/1999 s. 75(a), substituted by No. 28/2022 s. 10.\n\n***gaming equipment*** means any device or thing (including chips) used, or capable of being used, for or in connection with gaming and includes—\n\n(a) a gaming machine; and\n\n(b) linked jackpot equipment; and\n\n(c) an electronic monitoring system; and\n\n(d) a part of, or replacement part for, any such machine, equipment or system;\n\nS. 3(1) def. of *gaming machine* inserted by No. 93/1993 s. 4(1)(d), amended by No. 41/1999 s. 75(b), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(c)).\n\n***gaming machine*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *gaming operator* inserted by No. 44/1995 s. 4, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(d)), repealed by No. 28/2022 s. 3.\n\nS. 3(1) def. of *holding company* inserted by No. 42/2022 s. 15.\n\n***holding company*** has the meaning given in section 9 of the Corporations Act;\n\nS. 3(1) def. of *illicit drug* inserted by No. 26/2022 s. 3(1).\n\n***illicit drug*** means a drug the possession of which is a contravention of the law;\n\nS. 3(1) def. of *inspector* substituted by Nos 37/1994 s. 229(c), 17/1996 s. 24(b), 114/2003 s. 12.1.2 (Sch. 5 item 1(e)).\n\n***inspector*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *interstate Chief Commis-sioner* inserted by No. 38/2002 s. 3(2)(b), amended by No. 37/2014 s. 10(Sch. item 12.1(b)).\n\n***interstate Chief Commissioner*** means the chief officer (however designated) of the police force or police service of another State or a Territory;\n\nS. 3(1) def. of *interstate exclusion order* inserted by No. 38/2002 s. 3(2)(b), substituted by No. 58/2015 s. 3.\n\n***interstate exclusion order*** means an order, direction or notice that is made or given by an interstate Chief Commissioner and that either—\n\n(a) excludes a person from an interstate casino or a part of an interstate casino; or\n\n(b) requires another person to exclude a person (whether by order, direction, notice or otherwise) from an interstate casino or a part of an interstate casino;\n\nS. 3(1) def. of *jackpot* inserted by No. 93/1993 s. 4(1)(e).\n\n***jackpot*** means the combination of letters, numbers, symbols or representations required to be displayed on the reels or video screen of a gaming machine so that the winnings in accordance with the prize payout scale displayed on the machine are payable from money which accumulates as contributions are made to a special prize pool;\n\nS. 3(1) def. of *junket* inserted by No. 36/1994 s. 4, substituted by No. 54/2021 s. 3(2).\n\n***junket*** means—\n\n(a) an arrangement whereby a person or a group of people is introduced to a casino operator by a junket organiser or promoter who receives a commission based on the turnover of play in the casino attributable to the persons introduced by the organiser or promoter or otherwise calculated by reference to such play; or\n\n(b) an arrangement prescribed by the regulations for the purposes of this paragraph;\n\n***licence***, except in Part 4, means a licence granted under Part 2;\n\nS. 3(1) def. of *linked jackpot arrangement* inserted by No. 93/1993 s. 4(1)(f).\n\n***linked jackpot arrangement*** means an arrangement whereby 2 or more gaming machines are linked to a device that—\n\n(a) records, from time to time, an amount which, in the event of a jackpot or other result being obtained on one of those machines, may be payable, or part of which may be payable, as winnings; and\n\n(b) for the purpose of recording the amount referred to in paragraph (a), receives data from each gaming machine to which the device is linked; and\n\n(c) is not capable of affecting the outcome of a game on a gaming machine to which the device is linked;\n\nS. 3(1) def. of *linked jackpot equipment* inserted by No. 93/1993 s. 4(1)(f).\n\n***linked jackpot equipment*** means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement;\n\nS. 3(1) def. of *loan sharking* inserted by No. 26/2022 s. 3(1).\n\n***loan sharking*** means the offering of a loan or any other credit in connection with any gaming or betting in a casino, other than—\n\n(a) by the casino operator under section 68; or\n\n(b) by an ADI;\n\nS. 3(1) def. of *maladminis-tration* inserted by No. 54/2021 s. 3(1)(a).\n\n***maladministration*** includes conduct that—\n\n(a) is based in whole or part on improper motives; or\n\n(b) is unreasonable, unjust or oppressive; or\n\n(c) is negligent;\n\nS. 3(1) def. of *Melbourne Casino Licence* inserted by No. 54/2021 s. 3(1)(a).\n\n***Melbourne Casino Licence*** means the licence granted to the Melbourne Casino Operator on 19 November 1993;\n\nS. 3(1) def. of *Melbourne Casino Operator* inserted by No. 54/2021 s. 3(1)(a).\n\n***Melbourne Casino Operator*** has the same meaning as in section 4 of the **Casino (Management Agreement) Act 1993**;\n\nS. 3(1) def. of *member of staff* inserted by No. 54/2021 s. 3(1)(a).\n\n***member of staff***, of the special manager, means—\n\n(a) an employee referred to in section 36K(1); or\n\n(b) any staff referred to in section 36K(2)(a); or\n\n(c) a person engaged under section 36K(2)(b);\n\nS. 3(1) def. of *money* inserted by No. 42/2022 s. 34(1)(a).\n\n***money*** includes bank notes, cheques, drafts provided by an ADI, non-cash gaming tokens and any order, warrant, commission or request for the payment, collection or receipt of money;\n\nS. 3(1) def. of *money laundering* inserted by No. 26/2022 s. 3(1).\n\n***money laundering*** has the same meaning as in section 5 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;\n\nS. 3(1) def. of *non-cash gaming token* inserted by No. 42/2022 s. 34(1)(a).\n\n***non-cash gaming token*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *officer* inserted by No. 26/2022 s. 3(1).\n\n***officer*** has the meaning given in section 9 of the Corporations Act;\n\nS. 3(1) def. of *operations* amended by No. 36/1994 s. 20(a).\n\n***operations***, in relation to a casino, means—\n\n(a) the conduct of gaming and approved betting competitions in the casino;\n\n(b) the management and supervision of the conduct of gaming and approved betting competitions in the casino;\n\n(c) money counting in, and in relation to, the casino;\n\n(d) accounting procedures in, and in relation to, the casino;\n\n(e) the use of storage areas in the casino;\n\n(f) other matters affecting or arising out of, activities in the casino;\n\nS. 3(1) def. of *operator* inserted by No. 44/1995 s. 4, amended by No. 16/1997 s. 115(a), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(j)).\n\nS. 3(1) def. of *player card* inserted by No. 42/2022 s. 34(2).\n\n***player card*** means a card that stores information and that—\n\n(a) can be used to identify a person to whom it is issued (the ***player***); and\n\n(b) can be used by the player to apply a time limit or net loss limit to their playing of games in a casino; and\n\n(c) may also be capable of being used by the player to track their playing of games in a casino for the purposes of a loyalty scheme;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 12.1(a)), repealed by No. 26/2022 s. 3(2).\n\n ** * * * **\n\nS. 3(1) def. of *premium player arrangement* inserted by No. 36/1994 s. 4, amended by No. 73/1996 s. 9.\n\n***premium player arrangement*** means an arrangement whereby a casino operator agrees to pay a patron of the casino a commission based on the patron's turnover of play in the casino or otherwise calculated by reference to such play;\n\nS. 3(1) def. of *public interest* or *interest of the public* amended by Nos 88/2000 s. 36, 55/2005 s. 7(c), 54/2021 s. 3(1)(b).\n\n***public interest*** or ***interest of the public*** means public interest or interest of the public (except in section 74 or 36G) having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of casino operations;\n\n***record*** includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other matter or by any other means;\n\nS. 3(1) def. of *refund* inserted by No. 36/1994 s. 4.\n\n***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;\n\nS. 3(1) def. of *relevant interest* inserted by No. 42/2022 s. 15.\n\n***relevant interest***, in relation to a casino operator, a holding company or an applicant for a casino licence, means a relevant interest (within the meaning of section 9 of the Corporations Act) in the issued capital of the casino operator, holding company or applicant;\n\nS. 3(1) def. of *report of the Royal Commission into the Casino Operator and Licence* inserted by No. 54/2021 s. 3(1)(a).\n\n***report of the Royal Commission into the Casino Operator and Licence***, means the Report of the Royal Commission into the Casino Operator and Licence delivered to the Governor on 15 October 2021;\n\nS. 3(1) def. of *reportable conduct* inserted by No. 26/2022 s. 3(1).\n\n***reportable conduct*** means—\n\n(a) loan sharking; or\n\n(b) money laundering; or\n\n(c) the sale or supply of illicit drugs; or\n\n(d) any other prescribed conduct;\n\nS. 3(1) def. of *Responsible Gambling Code of Conduct* inserted by No. 72/2007 s. 52.\n\n***Responsible Gambling Code of Conduct*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *Royal Commission into the Casino Operator and Licence* inserted by No. 54/2021 s. 3(1)(a).\n\n***Royal Commission into the Casino Operator and Licence*** means the inquiry conducted by the Commissioner appointed under section 5 of the **Inquiries Act 2014** by the Letters Patent dated 22 February 2021 and the amendments to the Letters Patent dated 25 February 2021 and 10 June 2021, copies of which were published in the Government Gazette on those dates;\n\nS. 3(1) def. of *semi automated table game* inserted by No. 40/2025 s. 3.\n\n***semi automated table game*** means a table game which comprises multi-terminal stations that access and have connectivity with a base unit, but which still deliver the game using any mechanical or manual device;\n\nS. 3(1) def. of *special manager* inserted by No. 54/2021 s. 3(1)(a).\n\n***special manager*** means a person appointed under section 36B;\n\nS. 3(1) def. of *spin* inserted by No. 38/2002 s. 3(3), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(f)).\n\n***spin*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *spin rate* inserted by No. 38/2002 s. 3(3), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(g)).\n\n***spin rate*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *table game* inserted by No. 40/2025 s. 3.\n\n***table game*** means a game that has been approved under section 60 as a \"table game\";\n\nS. 3(1) def. of *temporary exclusion order* inserted by No. 42/2022 s. 28.\n\n***temporary exclusion order*** means an order given under section 76A;\n\n***this Act*** includes the regulations;\n\nS. 3(1) def. of *ticket* inserted by No. 36/1994 s. 4.\n\n***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;\n\nS. 3(1) def. of *totalisator* inserted by No. 36/1994 s. 4, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(h)).\n\n***totalisator*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *traditional table game* inserted by No. 40/2025 s. 3.\n\n***traditional table game*** means a table game that is not a fully automated table game or a semi automated table game;\n\nS. 3(1) def. of *venue operator* inserted by No. 44/1995 s. 4, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(i)).\n\n***venue operator*** has the same meaning as in the **Gambling Regulation Act 2003**.\n\n(2) In this Act—\n\n(a) a reference to a function includes a reference to a power, authority or duty; and\n\n(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.\n\nS. 3(3) inserted by No. 93/1993 s. 4(2).\n\n(3) The Governor in Council, on the recommendation of the Authority, may, by Order published in the Government Gazette, declare a machine, or type of machine, to be a gaming machine.\n\nS. 3A inserted by No. 72/2007 s. 53, amended by No. 23/2025 s. 74(Sch. 1 item 1.2).\n\n","sortOrder":6},{"sectionNumber":"3A","sectionType":"section","heading":"What is intoxication?","content":"\t3A What is intoxication?\n\nFor the purposes of this Act, a person is in a state of intoxication if the person's speech, balance, co‑ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor.\n\nNote to s. 3A amended by Nos 58/2011 s. 104(Sch. item 1), 26/2022 s. 4.\n\nThe Victorian Liquor Commission issues guidelines containing information about how to determine whether a person is in a state of intoxication. See section 3AB of the **Liquor Control Reform Act 1998**.\n\nS. 4 (Heading) amended by No. 40/2025 s. 4(1).\n\nS. 4 amended by Nos 17/1996 s. 25, 54/2021 s. 4, substituted by No. 42/2022 s. 16.\n\n","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of *associate* and *corporate associate*","content":"\t4 Meaning of *associate* and *corporate associate*\n\n(1) Subject to subsection (2), each of the following is an ***associate*** of a casino operator or an applicant for a casino licence for the purposes of this Act—\n\n(a) a holding company of the operator or applicant;\n\n(b) a person who holds a relevant interest of 5% or more in—\n\n(i) the operator or applicant; or\n\n(ii) a holding company of the operator or applicant;\n\n(c) an officer of—\n\n(i) the operator or applicant; or\n\n(ii) a holding company of the operator or applicant;\n\n(d) a person who is or will be able to exercise a significant influence over, or in connection with, the management or operation of the casino business of the operator or applicant, because the person—\n\n(i) is or will be entitled to receive income derived from the casino business; or\n\n(ii) is or will have power to participate in a directorial, senior managerial or executive decision; or\n\n(iii) is or will have power to elect or appoint an officer;\n\n(e) a person declared by the Commission under subsection (4).\n\n(2) The regulations may prescribe a person or class of person not to be an associate of a casino operator or an applicant for a casino licence for the purposes of this Act.\n\n(3) For the purposes of subsection (1)(d), it is irrelevant whether the significant influence is or will be exercisable—\n\n(a) in the person's own right or on behalf of another person; or\n\n(b) by the person alone or in association with another person.\n\n(4) Subject to subsection (5), the Commission, by written notice to a casino operator or an applicant for a casino licence, may declare that a person specified in the notice is an associate of the operator or applicant.\n\n(5) The Commission may declare a person to be an associate of a casino operator or an applicant for a casino licence under subsection (4) only if the Commission considers that the person has or will have an influence that the Commission considers to be significant over the management, ownership or operation of the casino business of the operator or applicant.\n\nS. 4(6) inserted by No. 40/2025 s. 4(2).\n\n(6) For the purposes of this Act, an associate of a casino operator or an applicant for a casino licence is a ***corporate associate*** if the associate is a company within the meaning of the Corporations Act.\n\nS. 5 amended by No. 37/1994 s. 229(d), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 2).\n\n","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licensing of casinos","content":"Part 2—Licensing of casinos\n\nPt 2 Div. 1 (Heading) inserted by No. 42/2022 s. 3(a).\n\n","sortOrder":9},{"sectionNumber":"Div 1","sectionType":"division","heading":"Legality of casinos","content":"Division 1—Legality of casinos\n\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Licensed casinos declared lawful","content":"\t6 Licensed casinos declared lawful\n\nS. 6(1) amended by Nos 93/1993 s. 5, 114/2003 s. 12.1.2 (Sch. 5 item 3(a)).\n\n(1) Subject to this Act and the **Gambling Regulation Act 2003**, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted, and the gaming equipment is provided, in a casino by or on behalf of the casino operator.\n\nS. 6(1A) inserted by No. 36/1994 s. 17.\n\n(1A) Despite the provisions of any other Act or law, a bet made in an approved betting competition and the use of a totalisator in such a competition are lawful when the competition is conducted in accordance with this Act.\n\nS. 6(2) amended by Nos 36/1994 s. 20(b), 16/1997  \ns. 115(b), 114/2003 s. 12.1.2 (Sch. 5 item 3(b)).\n\n(2) Except to the extent (if any) that the regulations otherwise provide, and except to the extent that Chapter 3 of the **Gambling Regulation Act 2003** otherwise provides, that Act does not apply to the conduct and playing of a game or approved betting competition and the use of gaming equipment when the game or approved betting competition is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator.\n\n(3) This section does not operate to enable a proceeding to be brought to recover—\n\nS. 6(3)(a) amended by No. 36/1994 s. 20(c).\n\n(a) money won in the course of gaming or betting in a casino; or\n\nS. 6(3)(b) amended by No. 28/2022 s. 11.\n\n(b) money or a cheque or an electronic funds transfer or other instrument given in payment of money so won; or\n\nS. 6(3)(c) amended by No. 36/1994 s. 20(c).\n\n(c) a loan of money to be wagered in the course of gaming or betting in a casino—\n\nunless the money was won from or wagered with a casino operator.\n\n(4) The conduct of operations in a casino in accordance with this Act and the conditions of the relevant casino licence is not a public or private nuisance.\n\nPt 2 Div. 2 (Heading) inserted by No. 42/2022 s. 3(b).\n\n","sortOrder":11},{"sectionNumber":"Div 2","sectionType":"division","heading":"Licence application process","content":"Division 2—Licence application process\n\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Ministerial directions as to requirements for casinos","content":"\t7 Ministerial directions as to requirements for casinos\n\n(1) The Minister must ensure that—\n\n(a) no expressions of interest in the establishment of a casino are called for; and\n\n(b) no invitations for applications for casino licences are issued; and\n\n(c) no application for a casino licence is received—\n\nunder or for the purposes of this Act unless regulations are in force prescribing—\n\n(d) the maximum permissible number of casinos;\n\n(e) the permissible locations for casinos;\n\n(f) the required style and size of casinos generally or of any particular casino;\n\n(g) such other matters (if any) as the Minister considers relevant to the expressions of interest, invitations or applications.\n\nS. 7(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(2) The Commission must not grant a casino licence if to do so would be inconsistent with the regulations.\n\nS. 7(3) amended by No. 34/1993 s. 17(1).\n\n(3) An amendment or purported amendment of a provision of regulations referred to in subsection (1), being a provision prescribing a matter referred to in subsection (1)(d), (e), (f) or (g), is void if it is made after any expressions of interest in the establishment of a casino are called for, invitations for casino licences issued, or application for a casino licence received.\n\nS. 7(4) inserted by No. 93/1993 s. 6.\n\n(4) Subsection (2) and regulations made under this section do not apply to the establishment of the Melbourne Casino on the temporary casino site referred to in Part 9A.\n\n","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Application for casino licence","content":"\t8 Application for casino licence\n\nS. 8(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(1) A person may on or after 1 December 1992 apply to the Commission to be granted a casino licence.\n\nS. 8(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(2) An application for a licence must be made in a form in or to the effect of the form approved by the Commission and must be accompanied by the prescribed fee.\n\nS. 8(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4), substituted by No. 72/2007 s. 54.\n\n(3) The application must—\n\n(a) be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and\n\n(b) contain or be accompanied by any additional information the Commission requires.\n\nS. 8(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(4) If a requirement made by this section is not complied with, the Commission  may refuse to consider the application.\n\nS. 8(5) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(5) If an application is refused under subsection (4) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.\n\n","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Matters to be considered in determining applications","content":"\t9 Matters to be considered in determining applications\n\nS. 9(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(1) The Commission must not grant an application for a casino licence unless satisfied that the applicant, and each associate of the applicant (as defined in section 4), is a suitable person to be concerned in or associated with the management and operation of a casino.\n\nS. 9(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(2) In particular, the Commission must consider whether—\n\n(a) each such person is of good repute, having regard to character, honesty and integrity;\n\n(b) each such person is of sound and stable financial background;\n\n(c) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;\n\n(d) the applicant has or is able to obtain financial resources that are adequate to ensure the financial viability of the proposed casino and the services of persons who have sufficient experience in the management and operation of a casino;\n\n(e) the applicant has sufficient business ability to establish and maintain a successful casino;\n\nS. 9(2)(f) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(f) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources;\n\nS. 9(2)(g) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 4).\n\n(g) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity.\n\n","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Investigation of application","content":"\t10 Investigation of application\n\nS. 10(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 5(a)).\n\n(1) On receiving an application for a casino licence, the Commission must cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.\n\nS. 10(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 5(a)).\n\n(2) In particular, the Commission—\n\nS. 10(2)(a) amended by No. 23/2025 s. 74(Sch. 1 item 1.3(a)).\n\n(a) may require any person it is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino to consent to having the person's photograph, finger prints and palm prints taken;\n\n(b) must refer a copy of the application and of any such photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police.\n\nS. 10(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 5(a)(b)).\n\n(3) The Chief Commissioner of Police must inquire into and report to the Commission on such matters concerning the application as the Commission  requests.\n\nS. 10(4) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 5(a)), 23/2025 s. 74(Sch. 1 item 1.3(b)).\n\n(4) The Commission  may refuse to consider an application for a casino licence if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow the taking of any photograph, finger prints or palm prints.\n\nS. 11 (Heading) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 6).\n\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Commission may require further information etc.","content":"\t11 Commission may require further information etc.\n\nS. 11(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 7).\n\n(1) The Commission may, by notice in writing, require a person who is an applicant for a casino licence or a person whose association with the applicant is, in the opinion of the Commission, relevant to the application to do any one or more of the following—\n\n(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\n\n(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\n\n(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\n\nS. 11(1)(d) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 7), 42/2022 s. 17.\n\n(d) to furnish to the Commission  any authorities and consents that the Commission  directs for the purpose of enabling the Commission  to obtain information (including financial and other confidential information) concerning the person and the person's relations from other persons.\n\nS. 11(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 7).\n\n(2) If a requirement made under this section is not complied with, the Commission may refuse to consider the application concerned.\n\nNote to s. 11 inserted by No. 54/2021 s. 5.\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section.\n\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Updating of application","content":"\t12 Updating of application\n\nS. 12(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 7).\n\n(1) If a change occurs in the information provided in or in connection with an application for a casino licence (including in any documents lodged with the application), before the application is granted or refused, the applicant must forthwith give the Commission written particulars of the change verified by statutory declaration.\n\nS. 12(1A) inserted by No. 88/2000 s. 37(1), amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 7).\n\n(1A) If—\n\nS. 12(1A)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 7).\n\n(a) the Commission requires information (including information in any records) from a person referred to in section 11 whose association with the applicant is in the opinion of the Commission  relevant to the application; and\n\n(b) a change occurs in that information before the application is granted or refused—\n\nthat person must forthwith give the Commission written particulars of the change.\n\nS. 12(2) amended by No. 88/2000 s. 37(2).\n\n(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 subsection (1) or (1A) to any further change in the information provided.\n\nNote to s. 12 inserted by No. 54/2021 s. 6.\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section.\n\nPt 2 Div. 3 (Heading) inserted by No. 42/2022 s. 3(c).\n\nDivision 3—Granting casino licence\n\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Determination of applications","content":"\t13 Determination of applications\n\nS. 13(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 7).\n\n(1) The Commission  must determine an application by either granting or refusing the application and must notify the applicant in writing of its decision.\n\nS. 13(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 7).\n\n(2) A licence may be granted subject to such conditions as the Commission thinks fit.\n\n(3) Without limiting the matters to which conditions may relate, the conditions of a licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.\n\nS. 13(4) repealed by No. 88/2000 s. 38.\n\n(5) If an application is granted, the licence is granted for the term, subject to the conditions and for the location specified in the licence.\n\nS. 13A inserted by No. 74/2010 s. 22.\n\n","sortOrder":19},{"sectionNumber":"13A","sectionType":"section","heading":"Licence not personal property","content":"\t13A Licence not personal property\n\nFor the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.\n\nS. 14 amended by No. 38/2002 s. 4 (ILA s. 39B(1)).\n\n","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Authority may agree to exclusivity","content":"\t14 Authority may agree to exclusivity\n\n(1) On or after 1 December 1992, the Authority may, with the approval of the Minister, enter into an agreement with a person, in connection with the grant of a casino licence to the person, binding the Authority for a specified period not to grant another casino licence for a location within a specified distance from the location of the person's casino or not to grant another casino licence for a casino of a specified kind for such a location.\n\nS. 14(2) inserted by No. 38/2002 s. 4.\n\n(2) The Authority cannot enter into any agreement under this section on or after the commencement of section 4 of the **Gaming Legislation (Amendment) Act 2002**.\n\nS. 14(3) inserted by No. 38/2002 s. 4, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 8).\n\n(3) Subsection (2) does not prevent the Authority or the Commission from amending or varying any agreement made under this section before the commencement referred to in that subsection after that commencement in accordance with the terms of the agreement.\n\n","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Management agreement","content":"\t15 Management agreement\n\nS. 15(1) amended by Nos 94/1993 s. 18(a)(b), 114/2003 s. 12.1.2 (Sch. 5 item 9).\n\n(1) The Commission must not grant a licence unless—\n\n(a) an agreement in writing has been entered into on or after 1 December 1992 between the Minister for and on behalf of the State and the proposed casino operator identifying the casino to be the subject of the licence and containing any terms and conditions that the Minister thinks fit; and\n\nS. 15(1)(b) inserted by No. 94/1993 s. 18(b).\n\n(b) the Agreement has been ratified by the Parliament.\n\nS. 15(2) amended by No. 94/1993 s. 18(c).\n\n(2) An agreement referred to in subsection (1) may be varied by the parties but has no effect unless it is ratified by the Parliament.\n\n","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Amendment of conditions","content":"\t16 Amendment of conditions\n\n(1) The conditions of a casino licence may be amended in accordance with this section.\n\n(2) An amendment may be proposed—\n\nS. 16(2)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 9).\n\n(a) by the casino operator by requesting the Commission in writing to make the amendment; or\n\nS. 16(2)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 9).\n\n(b) by the Commission  by giving notice in writing of the proposed amendment to the casino operator.\n\nS. 16(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 9).\n\n(3) The Commission must give the casino operator at least 14 days to make submissions to the Commission concerning any proposed amendment (whether proposed by the Commission  or the licensee) and must consider the submissions made.\n\nS. 16(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 9).\n\n(4) The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the casino operator of its decision.\n\nS. 16(5) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 9).\n\n(5) Any amendment that the Commission decides upon takes effect when notice of the decision is given to the casino operator or on any later date that may be specified in the notice.\n\nS. 17 (Heading) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 10).\n\n","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Commission to define casino premises","content":"\t17 Commission to define casino premises\n\n(1) The boundaries of a casino, as at the time when the casino licence is granted, must be defined by the casino licence within the location for which the licence is granted.\n\nS. 17(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 11).\n\n(2) The Commission may from time to time redefine the boundaries of a casino, at the location for which the licence is granted, as the Commission  thinks fit and may do so of its own motion or on the application of the casino operator.\n\n(3) An application for the redefining of the boundaries of a casino must be accompanied by the prescribed fee.\n\nS. 17(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 11).\n\n(4) The defining or redefining of the boundaries of a casino takes effect when the Commission  gives written notice of it to the casino operator concerned or any later date specified in the notice.\n\nS. 17(5) inserted by No. 42/2022 s. 35.\n\n(5) The Commission must publish a copy of each notice given under subsection (4) in the Government Gazette and on its website as soon as practicable after the notice is given to the casino operator.\n\nS. 18 amended by No. 73/2014 s. 3 (ILA s. 39B(1)).\n\n","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Duration of casino licence","content":"\t18 Duration of casino licence\n\n(1) A casino licence remains in force for the period for which it was granted, as specified in the licence, unless it is sooner cancelled or surrendered under this Act.\n\nS. 18(2) inserted by No. 73/2014 s. 3.\n\n(2) Despite subsection (1), the Melbourne Casino Licence remains in force until 18 November 2050, unless it is sooner cancelled or surrendered under this Act.\n\nS. 18(3) inserted by No. 73/2014 s. 3.\n\n(3) The Commission must amend the Melbourne Casino Licence to reflect the operation of subsection (2) and issue the amended licence to the Melbourne Casino Operator.\n\nS. 18(4) inserted by No. 73/2014 s. 3.\n\n(4) Section 16 does not apply to the amendment of the Melbourne Casino Licence under subsection (3).\n\nS. 18(5) inserted by No. 73/2014 s. 3, repealed by No. 54/2021 s. 7.\n\nS. 19 amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12).\n\n","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Mortgage etc. of casino licence","content":"\t19 Mortgage etc. of casino licence\n\nA casino operator must not mortgage, charge or otherwise encumber the casino licence except with the prior approval of the Commission.\n\nPt 2 Div. 4 (Heading) inserted by No. 42/2022 s. 3(d).\n\n","sortOrder":26},{"sectionNumber":"Div 4","sectionType":"division","heading":"Disciplinary action and surrender of licence","content":"Division 4—Disciplinary action and surrender of licence\n\nS. 20 (Heading) inserted by No. 54/2021 s. 8(1).\n\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Disciplinary action","content":"\t20 Disciplinary action\n\nS. 20(1) def. of *disciplinary action* amended by No. 54/2021 s. 8(2), substituted by No. 40/2025 s. 5.\n\n***disciplinary action*** means any of the following—\n\n(a) the cancellation or suspension of a casino licence;\n\n(b) the issuing of a letter of censure;\n\n(c) the variation of the terms of a casino licence;\n\n(d) the imposition of—\n\n(i) a fine not exceeding $100 000 000; and\n\n(ii) if the grounds for disciplinary action include failure to comply with a direction given by the Commission in relation to the Melbourne Transformation Plan developed by the Melbourne Casino Operator, an additional fine not exceeding $1 000 000 for every day of non-compliance with that direction while the Melbourne Transformation Plan remains in force;\n\nS. 20(1) def. of *grounds for disciplinary action* amended by Nos 17/1996 s. 26(1), 72/2007 s. 55, 56/2010 s. 72, 4/2014 s. 48, 54/2021 s. 8(3)(4), 26/2022 s. 5, 14/2023 s. 59.\n\n***grounds for disciplinary action*** in relation to a casino licence means any of the following grounds—\n\n(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for refusing it;\n\n(b) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or the **Gambling Regulation Act 2003** or a condition of the licence;\n\n(ba) that the casino operator has contravened an agreement referred to in section 3.8A.15 or 3.8A.16 of the **Gambling Regulation Act 2003**;\n\n(bab) that the casino operator has contravened—\n\n(i) a provision of the **Gambling Taxation Act 2023** or regulations made under that Act; or\n\n(ii) a provision of the **Taxation Administration Act 1997**, or regulations made under that Act, as that provision relates to the **Gambling Taxation Act 2023** or regulations made under the **Gambling Taxation Act 2023**;\n\n(bb) that the casino operator has failed to implement a recommendation of the Commission under section 24 or 25;\n\n(c) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations;\n\n(d) that the casino operator is, for specified reasons, considered to be no longer a suitable person to hold the licence;\n\n(da) that the casino operator has failed to comply with a direction under section 28A(5) within the time referred to in that subsection to terminate an association with an associate;\n\n(dab) that the casino operator has breached an undertaking given under section 35A;\n\n(db) that the casino operator has breached the casino operator's Responsible Gambling Code of Conduct;\n\n(dc) that the Royal Commission into the Casino Operator and Licence has found that the Melbourne Casino Operator or an associate of the Melbourne Casino Operator has engaged in conduct that—\n\n(i) is illegal; or\n\n(ii) constitutes serious misconduct;\n\n(e) for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force.\n\nS. 20(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12).\n\n(2) The Commission  may serve on a casino operator a notice in writing affording the casino operator an opportunity to show cause within 14 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.\n\nS. 20(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12).\n\n(3) The casino operator, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission  must consider any submissions so made.\n\nS. 20(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12).\n\n(4) The Commission  may then take disciplinary action against the casino operator as the Commission sees fit and does so by giving written notice to the casino operator—\n\n(a) of the cancellation or suspension of the casino licence, the variation of the terms of the licence or the imposition of the fine; or\n\nS. 20(4)(b) amended by No. 17/1996 s. 26(2).\n\n(b) in the form of a letter of censure; or\n\nS. 20(4)(c) inserted by No. 17/1996 s. 26(2).\n\n(c) any combination of the sanctions referred to in paragraph (a) or paragraphs (a) and (b).\n\n(5) The cancellation, suspension or variation of a casino licence under this section takes effect when the notice is given or on a later date specified in the notice.\n\n(6) A letter of censure may censure the casino operator in respect of any matter connected with the operation of the casino and may include a direction to the casino operator to rectify within a specified time any matter giving rise to the letter of censure.\n\nS. 20(7) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12).\n\n(7) If any direction given under subsection (6) is not complied with in the specified time, the Commission may by giving written notice to the casino operator, cancel, suspend or vary the terms of the casino licence or impose a fine not exceeding $1 000 000 without affording the casino operator a further opportunity to be heard.\n\n(8) A casino licence is of no effect for the purposes of section 6 while it is suspended but the suspension does not affect its operation for any other purpose.\n\n(9) A fine imposed under this section may be recovered as a debt due to the State.\n\nS. 20(10) inserted by No. 17/1996 s. 26(3), amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12).\n\n(10) A member of the Commission who has participated in consideration of disciplinary action is not prevented by that reason alone from considering whether further disciplinary action should be taken.\n\nS. 20(11) inserted by No. 54/2021 s. 8(5).\n\n(11) During the period of appointment of the special manager under Division 4 of Part 3, the Commission cannot take disciplinary action under this section consisting of the cancellation or suspension of the Melbourne Casino Licence on any ground that consists of or relies on a finding or recommendation of the Royal Commission into the Casino Operator and Licence, unless—\n\n(a) the special manager in writing recommends that the Commission take that disciplinary action; or\n\n(b) the disciplinary action arises from a request from the Minister following an investigation under section 24.\n\nS. 20(12) inserted by No. 54/2021 s. 8(5).\n\n(12) To avoid doubt, nothing in subsection (11) prevents the Commission from taking disciplinary action other than cancellation or suspension of the Melbourne Casino Licence on any ground that consists of or relies on a finding or recommendation of the Royal Commission into the Casino Operator and Licence.\n\nS. 20(13) inserted by No. 54/2021 s. 8(5).\n\n(13) Subject to subsection (11), the Commission may take disciplinary action under this section on any ground that consists of or relies on a finding of the Royal Commission into the Casino Operator and Licence without serving a notice on the Melbourne Casino Operator under subsection (2) or affording the Operator an opportunity to make submissions or be heard in relation to the matter under subsection (3) or otherwise.\n\nS. 20(14) inserted by No. 54/2021 s. 8(5).\n\n(14) Subsection (13) applies despite anything in section 25(3)(b) of the **Victorian Gambling and Casino Control Commission Act 2011**.\n\nS. 20(15) inserted by No. 54/2021 s. 8(5).\n\n(15) Despite section 40 of the **Inquiries Act 2014**, for the purposes of taking disciplinary action in relation to the Melbourne Casino Licence or the Melbourne Casino Operator under this section, the Commission may use—\n\n(a) any information contained in the report of the Royal Commission into the Casino Operator and Licence; and\n\n(b) any information that is otherwise publicly available.\n\nS. 20A inserted by No. 54/2021 s. 9.\n\n","sortOrder":28},{"sectionNumber":"20A","sectionType":"section","heading":"Payment of Commission's costs of disciplinary action","content":"\t20A Payment of Commission's costs of disciplinary action\n\n(1) If the Commission takes disciplinary action against a casino operator under section 20(4), the Commission, by written notice, may require the casino operator to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs and expenses of the Commission in—\n\n(a) investigating whether the grounds for disciplinary action are made out; and\n\n(b) considering any submissions made by the casino operator under section 20(3); and\n\n(c) preparing for and taking the disciplinary action.\n\n(2) A notice under subsection (1) must set out—\n\n(a) the amount to be paid by the casino operator; and\n\n(b) how that amount was calculated; and\n\n(c) when that amount must be paid to the Commission.\n\n(3) If the casino operator does not pay the amount by the time for payment set out in the notice, the Commission, by giving written notice to the casino operator, may suspend the casino licence, without affording the casino operator a further opportunity to be heard, until the amount is paid.\n\n(4) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.\n\n","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Surrender of licence","content":"\t21 Surrender of licence\n\nS. 21(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12).\n\n(1) A casino operator may surrender the casino licence by giving notice in writing to the Commission.\n\nS. 21(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12).\n\n(2) The surrender takes effect only if the Commission consents to the surrender.\n\nPt 2 Div. 5 (Heading and ss 21A–22E) amended by Nos 34/1993 s. 6, 93/1993 s. 7, 114/2003 s. 12.1.2 (Sch. 5 item 12), 42/2022 ss 3(e), 25–27, repealed by No. 30/2023 s. 3.\n\nPt 2A (Heading and ss 22F–22O) inserted by No. 30/2023 s. 4.\n\n","sortOrder":30},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Statutory management of casino","content":"Part 2A—Statutory management of casino\n\nS. 22F inserted by No. 30/2023 s. 4.\n\n","sortOrder":31},{"sectionNumber":"22F","sectionType":"section","heading":"Definitions","content":"\t22F Definitions\n\nIn this Part—\n\n***after-acquired property*** means property referred to in section 22H(1)(g);\n\n***casino operator***, in the case of a casino licence that has been cancelled or surrendered, means the person who formerly held the licence;\n\n***managed property*** means all the property of a casino operator in relation to casino operations;\n\n***manager***, in relation to a casino, means a manager of the casino appointed under section 22G;\n\n***net earnings*** means the income attributable to the conduct of casino operations less any taxes payable on that income;\n\n***property*** means—\n\n(a) PPSA retention of title property within the meaning of the Corporations Act; or\n\n(b) any other form of, or interest in, real or personal property;\n\n***security interest*** has the meaning given in section 51A of the Corporations Act.\n\nS. 22G inserted by No. 30/2023 s. 4.\n\n","sortOrder":32},{"sectionNumber":"22G","sectionType":"section","heading":"Appointment of manager if licence suspended, cancelled or surrendered","content":"\t22G Appointment of manager if licence suspended, cancelled or surrendered\n\n(1) If a casino licence is suspended, cancelled or surrendered, the Commission may, if it is satisfied that it is in the public interest to do so, by instrument appoint a manager of the casino.\n\n(2) In appointing a person to be a manager, the Commission must have regard to the suitability of the person.\n\n(3) A manager is appointed on the terms and conditions that the Commission thinks fit.\n\n(4) The appointment of a manager of a casino may be terminated at any time by the Commission and is terminated by the grant of another casino licence in respect of the casino.\n\n(5) If the appointment of the manager is terminated, the manager ceases to be taken to be the holder of a casino licence.\n\nS. 22H inserted by No. 30/2023 s. 4.\n\n","sortOrder":33},{"sectionNumber":"22H","sectionType":"section","heading":"General functions and powers of manager","content":"\t22H General functions and powers of manager\n\n(1) Subject to subsection (2), a manager—\n\n(a) is taken to be the holder of a casino licence on the same terms as those on which the casino operator held the licence before its cancellation, suspension or surrender, subject to any modifications that the Commission determines; and\n\n(b) assumes full control of and responsibility for the business of the casino operator in respect of the casino, including—\n\n(i) the managed property; and\n\n(ii) the affairs of the casino operator in relation to casino operations; and\n\n(c) has authority to—\n\n(i) conduct casino operations under the licence taken to be held under paragraph (a); and\n\n(ii) manage the managed property and the affairs of the casino operator in relation to those casino operations; and\n\n(d) must conduct, or cause to be conducted, casino operations in accordance with this Act; and\n\n(e) has, in connection with the conduct of those operations, all the functions of the casino operator or an officer of the casino operator; and\n\n(f) may employ any staff as required to operate the casino; and\n\n(g) may acquire any property in relation to those casino operations; and\n\n(h) may sell or otherwise dispose of any managed property or after-acquired property; and\n\n(i) may transfer or novate any liabilities of the casino operator in relation to casino operations; and\n\n(j) may borrow money on the security of any managed property or after-acquired property; and\n\n(k) is taken to be the agent of the casino operator in connection with, or for the purpose of dealing with, any managed property and any contracts or other legal rights and liabilities under the control, management or responsibility of the manager under this section.\n\n(2) Nothing in subsection (1) applies in relation to any legal proceeding—\n\n(a) to which the casino operator was a party immediately before the manager's appointment; or\n\n(b) to which the casino operator becomes a party during the manager's appointment that relates to the casino operator's conduct of casino operations before that appointment.\n\n(3) In exercising a power of sale in respect of managed property, the manager must take all reasonable care to sell the property for—\n\n(a) if, when it is sold, it has a market value—not less than the market value; or\n\n(b) otherwise—the best price that is reasonably obtainable, having regard to the circumstances existing when the property is sold.\n\n(4) The proceeds of sale of managed property are to be applied as follows—\n\n(a) first, any amounts necessary to defray any debts of the casino operator to the State are payable;\n\n(b) secondly, amounts approved by the Commission to defray the reasonable expenses incurred by the manager in relation to the sale are payable;\n\n(c) thirdly, any remaining balance is to be paid to the casino operator.\n\n(5) Despite subsection (1)(k), any after-acquired property vests in the manager.\n\n(6) The regulations may make provision for or with respect to the manager's functions.\n\nS. 22I inserted by No. 30/2023 s. 4.\n\n","sortOrder":34},{"sectionNumber":"22I","sectionType":"section","heading":"Application of net earnings of casino under management","content":"\t22I Application of net earnings of casino under management\n\n(1) The net earnings of a casino while operations in the casino are being conducted by a manager are to be applied as follows—\n\n(a) first, amounts approved by the Commission to defray the reasonable costs and expenses of the manager, including remuneration, are payable from the net earnings;\n\n(b) secondly, a fair rate of return on the managed property is to be paid to the casino operator;\n\n(c) thirdly, any remaining balance is to be paid into the Consolidated Fund or to the casino operator, at the direction of the Commission.\n\n(2) If the net earnings of a casino are insufficient to pay the costs and expenses of the manager referred to in subsection (1)(a), the manager may recover the remainder of those costs and expenses from the casino operator in a court of competent jurisdiction as a debt.\n\nS. 22J inserted by No. 30/2023 s. 4.\n\n","sortOrder":35},{"sectionNumber":"22J","sectionType":"section","heading":"Indemnity for manager","content":"\t22J Indemnity for manager\n\n(1) A manager is entitled to be indemnified by the State in respect of any liabilities incurred in good faith by the manager in the performance of functions or exercise of powers as manager.\n\n(2) The terms and conditions of the indemnity under subsection (1) must be determined by the Commission at the time of the manager's appointment and approved by the Treasurer.\n\nS. 22K inserted by No. 30/2023 s. 4.\n\n","sortOrder":36},{"sectionNumber":"22K","sectionType":"section","heading":"Obligations of casino operator and officers","content":"\t22K Obligations of casino operator and officers\n\n(1) If a manager of a casino is appointed, the casino operator must—\n\n(a) use its best endeavours to facilitate the conduct of casino operations by the manager; and\n\n(b) without limiting paragraph (a), allow the manager and any staff or agent of the manager to enter and remain in the casino and any other premises owned or occupied by the casino operator as required by the manager to conduct casino operations.\n\n(2) If a manager of a casino is appointed, each officer of the casino operator must—\n\n(a) use the officer's best endeavours to facilitate the conduct of casino operations by the manager; and\n\n(b) without limiting paragraph (a), allow the manager and any staff or agent of the manager to enter and remain in the casino and any other premises owned or occupied by the casino operator as required by the manager to conduct casino operations.\n\n(3) Without limiting subsection (1), the casino operator must provide any shared services necessary for the conduct of casino operations by the manager.\n\n(4) The manager must make a reasonable contribution to the costs incurred by the casino operator in providing shared services.\n\n(5) In this section—\n\n***provide***, in relation to shared services, includes allow the use of, or access to, those services;\n\n***shared services*** means services (other than managed property) that, immediately before the appointment of the manager, the casino operator was using both in the conduct of casino operations and in the conduct of operations other than casino operations.\n\n1 Housekeeping and cleaning services\n\n2 Food and beverage services\n\n3 Car parking services\n\n4 Waste disposal\n\n5 Payroll and administrative services\n\n6 Staff training.\n\nS. 22L inserted by No. 30/2023 s. 4.\n\n","sortOrder":37},{"sectionNumber":"22L","sectionType":"section","heading":"Limit on third party rights","content":"\t22L Limit on third party rights\n\n(1) During the period of appointment of a manager of a casino, a person other than the manager is not entitled, without the prior written approval of the Commission, to—\n\n(a) enforce any security interest in managed property; or\n\n(b) take or enter into possession of managed property; or\n\n(c) levy execution on any judgment obtained against the casino operator; or\n\n(d) terminate, or exercise any rights adverse to the casino operator under, a contract with the casino operator, being a contract of a class determined by the Commission.\n\n(2) No right to compensation enforceable against the manager, the casino operator, the Commission or the State arises in relation to—\n\n(a) the operation of subsection (1); or\n\n(b) the refusal of the Commission to give approval under that subsection; or\n\n(c) the determination by the Commission of a class of contracts for the purpose of subsection (1)(d).\n\n(3) Managed property is declared to be an excluded matter for the purposes of section 259 of the Personal Property Securities Act 2009 of the Commonwealth in relation to the whole of that Act.\n\nS. 22M inserted by No. 30/2023 s. 4.\n\n","sortOrder":38},{"sectionNumber":"22M","sectionType":"section","heading":"What happens if casino operator goes into administration or liquidation?","content":"\t22M What happens if casino operator goes into administration or liquidation?\n\n(1) If an administrator or liquidator is appointed under the Corporations Act for a casino operator while the appointment of a manager is in effect—\n\n(a) all managed property is taken to have vested in the manager on the day before the day on which the administrator or liquidator is appointed; and\n\n(b) the manager ceases to act as agent of the operator on that appointment.\n\n(2) If a new licence is granted for the casino after the managed property has vested in the manager under subsection (1)(a), the managed property and any property acquired by the manager in connection with the conduct of casino operations vest in the holder of the new licence.\n\nS. 22N inserted by No. 30/2023 s. 4.\n\n","sortOrder":39},{"sectionNumber":"22N","sectionType":"section","heading":"Manager may apply to Court for directions, advice or declaratory relief","content":"\t22N Manager may apply to Court for directions, advice or declaratory relief\n\n(1) A manager may apply to the Supreme Court for directions, advice or declaratory relief under subsection (2) in relation to any matter arising in connection with the performance or exercise of any of the manager's functions or powers as manager.\n\n(2) On an application under subsection (1), the Supreme Court may do any one or more of the following in relation to any matter referred to in that subsection—\n\n(a) give any directions or advice that it considers appropriate to the manager;\n\n(b) grant declaratory relief to the manager;\n\n(c) make any order or do any other thing that it considers appropriate.\n\nS. 22O inserted by No. 30/2023 s. 4.\n\n","sortOrder":40},{"sectionNumber":"22O","sectionType":"section","heading":"Corporations legislation displacement","content":"\t22O Corporations legislation displacement\n\nThe provisions of this Part are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act.\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation specified in the State law with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.\n\nPart 3—Supervision and control of casino operators\n\nDivision 1—Directions, investigations etc.\n\n\t23 Directions to operator\n\nS. 23(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 13).\n\n(1) The Commission may give to a casino operator a written direction that relates to the conduct, supervision or control of operations in the casino and the operator must comply with the direction as soon as it takes effect.\n\n(2) The direction takes effect when the direction is given to the casino operator or on a later date specified in the direction.\n\nS. 23(3) substituted by No. 54/2021 s. 10.\n\n(3) The power conferred by this section includes a power to give any of the following directions to a casino operator—\n\n(a) to adopt, vary, cease or refrain from any practice in respect of the conduct of casino operations;\n\n(b) to engage at the casino operator's own cost, on the terms and conditions approved by the Commission, a person approved by the Commission to inquire into and report to the Commission on any matter relevant to the performance of the Commission's functions in relation to the casino operator or the conduct of casino operations.\n\nS. 23(3A) inserted by No. 54/2021 s. 10.\n\n(3A) On the request of a person engaged in accordance with a direction referred to in subsection (3)(b), the casino operator must give the person any information that the person reasonably requires to perform the person's functions.\n\nS. 23(3B) inserted by No. 54/2021 s. 10.\n\n(3B) A casino operator is not excused from complying with a request for information under subsection (3A) on the ground that the information is the subject of legal professional privilege.\n\nS. 23(3C) inserted by No. 54/2021 s. 10.\n\n(3C) Information does not cease to be the subject of legal professional privilege only because it is given to a person in accordance with a request under subsection (3A).\n\n(4) A direction under this section must not be inconsistent with this Act or the conditions of the casino licence.\n\n(5) If a person is convicted of an offence under this section and persists in the contravention that constitutes the offence, the person is to be taken to commit a further offence on each day that the contravention continues and may be prosecuted accordingly.\n\nPenalty for each such offence: 20 penalty units.\n\n","sortOrder":41},{"sectionNumber":"24","sectionType":"section","heading":"General investigations","content":"\t24 General investigations\n\nS. 24(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 13).\n\n(1) The Commission may investigate a casino from time to time and at any time that the Commission thinks it desirable to do so and, if it is directed to do so by the Minister, must investigate the casino.\n\n(2) The investigation may include (but is not limited to) an investigation of any or all of the following matters—\n\n(a) the casino and operations in the casino;\n\nS. 24(2)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 13).\n\n(b) the casino operator or a person who, in the opinion of the Commission, is an associate of the casino operator;\n\nS. 24(2)(c) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 13).\n\n(c) a person or persons who in the opinion of the Commission could affect the exercise of functions in or in relation to the casino; or\n\nS. 24(2)(d) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 13).\n\n(d) a person or persons who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over the casino operator, or an associate of the casino operator, in relation to functions in or in relation to the casino.\n\nS. 24(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 13).\n\n(3) The Commission 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.\n\nS. 24(3A) inserted by No. 54/2021 s. 11.\n\n(3A) In a report under subsection (3), the Commission may make any recommendations that the casino operator take or refrain from taking any action in relation to the matters that were the subject of the investigation within the time (if any) specified by the Commission.\n\nS. 24(3B) inserted by No. 54/2021 s. 11.\n\n(3B) The Commission must give written notice to the casino operator of any recommendations made by the Commission under this section.\n\nS. 24(4) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 14), amended by No. 58/2011 s. 94.\n\n","sortOrder":42},{"sectionNumber":"25","sectionType":"section","heading":"Regular investigations of casino operator's suitability etc.","content":"\t25 Regular investigations of casino operator's suitability etc.\n\nS. 25(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15), substituted by No. 47/2005 s. 3(1).\n\n(1) Not later than 3 years after the commencement of operations in a casino, and thereafter at intervals not exceeding 5 years, the Commission must investigate and form an opinion as to each of the following matters—\n\n(a) whether or not the casino operator is a suitable person to continue to hold the casino licence;\n\n(b) whether or not the casino operator is complying with this Act, the **Casino (Management Agreement) Act 1993**, the **Gambling Regulation Act 2003** and the regulations made under any of those Acts;\n\n(c) in the case of the Melbourne Casino Operator, whether or not the casino operator is complying with—\n\n(i) the transaction documents; and\n\n(ii) any other agreements between the Melbourne Casino Operator and the State, or a body representing the State, that impose obligations on the casino operator in relation to gaming;\n\n(d) whether or not it is in the public interest that the casino licence should continue in force.\n\nS. 25(1A) inserted by No. 47/2005 s. 3(2).\n\n(1A) In subsection (1)—\n\nS. 25(1A) def. of *Melbourne Casino Operator* repealed by No. 54/2021 s. 12(1).\n\n***transaction documents*** means Transaction Document as defined in the Agreement within the meaning of the **Casino (Management Agreement) Act 1993**.\n\nS. 25(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).\n\n(2) The Commission must report its findings and opinion to the Minister, giving reasons for its opinion and must take whatever action it considers appropriate in the light of its findings.\n\nS. 25(3) inserted by No. 54/2021 s. 12(2).\n\n(3) In a report under subsection (2), the Commission may make any recommendations that the casino operator take or refrain from taking any action in relation to the matters that were the subject of the investigation within the time (if any) specified by the Commission.\n\nS. 25(4) inserted by No. 54/2021 s. 12(2).\n\n(4) The Commission must give written notice to the casino operator of any recommendations made by the Commission under this section.\n\nS. 25A inserted by No. 54/2021 s. 13.\n\n","sortOrder":43},{"sectionNumber":"25A","sectionType":"section","heading":"Operator's duty to co-operate","content":"\t25A Operator's duty to co-operate\n\n(1) A casino operator and an associate of a casino operator has a duty to co-operate with the Commission, including a duty to—\n\n(a) comply in a frank manner with any reasonable request made by the Commission, or any person assisting the Commission, that has been made for the purposes of performing the functions or exercising the powers of the Commission; and\n\n(b) do everything necessary to ensure that the management and casino operations of the casino operator are conducted in a manner that is honest and fair.\n\nS. 25A(2) amended by No. 40/2025 s. 7.\n\n(2) A casino operator or an associate of a casino operator (other than a corporate associate) must comply with the duty under subsection (1).\n\n(3) Subsection (1) does not apply to the extent that complying with the duty imposed by that subsection would place the casino operator or associate in contravention of—\n\n(a) an enactment; or\n\n(b) an Act or subordinate instrument of the Commonwealth.\n\n","sortOrder":44},{"sectionNumber":"26","sectionType":"section","heading":"Operator to provide information","content":"\t26 Operator to provide information\n\nS. 26(1) amended by Nos 88/2000 s. 39(a)(b), 114/2003 s. 12.1.2 (Sch. 5 item 15).\n\n(1) The Commission may, by notice in writing, require a casino operator or a person who was a casino operator or a person who, in the opinion of the Commission, is or was directly or indirectly associated with the operator—\n\nS. 26(1)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).\n\n(a) to provide the Commission or an authorised person, in accordance with directions in the notice, with such information relevant to the operator or that association or to the casino, or with such information as the Commission requires, as is specified in the notice; or\n\nS. 26(1)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).\n\n(b) to produce to the Commission or an authorised person, in accordance with the directions in the notice, such records relevant to the operator or that association or to the casino, or to matters specified by the Commission, 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\n\nS. 26(1)(c) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).\n\n(c) to attend before the Commission or an authorised person for examination in relation to any matters relevant to the operator or that association or to the casino, or to matters specified by the Commission, and to answer questions relating to those matters.\n\nS. 26(1A) inserted by No. 54/2021 s. 14(1).\n\n(1A) A notice under subsection (1)(a) may require that the information to be provided is in the form of, or verified by, a statutory declaration or affidavit.\n\nS. 26(1B) inserted by No. 54/2021 s. 14(1).\n\n(1B) The Commission or an authorised person may require a person attending for examination in accordance with subsection (1)(c) to answer questions on oath or affirmation and, for that purpose, the person presiding at or conducting the examination may administer an oath or affirmation.\n\nS. 26(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15), substituted byNo. 54/2021 s. 14(2).\n\n(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.\n\nS. 26(2A) inserted by No. 54/2021 s. 14(2).\n\n(2A) If a natural person, before complying with the notice, claims in writing to the Commission 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—\n\n(a) proceedings under this Act; or\n\n(b) proceedings for an offence against section 10.5.16(1) of the **Gambling Regulation Act 2003** in relation to the giving of information under this section.\n\nS. 26(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).\n\n(3) If records are produced under this section, the Commission 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.\n\nS. 26(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).\n\n(4) At any reasonable times during the period for which records are retained, the Commission 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 Commission or an authorised person.\n\n(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.\n\nS. 26(6) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 16).\n\nNote to s. 26 inserted by No. 54/2021 s. 14(3).\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section.\n\nS. 27 (Heading) inserted by No. 54/2021 s. 15(1).\n\n","sortOrder":45},{"sectionNumber":"27","sectionType":"section","heading":"Failure to provide information or be sworn","content":"\t27 Failure to provide information or be sworn\n\nS. 27(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17), substituted by No. 54/2021 s. 15(2).\n\n(1) A person must not, without reasonable excuse, fail—\n\n(a) to comply with a requirement of a notice under section 26(1); or\n\n(b) to take an oath or make an affirmation as required under section 26(1B).\n\nS. 27(1A) inserted by No. 54/2021 s. 15(2).\n\n(1A) If the Commission is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of a notice under section 26(1) or to take an oath or make an affirmation as required under section 26(1B), the Commission may certify the failure to the Supreme Court.\n\nS. 27(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17).\n\n(2) If the Commission so certifies, the Supreme Court may inquire into the case and—\n\n(a) order the person to comply with the requirements within a period specified by the Court; or\n\n(b) if the Court is satisfied that the person failed, without reasonable excuse, to comply with the requirement—punish the person as if the person were in contempt of the Court and, if it thinks fit, also make an order under paragraph (a).\n\nS. 27A inserted by No. 54/2021 s. 16.\n\n","sortOrder":46},{"sectionNumber":"27A","sectionType":"section","heading":"Operator must notify Commission of significant breaches","content":"\t27A Operator must notify Commission of significant breaches\n\n(1) A casino operator must give the Commission written notice within the time specified in subsection (2), in the prescribed form (if any) and including the prescribed particulars (if any), if—\n\n(a) the casino operator or an associate of the casino operator breaches or is likely to breach—\n\n(i) this Act, the **Casino (Management Agreement) Act 1993** or the **Gambling Regulation Act 2003** or any regulations made under this Act or those Acts; or\n\n(ii) the casino operator's Responsible Gambling Code of Conduct; or\n\n(iii) the casino operator's system of internal controls and administrative and accounting procedures under section 121; or\n\n(iv) any agreements under section 15 or 142 to which the casino operator is a party; or\n\n(v) any other agreement between the casino operator and the State in relation to casino operations; or\n\n(vi) any direction given to, or recommendation made to, the casino operator by the Commission or the special manager; and\n\n(b) the breach or likely breach is significant.\n\n(2) Notice under subsection (1) must be given as soon as practicable, and in any case within 5 days, after the casino operator becomes aware of the breach or likely breach.\n\n(3) In determining whether a breach or likely breach is significant, regard must be had to—\n\n(a) the number and frequency of similar previous breaches or likely breaches; and\n\n(b) the impact or likely impact of the breach or likely breach; and\n\n(c) any other prescribed matters.\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section.\n\nPt 3 Div. 1A (Heading and s. 27B) inserted by No. 42/2022 s. 18.\n\n","sortOrder":47},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Change in situation of casino operator and associates","content":"Division 1A—Change in situation of casino operator and associates\n\n","sortOrder":48},{"sectionNumber":"27B","sectionType":"section","heading":"Extraterritorial operation","content":"\t27B Extraterritorial operation\n\n(1) This Division applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.\n\n(2) In particular, this Division extends to associates and holding companies outside Victoria including outside Australia.\n\n","sortOrder":49},{"sectionNumber":"28","sectionType":"section","heading":"Change in situation of casino operator","content":"\t28 Change in situation of casino operator\n\nS. 28(1) def. of *associate* repealed by No. 42/2022 s. 19.\n\n***major change*** in the situation existing in relation to a casino operator means—\n\n(a) any change in that situation which results in a person becoming an associate of the casino operator; or\n\n(b) any other change in that situation which is of a class or description prescribed as major for the purposes of this section;\n\n***minor change*** in the situation existing in relation to a casino operator means any change in that situation that is prescribed as a minor change for the purposes of this section.\n\n(2) A casino operator must—\n\nS. 28(2)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17).\n\n(a) ensure that a major change in the situation existing in relation to the operator which is within the operator's power to prevent occurring does not occur except with the prior approval in writing of the Commission; and\n\nS. 28(2)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17).\n\n(b) notify the Commission in writing of the likelihood of any major change in the situation existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change; and\n\nS. 28(2)(c) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17).\n\n(c) notify the Commission in writing of any major change in the situation existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and\n\nS. 28(2)(d) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17).\n\n(d) notify the Commission in writing of any minor change in the situation existing in relation to the operator within 14 days after becoming aware that the change has occurred.\n\nS. 28(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17).\n\n(3) If a major change for which the approval of the Commission is sought under this section involves a person becoming an associate of the casino operator, the Commission must not grant its approval unless satisfied that the person is a suitable person to be associated with the management of a casino.\n\n(4) Sections 10 and 11 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.\n\nS. 28(5) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17).\n\n(5) If a major change is proposed or has occurred involving a person becoming an associate of the casino operator and the approval of the Commission to the change is not required—\n\nS. 28(5)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17).\n\n(a) the Commission 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 casino; and\n\n(b) if it is not so satisfied, must take such action as it considers appropriate.\n\nS. 28AA inserted by No. 88/2000 s. 41, amended by No. 114/2003 s. 12.1.2 (Sch. 5 items 18, 19) (ILA s. 39B(1)).\n\n\t28AA Change in situation of associate\n\nS. 28AA(1) amended by No. 40/2025 s. 8(1).\n\n(1) Whenever a change of a kind specified by the Commission in writing given to an associate of a casino operator takes place in the situation existing in relation to the associate of the casino operator, the associate must notify the Commission in writing of the change within 14 days after it takes place.\n\nS. 28AA(1A) inserted by No. 40/2025 s. 8(2).\n\n(1A) An associate of a casino operator (other than a corporate associate) must comply with subsection (1).\n\nS. 28AA(2) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 19).\n\nS. 28A inserted by No. 17/1996 s. 27.\n\n\t28A On-going monitoring of associates and others\n\nS. 28A(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)).\n\n(1) The Commission may from time to time investigate—\n\n(a) an associate, or a person likely to become an associate, of a casino operator; or\n\n(b) any person, body or association having a business association with a person referred to in paragraph (a).\n\n(2) A casino operator must—\n\nS. 28A(2)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)).\n\n(a) notify the Commission in writing that a person is likely to become an associate as soon as practicable after the casino operator becomes aware of the likelihood; and\n\nS. 28A(2)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)).\n\n(b) take all reasonable steps to ensure that a person does not become an associate except with the prior approval in writing of the Commission.\n\nS. 28A(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)).\n\n(3) If the Commission, having regard to the matters referred to in subsection (4), determines that an associate is unsuitable to be concerned in or associated with the business of the casino operator, the Commission may, by notice in writing, require the associate to terminate the association with the casino operator.\n\nS. 28A(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)), substituted by No. 40/2025 s. 6.\n\n(4) For the purposes of subsection (3), the matters are—\n\n(a) whether the associate—\n\n(i) is of good repute, having regard to character, honesty and integrity; and\n\n(ii) is of sound and stable financial background; and\n\n(iii) has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and\n\n(b) if the associate is a corporate associate, whether the Commission has taken any disciplinary action against the corporate associate under Division 1B of Part 3.\n\nS. 28A(4A) inserted by No. 88/2000 s. 42, amended by No. 114/2003 s. 12.1.2 (Sch 5 item 20(a)(b)).\n\n(4A) If the Commission determines that an associate of a casino operator has engaged or is engaging in conduct that, in the Commission's opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the business of the casino operator, the Commission may—\n\n(a) issue a written warning to the associate that the conduct is unacceptable; or\n\nS. 28A(4A)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)).\n\n(b) give written notice to the associate requiring the associate to give a written undertaking to the Commission, within the period specified in the notice, regarding the future conduct of the associate.\n\nS. 28A(4B) inserted by No. 88/2000 s. 42, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)).\n\n(4B) If the associate fails to give an undertaking required under subsection (4A)(b) or breaches an undertaking given under that provision, the Commission may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Commission, the association with the casino operator.\n\nS. 28A(5) substituted by No. 88/2000 s. 42, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)).\n\n(5) If the association is not terminated within 14 days from the date of the notice referred to in subsection (3) or (4B) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the casino operator to take all reasonable steps to terminate the association and the casino operator must comply with the direction within 14 days or any longer period agreed with the Commission.\n\nS. 28A(6) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)).\n\n(6) The Commission—\n\nS. 28A(6)(a) amended by No. 23/2025 s. 74(Sch. 1 item 1.4).\n\n(a) may require an associate or person likely to become an associate to consent to having the associate's or person's photograph, finger prints and palm prints taken; and\n\n(b) must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police.\n\nS. 28A(7) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 21), amended by No. 58/2011 s. 94.\n\n(7) A function of the Commission under this section may be performed by any commissioner.\n\nS. 28AB inserted by No. 42/2022 s. 20.\n\n\t28AB Restriction on associates acquiring or increasing relevant interests\n\nIf a casino operator is a company, it is a condition of the casino licence that, without the prior approval of the Commission under section 28AD—\n\n(a) an associate of the operator who holds no relevant interest, or a relevant interest of less than 5%, in the operator does not acquire a relevant interest resulting in the associate holding a relevant interest of 5% or more in the operator; or\n\n(b) an associate of the operator who holds a relevant interest of 5% or more in the operator does not acquire any further relevant interest in the operator; or\n\n(c) an associate of the operator who holds no relevant interest, or a relevant interest of less than 5%, in a holding company of the operator does not acquire a relevant interest resulting in the associate holding a relevant interest of 5% or more in the holding company; or\n\n(d) an associate of the operator who holds a relevant interest of 5% or more in a holding company of the operator does not acquire any further relevant interest in the holding company.\n\nS. 28AC inserted by No. 42/2022 s. 20.\n\n\t28AC Application for approval for associate to acquire relevant interest\n\n(1) For the purposes of section 28AB, an associate may apply to the Commission for approval to acquire a relevant interest in a casino operator or a holding company of a casino operator.\n\n(2) An application must—\n\n(a) be in the form, and be made in the manner, approved by the Commission; and\n\n(b) contain or be accompanied by evidence of the suitability of the associate to acquire the relevant interest.\n\n(3) Sections 10 and 11 apply in relation to an application under this section as if a reference in those sections—\n\n(a) to an application for a casino licence were a reference to an application under this section; and\n\n(b) to an applicant for a casino licence were a reference to an applicant under this section; and\n\n(c) to a person the Commission is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino were a reference to an applicant under this section.\n\nS. 28AD inserted by No. 42/2022 s. 20.\n\n\t28AD Determination of application\n\n(1) The Commission must consider an application for approval made under section 28AC and must take into account—\n\n(a) the applicant's reason for acquiring the relevant interest; and\n\n(b) evidence of the applicant's suitability to acquire the relevant interest; and\n\n(c) if the applicant holds, or at any time held, a relevant interest in a casino operator or a holding company of a casino operator, the conduct of the applicant during that time; and\n\n(d) any undertakings given by the applicant as to their intended conduct after acquiring the relevant interest; and\n\n(e) any other matters the Commission considers relevant.\n\n(2) The Commission must determine the application by either granting the approval or refusing the application and must inform the applicant accordingly.\n\n(3) An approval under this section may be granted subject to any conditions that the Commission thinks fit.\n\nS. 28AE inserted by No. 42/2022 s. 20.\n\n\t28AE Requirement to reduce relevant interest\n\n(1) The Commission may give written notice to an associate who has acquired a relevant interest referred to in section 28AB without the approval of the Commission requiring the associate to reduce their relevant interest to what it was before the acquisition to which the notice relates within the time specified in the notice or the other time as agreed with the Commission.\n\n(2) An associate to whom a notice is given under this section must comply with the notice.\n\nPenalty: 480 penalty units.\n\n(3) On the application of the Commission, the Supreme Court may make any order it thinks appropriate to enforce compliance by an associate with a notice under this section, including an order that an associate dispose of shares or other securities within a specified time.\n\nS. 28B inserted by No. 54/2021 s. 17.\n\n","sortOrder":50},{"sectionNumber":"28B","sectionType":"section","heading":"Costs of investigating and monitoring associates and likely associates","content":"\t28B Costs of investigating and monitoring associates and likely associates\n\n(1) The Commission, by written notice, may require a person referred to in subsection (2) to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs of the Commission in—\n\n(a) investigating a major change for which approval is sought under section 28 that involves a person becoming an associate of a casino operator; or\n\n(b) specifying a change to an associate of a casino operator under section 28AA; or\n\n(c) conducting an investigation under section 28A, including for the purposes of—\n\n(i) giving a notice to a casino operator under section 28A(3) or (5); and\n\n(ii) issuing a warning to an associate under section 28A(4A)(a); and\n\nS. 28B(1)(c)(iii) amended by No. 42/2022 s. 21(1)(a).\n\n(iii) giving a notice to an associate under section 28A(4A)(b) or 28A(4B); or\n\nS. 28B(1)(d) inserted by No. 42/2022 s. 21(1)(b).\n\n(d) conducting an investigation for the purposes of determining an application for approval made under section 28AC.\n\n(2) The person is—\n\nS. 28B(2)(a) amended by No. 42/2022 s. 21(2)(a).\n\n(a) subject to paragraphs (b) and (c), the casino operator; or\n\nS. 28B(2)(b) amended by No. 42/2022 s. 21(2)(b).\n\n(b) subject to paragraph (c), the person who is, or is likely to become, an associate of the casino operator, if the Commission is satisfied that the casino operator is not responsible for the person becoming or being likely to become an associate; or\n\nS. 28B(2)(c) inserted by No. 42/2022 s. 21(2)(c).\n\n(c) in the case of subsection (1)(d), the associate who applied for approval.\n\n(3) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.\n\nPt 3 Div. 1B (Heading and ss 28C, 28D) inserted by No. 40/2025 s. 9.\n\n","sortOrder":51},{"sectionNumber":"Div 1B","sectionType":"division","heading":"Disciplinary action in relation to corporate associates","content":"Division 1B—Disciplinary action in relation to corporate associates\n\nS. 28C inserted by No. 40/2025 s. 9.\n\n","sortOrder":52},{"sectionNumber":"28C","sectionType":"section","heading":"Grounds for disciplinary action in relation to corporate associates","content":"\t28C Grounds for disciplinary action in relation to corporate associates\n\nEach of the following is a ground for disciplinary action in relation to a corporate associate—\n\n(a) the corporate associate has failed to comply with the corporate associate's duty to co-operate with the Commission under section 25A(1);\n\n(b) the corporate associate has failed to comply with a requirement of a notice under section 26(1);\n\n(c) the corporate associate has failed to notify the Commission of a change in the situation of the corporate associate as required under section 28AA(1);\n\n(d) the Commission considers that the corporate associate is unsuitable to be concerned in or associated with the business of the casino operator.\n\nS. 28D inserted by No. 40/2025 s. 9.\n\n","sortOrder":53},{"sectionNumber":"28D","sectionType":"section","heading":"Commission may take disciplinary action against corporate associate","content":"\t28D Commission may take disciplinary action against corporate associate\n\n(1) If the Commission considers that there is a ground for taking disciplinary action in relation to a corporate associate, the Commission may give the corporate associate written notice giving the corporate associate an opportunity to show cause within 14 days why disciplinary action should not be taken on the specified ground in the notice.\n\n(2) The corporate associate, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken.\n\n(3) After considering any submissions made under subsection (2), the Commission may take either or both of the following disciplinary actions—\n\n(a) issue a letter of censure to the corporate associate;\n\n(b) fine the corporate associate an amount not exceeding $1 000 000.\n\n(4) A letter of censure may censure the corporate associate in respect of any matter relating to a ground for disciplinary action and may include a direction to the corporate associate to rectify within a specified time any matter giving rise to the letter of censure.\n\n(5) If a direction given under subsection (4) is not complied with within the specified time, the Commission, by giving written notice to the corporate associate, may fine the corporate associate an amount not exceeding $1 000 000 without affording the corporate associate a further opportunity to be heard.\n\n(6) The Commission may fine the corporate associate under subsection (5) whether or not the Commission has already fined the corporate associate under subsection (3)(b) in relation to the same matter.\n\n(7) A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State.\n\n(8) A member of the Commission who has participated in consideration of disciplinary action under this section is not prevented by that reason alone from considering whether further disciplinary action should be taken.\n\nDivision 2—Contracts\n\n","sortOrder":54},{"sectionNumber":"29","sectionType":"section","heading":"Definitions","content":"\t29 Definitions\n\n(1) In this Division—\n\n***contract*** includes any kind of agreement or arrangement;\n\nS. 29(1) def. of *controlled contract* amended by Nos 93/1993 s. 8(1), 36/1994 s. 5(1), 38/2002 s. 5, 114/2003 s. 12.1.2 (Sch. 5 item 22(a)(b)).\n\n***controlled contract***, in relation to a casino operator, means a contract that relates wholly or partly to the supply of goods or services to the casino or to any other matter that is specified by the Commission by notice in writing given to the casino operator as a controlled matter for the purposes of this definition but does not include a contract that relates solely to—\n\n(a) the construction of the casino; or\n\n(b) the alteration of premises used or to be used as the casino; or\n\n(ba) the supply, maintenance, repair or modification of gaming machines or gaming equipment relating to gaming machines, being a contract between the casino operator and a person listed on the Roll under the **Gambling Regulation Act 2003**; or\n\n(c) any other class of matter specified by the Commission by notice in writing given to the casino operator as not being controlled matter for the purposes of this definition; or\n\n(ca) a class of contract of a kind approved under subsection (1A); or\n\n(d) any other class of contract specified by the Commission by notice in writing given to the casino operator as not being a controlled contract for the purposes of this definition.\n\nS. 29(1A) inserted by No. 36/1994 s. 5(2), amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 22(a)).\n\n(1A) The Commission may, by notice in writing given to the casino operator, approve an agreement or arrangement with a specified person for the supply of specified goods or services as an agreement or arrangement that is not a contract to which this Division applies.\n\nS. 29(1B) inserted by No. 88/2000 s. 40(1), amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 22(a)).\n\n(1B) The Commission may, by notice in writing given to the casino operator, exempt the casino operator from any of the requirements or provisions of this Division (except section 35) that are specified in the notice in relation to contracts if the Commission is satisfied that the system of internal controls and administrative and accounting procedures approved by the Commission under section 121 in relation to the casino operator adequately provide for compliance with this Division.\n\nS. 29(1C) inserted by No. 88/2000 s. 40(1).\n\n(1C) The notice may specify that it applies to contracts generally or to the classes of contracts specified in the notice.\n\nS. 29(2) inserted by No. 93/1993 s. 8(2), amended by Nos 36/1994 s. 5(3), 114/2003 s. 12.1.2 (Sch. 5 item 22(a)).\n\n(2) The Commission must publish in its annual report all classes of matter and all classes of contract specified by the Commission under paragraph (c), (ca) or (d) of the definition of ***controlled contract*** in subsection (1) during the previous year.\n\nS. 30 substituted by No. 93/1993 s. 9.\n\n","sortOrder":55},{"sectionNumber":"30","sectionType":"section","heading":"Requirements for controlled contracts","content":"\t30 Requirements for controlled contracts\n\n(1) A casino operator must not enter into or be a party to, or to the variation of, a contract that is a controlled contract in relation to that operator unless—\n\nS. 30(1)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 23).\n\n(a) the operator has given notice in writing to the Commission of the details of the proposed contract or variation at least 28 days (or any shorter period approved by the Commission in a particular case or in respect of a particular class of contract) before entering into or becoming a party to it; and\n\nS. 30(1)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 23).\n\n(b) the Commission has not, within that period, given notice in writing to the operator that the Commission objects to the proposed contract or requires further time, the further period to be specified in the notice, to conduct its investigations.\n\nS. 30(1A) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 24).\n\n(1A) A function of the Commission under subsection (1) may be performed by any commissioner.\n\nS. 30(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 23).\n\n(2) If the Commission notifies the casino operator that it requires further time to conduct its investigations, the operator must not enter into the contract until the expiration of the period specified in the notice.\n\nS. 30(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 23).\n\n(3) If the Commission notifies the casino operator that it objects to the proposed contract, the operator must not enter into the contract.\n\nS. 30(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 23).\n\n(4) The Commission must not object to a proposed contract unless it has first inquired into the operation of the contract and the suitability of each person who is a party to the contract.\n\nS. 31 amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 25).\n\n","sortOrder":56},{"sectionNumber":"31","sectionType":"section","heading":"Notice to be given of certain contracts","content":"\t31 Notice to be given of certain contracts\n\nIf—\n\nS. 31(a) amended by Nos 93/1993 s. 8(3)(a)(b), 114/2003 s. 12.1.2 (Sch. 5 item 25).\n\n(a) a casino operator enters into a contract relating solely to a class of matter or class of contract specified by the Commission under section 29 as not being controlled matter or a controlled contract; or\n\n(b) any such contract is varied—\n\nthe casino operator must, within 14 days of entering into the contract or the variation is made, as the case may be, give notice in writing to the Commission of that fact and brief particulars of the contract or variation.\n\n","sortOrder":57},{"sectionNumber":"32","sectionType":"section","heading":"Notice to show cause why contract should not be terminated","content":"\t32 Notice to show cause why contract should not be terminated\n\nS. 32(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 25).\n\n(1) The Commission may serve on each party to a controlled contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that, for reasons specified in the notice, it is no longer in the public interest that the contract should remain in force.\n\n(2) The notice must specify the reasons why it is considered that it is not in the public interest for the contract to remain in force.\n\nS. 32(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 25).\n\n(3) The person may, within the period specified in the notice, arrange with the Commission for the making of submissions as to why the contract should not be terminated.\n\nS. 32(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 25).\n\n(4) After considering any submissions so made, the Commission may, by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.\n\n(5) If the contract is not terminated as required by the notice, it is terminated by this Act.\n\n","sortOrder":58},{"sectionNumber":"33","sectionType":"section","heading":"Effect of termination","content":"\t33 Effect of termination\n\nIf a contract is terminated in accordance with this Division—\n\n(a) the termination does not affect a right acquired, or a liability incurred, before that termination by a person who was a party to the contract; and\n\n(b) no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that termination; and\n\nS. 33(c) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 25).\n\n(c) neither the State nor the Commission incurs any liability by reason of that termination.\n\n","sortOrder":59},{"sectionNumber":"34","sectionType":"section","heading":"Offence—giving effect to terminated contract","content":"\t34 Offence—giving effect to terminated contract\n\nA party to a contract terminated in accordance with this Division must not give any effect to any part of the contract.\n\n","sortOrder":60},{"sectionNumber":"35","sectionType":"section","heading":"Parties to contracts to provide information","content":"\t35 Parties to contracts to provide information\n\nSection 26 applies in relation to a party to a controlled contract or contract to which section 31 applies in the same way as it applies in relation to a casino operator.\n\nPt 3 Div. 2A (Heading and ss 35A, 35B) inserted by No. 26/2022 s. 6.\n\n","sortOrder":61},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Undertakings","content":"Division 2A—Undertakings\n\nS. 35A inserted by No. 26/2022 s. 6.\n\n","sortOrder":62},{"sectionNumber":"35A","sectionType":"section","heading":"Undertakings","content":"\t35A Undertakings\n\n(1) The Commission may accept a written undertaking given by a casino operator in connection with—\n\n(a) a matter relating to a contravention or potential contravention of this Act or the **Gambling Regulation Act 2003** by—\n\n(i) the casino operator; or\n\n(ii) a person in charge of the casino; or\n\n(iii) an officer or agent of the casino operator; or\n\n(iv) a casino employee of the casino operator; or\n\n(b) any other matter in relation to which the Commission has a power or function under this Act or the **Gambling Regulation Act 2003**.\n\n(2) An undertaking accepted by the Commission under subsection (1) must be in writing and signed by the Commission and the casino operator.\n\n(3) A casino operator may withdraw or vary an undertaking at any time, if the casino operator has first obtained the consent of the Commission.\n\n(4) While an undertaking is in force in connection with a matter relating to a contravention or potential contravention of this Act or the **Gambling Regulation Act 2003**, the Commission must not take disciplinary or other action under this Act or the **Gambling Regulation Act 2003** in relation to the contravention or potential contravention.\n\n(5) Subsection (4) does not limit the power of the Commission to take disciplinary action under section 20, or apply to a court under section 35B, for breach of the undertaking.\n\nS. 35B inserted by No. 26/2022 s. 6.\n\n","sortOrder":63},{"sectionNumber":"35B","sectionType":"section","heading":"Breach of undertaking","content":"\t35B Breach of undertaking\n\n(1) The Commission may apply to a court of competent jurisdiction for an order under subsection (2) if the Commission considers that a casino operator has breached an undertaking.\n\n(2) If the court is satisfied that the casino operator has breached an undertaking, the court may make any of the following orders—\n\n(a) an order directing the person to comply with the undertaking;\n\n(b) an order that the person take any specified action for the purpose of complying with the undertaking;\n\n(c) an order revoking the undertaking;\n\n(d) any other order that the court considers appropriate in the circumstances.\n\nBreach of an undertaking is also a ground for disciplinary action—see section 20(1) definition of ***grounds for disciplinary action***, paragraph (dab).\n\nDivision 3—Injunctions\n\nS. 36 amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 26).\n\n","sortOrder":64},{"sectionNumber":"36","sectionType":"section","heading":"Injunctions to prevent contraventions etc.","content":"\t36 Injunctions to prevent contraventions etc.\n\nIf a casino operator has engaged or is proposing to engage in conduct that constitutes or would constitute—\n\n(a) a contravention of a provision of this Act or of a condition of the casino licence; or\n\n(b) attempting to contravene such a provision; or\n\n(c) aiding, abetting, counselling or procuring a person to contravene such a provision; or\n\n(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or\n\n(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or\n\n(f) conspiring with others to contravene such a provision—\n\nthe Commission may apply to the Supreme Court for an injunction on such terms as the Court determines to be appropriate.\n\nPt 3 Div. 4 (Heading and ss 36A–36R) inserted by No. 54/2021 s. 18.\n\nDivision 4—Special manager for Melbourne Casino Operator\n\nS. 36A inserted by No. 54/2021 s. 18.\n\n","sortOrder":65},{"sectionNumber":"36A","sectionType":"section","heading":"Definitions","content":"\t36A Definitions\n\nIn this Division—\n\n***constitution*** has the meaning given in section 9 of the Corporations Act;\n\nS. 36A def. of *director* amended by No. 26/2022 s. 7(a).\n\n***director*** has the meaning given in section 9 of the Corporations Act.\n\nS. 36A def. of *officer* repealed by No. 26/2022 s. 7(b).\n\nS. 36B inserted by No. 54/2021 s. 18.\n\n","sortOrder":66},{"sectionNumber":"36B","sectionType":"section","heading":"Appointment of special manager for Melbourne Casino Operator","content":"\t36B Appointment of special manager for Melbourne Casino Operator\n\n(1) The Governor in Council, on the recommendation of the Minister, may appoint an eligible natural person as special manager for the Melbourne Casino Operator.\n\n(2) A natural person is eligible for appointment as special manager if—\n\n(a) in the opinion of the Minister, the person has—\n\n(i) a minimum of 10 years' experience in, or knowledge of, commerce, law or public administration; or\n\n(ii) relevant industry experience; and\n\n(b) the person is not—\n\n(i) an associate of a casino operator; or\n\n(ii) an associate (within the meaning of the **Gambling Regulation Act 2003**) of a gambling industry participant (within the meaning of that Act); or\n\n(iii) an associate (within the meaning of the **Liquor Control Reform Act 1998**) of a licensee (within the meaning of that Act); and\n\n(c) the person is not disqualified from managing corporations under the Corporations Act.\n\n(3) The instrument of appointment of a special manager must specify—\n\n(a) the period for which the special manager is appointed; and\n\n(b) the terms and conditions of the appointment; and\n\n(c) the functions the special manager is to perform, including any investigations that the special manager is to carry out; and\n\n(d) any directions or instructions to the special manager in relation to the performance of the special manager's functions; and\n\n(e) any other matters the Governor in Council considers appropriate.\n\n(4) The Governor in Council, on the recommendation of the Minister, may at any time, by written notice to the special manager—\n\n(a) vary the special manager's instrument of appointment; and\n\n(b) terminate the special manager's appointment.\n\n(5) On the recommendation of the Minister, the Governor in Council may appoint a person to act in the office of special manager—\n\n(a) during any vacancy in the office of special manager; or\n\n(b) during any period when the person holding the office—\n\n(i) is absent from duty; or\n\n(ii) is for any other reason unable to perform the duties of the office.\n\nSee also section 41AA of the **Interpretation of Legislation Act 1984** regarding acting appointments.\n\nS. 36C inserted by No. 54/2021 s. 18.\n\n","sortOrder":67},{"sectionNumber":"36C","sectionType":"section","heading":"Functions of special manager","content":"\t36C Functions of special manager\n\n(1) The special manager has the following functions—\n\n(a) to oversee the affairs of the Melbourne Casino Operator, including the casino operations of the Operator;\n\n(b) to carry out any investigations specified in the instrument of appointment;\n\n(c) to report to the Commission and the Minister on investigations carried out by the special manager and the performance of other functions by the special manager;\n\n(d) to perform any other functions specified in the instrument of appointment.\n\n(2) In performing functions, the special manager must comply with any directions and instructions specified in the instrument of appointment.\n\nS. 36D inserted by No. 54/2021 s. 18.\n\n","sortOrder":68},{"sectionNumber":"36D","sectionType":"section","heading":"General powers of special manager","content":"\t36D General powers of special manager\n\n(1) The special manager has all the powers necessary to perform the special manager's functions.\n\n(2) Without limiting subsection (1), the special manager—\n\n(a) has full and free access to all the books and records of the Melbourne Casino Operator; and\n\n(b) may engage any person to provide advice or other services to the special manager in connection with the performance of the special manager's functions; and\n\n(c) has all the powers, rights and privileges of a director of the Melbourne Casino Operator other than the right to vote; and\n\n(d) without limiting paragraph (c), may attend any meeting of the Melbourne Casino Operator or the board of directors of the Operator or any committee or subcommittee of the Operator or the board; and\n\nS. 36D(2)(e) amended by No. 42/2022 s. 4.\n\n(e) may enter into and remain in the casino operated by the Melbourne Casino Operator and any other premises occupied by the Operator in connection with casino operations for the purpose of performing functions or exercising powers under this Act.\n\n(3) Despite subsection (2)(c), the special manager does not have any of the obligations, duties or liabilities of a director of the Melbourne Casino Operator.\n\nS. 36E inserted by No. 54/2021 s. 18.\n\n","sortOrder":69},{"sectionNumber":"36E","sectionType":"section","heading":"Power to give directions to Melbourne Casino Operator","content":"\t36E Power to give directions to Melbourne Casino Operator\n\n(1) Subject to this section, the special manager may give a written direction to the Melbourne Casino Operator directing the Operator—\n\n(a) to take any action specified in the direction; or\n\n(b) to refrain from taking any action specified in the direction.\n\n(2) The special manager may give a direction under subsection (1) only if the special manager—\n\n(a) suspects that there is, or has been, maladministration on the part of the Melbourne Casino Operator; or\n\n(b) believes that the direction is in the best interests of the Melbourne Casino Operator or the casino operations of the Operator, having regard to the objectives and purpose of the appointment of the special manager; or\n\n(c) believes that the direction is necessary to ensure compliance with any enactment that applies to the Melbourne Casino Operator or casino operations.\n\n(3) Subject to subsection (4), the special manager must give the Melbourne Casino Operator written notice of the special manager's intention to give the Operator a direction under this section, affording the Operator an opportunity to make submissions to the special manager, within 3 days after the notice is given, in relation to the proposed direction.\n\n(4) Subsection (3) does not apply if the special manager considers that it is not practicable to comply with that subsection because the direction is required as a matter of urgency.\n\nS. 36E(5) amended by No. 42/2022 s. 5.\n\n(5) If subsection (3) applies and the casino operator makes any submissions within the time referred to in that subsection, the special manager must consider those submissions and decide whether or not to give the direction.\n\n(6) The Melbourne Casino Operator must comply with a direction given under this section.\n\nS. 36F inserted by No. 54/2021 s. 18.\n\n","sortOrder":70},{"sectionNumber":"36F","sectionType":"section","heading":"Power to require information","content":"\t36F Power to require information\n\n(1) The special manager, by written notice, may require the Melbourne Casino Operator or an officer, employee or agent of the Operator to give the special manager any information the special manager requires to perform the special manager's functions.\n\n(2) A notice given to a natural person under subsection (1) must contain a statement—\n\n(a) of the person's right to claim that compliance with the notice might tend to incriminate the person; and\n\n(b) that, if the person does so claim, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than those specified in subsection (6)(a) or (b).\n\n(3) A person to whom a notice is given under subsection (1) must comply with the notice.\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section.\n\n(4) A person must comply with a notice despite any duty of confidentiality and, for that purpose, any provision of another enactment or any rule of law that imposes a duty of confidentiality in relation to the disclosure of information does not apply to the giving of information to the special manager.\n\n(5) A person is not excused from complying with a notice on the ground that compliance might tend to incriminate the person.\n\n(6) If a natural person, before complying with the notice, claims in writing to the special manager 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—\n\n(a) proceedings under this Act; or\n\n(b) proceedings for an offence against section 10.5.16(1) of the **Gambling Regulation Act 2003** in relation to the giving of information under this section.\n\n(7) A person is not excused from complying with a notice on the ground that the information is the subject of legal professional privilege, but providing information in compliance with a notice does not constitute a waiver of any such privilege.\n\n(8) If a person does not comply with a notice, a court of competent jurisdiction, on the application of the special manager, may order the person to comply.\n\nS. 36G inserted by No. 54/2021 s. 18.\n\n","sortOrder":71},{"sectionNumber":"36G","sectionType":"section","heading":"Reports of special manager","content":"\t36G Reports of special manager\n\n(1) During the period of a special manager's appointment, the special manager must make interim reports to the Commission and the Minister on the performance of the special manager's functions—\n\nS. 36G(1)(a) substituted by No. 42/2022 s. 6(1).\n\n(a) covering the following periods—\n\n(i) starting on 1 January 2022 and ending on 30 June 2022;\n\n(ii) starting on 1 July 2022 and ending on 31 December 2022;\n\n(iii) starting on 1 January 2023 and ending on 30 June 2023; and\n\n(b) at any time at the request of the Minister.\n\nS. 36G(2) substituted by No. 42/2022 s. 6(2).\n\n(2) The special manager must make a final report to the Commission and the Minister on the performance of the special manager's functions covering the period starting on 1 January 2022 and ending on 31 December 2023.\n\nS. 36G(2A) inserted by No. 42/2022 s. 6(2).\n\n(2A) The special manager must make an interim report under subsection (1)(a)(ii) and (iii) and the final report under subsection (2) within 14 days after the end of the period to which the report relates.\n\n(3) In preparing the final report, the special manager must consider—\n\n(a) whether there is any evidence of maladministration on the part of the Melbourne Casino Operator; and\n\n(b) whether there is any evidence of illegal or improper conduct on the part of the Melbourne Casino Operator; and\n\n(c) whether the Melbourne Casino Operator has engaged in any conduct that may give rise to a material contravention of any law; and\n\n(d) the conduct of casino operations by the Melbourne Casino Operator during the period of the special manager's appointment; and\n\n(e) the progress made by the Melbourne Casino Operator in implementing any recommendations made by the Royal Commission into the Casino Operator and Licence; and\n\n(f) any other matters specified in the special manager's instrument of appointment; and\n\n(g) any other matters that the special manager considers relevant.\n\nS. 36G(3A) inserted by No. 42/2022 s. 6(3).\n\n(3A) If the special manager continues to perform functions in relation to the Melbourne Casino Operator after 31 December 2023, the special manager must make reports to the Commission and the Minister on the performance of those functions as requested by the Commission or the Minister.\n\n(4) The Minister or the Commission may disclose a report, or anything in it, only if the Minister or Commission considers it in the public interest to do so.\n\n(5) The giving of a report to the Minister or Commission, or the disclosure of a report by the Minister or the Commission, does not constitute a waiver of any privilege (including legal professional privilege) attaching to any information contained in the report.\n\nS. 36H inserted by No. 54/2021 s. 18.\n\n","sortOrder":72},{"sectionNumber":"36H","sectionType":"section","heading":"Commission consideration of special manager's report","content":"\t36H Commission consideration of special manager's report\n\n(1) The Commission must consider each report of the special manager under section 36G and take whatever action the Commission considers appropriate in light of the findings and recommendations in the report.\n\nS. 36H(2) amended by No. 42/2022 s. 7.\n\n(2) Without limiting subsection (1), within 90 days after receiving the special manager's final report under section 36G(2), the Commission may, in its sole discretion determine that the Commission is clearly satisfied that—\n\n(a) the Melbourne Casino Operator is a suitable person to continue to hold the Melbourne Casino Licence; and\n\n(b) it is in the public interest that the Melbourne Casino Licence continue in force.\n\n(3) In exercising its discretion under subsection (2), the Commission—\n\n(a) must have regard to—\n\n(i) the reports of the special manager under section 36G; and\n\n(ii) the report of the Royal Commission into the Casino Operator and Licence; and\n\n(iii) the Bergin Report; and\n\n(iv) any report of the Perth Casino Royal Commission; and\n\n(b) may have regard to—\n\n(i) any publicly available answer, information, document or other thing given or produced to the Royal Commission into the Casino Operator and Licence, the inquiry to which the Bergin Report related or the Perth Casino Royal Commission; and\n\n(ii) the reports or findings of any relevant regulator or law enforcement agency that has investigated, or is investigating, the Melbourne Casino Operator or any associate of the Melbourne Casino Operator; and\n\n(c) must not have regard to any other information, document or thing.\n\n(4) Despite section 25(3)(b) of the **Victorian Gambling and Casino Control Commission Act 2011**, the Commission is not required to give the Melbourne Casino Operator or any other person notice or an opportunity to be heard before or in exercising its discretion under subsection (2).\n\n(5) Despite section 40 of the **Inquiries Act 2014**, for the purposes of taking action under subsection (1) or exercising its discretion under subsection (2), the Commission may use—\n\n(a) any information contained in the report of the Royal Commission into the Casino Operator and Licence; and\n\n(b) any information that is otherwise publicly available.\n\n(6) The validity of any action taken under subsection (1) or determination made under subsection (2) by the Commission is not affected by any invalidity in the performance or exercise of a function or power of the special manager.\n\n(7) In this section—\n\n***Bergin Report*** means the Report of the Inquiry under section 143 of the Casino Control Act 1992 of New South Wales dated 1 February 2021 and tabled in the Legislative Assembly of New South Wales on 9 February 2021;\n\n***Perth Casino Royal Commission*** means the Royal Commission to inquire into and report on the affairs of the Crown Casino Perth and related matters established by commission dated 5 March 2021 published in the Western Australian Government Gazette on 12 March 2021;\n\n***relevant regulator or law enforcement agency*** means a regulator or law enforcement agency (by whatever name called) of the Commonwealth, or of a State (including this State) or Territory.\n\nS. 36I inserted by No. 54/2021 s. 18.\n\n","sortOrder":73},{"sectionNumber":"36I","sectionType":"section","heading":"Cancellation of Melbourne Casino Licence","content":"\t36I Cancellation of Melbourne Casino Licence\n\n(1) The Melbourne Casino Licence is cancelled, by force of this section, unless the Commission has made a determination under section 36H(2) that it is clearly satisfied as to the matters referred to in section 36H(2)(a) and (b).\n\nS. 36I(2) amended by No. 42/2022 s. 8(1).\n\n(2) Cancellation of the Melbourne Casino Licence by force of this section takes effect on the day that is 180 days after the day on which the special manager's final report under section 36G(2) is received by the Commission.\n\n(3) Cancellation of the Melbourne Casino Licence by force of this section takes effect irrespective of whether any proceedings have been commenced challenging the validity or lawfulness of, or otherwise seeking review of, a determination made under section 36H(2) or a failure to make such a determination or anything else done or omitted to be done by or on behalf of the Commission or the special manager under this Division.\n\nS. 36I(4) amended by Nos 42/2022 s. 8(2), 30/2023 s. 5.\n\n(4) To avoid doubt, Part 2A applies in relation to the cancellation of the Melbourne Casino Licence by force of this section.\n\nS. 36J inserted by No. 54/2021 s. 18.\n\n","sortOrder":74},{"sectionNumber":"36J","sectionType":"section","heading":"Relationship with section 25 investigations","content":"\t36J Relationship with section 25 investigations\n\n(1) If the Commission makes a determination under section 36H(2), the exercise of the Commission's discretion to make the determination is taken to be an investigation by the Commission under section 25.\n\n(2) If the Melbourne Casino Licence is not cancelled by force of section 36I, the next investigation in relation to the Melbourne Casino Operator under section 25 is not to be undertaken until at least 3 years after the making of the determination under section 36H(2).\n\nS. 36K inserted by No. 54/2021 s. 18.\n\n","sortOrder":75},{"sectionNumber":"36K","sectionType":"section","heading":"Staffing, contractors and delegation","content":"\t36K Staffing, contractors and delegation\n\n(1) There may be employed under Part 3 of the **Public Administration Act 2004** any employees who are necessary for the purposes of the special manager.\n\n(2) The special manager may—\n\n(a) enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and\n\n(b) engage persons with suitable qualifications and experience as consultants.\n\n(3) The special manager, by instrument, may delegate to a member of staff of the special manager any function or power of special manager other than—\n\n(a) this power of delegation; or\n\n(b) the power to give a direction under section 36E; or\n\n(c) the power to require information under section 36F; or\n\nS. 36K(3)(d) amended by No. 42/2022 s. 9.\n\n(d) the power to make a report under section 36G.\n\nS. 36L inserted by No. 54/2021 s. 18.\n\n","sortOrder":76},{"sectionNumber":"36L","sectionType":"section","heading":"Immunity for special manager and delegates","content":"\t36L Immunity for special manager and delegates\n\n(1) The special manager or a delegate of the special manager is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—\n\n(a) in the performance of a function or the exercise of a power of the special manager under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the course of the performance of a function or the exercise of a power of the special manager under this Act.\n\n(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the special manager or delegate attaches instead to the State.\n\nS. 36M inserted by No. 54/2021 s. 18.\n\n","sortOrder":77},{"sectionNumber":"36M","sectionType":"section","heading":"Special manager or delegate not an associate of Melbourne Casino Operator","content":"\t36M Special manager or delegate not an associate of Melbourne Casino Operator\n\nDespite anything in this Division or section 4, the special manager or a delegate of the special manager is not an associate of the Melbourne Casino Operator.\n\nS. 36N inserted by No. 54/2021 s. 18.\n\n","sortOrder":78},{"sectionNumber":"36N","sectionType":"section","heading":"Melbourne Casino Operator to pay costs and expenses related to special manager","content":"\t36N Melbourne Casino Operator to pay costs and expenses related to special manager\n\n(1) The Commission, by written notice at the times specified in subsection (2), may require the Melbourne Casino Operator to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs and expenses related to—\n\n(a) the appointment of the special manager; and\n\n(b) the performance of the special manager's functions under this Act; and\n\n(c) the performance of the Commission's functions under this Division.\n\n(2) The Commission may give a notice under subsection (1) to the Melbourne Casino Operator—\n\n(a) at intervals of no longer than 6 months during the special manager's period of appointment; and\n\n(b) following the expiry of the special manager's period of appointment.\n\n(3) A notice under subsection (1) must set out—\n\n(a) the amount to be paid by the Melbourne Casino Operator in respect of the period to which the notice relates; and\n\n(b) how that amount was calculated; and\n\n(c) when that amount must be paid to the Commission.\n\n(4) Without limiting subsection (1), the reasonable costs and expenses referred to in that subsection include—\n\n(a) the remuneration and allowances of the special manager; and\n\n(b) the salary or remuneration costs associated with members of staff of the special manager; and\n\n(c) the special manager's accommodation and other operating expenses; and\n\n(d) costs associated with staff of the Commission and any consultants engaged by the Commission in relation to the special manager and the functions of the Commission under this Division; and\n\n(e) costs and expenses incurred by the Department of Justice and Community Safety before the commencement of this Division in relation to the appointment of the special manager.\n\n(5) An amount payable under this section may be recovered in a court of competent jurisdiction as a debt due to the State.\n\nS. 36O inserted by No. 54/2021 s. 18.\n\n","sortOrder":79},{"sectionNumber":"36O","sectionType":"section","heading":"Obstruction or interference with special manager or delegates","content":"\t36O Obstruction or interference with special manager or delegates\n\n(a) obstruct the special manager or a delegate of the special manager in the performance of the special manager's functions under this Act; or\n\n(b) interfere with the performance of those functions.\n\nS. 36P inserted by No. 54/2021 s. 18.\n\n","sortOrder":80},{"sectionNumber":"36P","sectionType":"section","heading":"Criminal liability of officers of Melbourne Casino Operator—accessorial liability","content":"\t36P Criminal liability of officers of Melbourne Casino Operator—accessorial liability\n\n(1) If the Melbourne Casino Operator commits an offence against section 36E(6) or 36O, an officer of the Operator also commits an offence against the provision if the officer—\n\n(a) authorised or permitted the commission of the offence by the Operator; or\n\n(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the Operator.\n\n(2) Without limiting any other defence available to the officer, an officer may rely on a defence that would be available to the Melbourne Casino Operator if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the Operator would bear.\n\n(3) An officer may commit an offence against section 36E(6) or 36O whether or not the Melbourne Casino Operator has been prosecuted for, or found guilty of, an offence against that provision.\n\n(4) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**.\n\nS. 36Q inserted by No. 54/2021 s. 18.\n\n","sortOrder":81},{"sectionNumber":"36Q","sectionType":"section","heading":"Procedural fairness","content":"\t36Q Procedural fairness\n\nOther than as expressly provided for in this Division, the special manager is not required to give the Melbourne Casino Operator or any other person notice or an opportunity to be heard before performing or exercising, or in relation to the performance or exercise of, any function or power of the special manager under this Act.\n\nS. 36R inserted by No. 54/2021 s. 18.\n\n","sortOrder":82},{"sectionNumber":"36R","sectionType":"section","heading":"This Division to prevail","content":"\t36R This Division to prevail\n\n(1) The provisions of this Division apply despite anything to the contrary in—\n\n(a) this Act, the **Casino (Management Agreement) Act 1993** and any regulations made under this Act or that Act; and\n\n(b) the constitution of the Melbourne Casino Operator.\n\n(2) The provisions of this Division are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation.\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.\n\nPt 3A (Headings and ss 36S–36ZC) inserted by No. 42/2022 s. 22.\n\n","sortOrder":83},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Corporate ownership and governance of casino operators","content":"Part 3A—Corporate ownership and governance of casino operators\n\nDivision 1—Preliminary\n\nS. 36S inserted by No. 42/2022 s. 22.\n\n","sortOrder":84},{"sectionNumber":"36S","sectionType":"section","heading":"Application of Part","content":"\t36S Application of Part\n\n(1) This Part applies in relation to a casino operator that is a company within the meaning of the Corporations Act.\n\n(2) Division 2 does not apply in relation to a person or class of person prescribed by the regulations.\n\nS. 36T inserted by No. 42/2022 s. 22.\n\n","sortOrder":85},{"sectionNumber":"36T","sectionType":"section","heading":"Extraterritorial operation","content":"\t36T Extraterritorial operation\n\n(1) This Part applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.\n\n(2) In particular, this Part extends to holding companies and other persons outside Victoria including outside Australia.\n\nDivision 2—Shareholding approval\n\nS. 36U inserted by No. 42/2022 s. 22.\n\n","sortOrder":86},{"sectionNumber":"36U","sectionType":"section","heading":"Restrictions on acquiring relevant interests","content":"\t36U Restrictions on acquiring relevant interests\n\n(1) It is a condition of a casino licence that, without the prior approval of the Commission—\n\n(a) a person who holds no relevant interest, or a relevant interest of less than 5%, in the casino operator does not acquire a relevant interest resulting in the person holding a relevant interest of 5% or more in the casino operator; and\n\n(b) a person who holds a relevant interest of 5% or more in the casino operator does not acquire any further relevant interest in the casino operator; and\n\n(c) a person who holds no relevant interest, or a relevant interest of less than 5%, in a holding company of the casino operator does not acquire a relevant interest resulting in the person holding a relevant interest of 5% or more in the holding company; and\n\n(d) a person who holds a relevant interest of 5% or more in a holding company of the casino operator does not acquire any further relevant interest in the holding company.\n\n(2) Approval of the Commission for the purposes of subsection (1) may be—\n\n(a) approval granted under section 36W; or\n\n(b) approval granted under section 28AD.\n\nS. 36V inserted by No. 42/2022 s. 22.\n\n","sortOrder":87},{"sectionNumber":"36V","sectionType":"section","heading":"Application for approval to acquire relevant interest","content":"\t36V Application for approval to acquire relevant interest\n\n(1) For the purposes of section 36U, a person may apply to the Commission for approval to acquire a relevant interest in a casino operator or a holding company of a casino operator.\n\n(2) An application must—\n\n(a) be in the form, and be made in the manner, approved by the Commission; and\n\n(b) contain or be accompanied by evidence of the suitability of the person to acquire the relevant interest.\n\n(3) Sections 10 and 11 apply in relation to an application under this section as if a reference in those sections—\n\n(a) to an application for a casino licence were a reference to an application under this section; and\n\n(b) to an applicant for a casino licence were a reference to an applicant under this section; and\n\n(c) to a person the Commission is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino were a reference to an applicant under this section.\n\nS. 36W inserted by No. 42/2022 s. 22.\n\n","sortOrder":88},{"sectionNumber":"36W","sectionType":"section","heading":"Determination of application","content":"\t36W Determination of application\n\n(1) The Commission must consider an application for approval made under section 36V and must take into account—\n\n(a) the applicant's reason for acquiring the relevant interest; and\n\n(b) evidence of the applicant's suitability to acquire the relevant interest; and\n\n(c) if the applicant holds, or at any time held, a relevant interest in a casino operator or a holding company of a casino operator, the conduct of the applicant during that time; and\n\n(d) any undertakings given by the applicant as to their intended conduct after acquiring the relevant interest; and\n\n(e) any other matters the Commission considers relevant.\n\n(2) The Commission must determine the application by either granting the approval or refusing the application and must inform the applicant accordingly.\n\n(3) An approval under this section may be granted subject to any conditions that the Commission thinks fit.\n\n(4) The Commission, by written notice, may revoke an approval granted to a person under this section if the person has not yet acquired the relevant interest but the Commission is not satisfied that the person is a suitable person to hold the relevant interest.\n\nS. 36X inserted by No. 42/2022 s. 22.\n\n","sortOrder":89},{"sectionNumber":"36X","sectionType":"section","heading":"Investigation of approved persons","content":"\t36X Investigation of approved persons\n\n(1) The Commission may carry out an investigation to determine whether a person who has acquired a relevant interest in a casino operator or a holding company of a casino operator in accordance with an approval granted under section 36W remains a suitable person to hold the relevant interest.\n\n(2) For the purposes of an investigation under this section, the Commission, by written notice, may require the person or another person whose association with the person is, in the opinion of the Commission, relevant to the investigation to do any one or more of the following—\n\n(a) provide, in accordance with directions in the notice, any information, verified by statutory declaration, that is relevant to the investigation and is specified in the notice;\n\n(b) produce, in accordance with directions in the notice, any records relevant to the investigation that are specified in the notice and permit examination of the records, the taking of extracts from them and the making of copies of them;\n\n(c) authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b);\n\n(d) give the Commission  any authorities and consents that the Commission  directs for the purpose of enabling the Commission  to obtain information (including financial and other confidential information) concerning the person from other persons.\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this subsection.\n\nS. 36Y inserted by No. 42/2022 s. 22.\n\n","sortOrder":90},{"sectionNumber":"36Y","sectionType":"section","heading":"Notice to reduce relevant interest","content":"\t36Y Notice to reduce relevant interest\n\n(1) The Commission may give written notice under this section to a person who has acquired a relevant interest referred to in section 36U(1) if—\n\n(a) the person acquired the relevant interest without the approval of the Commission referred to in section 36U(2); or\n\n(b) the person acquired the relevant interest in accordance with the approval of the Commission referred to in section 36U(2) but the Commission is satisfied that the person does not remain a suitable person to hold the relevant interest.\n\n(2) The notice may require the person to reduce the person's relevant interest to what it was before the acquisition to which the notice relates within the time specified in the notice or the other time as agreed with the Commission.\n\n(3) A person to whom a notice is given under this section must comply with the notice.\n\nPenalty: 480 penalty units.\n\n(4) On the application of the Commission, the Supreme Court may make any order it thinks appropriate to enforce compliance by a person with a notice under this section, including an order that a person dispose of shares or other securities within a specified time.\n\nS. 36Z inserted by No. 42/2022 s. 22.\n\n","sortOrder":91},{"sectionNumber":"36Z","sectionType":"section","heading":"Costs of investigations","content":"\t36Z Costs of investigations\n\n(1) The Commission, by written notice, may require a person referred to in subsection (2) to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs of the Commission in carrying out—\n\n(a) an investigation for the purposes of determining an application under section 36V for approval to acquire a relevant interest; or\n\n(b) an investigation under section 36X to determine whether a person who has a acquired a relevant interest remains a suitable person to hold the relevant interest.\n\n(2) The person is—\n\n(a) in relation to subsection (1)(a), the person who applied for approval; or\n\n(b) in relation to subsection (1)(b), the person who acquired the relevant interest.\n\n(3) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.\n\nS. 36ZA inserted by No. 42/2022 s. 22.\n\n\t36ZA Establishing who holds relevant interests\n\n(1) The Commission, by written notice, may direct a casino operator or a holding company of a casino operator to—\n\n(a) take reasonable steps to identify the persons who have acquired a relevant interest in the casino operator or a holding company of the casino operator and the nature and extent of the relevant interest; and\n\n(b) give the Commission written notice of the following—\n\n(i) the name of each person so identified;\n\n(ii) the name of the company in which the person's relevant interest has been acquired;\n\n(iii) the nature and extent of the relevant interest.\n\n(2) It is a condition of a casino licence that the casino operator or a holding company of the casino operator complies with a direction of the Commission under subsection (1).\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section.\n\nDivision 3—Corporate governance\n\nS. 36ZB inserted by No. 42/2022 s. 22.\n\n\t36ZB Casino operator to have independent board\n\n(1) It is a condition of a casino licence that the majority of directors of the casino operator are persons—\n\n(a) who are free of any interest, position or relationship that might influence, or reasonably be perceived to influence, in a material respect their capacity to bring an independent judgement to bear on issues before the directors; and\n\n(b) who are free to act in the best interests of the operator as a whole rather than those of an individual security holder or other person; and\n\n(c) who are not connected in any way with any holding company of the operator.\n\n(2) It is a condition of a casino licence that the casino operator does not, or the directors of the casino operator do not, delegate a prescribed function of the operator or directors to any person other than—\n\n(a) the members of a subcommittee of directors; or\n\n(b) one or more individual directors.\n\nS. 36ZC inserted by No. 42/2022 s. 22.\n\n\t36ZC Casino operator to have independent senior management\n\nIt is a condition of a casino licence that—\n\n(a) the casino operator must have, during the prescribed periods, persons employed or appointed on a full time basis as senior executives in the prescribed categories; and\n\n(b) a senior executive referred to in paragraph (a) does not report to, or take instructions from, any person other than the directors or an officer of the operator.\n\n","sortOrder":92},{"sectionNumber":"Part 4","sectionType":"part","heading":"Licensing of casino employees","content":"Part 4—Licensing of casino employees\n\n","sortOrder":93},{"sectionNumber":"37","sectionType":"section","heading":"Definitions","content":"\t37 Definitions\n\n(1) In this Part—\n\nS. 37(1) def. of *licence* amended by Nos 34/1993 s. 7, 114/2003 s. 12.1.2 (Sch. 5 item 27(a)).\n\n***licence*** means a licence issued by the Commission under this Part;\n\n***licensee*** means the holder of a licence under this Part;\n\nS. 37(1) def. of *special employee* amended by Nos 36/1994 ss 6, 20(d)(i)(ii), 114/2003 s. 12.1.2 (Sch. 5 item 27(b)), 23/2025 s. 74(Sch. 1 item 1.5).\n\n***special employee*** means a person who—\n\n(a) is employed or working in a casino in a managerial capacity or who is authorised to make decisions, involving the exercise of the person's discretion, that regulate operations in a casino; or\n\n(b) is employed or working in a casino in any capacity relating to the following activities—\n\n(i) the conduct of gaming or approved betting competitions;\n\n(ii) the movement of money or chips about the casino;\n\n(iii) the exchange of money or chips to patrons in the casino;\n\n(iv) the counting of money or chips in the casino;\n\n(iva) the security and surveillance of the casino;\n\n(v) the operation, maintenance, construction, or repair of gaming equipment or totalisators;\n\n(vi) the supervision of any of the above activities;\n\n(vii) any other activity relating to operations in the casino that is specified by the Commission for the purposes of this definition by notice in writing given to the casino operator.\n\nS. 37(2) amended by No. 33/2004 s. 208(1).\n\n(2) Nothing in this Part affects the operation of the **Private Security Act 2004**.\n\n","sortOrder":94},{"sectionNumber":"38","sectionType":"section","heading":"Special employees to be licensed","content":"\t38 Special employees to be licensed\n\n(1) A person must not exercise in or in relation to a casino any of the functions of a special employee except in accordance with the authority conferred on the person by a licence.\n\n(2) A licence authorises the holder of the licence to exercise in or in relation to the casino the functions specified in the licence subject to the functions being exercised in accordance with the provisions of this Act and the conditions of the licence.\n\n(3) A casino operator must not—\n\n(a) employ or use the services of a person to perform any function of a special employee in or in relation to a casino; or\n\n(b) allocate or permit or suffer to be allocated to a person the exercise of any function of a special employee in or in relation to the casino—\n\nunless the person is authorised by a licence to exercise the function concerned.\n\n","sortOrder":95},{"sectionNumber":"39","sectionType":"section","heading":"Application for licence","content":"\t39 Application for licence\n\nS. 39(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 28).\n\n(1) An application for a licence must be in a form approved by the Commission, must be lodged with the Commission and must be accompanied by—\n\n(a) the prescribed fee; and\n\nS. 39(1)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 28).\n\n(b) such documents (if any) as may be specified by the Commission and that the form of application requires accompany the application; and\n\nS. 39(1)(c) substituted by No. 104/2004 s. 43.\n\n(c) evidence that the applicant is employed, or has been offered employment, by a casino operator.\n\n(2) The information provided in and accompanying the application must be verified by statutory declaration.\n\nS. 39(3) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 28), 23/2025 s. 74(Sch. 1 item 1.6).\n\n(3) If the applicant is a natural person, the Commission may require the applicant to consent to have taken the applicant's finger prints or palm prints or both, and a photograph.\n\n(4) An application for a licence may not be made by a person who is under the age of 18 years or is a person within a class of persons prescribed as being ineligible to apply for a licence.\n\nS. 39(5) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 28).\n\n(5) If a requirement under this section is not complied with, the Commission may refuse to consider the application concerned.\n\nS. 39(6) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 29).\n\n","sortOrder":96},{"sectionNumber":"40","sectionType":"section","heading":"Direction to apply for licence","content":"\t40 Direction to apply for licence\n\nS. 40(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 30(a)).\n\n(1) For the purposes of this section, a person has a special relationship with a casino if, in the opinion of the Commission—\n\n(a) the person is associated with the casino operator or is a casino employee, and has the power to exercise a significant influence over or with respect to operations in the casino; or\n\nS. 40(1)(b) amended by No. 23/2025 s. 74(Sch. 1 item 1.7).\n\n(b) the person is associated with the casino operator or is a casino employee, and it is in the public interest that the person, because of the person's remuneration or the person's authority in relation to the operations in the casino, be licensed as a special employee.\n\nS. 40(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 30(a)).\n\n(2) The Commission may by notice in writing given to a person who has a special relationship with a casino—\n\n(a) direct that the association or employment that constitutes the special relationship is to be regarded as the exercise by the person of the functions of a special employee; and\n\n(b) require the person to apply for the appropriate licence within a specified period of not less than 7 days.\n\n(3) The association or employment specified in the notice must, for the purposes of this Part, be regarded as the exercise by the person of the functions of a special employee as soon as—\n\n(a) the period allowed by the direction for the making of an application for the appropriate licence expires with no application having been made; or\n\n(b) (if the application is made within that period) the application is determined.\n\n(4) If this section results in a person who has a special relationship with a casino contravening section 38 (Special employees to be licensed)—\n\nS. 40(4)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 30(b)).\n\n(a) the Commission must notify that person and the casino operator of that fact; and\n\nS. 40(4)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 30(b)).\n\n(b) the person and the casino operator are each guilty of an offence if the association or employment that constitutes the contravention is not terminated within 24 hours (or such longer period as the Commission may allow) after that notice is given.\n\n(5) The termination of an association or employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement and the State does not incur any liability because of such a termination.\n\nS. 40(6) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 31).\n\n","sortOrder":97},{"sectionNumber":"41","sectionType":"section","heading":"Updating of application for licence","content":"\t41 Updating of application for licence\n\nS. 41(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 32).\n\n(1) If a change occurs in the information provided in or in connection with an application for a licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must forthwith give the Commission written particulars of the change verified by statutory declaration.\n\n(2) When particulars of the change are given, those particulars are then to be considered to have formed part of the original application, for the purposes of the operation of subsection (1) in relation to any further change in the information provided.\n\nS. 41(3) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 33).\n\nS. 42 (Heading) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 34).\n\n","sortOrder":98},{"sectionNumber":"42","sectionType":"section","heading":"Commission may require further information","content":"\t42 Commission may require further information\n\nS. 42(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 35(a)).\n\n(1) The Commission may, by notice in writing, require a person who is an applicant for a licence or who, in the opinion of the Commission has some association or connection with the applicant that is relevant to the application to do any one or more of the following—\n\n(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice; or\n\n(b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as 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; or\n\nS. 42(1)(c) amended by No. 44/1995 s. 7(2)(a).\n\n(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); or\n\nS. 42(1)(d) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 35(b)), 42/2022 s. 23.\n\n(d) to furnish to the Commission such authorities and consents as the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and those who have an association with the person from other persons.\n\nS. 42(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 35(a)).\n\n(2) If a requirement made under this section is not complied with, the Commission may refuse to consider the application concerned.\n\nS. 42(3) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 36).\n\n","sortOrder":99},{"sectionNumber":"43","sectionType":"section","heading":"Applications to be investigated","content":"\t43 Applications to be investigated\n\nS. 43(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 37(a)).\n\n(1) The Commission must investigate each application.\n\nS. 43(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 37(a)).\n\n(2) If, as a result of the investigation, the Commission decides that an application be refused, the Commission must notify the applicant in writing of that decision.\n\nS. 43(3) amended by No. 88/2000 s. 43, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 37(b)).\n\nS. 43(4)–(6) repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 37(b)).\n\n","sortOrder":100},{"sectionNumber":"44","sectionType":"section","heading":"Determination of applications","content":"\t44 Determination of applications\n\nS. 44(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 38(a)).\n\n(1) The Commission must consider an application for a licence and must take into account the investigation under section 43 and any submissions made by the applicant within the time allowed and must make an assessment of—\n\n(a) the integrity, responsibility, personal background and financial stability of the applicant; and\n\n(b) the general reputation of the applicant having regard to character, honesty and integrity; and\n\n(c) the suitability of the applicant to perform the type of work proposed to be performed by the applicant as a licensee.\n\nS. 44(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 38(a)).\n\n(2) The Commission must determine the application by either issuing a licence to the applicant or refusing the application and must inform the applicant accordingly.\n\nS. 44(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 38(a)(b)).\n\n(3) The Commission is not required to give reasons for the decision but may give reasons if it thinks fit.\n\nS. 44(4) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 38(c)).\n\n","sortOrder":101},{"sectionNumber":"45","sectionType":"section","heading":"Conditions of licence","content":"\t45 Conditions of licence\n\nS. 45(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 39).\n\n(1) A licence is subject to any condition imposed by the Commission and notified to the licensee on the issue of the licence or during its currency.\n\nS. 45(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 39).\n\n(2) A condition of a licence may be varied or revoked by the Commission whether or not on application made to the Commission by the licensee.\n\nS. 45(3) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 40).\n\nS. 45A inserted by No. 93/1993 s. 10, amended by Nos 44/1995 s. 5, 16/1997 s. 115(c)(d), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 41).\n\n","sortOrder":102},{"sectionNumber":"45A","sectionType":"section","heading":"Person licensed under Gambling Regulation Act 2003","content":"\t45A Person licensed under Gambling Regulation Act 2003\n\nS. 45A(1) amended by No. 104/2004 s. 44(a)(b).\n\n(1) A person who holds a gaming industry employee's licence issued under the **Gambling Regulation Act 2003** may apply to the Commission under this section for a licence under this Part.\n\n(2) An application under subsection (1) must be accompanied by—\n\n(a) the prescribed fee; and\n\nS. 45A(2)(b) substituted by No. 104/2004 s. 44(c), amended by No. 28/2022 s. 4, substituted by No. 6/2024 s. 8.\n\n(b) if the applicant has previously held a gaming industry employee's licence, evidence that the applicant held that licence.\n\nS. 45A(3) amended by No. 104/2004 s. 44(d)(e).\n\n(3) The Commission, if satisfied that the authority given to the applicant by a gaming industry employee's licence issued under the **Gambling Regulation Act 2003** is comparable to the authority conferred by a licence under this Part, may issue such a licence to the applicant.\n\nS. 45B inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 41).\n\n","sortOrder":103},{"sectionNumber":"45B","sectionType":"section","heading":"Appeals","content":"\t45B Appeals\n\n(1) If a decision to refuse to grant an application for a licence, or a decision to grant a licence subject to conditions, is made by a single commissioner, the applicant may appeal against the decision to the Commission within 28 days of notification of the decision.\n\n(2) An appeal must—\n\n(a) be in writing; and\n\n(b) specify the grounds on which it is made.\n\n(3) After consideration of an appeal, the Commission may—\n\n(a) confirm the decision; or\n\n(b) in the case of a decision to refuse an application—grant the application, either unconditionally or subject to conditions; or\n\n(c) in the case of a decision to grant an application subject to conditions—vary or remove the conditions.\n\n(4) The decision of the Commission on an appeal—\n\n(a) must be notified in writing to—\n\n(i) the applicant; and\n\n(ii) the casino operator who employs or proposes to employ the applicant, if the Commission knows who this is; and\n\n(b) may include the reasons for the decision.\n\n(5) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against.\n\n","sortOrder":104},{"sectionNumber":"46","sectionType":"section","heading":"Identification","content":"\t46 Identification\n\nS. 46(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 42).\n\n(1) A special employee, not being a person to whom an exemption under subsection (2) applies, must at all times while on duty in the casino wear identification of a kind approved by the Commission in such manner as to be visible to other persons in the casino.\n\nS. 46(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 42).\n\n(2) The Commission may exempt a person or class of persons from the requirements of subsection (1).\n\nS. 46(3) amended by No. 33/2004 s. 208(2).\n\n(3) Identification worn by a special employee, who is a crowd controller within the meaning of the **Private Security Act 2004**, that complies with that Act is sufficient compliance with this section.\n\nS. 46(4) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 43).\n\n","sortOrder":105},{"sectionNumber":"47","sectionType":"section","heading":"Provisional licences","content":"\t47 Provisional licences\n\nS. 47(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 44).\n\n(1) The Commission may, pending a decision on an application for a licence, grant the applicant a provisional licence.\n\nS. 47(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 44).\n\n(2) A provisional licence is subject to any conditions or restrictions of which the provisional licensee is notified by the Commission when issuing the licence.\n\nS. 47(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 44).\n\n(3) A provisional licence may be cancelled by the Commission at any time and, unless sooner surrendered or cancelled, ceases to have effect on the approval or refusal of the provisional licensee's application for a licence.\n\n(4) This Act applies to a provisional licence in the same way as it applies to a licence (to the extent that it is consistent with this section).\n\nS. 47(5) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 45).\n\n","sortOrder":106},{"sectionNumber":"48","sectionType":"section","heading":"Duration of licence","content":"\t48 Duration of licence\n\nA licence remains in force until whichever of the following happens first—\n\n(a) the licence is cancelled; or\n\nS. 48(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 46).\n\n(b) the licensee, by notice in writing, surrenders the licence to the Commission; or\n\nS. 48(c) substituted by No. 93/1993 s. 11(1), amended by No. 88/2000 s. 44.\n\n(c) the expiration of 10 years after the end of the month in which the licence was granted.\n\n","sortOrder":107},{"sectionNumber":"49","sectionType":"section","heading":"Renewal of licence","content":"\t49 Renewal of licence\n\nS. 49(1) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 47), 23/2025 s. 74(Sch. 1 item 1.8).\n\n(1) A licensee may, not earlier than 1 month before the expiration of the licensee's current licence, apply to the Commission for a new licence, in which case—\n\n(a) the current licence continues in force until the new licence is issued or its issue is refused; and\n\nS. 49(1)(b) amended by Nos 93/1993 s. 11(2), 104/2004 s. 45.\n\n(b) if issued, the new licence must be taken to have been granted on the tenth anniversary of the date on which the current licence was granted and must be dated accordingly.\n\nS. 49(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 47).\n\n(2) An application for a new licence must be made in a form approved by the Commission and must be accompanied by the prescribed fee.\n\n(3) This Act (except provisions relating to the form of an application or the issue of a provisional licence) apply to and in relation to—\n\n(a) an application under this section for a new licence;\n\n(b) the determination of such an application; and\n\n(c) any licence issued as a result of such an application—\n\nas if the application has been made by a person other than a licensee.\n\nS. 49(4) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 48).\n\n","sortOrder":108},{"sectionNumber":"50","sectionType":"section","heading":"Variation of licence","content":"\t50 Variation of licence\n\nS. 50(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 49).\n\n(1) Application may be made to the Commission, accompanied by the prescribed fee, for variation of a licence.\n\n(2) Except in relation to the fee to accompany the application, this Act applies in relation to such an application in the same way as it applies to an application for a licence.\n\nS. 50(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 49).\n\n(3) If the application is approved, the Commission may vary the licence to which the application relates (or issue a new licence specifying the varied authority).\n\nS. 51 amended by No. 114/2003 s. 12.1.2 (Sch. 5 items 49, 50) (ILA s. 39B(1)).\n\n","sortOrder":109},{"sectionNumber":"51","sectionType":"section","heading":"Loss etc. of licence","content":"\t51 Loss etc. of licence\n\n(1) If the Commission is satisfied that a licence has been lost, destroyed or damaged, the Commission may, on payment of the prescribed fee, issue a replacement licence.\n\nS. 51(2) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 50).\n\nS. 52 amended by Nos 98/1994 s. 26, 44/1995 s. 6(1), 16/1997 s. 115(e), 88/2000 s. 45(1), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 51).\n\n","sortOrder":110},{"sectionNumber":"52","sectionType":"section","heading":"Cancellation etc. of licence","content":"\t52 Cancellation etc. of licence\n\nS. 52(1) def. of *disciplinary action* amended by No. 23/2025 s. 74(Sch. 1 item 1.9(a)).\n\n***disciplinary action*** in relation to a licensee, means any of the following—\n\n(a) the service of a written notice on the licensee censuring the licensee for any action specified in the notice;\n\n(b) variation of the licence;\n\n(c) suspension of the licence for a specified period;\n\n(d) cancellation of the licence;\n\n(e) cancellation of the licence and disqualification from obtaining or applying for a licence or permit under this Act or the **Gambling Regulation Act 2003** for a specified period not exceeding 4 years;\n\nS. 52(1) def. of *grounds for disciplinary action* amended by No. 23/2025 s. 74(Sch. 1 item 1.9(b)).\n\n***grounds for disciplinary action*** means any of the following grounds in respect of a licence—\n\n(a) that the licence was improperly obtained in that, when it was granted there were grounds for refusing it;\n\n(b) that the licensee has been convicted or found guilty of—\n\n(i) an offence against this Act, the **Gambling Regulation Act 2003** or an offence against regulations made under either Act; or\n\n(ii) an offence arising out of or in connection with the employment of the licensee under either Act; or\n\n(iii) whether or not in Victoria, an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine);\n\n(c) that the licensee has contravened a condition of the licence;\n\n(d) that the licensee has failed to provide information that the licensee is required by this Act to provide or has provided information knowing it to be false or misleading;\n\n(e) that the licensee has become bankrupt, applied to take the benefit of any law relating to bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration for their benefit;\n\n(f) that for any reason, the licensee is not a suitable person to be the holder of the licence.\n\n(2) The Commission may inquire into whether there are grounds for disciplinary action against a licensee.\n\n(3) If the Commission decides that disciplinary action be taken against the licensee, the Commission must give the licensee notice of the recommendation and at least 14 days to make submissions to the Commission on the matter.\n\n(4) The Commission must consider any submissions made by the licensee within the time allowed and is to decide whether to take disciplinary action against the licensee.\n\n(5) If the Commission decides that there are grounds for disciplinary action against a licensee, the Commission may take the action and does so by giving notice in writing of the action to the licensee.\n\n(6) The disciplinary action takes effect when the notice is given or on a later date specified in the notice.\n\nS. 53 amended by Nos 44/1995 s. 6(2), 88/2000 s. 45(2), 114/2003 s. 12.1.2 (Sch. 5 items 52(a), 53) (ILA s. 39B(1)).\n\n","sortOrder":111},{"sectionNumber":"53","sectionType":"section","heading":"Suspension of licence","content":"\t53 Suspension of licence\n\n(1) The Commission may suspend the licence of a licensee by notice in writing given to the licensee if the Commission is satisfied that the licensee has been charged with, found guilty of or convicted of—\n\nS. 53(1)(a) inserted by No. 44/1995 s. 6(2), amended by No. 16/1997 s. 115(f), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 52(b)).\n\n(a) an offence against this Act, the **Gambling Regulation Act 2003** or an offence against regulations made under either of these Acts; or\n\nS. 53(1)(b) inserted by No. 44/1995 s. 6(2).\n\n(b) an offence arising out of or in connection with the employment of the licensee under any of those Acts; or\n\nS. 53(1)(c) inserted by No. 44/1995 s. 6(2).\n\n(c) whether or not in Victoria, an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine).\n\nS. 53(2) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 53).\n\n","sortOrder":112},{"sectionNumber":"54","sectionType":"section","heading":"Effect etc. of suspension","content":"\t54 Effect etc. of suspension\n\n(1) During any period of suspension of a licence, the licensee is deemed not to be the holder of a licence.\n\nS. 54(2) amended by No. 88/2000 s. 45(3), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 54).\n\n(2) The Commission may, at any time, terminate or reduce a period of suspension of a licence.\n\nS. 54(3) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 54).\n\nS. 54A inserted by No. 17/1996 s. 28, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 55).\n\n","sortOrder":113},{"sectionNumber":"54A","sectionType":"section","heading":"Return of licence on suspension or cancellation","content":"\t54A Return of licence on suspension or cancellation\n\nIf the licence of a licensee is suspended or cancelled, the licensee must return the licence to the Commission within 14 days after the suspension or cancellation.\n\n","sortOrder":114},{"sectionNumber":"55","sectionType":"section","heading":"Termination of employment on suspension or cancellation of licence","content":"\t55 Termination of employment on suspension or cancellation of licence\n\nS. 55(1) amended by Nos 44/1995 s. 6(3), 114/2003 s. 12.1.2 (Sch. 5 item 56), 42/2022 s. 24.\n\n(1) If a casino operator receives written notice from the Commission that the licence of a person who has an association with the operator or the licence of an employee has been suspended under section 52 or cancelled, or has otherwise ceased to be in force, the operator must, within 24 hours after receiving the notice—\n\nS. 55(1)(a) amended by No. 42/2022 s. 24.\n\n(a) in the case of a person who has an association with the operator, terminate the association that constitutes the exercise of the functions of a special employee; or\n\n(b) in the case of an employee, terminate the employment that constitutes the exercise of the functions of a special employee or cause it to be terminated.\n\n(2) A termination of employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement and the State does not incur any liability because of such a termination.\n\n","sortOrder":115},{"sectionNumber":"56","sectionType":"section","heading":"Casino operator to provide information relating to licensees","content":"\t56 Casino operator to provide information relating to licensees\n\n(1) A casino operator—\n\nS. 56(1)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 57).\n\n(a) within 7 days after a licensed employee commences to have functions in or in relation to the casino, must notify the Commission, in a form approved by the Commission, of the commencement of the exercise of those functions; and\n\nS. 56(1)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 57).\n\n(b) not less than twice each year, on dates specified by the Commission, must submit to the Commission, in a form approved by the Commission, a list of the licensed employees having functions in or in relation to the casino; and\n\nS. 56(1)(c) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 57).\n\n(c) not later than 7 days after a licensed employee ceases to have functions in or in relation to the casino, must notify the Commission, in a form approved by the Commission, of the cessation of the exercise of those functions.\n\nS. 56(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 57).\n\n(2) The Commission, by notice in writing, may require a licensee—\n\n(a) to provide, in accordance with directions in the notice, such information relevant to the holding of the licence as is specified in the notice; or\n\n(b) to produce, in accordance with directions in the notice, such records relevant to the holding of the licence as are specified in the notice and to permit examination of the records and the making of copies of the records.\n\nNote to s. 56(2) inserted by No. 54/2021 s. 19.\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to subsection (2).\n\n(3) It is a condition of a licence that the licensee must comply with the requirements of a notice under this section.\n\nS. 56(4) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 58).\n\nS. 57 amended by Nos 88/2000 s. 46, 114/2003 s. 12.1.2 (Sch. 5 items 59, 60) (ILA s. 39B(1)).\n\n","sortOrder":116},{"sectionNumber":"57","sectionType":"section","heading":"Change in situation of licensee","content":"\t57 Change in situation of licensee\n\n(1) Whenever a change of a kind specified by the Commission in writing given to the holder of a licence takes place in the situation existing in relation to the holder of the licence, the holder must notify the Commission in writing of the change within 14 days after it takes place.\n\nS. 57(2) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 60).\n\n","sortOrder":117},{"sectionNumber":"58","sectionType":"section","heading":"Training courses for employees","content":"\t58 Training courses for employees\n\nS. 58(1) amended by No. 36/1994 s. 20(e).\n\n(1) A casino operator must provide for persons employed or to be employed by the operator as special employees in the casino training courses relating to the playing of games, the conduct of games and approved betting competitions and associated activities in connection with casino operations.\n\nS. 58(2) amended by No. 47/2005 s. 7.\n\n(2) Training courses provided for the purposes of this section must be conducted by the casino operator or, with the approval of the Commission, the nominee of the casino operator.\n\nS. 58(2)(a) amended by Nos 93/1993 s. 12, 114/2003 s. 12.1.2 (Sch. 5 item 61), 104/2004 s. 46(a), repealed by No. 47/2005 s. 7.\n\nS. 58(2)(b) amended by Nos 93/1993 s. 12, 114/2003 s. 12.1.2 (Sch. 5 item 61), repealed by No. 104/2004 s. 46(b).\n\nS. 58(3) amended by No. 36/1994 s. 20(f)(i)–(iii).\n\n(3) A casino operator may conduct gaming and approved betting competitions on a simulated basis for the purpose of training employees, testing gaming equipment and gaming procedures, testing betting equipment and betting procedures and demonstrating the conduct and playing of games and the conduct of approved betting competitions, but only if—\n\nS. 58(3)(a) amended by Nos 93/1993 s. 12, 114/2003 s. 12.1.2 (Sch. 5 item 61).\n\n(a) the operator has the approval of the Commission to do so; and\n\nS. 58(3)(b) substituted by No. 36/1994 s. 7, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 61).\n\n(b) no cash or chips are used without the approval of the Commission.\n\n(4) Despite the provisions of any other law, the possession and use of gaming equipment as authorised by subsection (3) is lawful.\n\nS. 58(5) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 62).\n\nS. 58A inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 63).\n\n","sortOrder":118},{"sectionNumber":"58A","sectionType":"section","heading":"Compulsory training for special employees in relation to gaming machines","content":"\t58A Compulsory training for special employees in relation to gaming machines\n\nS. 58A(1) substituted by No. 79/2006 s. 4.\n\n(1) Subject to subsection (1B), a licensee who is employed by a casino operator, regardless of when that employment commenced, and who performs any of the functions of a special employee in relation to gaming machines must complete—\n\n(a) an appropriate approved training course within the period specified in subsection (1A); and\n\n(b) an approved refresher course within the period of 3 years following completion of an approved training course and every period of 3 years thereafter.\n\nS. 58A(1A) inserted by No. 79/2006 s. 4.\n\n(1A) An approved training course must be completed—\n\n(a) in the case of a licensee who is in the employment of a casino operator immediately before the commencement of section 4(1) of the **Justice Legislation (Further Amendment) Act 2006**, within 12 months after the approval of that course by the Commission;\n\n(b) in the case of a licensee who is employed by a casino operator on or after the commencement of section 4(1) of the **Justice Legislation (Further Amendment) Act 2006**—\n\n(i) within 6 months after the licensee commences to perform any of the functions of a special employee in relation to gaming machines; or\n\n(ii) within 12 months after the approval of that course by the Commission—\n\nwhichever period expires later.\n\nS. 58A(1B) inserted by No. 79/2006 s. 4.\n\n(1B) Subsection (1)(a) does not apply to a licensee who has completed an approved training course—\n\n(a) after the commencement of section 4(1) of the **Justice Legislation (Further Amendment) Act 2006**; and\n\n(b) within the period of 3 years immediately before the commencement of employment with a casino operator.\n\n(2) A casino operator must ensure that a person employed by the casino operator as a special employee does not perform any of the functions of a special employee in relation to gaming machines if the person has not complied with subsection (1).\n\n(3) The courses required by this section are in addition to those required by section 58.\n\nS. 58A(4) amended by No. 104/2004 s. 47, substituted by No. 58/2015 s. 4.\n\n(4) In this section—\n\n***approved refresher course*** means a refresher course approved by the Commission under section 58B(1);\n\n***approved training course*** means a training course approved by the Commission under section 58B(1).\n\nS. 58B inserted by No. 58/2015 s. 5.\n\n","sortOrder":119},{"sectionNumber":"58B","sectionType":"section","heading":"Commission may approve training courses and refresher courses","content":"\t58B Commission may approve training courses and refresher courses\n\n(1) The Commission, from time to time, may approve a course that relates to the responsible provision of gaming as either—\n\n(a) a training course for the purposes of section 58A; or\n\n(b) a refresher course for the purposes of section 58A.\n\n(2) An approval under subsection (1) is to be made by instrument.\n\n(3) An approval under subsection (1) remains in force for 5 years unless sooner revoked.\n\n(4) An application for the renewal of an approval under subsection (1) may be made to the Commission before the expiry of the approval.\n\n(5) An application under subsection (4) may be made by—\n\n(a) the casino operator; or\n\n(b) the person who provides the course in relation to which the application is made.\n\n(6) Despite subsection (3), an approval under subsection (1) that is the subject of an application under subsection (4) does not expire until the Commission determines the application.\n\n(7) If the Commission grants an application under subsection (4), the renewed approval is taken to have been made 5 years after the previous approval was made and must be dated accordingly.\n\n","sortOrder":120},{"sectionNumber":"Part 5","sectionType":"part","heading":"Casino operations","content":"Part 5—Casino operations\n\nPt 5 Div. 1 (Heading) inserted by No. 54/2021 s. 20(a).\n\nDivision 1—Approval of premises and games\n\nS. 59 (Heading) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 64).\n\n","sortOrder":121},{"sectionNumber":"59","sectionType":"section","heading":"Casino layout to be as approved by Commission","content":"\t59 Casino layout to be as approved by Commission\n\nS. 59(1) amended by Nos 36/1994 s. 20(g), 114/2003 s. 12.1.2 (Sch. 5 item 65).\n\n(1) It is a condition of a casino licence that gaming or an approved betting competition is not to be conducted in the casino unless the facilities provided in relation to the conduct and monitoring of operations in the casino are in accordance with plans, diagrams and specifications that are for the time being approved by the Commission under this section.\n\nS. 59(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 65).\n\n(2) The Commission may approve plans, diagrams and specifications indicating the following—\n\n(a) the situation within the casino of gaming tables and gaming equipment, counting rooms, cages and other facilities provided for operations in the casino;\n\n(b) the manner in which a closed circuit television system operates within the casino, including details of the positions and field of coverage of the cameras and viewing screens and the height of the cameras above the gaming;\n\n(c) the position and description of a catwalk surveillance system for the direct visual monitoring of operations in the casino;\n\n(d) the communication facilities provided for persons monitoring operations in the casino, whether by means of the closed circuit television system or the catwalk surveillance system, or otherwise.\n\nS. 59(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 65).\n\n(3) The Commission may amend an approval under this section by giving not less than 14 days' written notice of the amendment to the casino operator.\n\nS. 59(4) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 66).\n\n","sortOrder":122},{"sectionNumber":"60","sectionType":"section","heading":"Approval of games and rules for games","content":"\t60 Approval of games and rules for games\n\nS. 60(1) amended by Nos 93/1993 s. 13(1), 38/2002 s. 6(1), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 67), amended by No. 7/2006 s. 17(1).\n\n(1) The Commission may approve the games that may be played in a casino (other than games to be played on a gaming machine) and the rules for those games.\n\nNote to s. 60(1) inserted by No. 38/2002 s. 6(2), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 67).\n\nGames to be played on gaming machines in a casino are approved under section 3.5.4 of the **Gambling Regulation Act 2003**.\n\nS. 60(1A) inserted by No. 94/1993 s. 19, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 68).\n\n(1A) The Commission may, under subsection (1), give approvals that differ according to differences in time, place or circumstances.\n\nS. 60(1B) inserted by No. 94/1993 s. 19, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 68).\n\n(1B) The Commission must, in approving games under this section, comply with Part 5 of the Agreement, a copy of which is set out in Schedule 1 to the **Casino (Management Agreement) Act 1993**.\n\nS. 60(1C) inserted by No. 93/1993 s. 13(2), repealed by No. 37/1994 s. 229(e), new s. 60(1C) inserted by No. 7/2006 s. 17(2).\n\n(1C) The Commission must publish notice that an approval has been given under this section on the Commission's website.\n\nS. 60(2) substituted by No. 7/2006 s. 17(3).\n\n(2) A casino operator must not permit a game to be conducted or played in a casino unless—\n\n(a) an approval under this section is in force for the game and the rules for the game; and\n\n(b) the approved rules for the game are published on the casino operator's website and are available for inspection in the casino at the time the game is conducted or played; and\n\n(c) the game is conducted or played in accordance with the approved rules for the game.\n\nS. 60(3) substituted by No. 7/2006 s. 17(3), amended by No. 23/2025 s. 74(Sch. 1 item 1.10).\n\n(3) A person must not conduct a game in a casino, or permit a game the person conducts to be played in a casino, unless—\n\n(a) an approval under this section is in force for the game and the rules for the game; and\n\n(b) the approved rules for the game are published on the casino operator's website and are available for inspection in the casino at the time the game is conducted or played; and\n\n(c) the game is conducted or played in accordance with the approved rules for the game.\n\nS. 60(4) amended by No. 68/2009 s. 97(Sch. item 16).\n\n(4) It is a defence to a prosecution for a contravention of subsection (3) if the accused establishes that the contravention was permitted by the casino operator.\n\nS. 60(5) inserted by No. 38/2002 s. 6(3).\n\n(5) Subsections (2) and (3) do not apply to a game played on a gaming machine in a casino.\n\n","sortOrder":123},{"sectionNumber":"61","sectionType":"section","heading":"Directions as to number of games to be available","content":"\t61 Directions as to number of games to be available\n\nS. 61(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 69).\n\n(1) The Commission may give a direction in writing to a casino operator concerning any one or more of the following—\n\n(a) the particular games that are or are not to be available to be played in the casino;\n\n(b) the minimum number of any particular game that is to be available to be played in the casino;\n\n(c) the maximum number of any particular game that is to be available to be played in the casino.\n\nS. 61(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 69).\n\n(2) The Commission may amend any such direction by a further direction in writing to the casino operator.\n\n(3) It is a condition of a casino licence that the casino operator is to comply with any direction for the time being in force under this section.\n\n","sortOrder":124},{"sectionNumber":"62","sectionType":"section","heading":"Approval of gaming equipment","content":"\t62 Approval of gaming equipment\n\nS. 62(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 70(a)).\n\n(1) The Commission may investigate or authorise the investigation of gaming equipment for the purpose of determining whether the equipment is suitable to be approved for use in a casino and may require the cost of such an investigation to be paid by a person seeking the approval.\n\nS. 62(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 70(a)).\n\n(2) The Commission may approve gaming equipment for use in a casino and, for that purpose, may approve particular equipment or may approve equipment of a specified class or description and may make the approval subject to conditions.\n\nS. 62(2A) inserted by No. 93/1993 s. 14, amended by No. 37/1994 s. 229(f), substituted by No. 38/2002 s. 7(1), amended by No. 114/2003 s. 12.1.2 (Sch. 5 items 70(a), 71).\n\n(2A) In approving gaming equipment under this section, the Commission may take into account the certificate of a person listed on the Roll under the **Gambling Regulation Act 2003**, being a person referred to in section 3.4.61(1)(c) of that Act.\n\n(3) The Regulations may specify standards with respect to the manufacture or supply of gaming equipment for use in a casino.\n\n(4) Despite the provisions of any other law, the possession of gaming equipment is lawful if—\n\n(a) the possession is for the purposes of an investigation under this section; or\n\nS. 62(4)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 70(a)(b)).\n\n(b) the equipment is identifiable in a manner approved by the Commission and is in a casino with the approval of the Commission or the circumstances of its possession are such as have been approved by the Commission generally or in a particular case.\n\nS. 62(5) inserted by No. 38/2002 s. 7(2).\n\n(5) This section does not apply to gaming equipment that is a gaming machine.\n\nS. 62(6) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 72).\n\nPt 5 Div. 2 (Heading) inserted by No. 54/2021 s. 20(b).\n\nDivision 2—Gaming machines\n\nS. 62AA inserted by No. 72/2007 s. 56, amended by No. 29/2011 s. 3(Sch. 1 item 7).\n\n\t62AA Gaming machines must be located indoors\n\nA casino operator must not allow a game to be played on a gaming machine in the casino that is not located wholly indoors.\n\nS. 62A inserted by No. 93/1993 s. 15, amended by No. 16/2000 s. 3 (ILA s. 39B(1)).\n\n\t62A Gaming machines in casinos\n\nS. 62A(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 73).\n\n(1) Gaming machines intended for use in a casino must be obtained from manufacturers and suppliers listed on the Roll within the meaning of the **Gambling Regulation Act 2003**.\n\nS. 62A(2) inserted by No. 16/2000 s. 3, amended by No. 73/2014 s. 4.\n\n(2) The number of gaming machines available for gaming at the Melbourne Casino must not exceed 2628.\n\nS. 62A(3) inserted by No. 16/2000 s. 3.\n\n(3) In subsection (2), ***Melbourne Casino*** has the same meaning as in the Agreement within the meaning of the **Casino (Management Agreement) Act 1993**.\n\nS. 62A(4) inserted by No. 38/2002 s. 7(3).\n\n(4) The Minister may from time to time give a direction in writing to a casino operator as to the bet limits to apply to gaming machines in the casino.\n\nS. 62A(5) inserted by No. 38/2002 s. 7(3).\n\n(5) The Minister may vary or revoke a direction by further direction in writing to the casino operator.\n\nS. 62A(6) inserted by No. 38/2002 s. 7(3).\n\n(6) The Minister must, as soon as possible after giving a direction under subsection (4) or (5), cause notice of the direction to be published in the Government Gazette.\n\nS. 62A(7) inserted by No. 38/2002 s. 7(3).\n\n(7) A casino operator must comply with a direction given under subsection (4) or (5).\n\nS. 62AB inserted by No. 38/2002 s. 8.\n\n\t62AB Banning large denomination note acceptors and autoplay facilities\n\n(1) A casino operator must not allow a game to be played on a gaming machine that accepts banknotes with a denomination greater than $50.\n\n(2) A casino operator must not allow a game to be played on a gaming machine unless each spin can be initiated only by a distinct and separate activation of the machine by the player (whether by pushing a play button, touching the screen or otherwise).\n\n(3) Subsections (1) and (2) do not apply, before 1 January 2008, to a game that was approved by the Authority before 1 January 2003.\n\nS. 62AB(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 74).\n\n(4) Subsections (1) and (2) do not apply to a game played on a gaming machine located in an area specified by notice of the Commission published in the Government Gazette if the casino operator complies with the conditions, if any, specified in the notice.\n\nS. 62AC inserted by No. 38/2002 s. 8.\n\n\t62AC Spin rates\n\nS. 62AC(1) amended by No. 18/2025 s. 17(1).\n\n(1) A casino operator must not allow a game to be played on a gaming machine that is of a type approved by the Commission under section 3.5.4 of the **Gambling Regulation Act 2003** on or before 1 December 2025 or an earlier day declared by the Minister under subsection (2) if the spin rate of the game is less than 2⋅14 seconds.\n\nS. 62AC(1A) inserted by No. 18/2025 s. 17(2).\n\n(1A) A casino operator must not allow a game to be played on a gaming machine that is of a type approved by the Commission under section 3.5.4 of the **Gambling Regulation Act 2003** on or after 1 December 2025 or an earlier day declared by the Minister by notice published in the Government Gazette if the spin rate of the game is less than 3 seconds.\n\nS. 62AC(2) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 74), 18/2025 s. 17(3).\n\n(2) Subsections (1) and (1A) do not apply to a game played on a gaming machine located in an area specified by notice of the Commission published in the Government Gazette if the casino operator complies with the conditions, if any, specified in the notice.\n\nS. 62B inserted by No. 93/1993 s. 15, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 74).\n\n","sortOrder":125},{"sectionNumber":"62B","sectionType":"section","heading":"Linked jackpots unlawful without approval","content":"\t62B Linked jackpots unlawful without approval\n\nA person must not, without the approval of the Commission, install or cause to be installed a linked jackpot arrangement.\n\nS. 62C inserted by No. 42/2022 s. 36.\n\n","sortOrder":126},{"sectionNumber":"62C","sectionType":"section","heading":"Mandatory pre-commitment","content":"\t62C Mandatory pre-commitment\n\nS. 62C(1) substituted by No. 23/2025 s. 69.\n\n(1) This section applies on and after 1 December 2025 or the earlier day declared by the Minister under subsection (3) if—\n\n(a) a direction is in force under section 3.8A.2 of the **Gambling Regulation Act 2003** providing for a pre-commitment system in relation to the playing of gaming machines in a casino; or\n\n(b) the Minister has included as a condition of the monitoring licence providing for a pre‑commitment system in relation to the playing of gaming machines in a casino.\n\n(2) The casino operator must not allow a person ordinarily resident in Australia to play a game on a gaming machine in the casino unless—\n\n(a) an account has been established for the person for the purposes of the pre‑commitment system; and\n\n(b) the pre-commitment system sets a limit or limits, or requires the person to set a limit or limits, in accordance with the regulations.\n\nS. 62C(2A) inserted by No. 30/2023 s. 8.\n\n(2A) Subsection (2) does not apply during any period approved by the Commission in accordance with a direction of the Minister under section 3.2.3(1)(e) of the **Gambling Regulation Act 2003** if the casino operator complies with any conditions imposed by the Commission (whether in accordance with the direction or otherwise).\n\n(3) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section applies.\n\n(4) The Minister may declare different days in relation to different types of games or different types of gaming machines.\n\nPt 5 Div. 3 (Heading) inserted by No. 54/2021 s. 20(c).\n\nDivision 3—Conduct of gaming and entry to casino\n\n","sortOrder":127},{"sectionNumber":"63","sectionType":"section","heading":"Unsatisfactory gaming equipment","content":"\t63 Unsatisfactory gaming equipment\n\nS. 63(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 75).\n\n(1) The Commission may, following a report to the Commission made by an inspector, direct a casino operator to rectify to the satisfaction of an inspector, or to destroy, gaming equipment that the inspector has directed the operator to cease to have available for use on the ground that it is unsatisfactory.\n\n(2) A casino operator must forthwith comply with such a direction.\n\nS. 63(3) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 76).\n\nS. 64 amended by No. 38/2002 s. 9 (ILA s. 39B(1)).\n\n","sortOrder":128},{"sectionNumber":"64","sectionType":"section","heading":"Conduct of gaming","content":"\t64 Conduct of gaming\n\n(1) The casino operator is responsible for ensuring that the following provisions are complied with in the casino and is guilty of an offence if they are not complied with—\n\n(a) gaming equipment must not be used for gaming in the casino unless—\n\nS. 64(1)(a)(i) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 77(a)).\n\n(i) the Commission has approved in writing of the use in the casino of that equipment or of the class or description of equipment concerned, whether or not subject to conditions; and\n\n(ii) the equipment is used only in accordance with conditions to which the approval is subject;\n\nS. 64(1)(b) amended by Nos 36/1994 s. 8, 114/2003 s. 12.1.2 (Sch. 5 item 77(a)).\n\n(b) all playing cards dealt in the course of gaming in the casino must be dealt from a card shoe or, if the Commission has approved, by notice published in the Government Gazette, of the use of another procedure or device for dealing cards, by that procedure or from that device;\n\n(c) chips for gaming in the casino must not be issued unless the chips are paid for in money to the value of the chips or by chip purchase voucher that, on payment of the amount shown on the voucher, was issued by or on behalf of the operator;\n\n(d) gaming wagers must not be placed in the casino otherwise than by means of chips unless the rules of the game require or provide for the placing of wagers in money;\n\nS. 64(1)(e) amended by No. 36/1994 s. 20(h)(i)(ii).\n\n(e) all wagers won in the course of gaming or betting in the casino must be paid for in full without deduction of any commission or levy, other than a commission or levy provided for in the rules of the game or betting competition;\n\nS. 64(1)(f) amended by No. 28/2022 s. 12(a).\n\n(f) all wagers won in the course of gaming in the casino must be paid in chips, unless the rules of a game specifically permit payment by cash, cheque or electronic funds transfer;\n\n(g) at the request of a patron of the casino, during the times the casino is open to the public for gaming—\n\n(i) chip purchase vouchers issued by the casino operator must be exchanged for chips; and\n\n(ii) chips must be exchanged for other chips; and\n\nS. 64(1)(g)(iii) amended by Nos 11/2001 s. 3(Sch. item 10.2), 114/2003 s. 12.1.2 (Sch. 5 item 77(b)), 28/2022 s. 5, substituted by No. 28/2022 s. 12(b).\n\n(iii) chips, or chip purchase vouchers issued by the casino operator, must be redeemed (for a value equivalent to their value) for money or, at the option of the operator—\n\n(A) by electronic funds transfer; or\n\n(B) for a cheque made payable to the patron and drawn on an ADI approved by the Commission;\n\nS. 64(1)(h) repealed by No. 93/1993 s. 16(a).\n\nS. 64(1)(i) substituted by No. 93/1993 s. 16(b).\n\n(i) a person who is a casino employee or an agent of the casino operator must not at the casino induce patrons to enter the casino;\n\nS. 64(1)(j) amended by Nos 36/1994 s. 20(i)(i)(ii), 114/2003 s. 12.1.2 (Sch. 5 item 77(b)).\n\n(j) a person must not be required to pay a deposit, charge, commission or levy (whether directly or indirectly and whether or not it is claimed to be refundable) to enter the casino or, except as may be provided by the rules of a game or betting competition or as may be approved by the Commission, to take part in gaming or betting in the casino.\n\nS. 64(2) inserted by No. 38/2002 s. 9, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 77(b)).\n\n(2) Despite subsection (1), a casino operator may accept gaming wagers, pay wagers won on gaming or betting or issue or redeem chips in or for the currency of a country other than Australia for commission based players in accordance with any relevant controls and procedures approved by the Commission under section 121 in respect of the use of foreign currency in the casino.\n\nS. 64(3) inserted by No. 38/2002 s. 9.\n\n(3) In subsection (2)—\n\nS. 64(3) def. of *commission based player* amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 77(b)), 54/2021 s. 21.\n\n***commission based player*** means a person who participates in a premium player arrangement where the person and the casino operator satisfy the requirements of any relevant controls and procedures approved by the Commission under section 121 in respect of a premium player.\n\nS. 64(4) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 78).\n\nS. 64(5) inserted by No. 42/2022 s. 37.\n\n(5) This section is subject to section 64A.\n\nS. 64A inserted by No. 42/2022 s. 38.\n\n","sortOrder":129},{"sectionNumber":"64A","sectionType":"section","heading":"Cashless gaming requirements","content":"\t64A Cashless gaming requirements\n\nS. 64A(1) amended by No. 40/2025 s. 10(1).\n\n(1) On and after 1 December 2027 or the earlier day declared by the Minister under subsection (3), a casino operator must not accept more than $1000 in cash from a person in a day for the purpose of gaming in the casino, including in exchange for the issue of non-cash gaming tokens or chips.\n\nNote to s. 64A(1) repealed by No. 30/2023 s. 6.\n\n(2) On and after 1 December 2025 or the earlier day declared by the Minister under subsection (3), a casino operator must comply with any requirements of the regulations, the technical standards and the operational requirements that relate to the conduct of gaming involving non‑cash gaming tokens in the casino.\n\nS. 64A(3) substituted by No. 40/2025 s. 10(2).\n\n(3) The Minister, by notice published in the Government Gazette, may declare a day earlier than—\n\n(a) 1 December 2027 on and after which subsection (1) applies; and\n\n(b) 1 December 2025 on and after which subsection (2) applies.\n\nS. 64A(4) substituted by No. 40/2025 s. 10(2).\n\n(4) The Minister may declare different days in relation to different types of gaming.\n\n(5) In this section—\n\n***operational requirements*** means requirements determined by the Commission under section 10.1.5C of the **Gambling Regulation Act 2003**;\n\n***technical standards*** means standards made by the Commission under section 3.5.3, 10.1.5A or 10.1.5B of the **Gambling Regulation Act 2003**.\n\nS. 64B inserted by No. 30/2023 s. 7.\n\n","sortOrder":130},{"sectionNumber":"64B","sectionType":"section","heading":"Payment of winnings","content":"\t64B Payment of winnings\n\nS. 64B(1) amended by No. 40/2025 s. 11(1).\n\n(1) This section applies on and after 1 December 2027 or the earlier day declared by the Minister under subsection (9).\n\nS. 64B(2) amended by No. 40/2025 s. 11(2).\n\n(2) A casino operator must not pay winnings or accumulated credits exceeding $1000 in a day from playing games in the casino unless the casino operator first verifies the person's identity in accordance with the regulations.\n\nS. 64B(3) substituted by No. 23/2025 s. 70(1), amended by No. 40/2025 s. 11(2).\n\n(3) A casino operator must not pay, or allow another person to pay, to a person winnings or accumulated credits exceeding $1000 in a day from playing games in the casino except—\n\n(a) by cheque in accordance with subsection (4); or\n\n(b) by electronic funds transfer in accordance with subsection (6).\n\n(4) A casino operator must, at the request of a person, pay any winnings or accumulated credits to the person by cheque that is not payable to cash.\n\nS. 64B(4A) inserted by No. 23/2025 s. 70(2).\n\n(4A) Subsection (4) does not apply to a casino operator who does not have the facilities to provide cheques.\n\n(5) A casino operator must not, at the casino, give, or allow another person to give, a person cash or gaming tokens in exchange for a cheque drawn on an account of the casino operator to enable that person to play a gaming machine in the casino.\n\n(6) A casino operator must—\n\n(a) at the request of a person, pay any winnings or accumulated credits to the person by electronic funds transfer; and\n\n(b) if at least $1000 is to be transferred, ensure that those funds are not transferred until 24 hours after the request.\n\n(7) Subsection (6) does not apply to a casino operator who does not have the facilities to make the electronic funds transfer described in that subsection.\n\n(8) A reference in subsection (2) or (3) to the payment of winnings or accumulated credits—\n\n(a) includes a payment by cash, cheque, electronic funds transfer or any other form of money, whether—\n\n(i) by a staff member at the gaming machine or other place where the game is played; or\n\n(ii) at the cage or cashier; or\n\n(iii) from a cashless gaming account; and\n\n(b) includes a payment of money from a cashless gaming account or deposit account or on presentation of a non‑cash gaming token; but\n\n(c) does not include a payment to a non‑cash gaming token or cashless gaming account prior to funds being redeemed for money.\n\nS. 64B(9) amended by No. 40/2025 s. 11(1).\n\n(9) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2027 on and after which this section applies.\n\n(10) The Minister may declare different days in relation to different types of gaming.\n\n","sortOrder":131},{"sectionNumber":"65","sectionType":"section","heading":"Times of operation of casinos","content":"\t65 Times of operation of casinos\n\nS. 65(1) amended by Nos 36/1994 s. 20(j), 114/2003 s. 12.1.2 (Sch. 5 item 79).\n\n(1) A casino operator must cause the casino to be open to the public for gaming and betting in accordance with this Act on such days and at such times as are for the time being directed by the Commission by order in writing served on the operator.\n\n(2) The operator must cause the casino to be closed to the public—\n\n(a) on days and at times that are not days or times specified in a direction for the time being in force under this section in relation to the casino; and\n\n(b) on days or at times specified in such a direction as days on which, or times at which, the opening of the casino to the public is prohibited.\n\nS. 65(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 79).\n\n(3) Before giving or varying a direction under this section, the Commission must consider any representations made by the casino operator in relation to the hours and days to be specified in the direction.\n\nS. 65(4) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 80).\n\n","sortOrder":132},{"sectionNumber":"66","sectionType":"section","heading":"Assistance to patrons","content":"\t66 Assistance to patrons\n\nS. 66(1) amended by No. 93/1993 s. 17, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 81).\n\n(1) A casino operator must—\n\n(a) display a notice in accordance with subsection (1A) informing patrons where a copy of rules under section 60 may be inspected; and\n\n(b) display prominently in the casino—\n\n(i) the advice or information concerning those rules, the mode of payment of winning wagers and the odds of winning each wager; and\n\n(ii) any other advice or information to the player—\n\nas the Commission directs; and\n\n(c) display prominently at each gaming table or location related to the playing of a game, a sign indicating the permissible minimum and maximum wagers pertaining to the game played there.\n\n1. 25 penalty units.\n\nS. 66(1A) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 81).\n\n(1A) The notice must—\n\n(a) be in the form approved by the Commission; and\n\n(b) contain the information determined by the Commission; and\n\n(c) be displayed in the manner or location determined by the Commission.\n\nS. 66(1B) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 81).\n\n(1B) A casino operator must allow a patron to inspect a copy of the rules on request.\n\n1. 25 penalty units.\n\n(2) A casino operator must ensure that a minimum wager indicated in respect of a game at a table or location is not changed to a higher minimum unless a sign indicating the new minimum and the proposed time of change is displayed at the table or location at least 20 minutes before the time of proposed change.\n\nS. 66(3) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 82).\n\n","sortOrder":133},{"sectionNumber":"67","sectionType":"section","heading":"Operation of security equipment etc.","content":"\t67 Operation of security equipment etc.\n\nA casino operator must ensure that all casino installations, equipment and procedures for security and safety purposes are used, operated and applied at all relevant times for the preservation and maintenance of those purposes.\n\nS. 68 (Heading) inserted by No. 40/2025 s. 12(1).\n\n","sortOrder":134},{"sectionNumber":"68","sectionType":"section","heading":"Credit and accounts","content":"\t68 Credit and accounts\n\nS. 68(1) def. of *cheque* amended by Nos 11/2001 s. 3(Sch. item 10.3), 28/2022 s. 6(a).\n\n***cheque*** means a cheque (other than a traveller's cheque) that—\n\n(a) is drawn on an account of an ADI for a specific amount payable on demand; and\n\n(b) is dated but not post-dated.\n\nS. 68(2) amended by No. 36/1994 s. 20(k).\n\n(2) Except to the extent that this section otherwise allows, a casino operator must not, and an agent of the operator or a casino employee must not, in connection with any gaming or betting in the casino—\n\n(a) accept a wager made otherwise than by means of money or chips; or\n\n(b) lend money or any valuable thing; or\n\n(c) provide money or chips as part of a transaction involving a credit card or a debit card; or\n\n(d) extend any other form of credit; or\n\nS. 68(2)(e) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 83).\n\n(e) except with the approval of the Commission, wholly or partly release or discharge a debt.\n\nS. 68(2A) inserted by No. 40/2025 s. 12(2).\n\n(2A) A cashless gaming account must be credited with—\n\n(a) the amount of any deposit made to the account in the form of—\n\n(i) cash; or\n\nSee also section 64A(1) which provides that a casino operator must not accept more than $1000 in cash from a person in a day for the purposes of gaming in the casino, including in exchange for the issue of non-cash gaming tokens or chips. Section 64A(1) applies on and after 1 December 2027 or an earlier day declared by the Minister.\n\n(ii) an electronic funds transfer from an account held in the name of the person for whom the cashless gaming account is established with an ADI or with a financial institution outside Australia; or\n\n(iii) a transfer of funds from a deposit account; and\n\n(b) the value of any non-cash gaming token or chip transferred or exchanged for credit to the cashless gaming account.\n\nS. 68(2B) inserted by No. 40/2025 s. 12(2).\n\n(2B) Despite subsection (2)(c), a casino operator may deposit to a cashless gaming account money as part of a transaction involving a debit card if—\n\n(a) the debit card is used to make a transfer referred to in subsection (2A)(a)(ii) via an application on a mobile device or a website; or\n\n(b) the transaction is processed in person by a member of staff.\n\nS. 68(3) amended by No. 42/2022 s. 39, substituted by No. 40/2025 s. 12(3).\n\n(3) A casino operator may establish for a person a deposit account to which is to be credited the amount of any deposit made to the account in the form of—\n\n(a) a transfer of funds from an account held in the name of the person for whom the deposit account is established with an ADI or with a financial institution outside Australia; or\n\n(b) a cheque payable to the operator; or\n\n(c) a traveller's cheque; or\n\n(d) a transfer of funds from a cashless gaming account; or\n\n(e) winnings in a form other than cash transferred or exchanged for credit to the deposit account.\n\n1 Chips.\n\n2 Chip purchase vouchers.\n\n3 Non-cash gaming tokens.\n\n(4) The operator may issue to a person who establishes a deposit account and debit to the account chip purchase vouchers or money, not exceeding in total value the amount standing to the credit of the account at the time of issue of the vouchers or money.\n\n(5) The operator may, in exchange for a cheque payable to the operator or a traveller's cheque, issue to a person chip purchase vouchers of a value equivalent to the amount of the cheque or traveller's cheque.\n\n(6) A cheque accepted by the operator may, by agreement with the operator, be redeemed in exchange for the equivalent in value to the amount of the cheque of any one or more of the following—\n\n(a) money;\n\n(b) cheque payable to the operator;\n\n(c) chip purchase vouchers;\n\n(d) chips.\n\n(7) The casino operator—\n\nS. 68(7)(a) amended by Nos 11/2001 s. 3(Sch. item 10.4), 114/2003 s. 12.1.2 (Sch. 5 item 83), 28/2022 s. 6(b).\n\n(a) must, within the time specified by the Commission by notice in writing given to the operator for the purposes of this subsection, deposit a cheque with an ADI accepted by the operator under this section; and\n\n(b) must not agree to the redemption of such a cheque for the purpose of avoiding compliance with paragraph (a).\n\nS. 68(8) inserted by No. 73/1996 s. 10, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 83), substituted by No. 54/2021 s. 22.\n\n(8) Despite subsection (2), a casino operator may provide chips on credit to a person who is not ordinarily resident in Australia for use while participating in a premium player arrangement with the casino operator if the casino operator and the person satisfy the requirements of any relevant controls and procedures approved by the Commission under section 121 in respect of a premium player.\n\nS. 68A inserted by No. 42/2022 s. 40.\n\n","sortOrder":135},{"sectionNumber":"68A","sectionType":"section","heading":"Prohibition on credit facilities relating to cashless gaming","content":"\t68A Prohibition on credit facilities relating to cashless gaming\n\nA casino operator must not provide, or allow a person to provide, facilities by which a credit account can be used—\n\n(a) to obtain a non-cash gaming token; or\n\n(b) to increase the value of a non-cash gaming token.\n\nS. 69 amended by Nos 36/1994 s. 9, 17/1996 s. 29, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 84), new s. 69 inserted by No. 72/2007 s. 57, amended by No. 62/2017 s. 58.\n\n","sortOrder":136},{"sectionNumber":"69","sectionType":"section","heading":"Responsible Gambling Code of Conduct is a condition of licence","content":"\t69 Responsible Gambling Code of Conduct is a condition of licence\n\nIt is a condition of a casino licence that the casino operator implement a Responsible Gambling Code of Conduct that complies with—\n\nS. 69(a) inserted by No. 62/2017 s. 58.\n\n(a) regulations made for or with respect to Part 4C in Schedule 1 to the **Gambling Regulation Act 2003**; and\n\nS. 69(b) inserted by No. 62/2017 s. 58.\n\n(b) each direction under section 10.6.6(1) of that Act that applies in relation to the casino operator.\n\n","sortOrder":137},{"sectionNumber":"70","sectionType":"section","heading":"Right of entry to a casino","content":"\t70 Right of entry to a casino\n\n(1) Except as provided by this section and section 71, a person enters and remains in a casino only by the licence of the operator of the casino.\n\nS. 70(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 85).\n\n(2) An inspector may enter, and remain in, a casino, or any part of a casino, in the performance of functions conferred or imposed on the inspector by this Act or the **Gambling Regulation Act 2003**.\n\n","sortOrder":138},{"sectionNumber":"71","sectionType":"section","heading":"Police powers of entry to a casino","content":"\t71 Police powers of entry to a casino\n\n(1) For the purpose of the discharge of the duty of a police officer, any part of a casino to which the public has access is to be considered to be a public place.\n\nS. 71(2) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 86), 23/2025 s. 74(Sch. 1 item 1.11).\n\n(2) A police officer may, on being authorised by the Commission or an inspector so to do, enter any part of a casino to which the public does not have access and may remain there for the purpose of discharging the police officer's duty.\n\n(3) Such an authorisation may be given in a particular case or generally and may be given so as to operate on a specified occasion or throughout a specified period.\n\nS. 71(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 86).\n\n(4) The Commission or an inspector giving such an authorisation to a police officer must inform the casino operator or the person for the time being in charge of the casino as soon as practicable.\n\n(5) Nothing in this section affects any power a police officer has by law to enter any part of a casino.\n\nS. 71(6) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 87).\n\nPt 5 Div. 3A (Heading and ss 71A–71E) inserted by No. 42/2022 s. 41.\n\n","sortOrder":139},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Carded play","content":"Division 3A—Carded play\n\nS. 71A inserted by No. 42/2022 s. 41.\n\n","sortOrder":140},{"sectionNumber":"71A","sectionType":"section","heading":"Application of Division","content":"\t71A Application of Division\n\nS. 71A(1) amended by No. 40/2025 s. 13.\n\n(1) This Division applies on and after 1 December 2027 or the earlier day declared by the Minister under subsection (2).\n\nS. 71A(2) amended by No. 40/2025 s. 13.\n\n(2) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2027 on and after which this Division applies.\n\n(3) The Minister may declare different days—\n\n(a) in relation to different types of games; and\n\n(b) for the purposes of different provisions of this Division.\n\nS. 71B inserted by No. 42/2022 s. 41.\n\n","sortOrder":141},{"sectionNumber":"71B","sectionType":"section","heading":"Issue of player cards","content":"\t71B Issue of player cards\n\n(1) A casino operator must not issue a player card to a person unless the casino operator has verified the person's identity in accordance with the regulations.\n\nPenalty: 600 penalty units.\n\n(2) A person must not give any information that is false or misleading in a material particular to a casino operator or casino employee for the purpose of, or in connection with, obtaining a player card.\n\nS. 71C inserted by No. 42/2022 s. 41.\n\n","sortOrder":142},{"sectionNumber":"71C","sectionType":"section","heading":"Carded play mandatory","content":"\t71C Carded play mandatory\n\nS. 71C(1) amended by No. 40/2025 s. 14(1).\n\n(1) A casino operator must not allow a game (other than a traditional table game) to be played in the casino other than by the use of a player card that meets the prescribed requirements and specifications.\n\nS. 71C(1A) inserted by No. 40/2025 s. 14(2).\n\n(1A) A casino operator must not knowingly or recklessly allow a person to play a traditional table game in the casino other than by the use of a player card that meets the prescribed requirements and specifications.\n\n(2) A person must not play a game in the casino other than by the use of a player card that meets the prescribed requirements and specifications.\n\nS. 71D inserted by No. 42/2022 s. 41.\n\n","sortOrder":143},{"sectionNumber":"71D","sectionType":"section","heading":"Requirement to join or participate in loyalty scheme for carded play prohibited","content":"\t71D Requirement to join or participate in loyalty scheme for carded play prohibited\n\n(1) A casino operator must not require a person to join or participate in a loyalty scheme before issuing a player card to the person.\n\n(2) A casino operator must not require a person to be a participant in a loyalty scheme while using a player card to play a game in the casino.\n\n(3) In this section—\n\n***loyalty scheme*** has the same meaning as in section 1.3(1) of the **Gambling Regulation Act 2003**.\n\nS. 71E inserted by No. 42/2022 s. 41.\n\n","sortOrder":144},{"sectionNumber":"71E","sectionType":"section","heading":"Player activity statements","content":"\t71E Player activity statements\n\n(1) A casino operator must not allow a person to play a game in the casino unless—\n\n(a) the casino operator has given the person a written statement that complies with the prescribed requirements; and\n\n(b) the person has agreed to receive player activity statements relating to the playing of games in the casino.\n\n(2) A casino operator must provide each active player with player activity statements in accordance with the regulations.\n\nS. 71E(3) amended by No. 40/2025 s. 15.\n\n(3) If an active player elects to collect a player activity statement in the casino complex, the casino operator must, within 7 days after the statement is prepared, send the player, by post, fax, email or other electronic communication, notice that the statement is available for collection.\n\n(4) A notice under subsection (3) must advise the active player of the provisions of subsection (5).\n\n(5) If an active player does not collect their player activity statement within 3 months after the day on which notice of the availability of the statement is sent to the player under subsection (3), the casino operator must not allow the player to accrue any bonus, loyalty or reward points from playing games in the casino until the player collects the statement.\n\n(6) If an active player requests an additional copy of a player activity statement, the casino operator must provide it to the player free of charge.\n\n(7) In this section—\n\n***active player*** means a person who played a game in a casino using a player card during the statement period of a player activity statement to be provided in accordance with subsection (2).\n\nPt 5 Div. 4 (Heading) inserted by No. 54/2021 s. 20(d).\n\nDivision 4—Exclusion orders\n\n","sortOrder":145},{"sectionNumber":"72","sectionType":"section","heading":"Exclusion orders","content":"\t72 Exclusion orders\n\nS. 72(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 88(a)).\n\n(1) The Commission or a casino operator or the person for the time being in charge of a casino, may, by order given to a person orally or in writing, prohibit the person from entering or remaining in the casino.\n\nS. 72(1A) inserted by No. 17/1996 s. 30.\n\n(1A) An oral order lapses after 14 days.\n\n(2) If a person is given an oral order and the person requires the order to be given in writing, the oral order is suspended while the order is put in writing (but only if the person remains available in the casino to be given the written order).\n\nS. 72(2A) inserted by No. 36/1994 s. 10, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 88(a)), substituted by No. 23/2025 s. 71.\n\n(2A) On the voluntary application by a person to a casino operator, the casino operator must give the person a written order under this section prohibiting the person from entering or remaining in the casino.\n\nPenalty: 250 penalty units.\n\nS. 72(2B) inserted by No. 36/1994 s. 10, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 88(b)), substituted by No. 23/2025 s. 71.\n\n(2B) On the voluntary application by a person to the Commission, the Commission may give the person a written order under this section prohibiting the person from entering or remaining in a casino.\n\nS. 72(2C) inserted by No. 23/2025 s. 71.\n\n(2C) An application under subsection (2A) or (2B) must be in writing signed by the person applying.\n\nS. 72(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 88(c)).\n\n(3) As soon as practicable after a casino operator gives a written order under this section, the operator must cause a copy of the order to be given to the Commission.\n\n(4) This section does not authorise the exclusion from the casino of an inspector or other authorised person, or a police officer.\n\nS. 72(5) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 89).\n\nS. 73 amended by No. 36/1994 s. 11, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 90).\n\n","sortOrder":146},{"sectionNumber":"73","sectionType":"section","heading":"Appeal to Commission","content":"\t73 Appeal to Commission\n\n(1) If a written order under section 72 prohibiting the person from entering or remaining in a casino is made by—\n\n(a) a single commissioner; or\n\n(b) a casino operator; or\n\n(c) a person for the time being in charge of a casino—\n\nthe person receiving the order may appeal against the order to the Commission within 28 days of receipt of the written order.\n\n(2) An appeal must—\n\n(a) be in writing; and\n\n(b) specify the grounds on which it is made.\n\n(3) After consideration of an appeal, the Commission may, by order—\n\n(a) reject the appeal and confirm the order; or\n\n(b) allow the appeal (in whole or part) and substitute a new order or vary the order.\n\n(4) An order of the Commission on an appeal—\n\n(a) must be notified in writing to the person; and\n\n(b) must include the reasons for its decision to make the order.\n\n(5) Nothing in this section prejudices the right of the Commission, a casino operator or a person in charge of a casino to make a further order in respect of that person for a reason considered sufficient by the Commission, casino operator or person in charge.\n\n(6) An appeal against an order does not affect the operation of the decision or prevent the taking of action to implement the order.\n\n(7) In the case of an appeal against an order made by a single commissioner, the Commission as constituted for the purposes of the appeal must not include that commissioner.\n\nS. 74 substituted by No. 38/2002 s. 10.\n\n","sortOrder":147},{"sectionNumber":"74","sectionType":"section","heading":"Exclusion orders by Chief Commissioner of Police","content":"\t74 Exclusion orders by Chief Commissioner of Police\n\nS. 74(1) amended by Nos 55/2005 s. 8(1)(a)(b), 23/2025 s. 74(Sch. 1 item 1.12).\n\n(1) The Chief Commissioner of Police may, if the Chief Commissioner of Police considers it necessary in the public interest, by written order given to a person, prohibit the person from entering or remaining in a casino or the casino complex.\n\nS. 74(1A) inserted by No. 55/2005 s. 8(2), amended by No. 53/2017 s. 70(2).\n\n(1A) An order under subsection (1) made in respect of the casino complex must include a copy of the plan lodged in the Central Plan Office and numbered LEGL./05–141.\n\n(2) As soon as practicable after making an exclusion order, the Chief Commissioner of Police must—\n\nS. 74(2)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 91).\n\n(a) give a copy of the order to the casino operator and the Commission and, if practicable, make available to the casino operator a photograph of the person who is the subject of the order; and\n\n(b) notify each interstate Chief Commissioner of the making of the order.\n\n(3) For the avoidance of doubt, an exclusion order given under this section is not subject to appeal under section 73.\n\nS. 74(4) inserted by No. 65/2013 s. 24.\n\n(4) The Chief Commissioner of Police must advise the Professional Boxing and Combat Sports Board (within the meaning of section 14 of the **Professional Boxing and Combat Sports Act 1985**) that an exclusion order has been made under this section if the person who is the subject of the order has a licence, or has applied for a licence or its renewal under Division 1 of Part II of the **Professional Boxing and Combat Sports Act 1985**.\n\nS. 74A inserted by No. 3/2009 s. 14.\n\n","sortOrder":148},{"sectionNumber":"74A","sectionType":"section","heading":"Procedure on application for review","content":"\t74A Procedure on application for review\n\n(1) This section applies if an application is made to a court for review of a decision by the Chief Commissioner under section 74 to make an exclusion order.\n\n(2) If the Chief Commissioner objects to the disclosure or production of protected information at the hearing of the application for review, the Chief Commissioner may apply before the hearing to the court to hear and determine the application for review—\n\nS. 74A(2)(a) amended by No. 37/2014 s. 10(Sch. item 12.2(a)).\n\n(a) at a hearing at which evidence given by a police officer is given on the basis of a confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or\n\n(b) at a hearing held in closed court in which the Chief Commissioner and each party to the proceeding has a right to make submissions; or\n\n(c) at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or\n\n(d) by any combination of the methods set out in paragraphs (a), (b) and (c).\n\n(3) If the court is satisfied that it is not in the public interest to hear and determine the application for review by the method specified by the Chief Commissioner in the application under subsection (2), the court may hear and determine the application by any other method set out in subsection (2).\n\n(4) In deciding which method to hear and determine the application for review, the court must take into account—\n\n(a) the public interest in protecting the confidentiality of police investigative techniques and protected information in the possession of the police; and\n\n(b) the extent to which the method of hearing and determining the application may disclose any intelligence information, or document or thing the disclosure of which—\n\nS. 74A(4)(b)(i) amended by No. 37/2014 s. 10(Sch. item 12.2(b)(i)).\n\n(i) reveals the identity of the police officer who provided information on the basis of which the exclusion order was made or puts that officer's safety at risk; or\n\nS. 74A(4)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 12.2(b)(ii)).\n\n(ii) reveals the identity of a person who has provided a police officer with information on the basis of which the exclusion order was made, or puts that person's safety at risk; or\n\nS. 74A(4)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 12.2(b)(ii)).\n\n(iii) reveals the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or puts that person's safety at risk; or\n\nS. 74A(4)  \n(b)(iv) amended by No. 37/2014 s. 10(Sch. item 12.2(b)(ii)).\n\n(iv) reveals the identity of a person who is or has been the subject of an investigation  by a police officer, or puts that person's safety at risk; or\n\nS. 74A(4)(b)(v) amended by No. 37/2014 s. 10(Sch. item 12.2(b)(ii)).\n\n(v) places at risk an ongoing investigation by a police officer; or\n\nS. 74A(4)  \n(b)(vi) amended by No. 37/2014 s. 10(Sch. item 12.2(b)(iii)).\n\n(vi) risks the disclosure of any investigative method used by police officers; or\n\n(vii) is otherwise not in the public interest.\n\nS. 74A(5) amended by No. 37/2014 s. 10(Sch. item 12.2(c)).\n\n(5) If the court decides to hear and determine the application for review by the method set out in subsection (2)(a), the court may require the police officer to provide the court with any further confidential affidavits the court requires to determine the application.\n\n(6) In this section ***protected information*** means any intelligence information, document or thing the production or inspection of which—\n\n(a) is likely to reveal any matter referred to in subsection (4)(b)(i) to (iv); or\n\nS. 74A(6)(b) amended by No. 37/2014 s. 10(Sch. item 12.2(d)(i)).\n\n(b) is likely to place at risk an ongoing investigation by a police officer; or\n\nS. 74A(6)(c) amended by No. 37/2014 s. 10(Sch. item 12.2(d)(ii)).\n\n(c) is likely to risk the disclosure of any investigative method used by police officers; or\n\n(d) is otherwise not in the public interest.\n\nS. 74B inserted by No. 3/2009 s. 14.\n\n","sortOrder":149},{"sectionNumber":"74B","sectionType":"section","heading":"Appointment of special counsel","content":"\t74B Appointment of special counsel\n\n(1) If a court decides to hear and determine an application for review at a hearing referred to in section 74A(2)(c), the court may appoint a special counsel to represent the interests of a party to the proceeding at the hearing.\n\nS. 74B(2) amended by No. 17/2014 s. 160(Sch. 2 item 12).\n\n(2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the court, has the appropriate skills and ability to represent the interests of the party at the hearing.\n\nS. 74B(3) amended by No. 23/2025 s. 74(Sch. 1 item 1.13).\n\n(3) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests the special counsel is representing, or any representative of that party, for the purpose of obtaining information from the party or representative in relation to the proceeding.\n\n(4) At any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—\n\nS. 74B(4)(a) amended by No. 23/2025 s. 74(Sch. 1 item 1.13).\n\n(a) must not take instructions from the party whose interests the special counsel is representing, or from any representative of that party; and\n\n(b) may communicate to that party or a representative of that party any order made by the court at or in relation to the hearing; and\n\n(c) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of the court.\n\n","sortOrder":150},{"sectionNumber":"75","sectionType":"section","heading":"Duration of exclusion orders","content":"\t75 Duration of exclusion orders\n\nS. 75(1) amended by No. 42/2022 s. 29.\n\n(1) Subject to section 72(1A), an exclusion order under section 72 or 74 remains in force in respect of a person unless and until it is revoked by the person who gave the order.\n\n(2) An exclusion order given by a person for the time being in charge of a casino may be revoked by any other person who is for the time being in charge of the casino or by the casino operator.\n\nS. 75(3) substituted by No. 38/2002 s. 11, amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 91), 23/2025 s. 74(Sch. 1 item 1.14).\n\n(3) If the Chief Commissioner of Police revokes an exclusion order, the Chief Commissioner of Police must notify each casino operator, the Commission and each interstate Chief Commissioner of the revocation.\n\nS. 75(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 91).\n\n(4) When an exclusion order is revoked by a casino operator or by the person for the time being in charge of a casino, the casino operator must give notice of the revocation to the Commission as soon as practicable after it occurs.\n\n","sortOrder":151},{"sectionNumber":"76","sectionType":"section","heading":"List of excluded persons","content":"\t76 List of excluded persons\n\nS. 76(1) amended by Nos 36/1994 s. 20(l), 38/2002 s. 12(1)(a), 55/2005 s. 9.\n\n(1) A casino operator must, immediately before gaming or betting commences in the casino on any day—\n\n(a) prepare a list of names bearing the date of that day; or\n\n(b) add the date of that day to an unchanged list of names applicable under this subsection on the last preceding day—\n\nthose names being the names of persons who, immediately before the only day, or each day, of which the date appears on the list, were the subject of exclusion orders under section 72 for the casino, or exclusion orders under section 74 for the casino or casino complex, or interstate exclusion orders, of which the operator is or was aware.\n\n(2) The operator must—\n\nS. 76(2)(a) amended by No. 36/1994 s. 20(m).\n\n(a) on each day on which the casino is open for gaming and betting, provide an inspector on duty in the casino with a copy of the list referred to in subsection (1) that bears the date of that day; and\n\nS. 76(2)(b) amended by No. 38/2002 s. 12(1)(b).\n\n(b) notify an inspector on duty in the casino of the making, or the revocation, of an exclusion order or interstate exclusion order of which the operator becomes aware during that day.\n\nS. 76(3) substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 92).\n\n(3) A person must not provide any part of a list prepared under subsection (1) to any person except—\n\n(a) the casino operator; or\n\n(b) a casino employee; or\n\n(c) the Commission; or\n\n(d) an inspector; or\n\n(e) a person approved by the Commission for the purpose.\n\n1. 10 penalty units.\n\nS. 76(4) inserted by No. 38/2002 s. 12(2), amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 93).\n\n(4) As soon as practicable after becoming aware of the making or revocation of an interstate exclusion order, the Chief Commissioner of Police must notify each casino operator and the Commission.\n\nS. 76A inserted by No. 42/2022 s. 30.\n\n","sortOrder":152},{"sectionNumber":"76A","sectionType":"section","heading":"Temporary exclusion orders","content":"\t76A Temporary exclusion orders\n\n(1) A casino employee or the Commission may orally give an order to a person prohibiting the person from entering or remaining in a casino for the period of not less than 15 minutes and not more than 24 hours stated in the order.\n\n(2) A temporary exclusion order lapses at the expiry of the period stated in it under subsection (1).\n\n(3) This section does not authorise the exclusion from a casino of an inspector or other authorised person, or a police officer.\n\nS. 76B inserted by No. 42/2022 s. 30.\n\n","sortOrder":153},{"sectionNumber":"76B","sectionType":"section","heading":"Excluded person not to enter casino or casino complex—operator offence","content":"\t76B Excluded person not to enter casino or casino complex—operator offence\n\n(1) If a person the subject of an exclusion order under section 72 or a temporary exclusion order relating to a casino, or a person the subject of an interstate exclusion order, enters or remains in the casino, the casino operator or the person for the time being in charge of the casino is guilty of an offence and liable to a penalty not exceeding 120 penalty units.\n\n(2) If a person the subject of an exclusion order under section 74 relating to a casino or the casino complex enters or remains in the casino or the casino complex, the casino operator or the person for the time being in charge of the casino or the casino complex is guilty of an offence and liable to a penalty not exceeding 120 penalty units.\n\n(3) Subsection (1) or (2) does not apply if the casino operator or the person for the time being in charge of a casino or the casino complex has taken all reasonable steps to prevent persons the subject of an exclusion order under section 72 or 74, a temporary exclusion order or an interstate exclusion order, as the case requires, from entering or remaining in the casino or the casino complex.\n\nS. 76B(4) amended by No. 30/2023 s. 9.\n\n(4) For the purposes of this section, a person for the time being in charge of a casino does not include a manager appointed under Part 2A.\n\nS. 76C inserted by No. 42/2022 s. 30.\n\n","sortOrder":154},{"sectionNumber":"76C","sectionType":"section","heading":"Excluded person not to gamble in casino—operator offence","content":"\t76C Excluded person not to gamble in casino—operator offence\n\nIf a person the subject of an exclusion order under section 72 or 74 or a temporary exclusion order relating to a casino, or a person the subject of an interstate exclusion order, plays a game in the casino, the casino operator is guilty of an offence and liable to a penalty not exceeding 240 penalty units.\n\nS. 77 (Heading) amended by No. 42/2022 s. 31(1).\n\nS. 77 amended by No. 38/2002 s. 12(3), substituted by No. 55/2005 s. 10.\n\n","sortOrder":155},{"sectionNumber":"77","sectionType":"section","heading":"Excluded person not to enter casino or casino complex—excluded person offence","content":"\t77 Excluded person not to enter casino or casino complex—excluded person offence\n\n(1) A person the subject of an exclusion order under section 72 relating to a casino must not enter or remain in the casino.\n\nS. 77(1A) inserted by No. 42/2022 s. 31(2), amended by No. 23/2025 s. 72.\n\n(1A) Subsection (1) does not apply to a person who is subject to an exclusion order given to the person on the voluntary application of the person under section 72(2A) or (2B).\n\n(2) A person the subject of an exclusion order under section 74 relating to a casino or the casino complex must not enter, or remain in, the casino or casino complex.\n\n(3) A person the subject of an interstate exclusion order must not enter or remain in a casino.\n\nS. 77(4) inserted by No. 42/2022 s. 31(3).\n\n(4) A person the subject of a temporary exclusion order relating to a casino must not enter or remain in the casino.\n\nS. 77A inserted by No. 55/2005 s. 11, amended by No. 37/2014 s. 10(Sch. item 12.3).\n\n","sortOrder":156},{"sectionNumber":"77A","sectionType":"section","heading":"Proceedings against certain excluded persons","content":"\t77A Proceedings against certain excluded persons\n\nDespite section 10.5.31 of the **Gambling Regulation Act 2003**, a proceeding for an offence against section 77(2) or (3) may only be brought by a police officer.\n\n","sortOrder":157},{"sectionNumber":"78","sectionType":"section","heading":"Removal of excluded persons from casino","content":"\t78 Removal of excluded persons from casino\n\n(1) This section applies to the following persons in a casino—\n\nS. 78(1)(a) amended by Nos 42/2022 s. 10, 30/2023 s. 9.\n\n(a) the person for the time being in charge of the casino (other than a manager appointed under Part 2A);\n\n(b) an agent of the casino operator;\n\n(c) a casino employee.\n\nS. 78(2) amended by Nos 38/2002 s. 12(4), 55/2005 s. 12(1)(a)–(c), 42/2022 s. 32.\n\n(2) A person to whom this section applies who reasonably believes that a person the subject of an exclusion order under section 72 or a temporary exclusion order is in the casino, must notify an inspector as soon as practicable.\n\n(3) The inspector must remove the person from the casino or cause the person to be removed from the casino.\n\nS. 78(4) amended by No. 33/2004 s. 208(1).\n\n(4) It is lawful for a person to whom this section applies, using no more force than is reasonably necessary—\n\nS. 78(4)(a) amended by Nos 38/2002 s. 12(4), 55/2005 s. 12(2), 42/2022 s. 32.\n\n(a) to prevent a person the subject of an exclusion order under section 72 or a temporary exclusion order from entering the casino; and\n\n(b) to remove such a person from the casino or cause such a person to be removed from the casino—\n\nbut nothing in this section authorises a person to do anything in contravention of the **Private Security Act 2004**.\n\nS. 78AA inserted by No. 55/2005 s. 13.\n\n\t78AA Notification requirements for exclusion orders made under section 74\n\n(1) This section applies to the following persons in a casino—\n\nS. 78AA(1)(a) amended by Nos 42/2022 s. 11, 30/2023 s. 10.\n\n(a) the person for the time being in charge of the casino (other than a manager appointed under Part 2A);\n\n(b) an agent of the casino operator;\n\n(c) a casino employee.\n\nS. 78AA(2) amended by No. 37/2014 s. 10(Sch. item 12.3).\n\n(2) A person to whom this section applies who reasonably believes that a person the subject of an exclusion order under section 74 or an interstate exclusion order is in the casino, must notify a police officer as soon as practicable.\n\nS. 78AB inserted by No. 55/2005 s. 13.\n\n\t78AB Power of Commission and inspectors to notify\n\nS. 78AB(1) amended by No. 37/2014 s. 10(Sch. item 12.3).\n\n(1) If the Commission or an inspector reasonably believes that a person the subject of an exclusion order under section 74 or an interstate exclusion order is in the casino, the Commission or inspector may notify a police officer.\n\nS. 78A inserted by No. 38/2002 s. 13.\n\n","sortOrder":158},{"sectionNumber":"78A","sectionType":"section","heading":"No advertising to excluded persons","content":"\t78A No advertising to excluded persons\n\nS. 78A(1) amended by No. 55/2005 s. 14.\n\n(1) A casino operator must not knowingly send or direct by any means advertising or other promotional material relating to the casino to a person who is the subject of an exclusion order under section 72 or 74 or an interstate exclusion order.\n\n(2) For the purposes of subsection (1), a casino operator does not send or direct material to a person only because the casino operator makes the material available generally to members of the public.\n\nExamples of making material available generally to members of the public include publishing it on the Internet, television or other medium or displaying it on a billboard.\n\nS. 78B inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 94).\n\n","sortOrder":159},{"sectionNumber":"78B","sectionType":"section","heading":"Forfeiture of winnings","content":"\t78B Forfeiture of winnings\n\n(1) This section applies to a person who is—\n\n(a) subject to an exclusion order; or\n\nS. 78B(1)(b) amended by No. 71/2008 s. 33(a)(i).\n\n(b) subject to an interstate exclusion order.\n\nS. 78B(1)(c) repealed by No. 71/2008 s. 33(a)(ii).\n\n(2) If a person to whom this section applies enters or remains in a casino in contravention of this Act, all winnings (including linked jackpots) paid or payable to the person in respect of gaming on gaming machines or playing any game approved under section 60 in the casino—\n\n(a) are forfeited to the State; and\n\n(b) must be paid to the Commission for payment into the Community Support Fund under the **Gambling Regulation Act 2003**.\n\n(3) If winnings referred to in subsection (2) comprise or include a non-monetary prize, the casino operator must pay the value of that prize to the Commission for payment into the Community Support Fund under the **Gambling Regulation Act 2003**.\n\n(4) In determining the value of a non-monetary prize for the purposes of subsection (3), any amount of GST payable in respect of the supply to which the prize relates is to be taken into account.\n\n(5) Any dispute between a person to whom this section applies and a casino operator as to the amount of winnings forfeited under this section must be investigated and determined by an inspector.\n\nS. 78C inserted by No. 42/2022 s. 33.\n\n","sortOrder":160},{"sectionNumber":"78C","sectionType":"section","heading":"No issue of player card to excluded persons","content":"\t78C No issue of player card to excluded persons\n\nA casino operator must not issue a player card to a person who is the subject of an exclusion order under section 72 or 74, a temporary exclusion order or an interstate exclusion order.\n\nPt 5 Div. 5 (Heading) inserted by No. 54/2021 s. 20(e).\n\n","sortOrder":161},{"sectionNumber":"Div 5","sectionType":"division","heading":"General","content":"Division 5—General\n\n","sortOrder":162},{"sectionNumber":"79","sectionType":"section","heading":"Gambling in the casino by certain persons prohibited","content":"\t79 Gambling in the casino by certain persons prohibited\n\nS. 79(1) amended by Nos 36/1994 s. 20(n), 23/2025 s. 74(Sch. 1 item 1.15(a)).\n\n(1) An authorised person must not gamble or bet in a casino except to the extent that it may be necessary to do so in the exercise of the authorised person's functions in the course of the administration of this Act.\n\nS. 79(2) substituted by No. 36/1994 s. 12.\n\n(2) A special employee (as defined in Part 4) in a casino must not gamble or bet in the casino.\n\nS. 79(2A) inserted by No. 36/1994 s. 12.\n\n(2A) If a person—\n\n(a) has a special relationship with a casino within the meaning of section 40(1); and\n\n(b) is required under section 40(2) to apply for a licence and—\n\n(i) the requirement has not been withdrawn in writing; or\n\n(ii) the association or employment constituting the special relationship is not terminated—\n\nthe person must not gamble or bet in the casino.\n\nS. 79(3) amended by Nos 36/1994 s. 20(o), 23/2025 s. 74(Sch. 1 item 1.15(b)).\n\n(3) If an authorised person ceases to be an authorised person, the person must not gamble or bet in a casino during the next 12 months.\n\nS. 79A inserted by No. 36/1994 s. 13.\n\n","sortOrder":163},{"sectionNumber":"79A","sectionType":"section","heading":"Gratuities etc.","content":"\t79A Gratuities etc.\n\nS. 79A(1) amended by No. 23/2025 s. 74(Sch. 1 item 1.16).\n\n(1) A special employee (as defined in Part 4) in a casino must not solicit or accept from a patron of the casino any gratuity, consideration or other benefit relating to the performance of the special employee's duties as a special employee.\n\nS. 79A(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 95).\n\n(2) Subsection (1) does not apply to a person, or a class of persons, authorised by the Commission, by notice in writing to the casino operator, to accept gratuities.\n\n","sortOrder":164},{"sectionNumber":"80","sectionType":"section","heading":"Possession of certain things prohibited","content":"\t80 Possession of certain things prohibited\n\n(1) A person must not, in a casino, use any device for the purpose of enabling the person or some other person to count or otherwise record cards dealt in the course of gaming in the casino.\n\nS. 80(2) amended by No. 42/2022 s. 42(a).\n\n(2) A person must not, in a casino or on premises of which a casino forms part, use or have in the person's possession—\n\nS. 80(2)(a) substituted by No. 42/2022 s. 42(b).\n\n(a) chips or non-cash gaming tokens that the person knows are bogus or counterfeit; or\n\nS. 80(2)(b) amended by No. 42/2022 s. 42(c).\n\n(b) cards, dice or coins that the person knows have been marked, loaded or tampered with; or\n\n(c) for the purpose of cheating or stealing, any equipment, device or thing that permits or facilitates cheating or stealing.\n\n(3) Subsection (2) does not prohibit the possession in a casino of any thing referred to in subsection (2)(a) or (b) by a person in charge of the casino, an agent of the operator, a casino employee, an inspector, or a police officer, if that thing has been seized by any of those persons from another person for use as evidence in proceedings for an offence.\n\n","sortOrder":165},{"sectionNumber":"81","sectionType":"section","heading":"Detention of suspected person","content":"\t81 Detention of suspected person\n\nS. 81(1) repealed by No. 88/2000 s. 47(a).\n\nS. 81(2) amended by Nos 88/2000 s. 47(b), 38/2002 s. 14.\n\n(2) A person who is—\n\n(a) for the time being in charge of a casino; or\n\n(b) an agent of the casino operator; or\n\n(c) a casino employee—\n\nand who suspects on reasonable grounds that a person in the casino is contravening or attempting to contravene section 81, 82, 83 or 83A of the **Crimes Act 1958**, section 80 of this Act or a prescribed provision of this Act or has contravened any such section or provision may detain the suspected person in a suitable place in or near the casino until the arrival at the place of detention of a police officer.\n\n(3) A person may not be detained under this section unless—\n\n(a) no more force is used than may be reasonably necessary; and\n\n(b) the person detained is informed of the reasons for the detention; and\n\n(c) the person effecting the detention immediately notifies a police officer of the detention and the reasons for the detention.\n\nS. 81AA inserted by No. 38/2002 s. 15.\n\n\t81AA Limiting withdrawals and advances from cash facilities\n\n(1) A casino operator must not, within 50 metres of any entrance to the casino, provide, or allow another person to provide, cash facilities that allow a person to obtain by means of those facilities, in any one transaction on any one debit or credit card, an amount of cash exceeding $200.\n\n(2) A casino operator must not allow a person to obtain from a cash facility within 50 metres of any entrance to the casino a cash advance from a credit account.\n\nS. 81AAA inserted by No. 72/2007 s. 58, substituted by No. 29/2009 s. 81 (as amended by No. 32/2012 s. 30).\n\n\t81AAA Limiting placement of automatic teller machines and alternative cash access facilities\n\n(1) In relation to a casino, a casino operator must not provide, or allow another person to provide on the casino operator's behalf, an automatic teller machine or an alternative cash access facility—\n\n(a) in the casino; or\n\n(b) in an area that is less than 50 metres walking distance away from an entrance to the casino.\n\n(2) Section 43 of the **Interpretation of Legislation Act 1984** does not apply to the measurement of any distance for the purposes of subsection (1).\n\nS. 81AAB inserted by No. 38/2002 s. 15, amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 95), 28/2022 s. 13, 42/2022 s. 43, substituted by No. 30/2023 s. 11.\n\n\t81AAB Payment of winnings by cheque or electronic funds transfer\n\nS. 81AAB(1) substituted by No. 23/2025 s. 73(1).\n\n(1) A casino operator must not pay, or allow another person to pay, to a person winnings or accumulated credits exceeding $1000 from a gaming machine except—\n\n(a) by cheque in accordance with subsection (2); or\n\n(b) by electronic funds transfer in accordance with subsection (4).\n\n(2) A casino operator must, at the request of a person, pay any winnings or accumulated credits from a gaming machine to the person by cheque that is not payable to cash.\n\nS. 81AAB(2A) inserted by No. 23/2025 s. 73(2).\n\n(2A) Subsection (2) does not apply to a casino operator who does not have the facilities to provide cheques.\n\n(3) A casino operator must not, at the casino, give, or allow another person to give, a person cash or gaming tokens in exchange for a cheque drawn on an account of the casino operator to enable that person to play a gaming machine in the casino.\n\n(4) A casino operator must—\n\n(a) at the request of a person, pay any winnings or accumulated credits from a gaming machine to the person by electronic funds transfer; and\n\n(b) if at least $1000 is to be transferred, ensure that those funds are not transferred until 24 hours after the request.\n\n(5) Subsection (4) does not apply to a casino operator who does not have the facilities to make the electronic funds transfer described in that subsection.\n\n(6) A reference in subsection (1) to the payment of winnings or accumulated credits—\n\n(a) includes a payment by cash, cheque, electronic funds transfer or any other form of money, whether—\n\n(i) by a staff member at the gaming machine or other place where the game is played; or\n\n(ii) at the cage or cashier; or\n\n(iii) from a cashless gaming account; and\n\n(b) includes a payment of money from a cashless gaming account or deposit account or on presentation of a non‑cash gaming token; but\n\n(c) does not include a payment to a non‑cash gaming token or cashless gaming account prior to funds being redeemed for money.\n\nS. 81AAB(7) amended by No. 40/2025 s. 16.\n\n(7) This section ceases to apply on 1 December 2027 or an earlier day declared by the Minister, by notice published in the Government Gazette.\n\n(8) The Minister may declare different days in relation to different types of gaming.\n\nS. 81AAC inserted by No. 72/2007 s. 59.\n\n\t81AAC Gambling or betting by intoxicated persons prohibited\n\nA casino operator must not knowingly allow a person who is in a state of intoxication to gamble or bet in the casino.\n\n1. 40 penalty units.\n\nIntoxication is defined in section 3A.\n\nS. 81AAD inserted by No. 54/2021 s. 23.\n\n\t81AAD Junkets prohibited\n\nA casino operator must not—\n\n(a) allow a junket to operate at the casino; or\n\n(b) otherwise make any arrangement in the nature of a junket with a junket organiser or promoter.\n\nPt 5A (Heading and ss 81A–81N) inserted by No. 36/1994 s. 18.\n\n","sortOrder":166},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Approved betting competitions","content":"Part 5A—Approved betting competitions\n\nS. 81A inserted by No. 36/1994 s. 18.\n\n","sortOrder":167},{"sectionNumber":"81A","sectionType":"section","heading":"Approval of betting competitions","content":"\t81A Approval of betting competitions\n\nS. 81A(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 96(a)).\n\n(1) Subject to this Part, the Minister, after consultation with the Minister administering the **Gambling Regulation Act 2003**, 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.\n\n(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.\n\n(3) The Minister must not under this section approve a betting competition—\n\nS. 81A(3)(a) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 96(b)), 28/2022 s. 7(a), 13/2023 s. 90.\n\n(a) on a horse race, harness race or greyhound race at a race meeting in Australia or New Zealand if a wagering and betting licensee or wagering and betting operator under the **Gambling Regulation Act 2003** is proposing to conduct wagering on that race; or\n\n(b) that, in the opinion of the Minister, is offensive or contrary to the public interest; or\n\n(c) that is played on a gaming machine; or\n\nS. 81A(3)(d) amended by No. 28/2022 s. 7(b).\n\n(d) that is a keno game.\n\nS. 81B inserted by No. 36/1994 s. 18.\n\n","sortOrder":168},{"sectionNumber":"81B","sectionType":"section","heading":"Events","content":"\t81B Events\n\nA betting competition may be approved in respect of—\n\n(a) any event or contingency of or relating to a horse race, harness race, or greyhound race;\n\n(b) any other race, fight, game, sport or exercise;\n\n(c) any other event or contingency of any kind.\n\nS. 81C inserted by No. 36/1994 s. 18.\n\n","sortOrder":169},{"sectionNumber":"81C","sectionType":"section","heading":"Notice of approved betting competition","content":"\t81C Notice of approved betting competition\n\nNotice of the approval under this Part of a betting competition that may be conducted by a casino 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.\n\nS. 81D inserted by No. 36/1994 s. 18.\n\n","sortOrder":170},{"sectionNumber":"81D","sectionType":"section","heading":"Conditions of approval","content":"\t81D Conditions of approval\n\n(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.\n\nS. 81D(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 97).\n\n(2) The Minister, after consultation with the Minister administering the **Gambling Regulation Act 2003**, 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.\n\nS. 81E inserted by No. 36/1994 s. 18.\n\n","sortOrder":171},{"sectionNumber":"81E","sectionType":"section","heading":"Only persons in casino may take part in betting competitions","content":"\t81E Only persons in casino may take part in betting competitions\n\nOnly persons present in the casino may take part in a betting competition approved under this Part.\n\nS. 81F inserted by No. 36/1994 s. 18.\n\n","sortOrder":172},{"sectionNumber":"81F","sectionType":"section","heading":"Approval of totalisator","content":"\t81F Approval of totalisator\n\nS. 81F(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 98).\n\n(1) Before a casino operator uses a totalisator for the conduct of an approved betting competition, the totalisator must be approved by the Commission.\n\nS. 81F(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 98).\n\n(2) The approval of the Commission under subsection (1) may be given subject to any conditions that the Commission thinks fit and may for any reasonable cause stated by the Commission in writing be withdrawn by the Commission.\n\nS. 81G inserted by No. 36/1994 s. 18.\n\n","sortOrder":173},{"sectionNumber":"81G","sectionType":"section","heading":"Betting competition not to be conducted without betting rules","content":"\t81G Betting competition not to be conducted without betting rules\n\nA casino operator must not conduct an approved betting competition unless there are in force betting rules under this Part applying to that competition, or to competitions of that type.\n\nS. 81H inserted by No. 36/1994 s. 18.\n\n","sortOrder":174},{"sectionNumber":"81H","sectionType":"section","heading":"Casino operator to make betting rules","content":"\t81H Casino operator to make betting rules\n\n(1) Subject to this Act, the regulations and any condition of the casino licence, a casino operator must make betting rules in relation to—\n\n(a) totalisators for approved betting competitions; and\n\n(b) betting in approved betting competitions at fixed odds; and\n\n(c) such other matters as are necessary for the proper carrying on of a business of conducting approved betting competitions.\n\n(2) Rules under subsection (1) may, without limiting subsection (1)(c), include provisions relating to—\n\n(a) placing of bets, including minimum bets;\n\n(b) odds;\n\n(c) dividends or prizes, including minimum dividends or prizes, calculation of dividends or prizes, payment of dividends or prizes and unclaimed dividends or prizes;\n\n(d) refunds;\n\n(e) jackpots;\n\n(f) determination of disputes;\n\n(g) display of information.\n\nS. 81H(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 99).\n\n(3) Rules under subsection (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 Commission.\n\n(4) The betting rules may confer a discretionary authority or impose a duty on a specified person or class of persons.\n\n(5) The casino operator must comply with the prescribed requirements relating to the making of betting rules.\n\nS. 81H(6) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 99).\n\n(6) The casino operator must give a copy of rules made under this section to the Commission forthwith after they are made.\n\nS. 81H(7) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 99).\n\n(7) The Commission 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 Commission is satisfied that the rule is unfair to investors, unreasonable or contrary to the public interest.\n\nS. 81H(8) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 99).\n\n(8) If, before a betting rule is made, the Commission consents in writing to the making of the rule in a specified form, the Commission must not disallow the rule within the period of 6 months after it is made.\n\n(9) The betting rules, as in force when the bet is made, form part of the contract between the casino operator and the investor.\n\nS. 81I inserted by No. 36/1994 s. 18.\n\n","sortOrder":175},{"sectionNumber":"81I","sectionType":"section","heading":"Commissions—totalisators","content":"\t81I Commissions—totalisators\n\nA casino operator may deduct or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by the operator on an approved betting competition an amount not exceeding 20% of the amount so invested.\n\nS. 81J inserted by No. 36/1994 s. 18, amended by Nos 24/2000 s. 5, 114/2003 s. 12.1.2 (Sch. 5 item 100), repealed by No. 14/2023 s. 60.\n\nS. 81K inserted by No. 36/1994 s. 18.\n\n","sortOrder":176},{"sectionNumber":"81K","sectionType":"section","heading":"Recovery of amounts owing","content":"\t81K Recovery of amounts owing\n\nAn amount payable under this Part is a debt due to the State and may be recovered in a court of competent jurisdiction.\n\nS. 81L inserted by No. 36/1994 s. 18.\n\n","sortOrder":177},{"sectionNumber":"81L","sectionType":"section","heading":"Dividends","content":"\t81L Dividends\n\n(1) A casino operator, after the deduction of the operator's commission under section 81I, must pay by way of dividends all money invested in a totalisator conducted by the operator on an approved betting competition.\n\nS. 81L(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 100).\n\n(2) If no person nominates the winning combination in a totalisator conducted by a casino operator on an approved betting competition, the operator may, unless otherwise directed by the Commission, 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 operator on an approved betting competition.\n\n(3) If, but for this section, a dividend would include a fraction of 10 cents—\n\n(a) if the fraction is less than 5 cents, the casino operator is not required to include the fraction in the dividend; and\n\n(b) if the fraction is 5 cents or more, the operator is required to include 5 cents in the dividend.\n\nS. 81M inserted by No. 36/1994 s. 18.\n\n","sortOrder":178},{"sectionNumber":"81M","sectionType":"section","heading":"Unclaimed refunds, dividends and prizes","content":"\t81M Unclaimed refunds, dividends and prizes\n\n(1) On or before the last day of each month, the casino operator must pay to the Treasurer an amount equal to the sum of all refunds, dividends and prizes which have remained unclaimed for not less than 12 months on the first day of that month (less the expenses of the operator reasonably incurred in searching for the persons entitled to those refunds, dividends or prizes).\n\n(2) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (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.\n\nS. 81N inserted by No. 36/1994 s. 18.\n\n","sortOrder":179},{"sectionNumber":"81N","sectionType":"section","heading":"Casino (Management Agreement) Act does not apply","content":"\t81N Casino (Management Agreement) Act does not apply\n\nExcept as otherwise provided by this Part, nothingin the **Casino (Management Agreement) Act 1993** applies to approved betting competitions under this Part.\n\nPt 6 (Heading and ss 82–92) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 101), 24/2006 s. 6.1.2(Sch. 7 item 3), repealed by No. 71/2008 s. 33(b).\n\nPart 7—Casino regulation\n\nDivision 1—Preliminary\n\n\t93 Definition\n\nIn this Part, a reference to gaming equipment or records is a reference to gaming equipment or records related to the operation of a casino or otherwise relevant to the administration of this Act.\n\nPt 7 Div. 2 (Heading and ss 94–101) amended by Nos 34/1993 s. 8, 93/1993 s. 18, 36/1994 s. 20(p)–(r), 37/1994 s. 229(g), 42/1995 s. 224(Sch. 2 item 7), 46/1998 s. 7(Sch. 1), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 102).\n\nDivision 3—Inspectors\n\nS. 102 amended by No. 93/1993 s.19, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 103).\n\nS. 103 amended by No. 93/1993 s. 20, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 103).\n\nS. 104 repealed by No. 37/1994 s. 229(h), new s. 104 inserted by No. 17/1996 s. 31, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 103).\n\nPt 7 Div. 3 (Heading) inserted by No. 37/1994 s. 229(i), repealed by No. 44/1995 s. 7(1).\n\n","sortOrder":180},{"sectionNumber":"105","sectionType":"section","heading":"Rights of inspector on casino premises","content":"\t105 Rights of inspector on casino premises\n\n(1) An inspector may at any time enter and remain on the premises of a casino for the purposes of doing any one or more of the following—\n\n(a) observing any of the operations of the casino;\n\n(b) ascertaining whether the operation of the casino is being properly conducted, supervised and managed;\n\nS. 105(1)(c) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 104).\n\n(c) ascertaining whether the provisions of this Act or the **Gambling Regulation Act 2003** are being complied with;\n\nS. 105(1)(d) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 104), 23/2025 s. 74(Sch. 1 item 1.17(a)).\n\n(d) in any other respect, exercising the inspector's functions under this Act  or the **Gambling Regulation Act 2003**.\n\nS. 105(2) amended by No. 23/2025 s. 74(Sch. 1 item 1.17(b)).\n\n(2) An inspector who enters a casino under subsection (1) is not authorised to remain in the casino if, on the request of the casino operator or a casino employee, the inspector does not show the inspector's identity card to the operator or employee.\n\nS. 106 amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 105(a)).\n\n","sortOrder":181},{"sectionNumber":"106","sectionType":"section","heading":"Functions of inspectors","content":"\t106 Functions of inspectors\n\nThe functions of inspectors under this Act are as follows (in addition to any functions under the **Gambling Regulation Act 2003**)—\n\nS. 106(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 105(b)).\n\n(a) to supervise operations in a casino, and to inspect the gaming equipment used in a casino, for the purpose of ascertaining whether or not the casino operator is complying with the provisions of this Act, the conditions of the casino licence, and any directions issued by the Commission under this Act;\n\n(b) to supervise the handling and counting of money in a casino;\n\n(c) to assist in any other manner, where necessary, in the detection of offences committed against this Act in a casino;\n\nS. 106(d) amended by Nos 36/1994 s. 20(s), 114/2003 s. 12.1.2 (Sch. 5 item 105(c)).\n\n(d) to receive and investigate complaints, in accordance with section 10.5.11 of the **Gambling Regulation Act 2003**, from casino patrons relating to the conduct of gaming or betting in a casino;\n\nS. 106(e) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 105(d)).\n\n(e) to report to the Commission regarding operations in a casino;\n\nS. 106(f) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 105(e)).\n\n(f) any other functions as are conferred on inspectors under this Act.\n\nS. 107 amended by No. 36/1994 s. 20(t)(u), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 106),  \nnew s. 107 inserted by No. 26/2022 s. 8.\n\n","sortOrder":182},{"sectionNumber":"107","sectionType":"section","heading":"Mandatory reporting of reportable conduct","content":"\t107 Mandatory reporting of reportable conduct\n\n(1) An inspector must report as soon as practicable to the Commission any conduct in a casino that the inspector—\n\n(a) observes while performing a function under section 106; and\n\n(b) suspects on reasonable grounds is or involves reportable conduct.\n\n(2) If, following a report under subsection (1), the Commission believes on reasonable grounds that reportable conduct has or is likely to have occurred, the Commission must refer the conduct to one or more of the following—\n\n(a) Victoria Police;\n\n(b) the Australian Federal Police;\n\n(c) the Australian Transaction Reports and Analysis Centre (AUSTRAC);\n\n(d) another entity that the Commission considers is or may be responsible for investigating the conduct.\n\nS. 108 amended by No. 36/1994 s. 20(v)(w), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 106), new s. 108 inserted by No. 26/2022 s. 9.\n\n","sortOrder":183},{"sectionNumber":"108","sectionType":"section","heading":"Access to security and surveillance facilities, books and records","content":"\t108 Access to security and surveillance facilities, books and records\n\n(1) Subject to subsection (2), an inspector may, by notice in writing, require a casino operator or an officer, employee or agent of a casino operator to allow the inspector to—\n\n(a) access and operate the security and surveillance facilities for the casino referred to in section 122(1)(r); and\n\n(b) access, inspect and take copies of or extracts from the books and records of the casino operator.\n\n(2) An inspector may exercise a power under this section only—\n\n(a) while performing another function under this Act or the **Gambling Regulation Act 2003**; and\n\n(b) if the inspector suspects on reasonable grounds that reportable conduct is occurring or has occurred; and\n\n(c) the inspector has the prior written approval of the Commission to exercise the power.\n\n(3) When giving a notice under subsection (1), an inspector must provide evidence of the approval referred to in subsection (2)(c) to the person to whom the notice is given.\n\n(4) A person to whom a notice is given under subsection (1) must comply with the notice.\n\n(5) A casino operator or an officer, employee or agent of a casino operator must give all assistance requested by an inspector that is necessary to enable the inspector to do anything referred to in subsection (1)(a) or (b).\n\n(6) This section does not limit any power of an inspector under section 10.5.9 of the **Gambling Regulation Act 2003**.\n\n(7) A function of the Commission under this section may be performed by any commissioner.\n\nS. 109 amended by No. 36/1994 s. 20(x)(y), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 106).\n\nS. 110 amended by No. 36/1994 s. 20(z), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 106).\n\nS. 111 repealed by No. 37/1994 s. 229(j).\n\n","sortOrder":184},{"sectionNumber":"Part 8","sectionType":"part","heading":"Fees, taxation etc.","content":"Part 8—Fees, taxation etc.\n\nS. 112 repealed by No. 93/1993 s. 21.\n\nS. 112A (Heading) inserted by No. 42/2022 s. 12(1).\n\nS. 112A inserted by No. 34/1993 s. 9.\n\n","sortOrder":185},{"sectionNumber":"112A","sectionType":"section","heading":"Premium payment","content":"\t112A Premium payment\n\nS. 112A(1) amended by Nos 93/1993 s. 22(1), 114/2003 s. 12.1.2 (Sch. 5 item 107).\n\n(1) The casino operator must pay to the Commission for payment into the Consolidated Fund—\n\nS. 112A(1)(a) amended by No. 42/2022 s. 12(2)(a).\n\n(a) on the grant of a casino licence, the premium payment determined by the Treasurer under subsection (3).\n\nS. 112A(1)(b) repealed by No. 42/2022 s. 12(2)(b).\n\nS. 112A(2) repealed by No. 93/1993 s. 22(2).\n\n(3) The Treasurer, after consultation with the Minister, must determine an amount as the premium payment payable under subsection (1)(a).\n\n(4) The amount determined by the Treasurer under subsection (3) must be specified in the agreement referred to in section 15(1).\n\n(5) If a casino licence is cancelled or surrendered, the Treasurer may refund the whole or part of the premium payment referred to in subsection (1)(a) and the Consolidated Fund is hereby to the necessary extent appropriated accordingly.\n\nS. 112A(6) substituted by No. 42/2022 s. 12(3).\n\n(6) The premium payment payable under subsection (1)(a) is a tax.\n\nS. 112B inserted by No. 93/1993 s. 23, amended by No. 37/1994 s. 229(k), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 108),  \nnew s. 112B inserted by No. 42/2022 s. 13.\n\n","sortOrder":186},{"sectionNumber":"112B","sectionType":"section","heading":"Supervision charge—imposition","content":"\t112B Supervision charge—imposition\n\n(1) A casino operator must pay to the Commission for payment into the Consolidated Fund a supervision charge in the instalments in respect of the periods in each financial year as the Minister determines from time to time.\n\n(2) The supervision charge is the amount in respect of each financial year as the Minister determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Commission in exercising its functions in relation to the casino, less any amounts recovered or recoverable from the casino operator under section 20A in the financial year.\n\n(3) The supervision charge is a tax.\n\nS. 112C inserted by No. 42/2022 s. 13.\n\n","sortOrder":187},{"sectionNumber":"112C","sectionType":"section","heading":"Supervision charge—appropriation of Consolidated Fund","content":"\t112C Supervision charge—appropriation of Consolidated Fund\n\n(1) The Consolidated Fund is appropriated to the extent necessary to enable amounts equal to the amounts credited to the Consolidated Fund as the supervision charge under section 112B to be spent on the provision of outputs that are consistent with and promote the objectives of the Commission under the **Victorian Gambling and Casino Control Commission Act 2011** as those objectives relate to the casino.\n\n(2) In this section—\n\n***outputs*** has the meaning given by section 3 of the **Financial Management Act 1994**.\n\nS. 113 amended by Nos 93/1993 s. 24, 114/2003 s. 12.1.2 (Sch. 5 item 109), repealed by No. 14/2023 s. 60.\n\nS. 114 amended by Nos 93/1993 s. 25, 36/1994 s. 14, 114/2003 s. 12.1.2 (Sch. 5 item 109), repealed by No. 14/2023 s. 60.\n\nS. 114A inserted by No. 89/2000 s. 3, amended by Nos 48/2001 s. 3(1)–(3), 114/2003 s. 12.1.2 (Sch. 5 item 110), 92/2005 s. 11, 22/2007 s. 14, repealed by No. 84/2009 s. 3.\n\nS. 114B inserted by No. 89/2000 s. 3, amended by No. 48/2001 s. 3(4)(a), repealed by No. 84/2009 s. 3.\n\nS. 115 substituted by No. 93/1993 s. 26.\n\n","sortOrder":188},{"sectionNumber":"115","sectionType":"section","heading":"Returns to gaming machine players","content":"\t115 Returns to gaming machine players\n\n(1) A casino operator must ensure that the pay-out table on gaming machines in the casino is set so as to return to players the players' proportion of the total amounts wagered on gaming machines each year at the casino, after deduction of the sum of jackpot special prizes as approved for the time being under section 60 and payable during that year.\n\n(2) The players' proportion is—\n\nS. 115(2)(a) amended by No. 90/1998  \ns. 4(1)(a).\n\n(a) not less than 87 per centum; or\n\nS. 115(2)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 111).\n\n(b) if the Commission so determines in accordance with subsection (3), a fixed percentage greater than 87 per centum.\n\n(3) A determination under subsection (2)—\n\n(a) must be made by notice published in the Government Gazette; and\n\n(b) must be expressed to have effect on and after a specified date.\n\n","sortOrder":189},{"sectionNumber":"116","sectionType":"section","heading":"Interest on overdue amounts","content":"\t116 Interest on overdue amounts\n\nS. 116(1) amended by Nos 34/1993 s. 10(1), 89/2000 s. 4, 48/2001 s. 3(4)(b), 84/2009 s. 4(a), 14/2023 s. 61.\n\n(1) Interest is payable by way of penalty on any amount of casino licence fee, premium payment or casino supervision and control charge that is not paid by the due date.\n\n(2) Interest begins to run from the date that the amount concerned became due.\n\n(3) The rate of interest is as prescribed by the regulations.\n\nS. 116(4) amended by Nos 34/1993 s. 10(2), 89/2000 s. 4, 48/2001 s. 3(4)(b), 84/2009 s. 4(b), 14/2023 s. 61.\n\n(4) Any interest paid under this section is to be considered to have been paid as casino licence fee, premium payment or casino supervision and control charge, as appropriate to the amount on which it is paid as interest.\n\nS. 116(5) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 112).\n\n(5) The Commission may waive or refund payment of interest under this section, as the Commission thinks fit.\n\nS. 117 repealed by No. 34/1993 s. 11.\n\n","sortOrder":190},{"sectionNumber":"118","sectionType":"section","heading":"Recovery of amounts owing","content":"\t118 Recovery of amounts owing\n\nAn amount payable under this Part is a debt due to the State and may be recovered in a court of competent jurisdiction.\n\nS. 119 amended by Nos 34/1993 s. 12, 14/2023 s. 62, repealed by No. 30/2023 s. 12.\n\n","sortOrder":191},{"sectionNumber":"120","sectionType":"section","heading":"Offences relating to revenue","content":"\t120 Offences relating to revenue\n\nS. 120(a) amended by Nos 34/1993 s. 13, 14/2023 s. 63.\n\n(a) wilfully evade the payment of any fee, premium payment or charge payable by the person under this Act; or\n\nS. 120(b) amended by Nos 34/1993 s. 13, 114/2003 s. 12.1.2 (Sch. 5 item 113), 14/2023 s. 63.\n\n(b) furnish a return, or make a statement or report, to the Commission or an inspector in respect of any fee, premium payment or charge payable under this Act knowing that the return, statement or report is false or misleading in a material particular.\n\n","sortOrder":192},{"sectionNumber":"Part 9","sectionType":"part","heading":"Casino internal controls","content":"Part 9—Casino internal controls\n\n","sortOrder":193},{"sectionNumber":"121","sectionType":"section","heading":"Approved system of controls and procedures to be implemented","content":"\t121 Approved system of controls and procedures to be implemented\n\nS. 121(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 114(a)).\n\n(1) A casino operator must not conduct operations in the casino unless the Commission has approved in writing of a system of internal controls and administrative and accounting procedures for the casino.\n\nS. 121(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 114(a)).\n\n(2) Any such approval may be amended from time to time, as the Commission thinks fit.\n\nS. 121(2A) inserted by No. 93/1993 s. 27, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 114(b)).\n\n(3) An approval or amendment of an approval under this section takes effect when notice of it is given in writing to the casino operator concerned, or on a later date specified in the notice.\n\nS. 121(4) amended by No. 54/2021 s. 24.\n\n(4) The casino operator must ensure that the system approved for the time being under this section for the casino is implemented.\n\n1. 240 penalty units.\n\n","sortOrder":194},{"sectionNumber":"122","sectionType":"section","heading":"Content of approved system","content":"\t122 Content of approved system\n\n(1) A system of internal controls and administrative and accounting procedures approved for the purposes of section 121 must include (but is not limited to) details of the following—\n\n(a) accounting procedures, including the standardisation of forms, and the definition of terms, to be used in operations in a casino;\n\n(b) procedures, forms and, where appropriate, formulas for or with respect to—\n\n(i) hold percentages and the calculation thereof;\n\n(ii) revenue drop;\n\n(iii) complementary services;\n\n(iv) salary arrangements; and\n\n(v) personnel practices;\n\nS. 122(1)(c) amended by No. 7/2006 s. 18.\n\n(c) the system of organising personnel and chain of command authority such as to establish diversity of responsibility among employees engaged in operations in a casino and identification of primary and secondary supervisory positions for areas of responsibility, which areas must not be so extensive as to be impractical for an individual to supervise effectively;\n\nS. 122(1)(d) amended by No. 36/1994 s. 20(za)(i).\n\n(d) procedures for the conduct and playing of games and approved betting competitions;\n\nS. 122(1)(e) amended by Nos 36/1994 s. 20(za)(ii), 28/2022 s. 14.\n\n(e) procedures for the receipt, storage and disbursement of chips and cash, the cashing of cheques, the payment of winnings by electronic funds transfers, the redemption of chips and the recording of all transactions pertaining to casino operations;\n\nS. 122(1)(f) amended by No. 36/1994 s. 20(za)(iii).\n\n(f) procedures for the collection and security of money at the gaming tables and other places in a casino where games or approved betting competitions are conducted;\n\n(g) procedures and forms relating to transfers of money within a casino;\n\nS. 122(1)(h) amended by No. 36/1994 s. 20(za)(iv).\n\n(h) procedures for the transfer of money from the gaming tables and other places in a casino where games or approved betting competitions are conducted to other areas of a casino for counting;\n\nS. 122(1)(i) amended by No. 36/1994 s. 20(za)(v).\n\n(i) procedures and forms for the transfer of money or chips from and to a gaming or betting area;\n\n(j) procedures and security for the counting and recording of revenue;\n\nS. 122(1)(k) amended by Nos 11/2001 s. 3(Sch. item 10.5), 28/2022 s. 8.\n\n(k) procedures and security for the transfer of money from a casino to an ADI and from an ADI to a casino;\n\n(l) procedures for the security, storage and recording of chips utilised in the gaming operations in a casino;\n\nS. 122(1)(m) amended by No. 36/1994 s. 20(za)(vi).\n\n(m) procedures and standards for the maintenance, security and storage of gaming and betting equipment;\n\nS. 122(1)(n) amended by No. 36/1994 s. 20(za)(vii).\n\n(n) procedures for the payment and recording of winnings associated with games or approved betting competitions where the winnings are paid by cash or cheque;\n\n(o) procedures for the issue of chip purchase vouchers and the recording of transactions in connection therewith;\n\n(p) procedures for the cashing of cheques and recording of transactions by cheque;\n\n(q) procedures for the establishment and use of deposit accounts;\n\n(r) procedures for the use and maintenance of security and surveillance facilities, including catwalk systems and closed circuit television systems;\n\nS. 122(1)(s) amended by No. 88/2000 s. 48(a).\n\n(s) procedures governing the utilisation of security personnel within a casino;\n\n(t) procedures for the control of keys used or for use in operations in a casino;\n\nS. 122(1)(u) inserted by No. 88/2000 s. 48(b).\n\n(u) procedures and standards for assessing the suitability of suppliers of goods or services to the casino and the casino operator which may vary according to the nature of the goods or services or the nature of the suppliers of goods or services;\n\nS. 122(1)(v) inserted by No. 88/2000 s. 48(b), amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 115(a)).\n\n(v) procedures for maintaining records of the suppliers of goods and services;\n\nS. 122(1)(w) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 115(b)), amended by No. 54/2021 s. 25.\n\n(w) procedures for the promotion and conduct of premium player arrangements.\n\n(2) For the purposes of an approval or amendment of an approval, controls and procedures may be described narratively or represented diagrammatically, or by a combination of both methods.\n\n","sortOrder":195},{"sectionNumber":"123","sectionType":"section","heading":"Banking","content":"\t123 Banking\n\n(1) A casino operator must—\n\nS. 123(1)(a) amended by Nos 11/2001 s. 3(Sch. item 10.6(a)(i)  \n(ii)), 114/2003 s. 12.1.2 (Sch. 5 item 116), 28/2022 s. 9.\n\n(a) keep and maintain separate accounts, as approved by the Commission, at an ADI in the State for use for all banking transactions arising under this Act in relation to the operator; and\n\nS. 123(1)(b) amended by Nos 11/2001 s. 3(Sch. item 10.6(b)), 114/2003 s. 12.1.2 (Sch. 5 item 116), 28/2022 s. 9.\n\n(b) from time to time provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the ADI referred to in paragraph (a) authorising the ADI to comply with any requirements of an inspector exercising the powers conferred by this section.\n\nS. 123(2) amended by Nos 11/2001 s. 3(Sch. item 10.7), 28/2022 s. 9, 42/2022 s. 44(1).\n\n(2) An inspector may, by notice in writing, require the manager or other principal officer of an ADI referred to in subsection (1) to provide the inspector with a statement of an account referred to in that subsection and such other particulars relating to the account as may be specified in the notice.\n\n(3) A person to whom a notice is given under subsection (2), must comply with the notice.\n\nS. 123(3A) inserted by No. 42/2022 s. 44(2), substituted by No. 40/2025 s. 17(1).\n\n(3A) A casino operator must not accept a deposit of funds into a deposit account in any form other than a form specified in section 68(3)(a) to (e).\n\nS. 123(3B) inserted by No. 42/2022 s. 44(2), amended by No. 40/2025 s. 17(2).\n\n(3B) If funds in a form other than a form specified in section 68(3)(a) to (e) are deposited into a deposit account by a casino operator, the operator must as soon as practicable remit those funds to the person from whom they were received.\n\nS. 123(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 116).\n\n(4) An inspector may not exercise the powers conferred by this section without the prior written approval of the Commission.\n\nS. 123(5) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 117).\n\nS. 124 substituted by No. 42/2022 s. 45.\n\n","sortOrder":196},{"sectionNumber":"124","sectionType":"section","heading":"Record-keeping","content":"\t124 Record-keeping\n\n(1) A casino operator must keep, in accordance with subsection (2), the accounting records necessary to correctly record and explain the transactions and financial position of the operations of the casino.\n\n(2) The accounting records—\n\n(a) must be kept in a manner that will enable true and fair financial statements and accounts to be prepared from time to time and for those statements and accounts to be conveniently and properly audited; and\n\n(b) must comply with any prescribed requirements.\n\nS. 125 amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 118).\n\n","sortOrder":197},{"sectionNumber":"125","sectionType":"section","heading":"Statement of accounts","content":"\t125 Statement of accounts\n\nA casino operator must, as soon as practicable after the end of the financial year determined for the casino by the Commission, prepare financial statements and accounts, including:\n\n(a) trading accounts, where applicable, for the financial year; and\n\n(b) profit and loss accounts for the financial year; and\n\n(c) a balance-sheet as at the end of the financial year that gives a true and fair view of the financial operations of the operator in relation to the casino.\n\n","sortOrder":198},{"sectionNumber":"126","sectionType":"section","heading":"Books etc. to be kept on casino premises","content":"\t126 Books etc. to be kept on casino premises\n\n(1) A casino operator must ensure that all documents relating to the operations of the casino are—\n\n(a) kept at the casino; and\n\n(b) retained for not less than 7 years after the completion of the transactions to which they relate.\n\nS. 126(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 118).\n\n(2) The Commission may by instrument in writing grant an exemption to a casino operator 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.\n\n","sortOrder":199},{"sectionNumber":"127","sectionType":"section","heading":"Audit","content":"\t127 Audit\n\nS. 127(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 118).\n\n(1) A casino operator must, as soon as practicable after the end of the financial year determined for the casino by the Commission, cause the books, accounts and financial statements of the operator in relation to the casino to be audited by a person approved by the Commission to audit the accounting records of the operator.\n\nS. 127(2) amended by Nos 93/1993 s. 28(a)(b), 114/2003 s. 12.1.2 (Sch. 5 item 118).\n\n(2) The casino operator must cause the auditor's report and the profit and loss account and balance sheet of the operator in relation to the casino to be lodged with the Commission within 4 months after the end of the financial year to which the report, profit and loss account and balance sheet relate.\n\nS. 128 substituted by No. 34/1993 s. 14.\n\n","sortOrder":200},{"sectionNumber":"128","sectionType":"section","heading":"Submission of reports","content":"\t128 Submission of reports\n\nS. 128(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 118).\n\n(1) A casino operator must submit to the Commission reports relating to the operations of the casino.\n\nS. 128(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 118).\n\n(2) 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 casino operator by the Commission from time to time.\n\nPenalty applying to this section: 50 penalty units.\n\nPt 9A (Heading and ss 128A–128S) inserted by No. 34/1993 s. 4.\n\n","sortOrder":201},{"sectionNumber":"Part 9A","sectionType":"part","heading":"The Melbourne Casino","content":"Part 9A—The Melbourne Casino\n\nPt 9A Div. 1 (Heading) substituted by No. 93/1993 s. 32.\n\nDivision 1—Introductory\n\nS. 128A inserted by No. 34/1993 s. 4.\n\n","sortOrder":202},{"sectionNumber":"128A","sectionType":"section","heading":"Definitions","content":"\t128A Definitions\n\n(1) In this Part[[1]](#endnote-2)—\n\n***Melbourne Casino area*** means the lands shown in a plan of survey referred to in section 128B(1) and approved under section 128B or, if that area is varied in accordance with this Division, that area as so varied;\n\n***Melbourne Casino project*** means the project involving—\n\n(a) the establishment of the Melbourne Casino on the Melbourne Casino site; and\n\n(b) the establishment of the Melbourne Casino on the temporary casino site (whether or not in the Melbourne Casino area) for use until the permanent Melbourne Casino is established; and\n\n(c) the development and use of land in the Melbourne Casino area or the temporary casino site for facilities or any purpose related to the project as described in paragraphs (a) and (b); and\n\n(d) roadworks and other works in the Melbourne Casino area or the temporary casino site associated with the project as described in paragraphs (a) to (c);\n\n***Melbourne Casino site*** means—\n\n(a) unless paragraph (b) applies, the land for the time being shown on a plan of survey referred to in section 128B(2) and approved under section 128B or, if that area is varied in accordance with this Division, that area as so varied; or\n\n(b) if a casino licence is granted for any part of that land, the land within the boundaries of the casino as defined for the time being under section 17;\n\n***subordinate instrument*** has the same meaning as in the **Interpretation of Legislation Act 1984**;\n\n***temporary casino site*** means land shown as the temporary site for the Melbourne Casino in a plan referred to in section 128B(3) and approved under section 128B, or if that area is varied in accordance with this Division, that area as so varied.\n\n(2) In this Part ***development***, ***road***, ***use*** and ***works*** have the same meanings as in the **Planning and Environment Act 1987**.\n\nS. 128B inserted by No. 34/1993 s. 4.\n\n","sortOrder":203},{"sectionNumber":"128B","sectionType":"section","heading":"Plans","content":"\t128B Plans\n\n(1) On receiving a plan of survey, signed by the Surveyor-General, of the land shown hatched and cross-hatched on the plan in Schedule 1, or that land as nearly as practicable, the Minister may recommend that the Governor in Council approves the plan.\n\n(2) On receiving a plan of survey, signed by the Surveyor-General, of the land shown hatched on the plan in Schedule 2, or that land as nearly as practicable, the Minister may recommend that the Governor in Council approve the plan.\n\n(3) The Minister may designate land within the permissible locations for a casino prescribed for the purposes of section 7 to be the temporary site for the Melbourne Casino and, on receiving a plan of survey, signed by the Surveyor-General, of that land, or that land as nearly as practicable, the Minister may recommend that the Governor in Council approve the plan.\n\n(4) A plan under this section may make any adjustment to boundaries that is necessary because of a defect found on survey.\n\n(5) For the purposes of this section, the Governor in Council, on the Minister's recommendation, may approve a plan by Order published in the Government Gazette.\n\nS. 128C inserted by No. 34/1993 s. 4.\n\n","sortOrder":204},{"sectionNumber":"128C","sectionType":"section","heading":"Changes in Melbourne Casino area and site","content":"\t128C Changes in Melbourne Casino area and site\n\n(1) For the purposes of the Melbourne Casino project, the Governor in Council may, by Order published in the Government Gazette—\n\n(a) reduce the Melbourne Casino area, the Melbourne Casino site or the temporary casino site; or\n\n(b) increase the Melbourne Casino area or the Melbourne Casino site or the temporary casino site by adding land in the vicinity of that area or site.\n\n(2) The power under subsection (1) to reduce or increase the area of the Melbourne Casino site may only be exercised if the boundaries of the casino have not been defined under section 17.\n\n(3) Land may only be added to the Melbourne Casino area, the Melbourne Casino site or the temporary casino site under subsection (1) if the land is within the permissible locations for a casino prescribed for the purposes of section 7.\n\n(4) An Order under subsection (1) may revoke the approval of a plan and approve a new or amended plan for the purposes of this Division.\n\n(5) An Order under this section must be made on the Minister's recommendation after the Minister has received any appropriate plans of survey signed by the Surveyor-General.\n\nDivision 2—Casino development\n\nS. 128D inserted by No. 34/1993 s. 4.\n\n","sortOrder":205},{"sectionNumber":"128D","sectionType":"section","heading":"Amendment of planning scheme","content":"\t128D Amendment of planning scheme\n\n(1) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the **Planning and Environment Act 1987** may—\n\n(a) on the recommendation of the Minister administering this Act, prepare; and\n\n(b) adopt and approve—\n\namendments to any planning scheme applying to any land in the Melbourne Casino area or the temporary casino site to facilitate the Melbourne Casino project.\n\n(2) Without limiting what an amendment may include, an amendment prepared under this section may—\n\n(a) impose any conditions on the development and use of land for the purposes of the Melbourne Casino project that the Minister administering the **Planning and Environment Act 1987** may determine; and\n\n(b) provide that no permit is required for all or any part of that development or use of land; and\n\nS. 128D(2)(c) amended by No. 90/1998 s. 4(1)(b).\n\n(c) specify the Minister administering the **Planning and Environment Act 1987** as the responsible authority for the administration or enforcement of any provision of a planning scheme applicable to the Melbourne Casino project; and\n\n(d) specify the Minister administering this Act as a referral authority for applications for planning permits in relation to land in the Melbourne Casino area or temporary casino site.\n\n(3) The **Planning and Environment Act 1987** (except for section 12(1), (a) and (e), (2) and (3) and Divisions 1 and 2 of Part 3, and section 39(1) to (6) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under this section.\n\n(4) This section has effect despite anything in section 46 of the **Planning and Environment Act 1987** and that section does not apply to an amendment prepared, adopted or approved under this section.\n\n(5) Section 39(7) of the **Planning and Environment Act 1987** applies to an amendment prepared, adopted or approved under this section as if before \"Division 1\" there were inserted \"section 12(1) or\".\n\n(6) Section 39(8) of the **Planning and Environment Act 1987** applies to an amendment prepared or adopted under this section as if—\n\n(a) the words \"Except for an application under this section\" were deleted; and\n\n(b) before \"Division 1\" there were inserted \"section 12(1) or\".\n\n(7) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the **Planning and Environment Act 1987**.\n\nS. 128E inserted by No. 34/1993 s. 4.\n\n","sortOrder":206},{"sectionNumber":"128E","sectionType":"section","heading":"Administration of Building Act","content":"\t128E Administration of Building Act\n\nS. 128E(1) amended by Nos 126/1993 s. 264(Sch. 5 item 5.1), 36/1994 s. 15(1).\n\n(1) Despite anything to the contrary in the **Building Act 1993**, the Minister administering that Act may, by Order published in the Government Gazette, declare that the administration and enforcement in relation to all or any part of the Melbourne Casino area or the temporary casino site of any of the provisions of that Act and the regulations made under that Act is to be carried out by the Minister or any other person or body specified in the Order and in accordance with the terms and conditions of the Order.\n\nS. 128E(2) amended by No. 126/1993 s. 264(Sch. 5 item 5.2(a)).\n\n(2) The **Building Act 1993** and the regulations under that Act apply for the purposes of this section as if—\n\nS. 128E(2)(a) amended by No. 126/1993 s. 264(Sch. 5 item 5.2(b)).\n\n(a) any reference to a council or a relevant building surveyor or a municipal building surveyor were a reference to the Minister or the relevant person or body specified in an Order under this section; and\n\nS. 128E(2)(b) amended by No. 126/1993 s. 264(Sch. 5 item 5.2(c)).\n\n(b) Part 10 of that Act required the Building Appeals Board to hold closed proceedings on matters affecting the Melbourne Casino site or the temporary casino site.\n\nS. 128E(3) amended by Nos 126/1993 s. 264(Sch. 5 item 5.3), 36/1994 s. 15(2), repealed by No. 21/2017 s. 110.\n\nS. 128F inserted by No. 34/1993 s. 4.\n\n","sortOrder":207},{"sectionNumber":"128F","sectionType":"section","heading":"Application of Heritage Act","content":"\t128F Application of Heritage Act\n\nS. 128F(1) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 2.1(a)(b)), 7/2017 s. 297(1).\n\n(1) The Minister administering the **Heritage Act 2017**, by Order published in the Government Gazette, may exempt any registered place within the meaning of that Act or other building or land in the Melbourne Casino area from the operation of that Act.\n\nS. 128F(2) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 2.1(a)(c)(i)(ii)), 7/2017 s. 297(2).\n\n(2) On the making of an Order under subsection (1), the **Heritage Act 2017** ceases to apply to the place, building or land in respect of which the Order is made and any registered place ceases to be registered under that Act.\n\n(3) An Order under subsection (1) may be made subject to any conditions specified in the Order including—\n\nS. 128F(3)(a) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 2.1(a)), 7/2017 s. 297(3).\n\n(a) a condition requiring specified things to be done to the satisfaction of the Minister administering the **Heritage Act 2017**; and\n\n(b) a condition providing that any use or development of land is conditional on an agreement being entered into with that Minister.\n\n(4) Any person who fails to comply with a condition of an Order or an agreement made under an Order is guilty of an offence and liable to a penalty of up to 1500 penalty units or 2 years imprisonment.\n\n(5) The Minister may revoke or amend an Order made under subsection (1).\n\n(6) On the revocation of an Order made under subsection (1)—\n\nS. 128F(6)(a) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 2.1(a)(d)(i)), 7/2017 s. 297(4).\n\n(a) the **Heritage Act 2017** again applies to any place, building or land affected by the Order; and\n\nS. 128F(6)(b) amended by No. 93/1995 s. 218(1) (Sch. 2 item 2.1(d)(ii)).\n\n(b) in the case of any place affected by the Order which was previously registered under that Act, that Act applies as if that place had not been registered.\n\nS. 128G inserted by No. 34/1993 s. 4.\n\n","sortOrder":208},{"sectionNumber":"128G","sectionType":"section","heading":"Environment effects","content":"\t128G Environment effects\n\nThe **Environment Effects Act 1978** does not apply to any works in the Melbourne Casino project.\n\nDivision 3—Powers over land\n\nS. 128H inserted by No. 34/1993 s. 4.\n\n","sortOrder":209},{"sectionNumber":"128H","sectionType":"section","heading":"Acquisition","content":"\t128H Acquisition\n\n(1) For the purposes of the Melbourne Casino project or of access to or within the Melbourne Casino area, the Minister may acquire any interest in land by agreement or compulsorily.\n\n(2) This section is in addition to and does not take away from any of the Minister's other powers to acquire interests in land.\n\nS. 128I inserted by No. 34/1993 s. 4.\n\n","sortOrder":210},{"sectionNumber":"128I","sectionType":"section","heading":"Acquisition of land under other legislation","content":"\t128I Acquisition of land under other legislation\n\n(1) The Minister, by Order published in the Government Gazette, may declare that this section applies to the acquisition of an interest in land by agreement or compulsorily if—\n\n(a) the interest is being or has been acquired by a Minister or a public statutory authority at the request of the Minister administering this section, the Minister administering the **Planning and Environment Act 1987** or the Minister administering the **Gaming Machine Control Act 1991**; and\n\n(b) the interest is being or has been acquired under an Act other than this Act; and\n\n(c) the interest is being or has been acquired for the purpose of the Melbourne Casino project or for access to or within the Melbourne Casino area; and\n\n(d) the acquisition commences before the commencement of this section.\n\n(2) In relation to the acquisition of an interest in land to which this section applies and which is not vested in, or registered under the name of the acquiring authority, the Minister is the successor in law of the acquiring authority.\n\n(3) Without limiting subsection (2)—\n\n(a) anything relating to that acquisition that has been done by or in relation to the acquiring authority must be taken to have been done by or in relation to the Minister;\n\n(b) the acquisition must be taken to be an acquisition under this Division;\n\n(c) in any instrument or document relating to the acquisition, a reference to the acquiring authority must be taken to be a reference to the Minister;\n\n(d) the Minister must be taken to be substituted for the acquiring authority as a party to any proceeding relating to the acquisition;\n\n(e) the Minister may continue and complete anything of a continuing nature done in relation to the acquisition (including any step taken under the **Subdivision Act 1988**).\n\n(4) If, as a result of an acquisition of an interest in land to which this section applies, the interest is vested in or has been registered in the name of the acquiring authority at the commencement of this section, the interest vests, by force of this section, in the Crown, subject to any interest, right, power or authority to which it was subject immediately before its vesting under this section.\n\nS. 128J inserted by No. 34/1993 s. 4.\n\n","sortOrder":211},{"sectionNumber":"128J","sectionType":"section","heading":"Application of Land Acquisition and Compensation Act","content":"\t128J Application of Land Acquisition and Compensation Act\n\n(1) Subject to this section, the **Land Acquisition and Compensation Act 1986** applies to this Division and for that purpose—\n\n(a) this Division is the special Act; and\n\n(b) the Minister is the Authority.\n\n(2) Sections 5(1), 13, 20 and 26(2) and (5) of the **Land Acquisition and Compensation Act 1986** do not apply to this Division.\n\n(3) Section 8(1) of the **Land Acquisition and Compensation Act 1986** applies to this Division as if for paragraph (e) there were **substituted**—\n\n\"(e) state that section 5(1) does not apply to the interest; and\".\n\n(4) An interest in land compulsorily acquired under this Division vests in the Crown under section 24 of the **Land Acquisition and Compensation Act 1986** despite anything to the contrary in that section.\n\n(5) Section 26 of the **Land Acquisition and Compensation Act 1986** applies to this Division as if—\n\n(a) in subsection (3) after \"that subsection\" there were **inserted** \"or until the date when the authority is to take possession specified in a notice under subsection (11A) (as the case requires)\";\n\n(b) in subsection (8) after \"subsection (2)\" there were **inserted** \"or the date on which the authority is to take possession specified in a notice under subsection (11A) or\";\n\n(c) in subsection (9) after \"that subsection\" there were **inserted** \"or the date on which the authority is to take possession specified in a notice under subsection (11A) (as the case requires)\";\n\n(d) after subsection (11) there were **inserted**—\n\n\"(11A) The Authority must serve on any person in occupation of the land acquired written notice of the time and date on which the Authority is to take possession.\".\n\nS. 128K inserted by No. 34/1993 s. 4.\n\n","sortOrder":212},{"sectionNumber":"128K","sectionType":"section","heading":"Powers over Crown land","content":"\t128K Powers over Crown land\n\n(1) For the purposes of the Melbourne Casino project, the Minister has the following powers over any part of the Melbourne Casino area or the temporary casino site that is Crown land—\n\n(a) to develop or use the land;\n\n(b) to construct, extend, realign or relocate roads.\n\nS. 128K(2) amended by No. 46/1998 s. 7(Sch. 1).\n\n(2) For the purposes of the Melbourne Casino project the Minister may grant leases, licences, rights, or privileges over Crown land in the Melbourne Casino area or the temporary casino site on any terms and conditions (including the payment of rents and fees) that the Minister thinks fit.\n\n(3) Subject to this section, the provisions of the **Land Act 1958** relating to leases and licences under subdivisions 1 and 2 of Division 9 of Part I of that Act apply to leases and licences under this section.\n\n(4) Section 138(2) of the **Land Act 1958** does not apply to a licence under this section.\n\n(5) Section 138A of the **Land Act 1958** applies to a licence under this section for a stratum of Crown land as if—\n\n(a) subsection (2) referred to a licence under this section instead of a licence under section 138;\n\n(b) in subsection (3)(b)(ii) after \"this Act\" there were inserted \"or Division 3 of Part 9A of the **Casino Control Act 1991**\";\n\n(c) in subsection (5) for \"section 138(2)\" there were substituted \"anything to the contrary in any Act\";\n\nS. 128K(5)(d) amended by No. 12/2004 s. 150.\n\n(d) after subsection (5) there were inserted—\n\n\"(5A) A licence over a stratum of Crown land may be granted even though there is a freeway or an arterial road (within the meaning of the **Road Management Act 2004)** over the land if the person granting the licence is satisfied that the exercise of the licensee's rights under the licence would not interfere with the use of the road by the public and the stratum covered by the licence does not include the level at which the road is constructed.\n\n(5B) In addition to any conditions under subsection (7), a licence covering a stratum of Crown land above or below a declared road is subject to any terms and conditions determined by the person who grants the licence, specified in the licence and relating to the protection, maintenance and preservation of the road as a highway.\";\n\n(e) subsection (7)(c) were omitted.\n\n(6) Despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or in any reservation of land under that Act a lease or licence may be granted under this section over Crown land, whether or not it is reserved under that Act or used as a car park in accordance with that Act.\n\n(7) The **Crown Land (Reserves) Act 1978** does not apply to—\n\n(a) a development or use of Crown land under subsection (1); or\n\n(b) a lease or licence over Crown land under subsection (2).\n\n(8) If a provision of the **Land Act 1958** applied by this section to a lease or licence is inconsistent with a provision of this section or of that lease or licence, the provision of this section or of that lease or licence prevails.\n\n(9) Without limiting section 15, a management agreement under that section may include provisions concerning redevelopment and use of land in the Melbourne Casino area or the temporary casino site.\n\n(10) In this section ***Crown land*** includes land in the Melbourne Casino area that is referred to in section 9(2) of the **King-Street Bridge Act** **1957**.\n\nS. 128L inserted by No. 34/1993 s. 4.\n\n","sortOrder":213},{"sectionNumber":"128L","sectionType":"section","heading":"Road closure","content":"\t128L Road closure\n\n(1) The Governor in Council, by Order published in the  Government Gazette, may close the whole or any part of a road in the Melbourne Casino area.\n\n(2) As soon as possible after the publication of an Order under subsection (1) the Minister must cause notice of the road closure to be published in a newspaper circulating generally throughout Victoria.\n\n(3) On the publication of an Order under subsection (1)—\n\n(a) the land over which the closed road ran ceases to be a road; and\n\n(b) all rights, easements and privileges over that land existing or claimed either in the public or by any body or person as incident to any express or implied grant, or past or supposed dedication, or by user, operation of law or otherwise, cease; and\n\n(c) the land is deemed to be unalienated land of the Crown.\n\nS. 128M inserted by No. 34/1993 s. 4.\n\n","sortOrder":214},{"sectionNumber":"128M","sectionType":"section","heading":"Revocation of reservations","content":"\t128M Revocation of reservations\n\n(1) The following Orders in Council are revoked to the extent that they apply to the Melbourne Casino area—\n\n(a) Order in Council dated 26 November 1963 (published in the Government Gazette of 4 December 1963 at page 3569) to the extent that it relates to land at South Melbourne, Parish of Melbourne South, County of Bourke, which is by that Order permanently reserved as a site for a public park;\n\n(b) Order in Council dated 18 June 1969 (published in the Government Gazette of 25 June 1969 at page 1880) relating to land at South Melbourne, Parish of Melbourne South, County of Bourke, which is by that Order permanently reserved as a site for a public park.\n\n(2) On the revocation by this section of an Order in Council reserving land—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests;\n\n(b) the appointment of any committee of management is revoked to the extent that it relates to that land;\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land.\n\nS. 128N inserted by No. 34/1993 s. 4.\n\n","sortOrder":215},{"sectionNumber":"128N","sectionType":"section","heading":"No compensation payable by Crown","content":"\t128N No compensation payable by Crown\n\nNo compensation is payable by the Crown in respect of anything done under or arising out of section 128L or 128M.\n\nDivision 4—General\n\nS. 128O inserted by No. 34/1993 s. 4.\n\n","sortOrder":216},{"sectionNumber":"128O","sectionType":"section","heading":"Dispute resolution","content":"\t128O Dispute resolution\n\n(1) The Governor in Council may determine any dispute or question about anything done or proposed to be done under this Part or any other Act and that arises in relation to or may affect the Melbourne Casino project, if the dispute or question arises between any of the following—\n\n(a) a public statutory authority;\n\nS. 128O(1)(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 25).\n\n(b) a Department within the meaning of the **Public Administration Act 2004**;\n\n(c) a municipal council.\n\n(2) A dispute or question can only be referred for determination under subsection (1) on the joint recommendation of the Minister and—\n\n(a) the Minister responsible for any Department concerned; or\n\n(b) the Minister administering the Act under which any body concerned is established or operates.\n\n(3) The determination has effect despite anything to the contrary in any Act, and the persons or bodies between which the dispute or question arose are bound by the determination.\n\nS. 128P inserted by No. 34/1993 s. 4, amended by No. 93/1995 s. 218(1) (Sch. 2 item 2.2), repealed by No. 38/2002 s. 16.\n\nS. 128Q inserted by No. 34/1993 s. 4.\n\n","sortOrder":217},{"sectionNumber":"128Q","sectionType":"section","heading":"Bodies may be required to act promptly","content":"\t128Q Bodies may be required to act promptly\n\nS. 128Q(1) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 25), 23/2025 s. 74(Sch. 1 item 1.18).\n\n(1) The Governor in Council, by Order published in the Government Gazette, may require a Department Head (within the meaning of the **Public Administration Act 2004**), public statutory authority or municipal council to carry out the functions of the person or body in relation to the Melbourne Casino project or the Melbourne Casino area within a time specified in the Order, and the person or body must comply with the requirement.\n\n(2) A requirement under subsection (1) cannot vary any time or time limit prescribed by or under an Act.\n\nS. 128R inserted by No. 34/1993 s. 4.\n\n","sortOrder":218},{"sectionNumber":"128R","sectionType":"section","heading":"Registrar of Titles to make necessary amendments to records","content":"\t128R Registrar of Titles to make necessary amendments to records\n\nS. 128R(1) repealed by No. 85/1998 s. 24(Sch item 7).\n\n(2) The Registrar of Titles must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of any provision of this Part.\n\nDivision 5—Limitation of jurisdiction of Supreme Court\n\nS. 128S inserted by No. 34/1993 s. 4.\n\n","sortOrder":219},{"sectionNumber":"128S","sectionType":"section","heading":"Supreme Court—Limitation of jurisdiction","content":"\t128S Supreme Court—Limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court—\n\n(a) reviewing matters of the kind described in section 39(7) and (8) of the **Planning and Environment Act 1987** (as modified by section 128D(5) and (6) of this Act); or\n\n(b) awarding compensation in respect of anything done under or arising out of section 128L or 128M.\n\nPt 10 (Heading) substituted by No. 37/1994 s. 229(l), amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 119).\n\n","sortOrder":220},{"sectionNumber":"Part 10","sectionType":"part","heading":"Powers and functions of the Commission","content":"Part 10—Powers and functions of the Commission\n\nSs 129–139 repealed by No. 37/1994 s. 229(m).\n\nS. 140 amended by Nos 36/1994 s. 20(zb), 16/2000 s. 4, 114/2003 s. 12.1.2 (Sch. 5 items 120, 121), 58/2011 s. 95, repealed by No. 26/2022 s. 10.\n\nS. 141 (Heading) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 122).\n\n","sortOrder":221},{"sectionNumber":"141","sectionType":"section","heading":"Functions of the Commission","content":"\t141 Functions of the Commission\n\nS. 141(1) repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 123(a)).\n\nS. 141(2) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 123(b)(i)), 58/2011 s. 96.\n\n(2) Without limiting its other functions under this Act or any other Act, the Commission—\n\n(a) must oversee the operation and regulation of casinos;\n\nS. 141(2)(ab) inserted by No. 93/1993 s. 29, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 123 (b)(ii)).\n\n(ab) must consider any system of controls and administrative and accounting procedures of the Commission to ensure that the taxes, charges and levies payable under this Act are paid and must approve or reject the system;\n\nS. 141(2)(b) amended by No. 34/1993 s. 17(2)(a).\n\n(b) must advise the Minister concerning policy in relation to supervision and inspection of casinos;\n\nS. 141(2)(c) amended by No. 34/1993 s. 17(2)(a), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 123(c)).\n\n(c) must do all things it is authorised or required to do under this Act, including but not limited to—\n\n(i) supervising directly the operation of casinos and the conduct of gaming and betting within them;\n\n(ii) ensuring that the handling and counting of money in casinos is supervised;\n\n(iii) detecting offences committed in or in relation to casinos;\n\n(iv) receiving and investigating complaints from casino customers concerning the conduct of gaming or betting in the casino;\n\n(v) investigating the antecedents of applicants for licences;\n\n(vi) checking casino records as required;\n\n(vii) inspecting, testing and approving gaming equipment and chips used in casinos;\n\n(viii) ensuring that the taxes, charges and levies payable under this Act are paid;\n\nS. 141(2)(c)(ix) amended by No. 47/2005 s. 4(a).\n\n(ix) preparing and giving to the Minister such reports concerning the operation of casinos and the conduct of gaming and betting in them as the Commission thinks fit or as the Minister may request;\n\nS. 141(2)(c)(x) inserted by No. 47/2005 s. 4(b).\n\n(x) investigating and reporting to the Minister on the matters referred to in section 25.\n\n","sortOrder":222},{"sectionNumber":"142","sectionType":"section","heading":"Authority may enter into agreements","content":"\t142 Authority may enter into agreements\n\n(1) On or after 1 December 1992, with the approval of the Minister, the Authority may enter into agreements (on behalf of the State) for or in connection with the establishment and operation of casinos.\n\n(2) Such an agreement may provide that all or specified obligations imposed by the agreement are to be considered to be conditions of the relevant casino licence and such a provision has effect accordingly.\n\nS. 142(3) inserted by No. 38/2002 s. 17, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 124).\n\n(3) The Authority or the Commission cannot enter into any agreement under this section on or after the commencement of section 17 of the **Gaming Legislation (Amendment) Act 2002**.\n\nS. 142(4) inserted by No. 38/2002 s. 17, amended by No. 47/2005 s. 5.\n\n(4) Subsection (3) does not prevent the Authority or the Commission from amending or varying any agreement made under this section before the commencement referred to in that subsection after that commencement in accordance with the terms of the agreement.\n\nS. 143 amended by No. 88/2000 s. 49, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 125).\n\nS. 144 amended by No. 38/2002 s. 18, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 125).\n\nS. 145 repealed by No. 37/1994 s. 229(n), new s. 145 inserted by No. 88/2000 s. 50, amended by No. 38/2002 s. 19, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 125).\n\nS. 146 repealed by No. 37/1994 s. 229(n), new s. 146 inserted by No. 88/2000 s. 50, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 125).\n\nS. 147 amended by No. 34/1993 s. 15, repealed by No. 37/1994 s. 229(n).\n\nS. 148 repealed by No. 37/1994 s. 229(n).\n\nS. 149 amended by No. 93/1993 s. 30(a)(b), repealed by No. 36/1994 s. 16.\n\n","sortOrder":223},{"sectionNumber":"Part 11","sectionType":"part","heading":"General","content":"Part 11—General\n\n","sortOrder":224},{"sectionNumber":"150","sectionType":"section","heading":"No liability in respect of things done before agreement","content":"\t150 No liability in respect of things done before agreement\n\nAn action does not lie against the State in respect of anything done, or purported to be done, for the purposes of the establishment or operation of a casino in the State, before an agreement is entered into under section 15 in relation to that casino or proposed casino.\n\nS. 150A inserted by No. 29/1993 s. 9.\n\n","sortOrder":225},{"sectionNumber":"150A","sectionType":"section","heading":"Use of name including word *casino*","content":"\t150A Use of name including word *casino*\n\nS. 150A(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 126).\n\n(1) A person, not being a casino operator, must not except with the consent of the Commission, use or have attached to or exhibited at or on—\n\n(a) that person's place of business; or\n\n(b) any other premises—\n\nwhere gaming machines are installed or on any name-place or sign-board or in any advertisement, hand-bill or notice published by or for that person the word \"casino\", either alone or in combination with any other word or letters.\n\n1. If the person is a natural person, 10 penalty units;\n\nIf the person is a corporation, 50 penalty units.\n\n(2) If a person is convicted of an offence under subsection (1) and the offence continues after conviction, the person is guilty of a further offence and liable on conviction to an additional penalty for each day during which the offence so continues of—\n\n(a) if the person is a natural person, not more than 2 penalty units;\n\n(b) if the person is a corporation, not more than 10 penalty units.\n\nS. 151 amended by Nos 34/1993 s. 16, 17/1996 s. 32, 88/2000 s. 51, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 127).\n\nS. 151A inserted by No. 88/2000 s. 52, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 127).\n\nS. 152 amended by No. 90/1998 s. 3, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 127).\n\nS. 153 amended by Nos 34/1993 s. 17(2)(b), 37/1994 s. 229(o)(p), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 127).\n\nS. 153A inserted by No. 93/1993 s. 31, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 127).\n\nS. 153B inserted by No. 93/1993 s. 31, amended by No. 44/1995 s. 7(2)(b), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 128).\n\n","sortOrder":226},{"sectionNumber":"153B","sectionType":"section","heading":"Forgery and impersonation","content":"\t153B Forgery and impersonation\n\nS. 153B(a) substituted by No. 42/2022 s. 46.\n\n(a) forge or counterfeit—\n\n(i) chips or non-cash gaming tokens; or\n\n(ii) a chip or non-cash gaming token purchase voucher, a licence under this Act or a special employee's form of identification; or\n\nS. 153B(b) substituted by No. 42/2022 s. 46.\n\n(b) knowingly utter—\n\n(i) counterfeit chips or non-cash gaming tokens; or\n\n(ii) a forged or counterfeit chip or non-cash gaming token purchase voucher, a licence under this Act or a special employee's form of identification; or\n\n(c) impersonate the holder of such a licence or form of identification.\n\n1. 100 penalty units or imprisonment for 2 years or both.\n\nS. 153C inserted by No. 93/1993 s. 31.\n\n","sortOrder":227},{"sectionNumber":"153C","sectionType":"section","heading":"Conduct in casino","content":"\t153C Conduct in casino\n\nA casino operator must not permit any indecent, violent or quarrelsome conduct within the casino.\n\nS. 154 repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 129).\n\n","sortOrder":228},{"sectionNumber":"155","sectionType":"section","heading":"Appeals","content":"\t155 Appeals\n\nS. 155(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 130(a)).\n\n(1) Except as otherwise provided in this Act, a decision of the Commission under this Act is final and is not subject to appeal or review.\n\nS. 155(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 130(b)).\n\n(2) Except as otherwise provided in this section, a decision of the Commission under this Act is final and is not subject to appeal or review.\n\nS. 155(3) amended by Nos 109/1994 s. 34(5)(a), 114/2003 s. 12.1.2 (Sch. 5 item 130(b)), 62/2014 s. 10.\n\n(3) A person aggrieved by a decision of the Commission—\n\n(a) to cancel or suspend, or to refuse to cancel or suspend, a casino licence; or\n\n(b) to amend, or to refuse to amend, the conditions of a casino licence—\n\nmay appeal to the Court of Appeal from the decision on a question of law with leave of the Court of Appeal.\n\nS. 155(4) repealed by No. 109/1994 s. 34(5)(b).\n\n(5) Section 74 of the **County Court Act 1958** applies to an appeal under subsection (3) with such modifications as are necessary.\n\nS. 155(6) amended by No. 109/1994 s. 34(5)(c).\n\n(6) The Court of Appeal shall hear and determine the appeal and make such order as it thinks appropriate by reason of its decision, including, without limiting its power to make such orders—\n\nS. 155(6) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 130(b)).\n\n(a) an order affirming or setting aside the decision of the Commission;\n\nS. 155(6)(b) amended by Nos 109/1994 s. 34(5)(c), 114/2003 s. 12.1.2 (Sch. 5 item 130(b)).\n\n(b) an order remitting the matter to the Commission to decide again in accordance with the directions of the Court of Appeal.\n\n(7) A person aggrieved by a decision referred to in subsection (3) is to be taken to be a person affected by a decision of a tribunal within the meaning of sections 3 and 11 of the **Administrative Law Act 1978**.\n\n","sortOrder":229},{"sectionNumber":"156","sectionType":"section","heading":"No right to compensation for cancellation etc.","content":"\t156 No right to compensation for cancellation etc.\n\nNo right to compensation enforceable against the State arises in relation to the cancellation, suspension or variation of the terms of licence, or an amendment of the conditions of a licence, under this Act.\n\nS. 157 repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 131), new s. 157 inserted by No. 54/2021 s. 26.\n\n","sortOrder":230},{"sectionNumber":"157","sectionType":"section","heading":"No liability for implementing Royal Commission recommendations","content":"\t157 No liability for implementing Royal Commission recommendations\n\n(1) On and after the commencement of this section, the State or a Minister has, and can have, no liability to any person, whether under clause 4 or 24A of the Agreement or otherwise, that is or would be in respect of any cost, loss or damage incurred directly or indirectly as a result of, or arising out of—\n\n(a) the implementation or purported implementation of any recommendation made in the report of the Royal Commission into the Casino Operator and Licence; or\n\n(b) the preparation and introduction into Parliament of the Bill for the **Casino and Gambling Legislation Amendment Act 2021**.\n\n(2) Any liability of the State or a Minister of the type described in subsection (1) that may have arisen before the commencement of this section is extinguished.\n\nS. 158 repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 131), new s. 158 inserted by No. 54/2021 s. 26.\n\n","sortOrder":231},{"sectionNumber":"158","sectionType":"section","heading":"Certain actions not open to challenge","content":"\t158 Certain actions not open to challenge\n\n(1) This section applies to—\n\n(a) any decision or purported decision made or purportedly made by or on behalf of the State or a Minister in, or in relation to—\n\n(i) the implementation or purported implementation of any recommendation made in the report of the Royal Commission into the Casino Operator and Licence; or\n\n(ii) the preparation and introduction into Parliament of the Bill for the **Casino and Gambling Legislation Amendment Act 2021**; or\n\n(b) the making or purported making of, or the failure to make, a determination by the Commission under section 36H(2).\n\n(2) A decision, purported decision, determination, purported determination or failure to which this section applies is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal on any account or before any person acting judicially within the meaning of the **Evidence (Miscellaneous Provisions) Act 1958**.\n\n(3) Without limiting subsection (2), no proceedings—\n\n(a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or an injunction; or\n\n(b) seeking any order under the **Administrative Law Act 1978**—\n\nmay be brought against the State, a Minister or the Commission in respect of a decision, purported decision, determination, purported determination or failure to which this section applies.\n\n(4) Subsection (2) or (3) does not apply to a matter or thing to the extent (if any) that is necessary to avoid that subsection or any part of it—\n\n(a) applying to the matter or thing inconsistently with a law of the Commonwealth; or\n\n(b) not being valid for any other reason.\n\n(5) If, despite subsection (4), any part of subsection (2) or (3) is not valid for any reason, the rest of subsections (2) and (3) is to be regarded as divisible from, and capable of operating independently of the part that is not valid.\n\nS. 159 amended by No. 88/2000 s. 53, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 131), new s. 159 inserted by No. 54/2021 s. 26.\n\n","sortOrder":232},{"sectionNumber":"159","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t159 Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 158 to alter or vary section 85 of the **Constitution Act 1975**.\n\nSs 160–164 repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 131).\n\n","sortOrder":233},{"sectionNumber":"165","sectionType":"section","heading":"Forfeiture of offending articles","content":"\t165 Forfeiture of offending articles\n\n(1) If a person commits an offence under this Act involving the unlawful use or possession of any gaming equipment or any other article or thing, the court before which the person is convicted may order the equipment, article or thing to be forfeited to the State.\n\nS. 165(2) amended by No. 23/2025 s. 74(Sch. 1 item 1.19).\n\n(2) An inspector or a police officer may, in a casino, seize and retain possession of any equipment, article or thing that the inspector or police officer reasonably suspects is liable to forfeiture under this section.\n\n","sortOrder":234},{"sectionNumber":"166","sectionType":"section","heading":"Information gathering for law enforcement purposes","content":"\t166 Information gathering for law enforcement purposes\n\nS. 166(1) amended by Nos 114/2003 s. 12.1.2 (Sch. 5 item 132), 54/2021 s. 27(1)(a).\n\n(1) For the purpose of obtaining information that may be of assistance to a law enforcement agency, the Commission, by notice in writing, may require a casino operator to provide the Commission with information obtained by the operator concerning gaming in the casino.\n\nS. 166(2) amended by No. 54/2021 s. 27(1)(b).\n\n(2) A requirement under this section may relate to particular information or to information generally and may relate to particular or general information concerning a specified person.\n\nS. 166(3) amended by No. 54/2021 s. 27(1)(c).\n\n(3) A notice under this section must specify—\n\n(a) the kind of information that the casino operator is required to provide; and\n\n(b) the manner in which the information is to be provided.\n\nS. 166(4) substituted by No. 54/2021 s. 27(2).\n\n(4) It is a condition of a casino licence that the casino operator must comply with the requirements of a notice under this section.\n\nSection 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section.\n\nS. 166(5) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 132).\n\n(5) The Commission may make information obtained by the Commission under this section available to any law enforcement agency.\n\n(6) In this section—\n\nS. 166(6) def. of  \n*law enforcement agency* amended by Nos 52/2003 s. 52(Sch. 1 item 1), 37/2014 s. 10(Sch. item 12.4).\n\n***law enforcement agency*** means—\n\n(a) Victoria Police or the police force or police service of any other State or Territory; or\n\n(b) the Australian Federal Police; or\n\n(c) the Australian Crime Commission; or\n\n(d) the New South Wales Crime Commission; or\n\n(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.\n\n","sortOrder":235},{"sectionNumber":"167","sectionType":"section","heading":"Regulations","content":"\t167 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) the installations, devices and equipment to be provided in a casino for gaming and other purposes and the maintenance of the installations, devices and equipment;\n\n(b) the facilities and amenities to be provided for patrons of, and inspectors on duty in, a casino and the maintenance of those amenities;\n\nS. 167(1)(ba) inserted by No. 16/2000 s. 5.\n\n(ba) the provision to players of gaming machines in a casino of information relevant to gaming on gaming machines;\n\n(c) the provision and security of drop boxes and other places for the depositing of money;\n\nS. 167(1)(ca) inserted by No. 42/2022 s. 47(1).\n\n(ca) the conduct of gaming in a casino that involves non‑cash gaming tokens, including—\n\n(i) any matter relevant to those tokens or the conduct of that gaming; and\n\n(ii) technical standards for those tokens or equipment and systems that relate to those tokens or that gaming; and\n\n(iii) other restrictions relating to those tokens or the equipment and systems referred to in subparagraph (ii), including restrictions on where the equipment may be installed; and\n\n(iv) restrictions that may be imposed in relation to those tokens and that gaming to foster responsible gambling; and\n\n(v) the interaction between the equipment and systems referred to in paragraph (ii) and—\n\n(A) a loyalty scheme; or\n\n(B) a pre-commitment system;\n\n(d) the movement of gaming equipment to and from a casino;\n\nS. 167(1)(da) inserted by No. 42/2022 s. 47(2).\n\n(da) requirements relating to player cards and identity verification, including—\n\nS. 167(1)(da)(i) amended by No. 30/2023 s. 13.\n\n(i) procedures for linking a player card issued or to be issued to a person to their identity and for verifying that identity; and\n\n(ii) the requirements or specifications for player cards; and\n\n(iii) procedures for applying for and issuing player cards; and\n\nS. 167(1) (da)(iv) amended by No. 30/2023 s. 13.\n\n(iv) restrictions on the issuing of player cards; and\n\n(v) requirements for verifying a person's identity before paying winnings to them; and\n\nS. 167(1) (da)(va) inserted by No. 40/2025 s. 18(a).\n\n(va) procedures for checking player cards and verifying a person's identity before allowing a person to play a game; and\n\n(vi) the displaying of signs in the casino in relation to identity verification; and\n\n(vii) the collection, storage, use and disclosure of information provided for the purpose of identity verification;\n\nS. 167(1)(db) inserted by No. 42/2022 s. 47(2).\n\n(db) requirements related to carded play in a casino, including—\n\n(i) technical standards for carded play or equipment and systems that relate to carded play; and\n\n(ii) the collection, storage, use and disclosure of data through carded play; and\n\n(iii) information to be provided to players; and\n\nS. 167(1) (db)(iv) amended by No. 40/2025 s. 18(b).\n\n(iv) the provision of player activity statements in relation to carded play, including the frequency, form, content and manner of provision of those statements; and\n\nS. 167(1) (db)(v) inserted by No. 40/2025 s. 18(c).\n\n(v) prohibiting a person from using a player card that is not issued to that person to play a game in a casino;\n\nS. 167(1)(dc) inserted by No. 42/2022 s. 47(2).\n\n(dc) requirements related to pre-commitment in relation to the playing of gaming machines in a casino, including—\n\n(i) requirements in relation to the setting of time limits or net loss limits or both, including mandatory limits and default limits; and\n\n(ii) the consequences and options for a person once a time limit or net loss limit is reached;\n\nS. 167(1)(dd) inserted by No. 42/2022 s. 47(2).\n\n(dd) harm minimisation in relation to gaming in a casino, including—\n\n(i) responsible gambling and anti-money laundering checks for deposits above specified amounts in cashless gaming accounts; and\n\n(ii) the setting of deposit limits, debiting limits and load-up limits for using funds in cashless gaming accounts for gaming; and\n\nS. 167(1) (dd)(iia) inserted by No. 40/2025 s. 18(d).\n\n(iia) restricting or prohibiting automatic increases in the amount of money available for gaming in cashless gaming accounts; and\n\n(iii) providing for delays in the crediting of deposits to cashless gaming accounts; and\n\n(iv) limiting amounts that can be activated from cashless gaming accounts for gaming;\n\nS. 167(1)(de) inserted by No. 40/2025 s. 18(e).\n\n(de) training and supervision requirements for casino employees in relation to the playing of table games in a casino;\n\nS. 167(1)(df) inserted by No. 40/2025 s. 18(e).\n\n(df) restricting the number of persons who can play a table game in a casino;\n\n(e) advertising relating to a casino;\n\n(f) the submission of reports by casino operators;\n\nS. 167(1)(fa) inserted by No. 42/2022 s. 47(3).\n\n(fa) in relation to a casino operator that is a company—\n\n(i) prescribing functions of the operator or directors of the operator for the purposes of section 36ZB(2);\n\n(ii) prescribing categories of senior executives for the purposes of section 36ZC;\n\n(iii) prescribing periods during which the operator must employ or appoint senior executives for the purposes of section 36ZC;\n\n(g) regulating in the casino the activities of persons (other than licensees under Part 4) who are in the casino in the course of their employment or prohibiting any of those activities;\n\n(h) the testing of operations, or of proposed operations, in a casino;\n\n(i) the acquisition of gaming equipment for use in a casino;\n\n(j) the servicing of gaming equipment used in a casino;\n\n(k) the issue and storage of gaming equipment for use in a casino;\n\nS. 167(1)(ka) inserted by No. 42/2022 s. 47(4).\n\n(ka) accounts kept and maintained under section 123(1), including—\n\n(i) record-keeping requirements in relation to transactions on an account; and\n\n(ii) customer identification requirements; and\n\n(iii) requirements for automating record-keeping and the detection of suspicious activity and for providing automated reports to the Commission; and\n\n(iv) restricting the types of account from which funds may be transferred to an account; and\n\n(v) training requirements for casino employees in relation to record-keeping and detecting suspicious activity;\n\nS. 167(1)(l) amended by Nos 34/1993 s. 17(2)(c), 12.1.2(Sch. 5 item 133(a)).\n\n(l) the form of contracts that, within the meaning of section 29, are controlled contracts, the approval of the Commission before a specified class of those contracts may take effect and the disclosure to the Commission of the existence of any such contracts;\n\nS. 167(1)(la) inserted by No. 36/1994 s. 19.\n\n(la) any matter in relation to which betting rules may be made under this Act;\n\nS. 167(1)(lb) inserted by No. 36/1994 s. 19.\n\n(lb) requirements relating to betting rules;\n\nS. 167(1)(lc) inserted by No. 42/2022 s. 47(5).\n\n(lc) the exclusion of persons from a casino, including—\n\n(i) requirements and procedures for checking whether a person seeking to enter a casino is excluded from entry; and\n\n(ii) requirements in relation to cashless gaming accounts and deposit accounts of excluded persons; and\n\n(iii) training requirements for casino employees in relation to the exclusion of persons from a casino;\n\n(m) any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act—\n\n(a) may impose a penalty not exceeding 20 penalty units for a breach of the regulations; and\n\n(b) may be of general or of specially limited application; and\n\nS. 167(2)(c) amended by No. 17/1996 s. 33.\n\n(c) may differ according to differences in time, place or circumstance, including regulations under Part 8; and\n\nS. 167(2)(d) inserted by No. 17/1996 s. 33, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 133(b)).\n\n(d) may confer a discretionary authority or impose a duty on the Commission.\n\nS. 167(3) substituted by No. 90/1998 s. 4(2).\n\n(3) The Regulations are subject to disallowance by a House of the Parliament.\n\nS. 167(4) substituted by No. 90/1998 s. 4(2).\n\n(4) If a regulation made under this Act is disallowed by the Parliament or a House of the Parliament, no regulation which is the same in substance as the disallowed regulation may be made within 6 months after the date of the disallowance, unless—\n\n(a) if the regulation was disallowed by one House of the Parliament, that House approves the making of a regulation the same in substance as the disallowed regulation; or\n\n(b) if the regulation was disallowed by both Houses of the Parliament, each House approves the making of a regulation the same in substance as the disallowed regulation.\n\n(5) Any regulation made in contravention of subsection (4) shall be void and of no effect.\n\nS. 168  \ninserted by No. 88/2000 s. 54, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 134).\n\n","sortOrder":236},{"sectionNumber":"168","sectionType":"section","heading":"Transitional provisions for the Gambling Regulation Act 2003","content":"\t168 Transitional provisions for the Gambling Regulation Act 2003\n\n","sortOrder":237},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"has effect.","content":"Schedule 3 has effect.\n\nS. 169 inserted by No. 55/2005 s. 15.\n\n","sortOrder":238},{"sectionNumber":"169","sectionType":"section","heading":"Transitional provisions—Racing and Gaming Acts (Police Powers) Act 2005","content":"\t169 Transitional provisions—Racing and Gaming Acts (Police Powers) Act 2005\n\n***commencement day*** means the day on which the **Racing and Gaming Acts (Police Powers) Act 2005** comes into operation.\n\n(2) An exclusion order made under section 74 and in force immediately before the commencement day continues, until it is revoked, to have the same application in respect of a person on and after that day as it had before that day.\n\nS. 170 inserted by No. 47/2005 s. 6.\n\n","sortOrder":239},{"sectionNumber":"170","sectionType":"section","heading":"Transitional provisions—Casino Control (Amendment) Act 2005","content":"\t170 Transitional provisions—Casino Control (Amendment) Act 2005\n\n(1) The first investigation under section 25 conducted after the commencement of the **Casino Control (Amendment) Act 2005** must be conducted not later than 5 years after the last investigation under that section as in force before the commencement of that Act.\n\n(2) Section 25 as amended by the **Casino Control (Amendment) Act 2005** applies to every investigation and report conducted on or after the commencement of that Act, regardless of whether the period of investigation commenced before the commencement of that Act.\n\nS. 171 inserted by No. 72/2007 s. 60.\n\n","sortOrder":240},{"sectionNumber":"171","sectionType":"section","heading":"Transitional provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007","content":"\t171 Transitional provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007\n\n","sortOrder":241},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"has effect.","content":"Schedule 4 has effect.\n\nS. 172 inserted by No. 58/2011 s. 97.\n\n","sortOrder":242},{"sectionNumber":"172","sectionType":"section","heading":"Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011","content":"\t172 Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011\n\n","sortOrder":243},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"has effect.","content":"Schedule 5 has effect.\n\nS. 173 inserted by No. 58/2015 s. 6.\n\n","sortOrder":244},{"sectionNumber":"173","sectionType":"section","heading":"Transitional provisions—Gambling Legislation Amendment Act 2015","content":"\t173 Transitional provisions—Gambling Legislation Amendment Act 2015\n\nAn approval that is in force immediately before the commencement of section 5 of the **Gambling Legislation Amendment Act** **2015** under section 9A.1.18(3) of the **Gambling Regulation Act 2003** as in force immediately before that commencement is taken, on and after that day, to be an approval under section 58B(1).\n\nS. 174 inserted by No. 54/2021 s. 28.\n\n","sortOrder":245},{"sectionNumber":"174","sectionType":"section","heading":"Transitional provision—Casino and Gambling Legislation Amendment Act 2021","content":"\t174 Transitional provision—Casino and Gambling Legislation Amendment Act 2021\n\nThe amendment to the definition of ***disciplinary action*** in section 20(1) by section 8(2) of the **Casino and Gambling Legislation Amendment Act 2021** applies in relation to disciplinary action taken on or after the commencement of that amendment, whether the grounds for taking that disciplinary action arose before, on or after that commencement.\n\nS. 175 inserted by No. 42/2022 s. 14.\n\n","sortOrder":246},{"sectionNumber":"175","sectionType":"section","heading":"Transitional provisions—Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022","content":"\t175 Transitional provisions—Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022\n\n(1) Section 28(2)(b) applies on and after the relevant day but before the commencement day if at any time during that period a casino operator becomes aware of the likelihood that a person who is not an associate of the casino operator at that time will become an associate of the casino operator on the commencement day by operation of section 16 of the amending Act.\n\n(2) Sections 112B and 112C, as inserted by section 13 of the amending Act, apply in respect of the 2022–23 financial year and each subsequent financial year and, in determining the supervision charge for 2022–23, the Minister must have regard to the Commission's costs and expenses, and amounts recovered or recoverable under section 20A, in that financial year, whether incurred, recovered or recoverable before, on or after the relevant day.\n\n(3) In this section—\n\n***amending Act*** means the **Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022**;\n\n***commencement day*** means the day on which section 16 of the amending Act comes into operation;\n\n***relevant day*** means the day after the day on which the amending Act receives the Royal Assent.\n\nSchedules\n\nSch. 1 inserted by No. 34/1993 s. 5.\n\n","sortOrder":247},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Melbourne Casino area[[2]](#endnote-3)","content":"Schedule 1—Melbourne Casino area[[2]](#endnote-3)\n\nPart 9A Division 1\n\n![]()\n\nSch. 2 inserted by No. 34/1993 s. 5.\n\n","sortOrder":248},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Melbourne Casino site[[3]](#endnote-4)","content":"Schedule 2—Melbourne Casino site[[3]](#endnote-4)\n\nPart 9A Division 1\n\n![]()\n\nSch. 3 inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 135).\n\nSchedule 3—Transitionals—Gambling Regulation Act 2003\n\n\t1 Definition\n\nIn this Schedule, ***commencement day*** means the day on which section 12.1.2 of the **Gambling Regulation Act 2003** comes into operation.\n\n\t2 Licensing of casinos\n\n(1) A notice given by the Authority under section 11(1) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 11(1).\n\n(2) Written particulars verified by statutory declaration given by an applicant to the Authority under section 12(1) prior to the commencement day are taken, on and after that day, to be written particulars given to the Commission under section 12(1).\n\n(3) Information required by the Authority under section 12(1A) prior to the commencement day is taken, on and after that day, to be information required by the Commission under section 12(1A).\n\n(4) A determination made or notification given by the Authority under section 13(1) immediately before the commencement day is taken, on and after that day, to be a determination made or notification given by the Commission under section 13(1).\n\n(5) A request made to or an amendment proposed by the Authority under section 16(2) before the commencement day is taken, on and after that day, to be a request made to or an amendment proposed by the Commission under section 16(2).\n\n(6) A notice given by the Authority under section 17(4) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 17(4).\n\n(7) A notice given by the Authority under section 20(2) or (4) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 20(2) or (4).\n\n\t3 Supervision and control of casino operators\n\n(1) A direction given by the Authority under section 23(1) immediately before the commencement day is taken, on and after that day, to be a direction given by the Commission under section 23(1).\n\n(2) A notice given by the Authority under section 26(1) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 26(1).\n\n(3) A notice given by the Authority under section 28A(3) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 28A(3).\n\n(4) A notice given by the Authority under section 28A(4A)(a) or (b) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 28A(4A)(a) or (b).\n\n(5) A notice given by the Authority under section 28A(4B) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 28A(4B).\n\n(6) A notice given by the Authority under section 28A(5) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 28A(5).\n\n\t4 Controlled contracts\n\n(1) A notice given by the Authority under section 29(1)(c) or (d) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 29(1)(c) or (d) (as the case requires).\n\n(2) A notice given by the Authority under section 29(1A) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 29(1A).\n\n(3) A notice given by the Authority under section 29(1B) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 29(1B).\n\n(4) A notice given by an operator to the Authority under section 30(1)(a) or (b) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by that operator to the Commission under section 30(1)(a) or (b) (as the case requires).\n\n(5) Notification given by the Authority under section 30(2) or (3) that was in force immediately before the commencement day is taken, on and after that day, to be notification given by the Commission under section 30(2) or (3).\n\n(6) A notice given by an operator to the Authority under section 31 that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by that operator to the Commission under section 31.\n\n(7) A notice served by the Authority under section 32(1) that was in force immediately before the commencement day is taken, on and after that day, to be a notice served by the Commission under section 32(1).\n\n","sortOrder":249},{"sectionNumber":"5","sectionType":"section","heading":"Licensing of casino employees","content":"\t5 Licensing of casino employees\n\n(1) An application made to the Director under section 39 immediately before the commencement day is taken to be an application made to the Commission under section 39.\n\n(2) A notice given by the Director or the Authority under section 40(2) that was in force immediately before the commencement day is taken to be a notice given by the Commission under section 40(2).\n\n(3) A notice or direction given by the Director or the Authority under section 42 that was in force immediately before the commencement day is taken to be a notice given by the Commission under section 42.\n\n(4) In deciding an application under section 44, the Commission may take into account any investigation into that application by the Director before the commencement day.\n\n(5) An application made to the Director under section 45A immediately before the commencement day is taken to be an application made to the Commission under section 45A.\n\n(6) A provisional licence under section 47 (as in force immediately before the commencement day) that was in force immediately before the commencement day is taken, on and after that day, to be a provisional licence under section 47 as amended by the **Gambling Regulation Act** **2003** subject to any conditions to which the licence was subject immediately before that commencement.\n\n(7) An exemption given by the Director under section 46(2) that was in force immediately before the commencement day is taken on and after that day to be an exemption given by the Commission under section 46(2).\n\n(8) An application for a new licence made to the Director under section 49 that was made before the commencement date is taken, on and after that day, to be an application for a new licence made to the Commission under section 49.\n\n(9) An application for variation of a licence made to the Director under section 50 that was made before the commencement date is taken, on and after that day, to be an application for variation made to the Commission under section 50.\n\n(10) In determining whether to take any disciplinary action under section 52, the Commission may have regard to any inquiry undertaken by the Director, or any recommendation made by the Director, under that section before the commencement day.\n\n(11) Suspension of a licence of a licensee by the Director by notice under section 53 that was made before the commencement date is taken, on and after that day, to be an application for suspension of a licence by the Commission under section 53.\n\n(12) A notification, approval of a form or specification of dates by the Authority or the Director under section 56 that was in force immediately before the commencement day is taken, on and after that day, to be a notification, approval or specification by the Commission under section 56.\n\n(13) A specification of the Director under section 57 that was in force immediately before the commencement day is taken, on and after that day, to be a specification by the Commission under section 57.\n\n(14) An approval of the Director under section 58 that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 58.\n\nSch. 3 cl. 5(15) repealed by No. 79/2006 s. 5.\n\n\t6 Casino Operations\n\n(1) An approval of the Director under section 59 that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 59.\n\n(2) An approval of the Authority under section 60 that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 60.\n\n(3) A direction given by the Authority under section 61(1) immediately before the commencement day is taken, on and after that day, to be a direction given by the Commission under section 61(1).\n\n(4) An approval of the Director under section 62 that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 62.\n\n(5) A notice of the Authority published in the Government Gazette under section 62AB(4) before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 62AB(4).\n\n(6) A notice of the Authority published in the Government Gazette under section 62AC(2) before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 62AC(2).\n\n(7) An approval of the Authority under section 62B that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 62B.\n\n(8) A direction of the Director under section 63(1) that was in force immediately before the commencement day is taken, on and after that day, to be a direction given by the Commission under section 63(1).\n\n(9) An approval of the Director or Authority under section 64 that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 64.\n\n(10) A direction of the Authority under section 65 that was in force immediately before the commencement day is taken, on and after that day, to be a direction of the Commission under section 65.\n\n(11) A direction of the Director under section 66(1)(b) that was in force immediately before the commencement day is taken, on and after that day, to be a direction of the Commission under section 66(1)(b).\n\n(12) An approval of the Authority under section 68(2)(e) that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 68(2)(e).\n\n(13) A notice given by the Authority under section 68(7) that was in force immediately before the commencement day is taken to be a notice given by the Commission under section 68(7).\n\n(14) An authorisation given by the Authority or Director under section 71(2) that was in force immediately before the commencement day is taken, on and after that day, to be an authorisation given by the Commission under section 71(2).\n\n(15) An order given by the Director under section 72 that was in force immediately before the commencement day is taken, on and after that day, to be an order given by the Commission under section 72.\n\n(16) An appeal to the Authority under section 73(1) that was made before the commencement day, but not yet decided under section 73(5), is taken to be an appeal to the Commission under section 73(1).\n\n(17) An authorisation given by the Authority under section 79A(2) that was in force immediately before the commencement day is taken, on and after that day, to be an authorisation given by the Commission under section 79A(2).\n\n(18) A notice of the Authority published in the Government Gazette under section 81AAB(2) before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 81AAB(2).\n\n\t7 Minors\n\n(1) A notice of acceptable evidence given by the Authority under section 82 that was in force immediately before the commencement day is taken, on and after that day, to be a notice of acceptable evidence given by the Commission under section 82.\n\n(2) A direction of the Authority under section 89(1) that was in force immediately before the commencement day is taken, on and after that day, to be a direction of the Commission under section 89(1).\n\n\t8 Casino internal controls\n\n(1) An approval of the Authority under section 121 that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 121.\n\n(2) An approval or requirement of the Authority under section 123(1) that was in force immediately before the commencement day is taken, on and after that day, to be an approval or requirement (as the case requires) of the Commission under section 123(1).\n\n(3) A determination of a financial year by the Authority under section 125 or 127 that was in force immediately before the commencement day is taken, on and after that day, to be a determination of a financial year by the Commission under section 125 or 127 (as the case requires).\n\n(4) An exemption granted by the Authority under section 126(2) that was in force immediately before the commencement day is taken, on and after that day, to be an exemption granted by the Commission under section 126(2).\n\n(5) An approval of a person by the Authority under section 127 that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the person by the Commission under section 127.\n\n(6) A notice given by the Authority under section 128(2) that was in force immediately before the commencement day is taken, on and after that day, to be a notice given by the Commission under section 128(2).\n\n\t9 General\n\n(1) Consent of the Authority under section 150A before the commencement day is taken, on and after that day, to be consent of the Commission under section 150A.\n\n(2) A direction of the Authority under section 166(1) that was in force immediately before the commencement day is taken, on and after that day, to be a direction of the Commission under section 166(1).\n\nSch. 4 inserted by No. 72/2007 s. 61.\n\nSchedule 4—Transitional provisions—Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007\n\n\t1 Definitions\n\nIn this Schedule—\n\n***Amending Act***  means the **Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007**;\n\n***commencement day*** means the day on which section 57 of the Amending Act comes into operation.\n\n\t2 Responsible Gambling Code of Conduct\n\n(1) Subject to subclause (2), the licence condition set out in section 69 applies to a casino licence whether the licence was granted before, on or after the commencement day.\n\n(2) If a casino licence was granted before the commencement day, the condition set out in section 69, as inserted by section 57 of the Amending Act, does not apply to the licence until the day that is 6 months after the commencement day.\n\nSch. 5 inserted by No. 58/2011 s. 98.\n\nSchedule 5—Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011\n\n\t1 Definitions\n\nIn this Schedule—\n\n***commencement day*** means the day on which section 98 of the **Victorian Commission for Gambling and Liquor Regulation Act 2011** comes into operation;\n\n***Executive Commissioner*** means the Executive Commissioner of the former Commission appointed under section 10.1.9 of the **Gambling Regulation Act 2003** as in force immediately before the commencement day;\n\n***former Commission*** means the Victorian Commission for Gambling Regulation established by section 10.1.1 of the **Gambling Regulation Act 2003**, as in force immediately before the commencement day;\n\n***new Commission*** means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the **Victorian Commission for Gambling and Liquor Regulation Act 2011**.\n\n\t2 Things commenced by the former Commission or Executive Commissioner before abolition of former Commission\n\n(1) This clause applies if immediately before the commencement day—\n\n(a) the former Commission or the Executive Commissioner has commenced to do something required or permitted to be done under the Act; and\n\n(b) the former Commission or Executive Commissioner has not completed doing that thing before that day.\n\n(2) On and after the commencement day, the new Commission may continue to do and complete that thing in accordance with the Act, as if the Act had not been amended by the **Victorian Commission for Gambling and Liquor Regulation Act 2011**.\n\n(3) For the purposes of this clause, anything done by the former Commission or Executive Commissioner before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 24 April 1991*\n\n*Legislative Council: 4 June 1991*\n\nThe long title for the Bill for this Act was \"A Bill to provide for the establishment of a system for the licensing, supervision and control of casinos and for other purposes.\".\n\nThe **Casino Control Act 1991** was assented to on 25 June 1991 and came into operation as follows:\n\nSections 7, 14, 15, 142, 151, 153, 167 on 25 June 1991: section 2(1); rest of Act (*except* section 94) on 9 October 1991: Government Gazette 9 October 1991 page 2762; section 94 on 27 May 1993: Government Gazette 27 May 1993 page 1330.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Casino Control Act 1991** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Gaming Machine Control (Amendment) Act 1993, No. 29/1993**\n\n| Assent Date: | 25.5.93 |\n| Commencement Date: | All of Act (*except* ss 6–9) on 25.5.93: s. 2(1); ss 6–9 at the beginning of the 28th day after the day on which this Act receives the Royal Assent—22.6.93: s. 2(2) |\n\n**Casino Control (Amendment) Act 1993, No. 34/1993**\n\n| Assent Date: | 25.5.93 |\n| Commencement Date: | Pt 1 (ss 1–3) on 25.5.93: s. 2(1); ss 9, 17(1) on 25.6.91: s. 2(2); rest of Act on 25.5.93: Special Gazette (No. 30) 25.5.93 p. 1 |\n\n**Casino Control (Further Amendment) Act 1993, No. 93/1993**\n\n| Assent Date: | 16.11.93 |\n| Commencement Date: | Ss 1, 2, 6 on 16.11.93: s. 2(1); rest of Act on 16.11.93: Special Gazette (No. 82) 16.11.93 p. 1 |\n\n**Casino (Management Agreement) Act 1993, No. 94/1993**\n\n| Assent Date: | 16.11.93 |\n| Commencement Date: | 16.11.93 |\n\n**Building Act 1993, No. 126/1993**\n\n| Assent Date: | 14.12.93 |\n| Commencement Date: | S. 264(Sch. 5 items 5.1–5.3) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1 |\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| Commencement Date: | S. 4(Sch. 2 item 12) on 1.1.95: Government Gazette 28.7.94 p. 2055 |\n\n**Casino Control (Miscellaneous Amendments) Act 1994, No. 36/1994**\n\n| Assent Date: | 31.5.94 |\n| Commencement Date: | Pt 1 (ss 1–3) on 31.5.94: s. 2(1); rest of Act (*except* ss 17–20) on 2.6.94: Government Gazette 2.6.94 p. 1339; ss 17–20 on 1.7.94: Government Gazette 16.6.94 p. 1576 |\n\n**Gaming and Betting Act 1994, No. 37/1994**\n\n| Assent Date: | 2.6.94 |\n| Commencement Date: | S. 229(a)–(g)(k)–(p) on 3.6.94: Special Gazette (No. 31) 2.6.94 p. 1; s. 229(h)–(j) on 3.6.95: s. 2(3) |\n\n**Gaming and Betting (Amendment) Act 1994, No. 98/1994**\n\n| Assent Date: | 13.12.94 |\n| Commencement Date: | S. 26 on 1.2.95: Special Gazette (No. 10) 1.2.95 p. 1 |\n\n**Constitution (Court of Appeal) Act 1994, No. 109/1994**\n\n| Assent Date: | 20.12.94 |\n| Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 7 on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n\n**Gaming Acts (Amendment) Act 1995, No. 44/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | Ss 3–6, 7(2) on 14.6.95: s. 2(1); s. 7(1) on 3.6.95: s. 2(2) |\n\n**Heritage Act 1995, No. 93/1995**\n\n| Assent Date: | 5.12.95 |\n| Commencement Date: | S. 218(1)(Sch. 2 items 2.1, 2.2) on 23.5.96: Government Gazette 23.5.96 p. 1248 |\n\n**Gaming Acts (Amendment) Act 1996, No. 17/1996**\n\n| Assent Date: | 2.7.96 |\n| Commencement Date: | Ss 24–33 on 2.7.96: s. 2(1) |\n\n**Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996**\n\n| Assent Date: | 17.12.96 |\n| Commencement Date: | Ss 9, 10 on 17.12.96: s. 2(1) |\n\n**Gaming No. 2 Act 1997, No. 16/1997**\n\n| Assent Date: | 6.5.97 |\n| Commencement Date: | S. 115 on 31.3.98: s. 2(4) |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 7) on 1.1.99: s. 2(3) |\n\n**Gaming Acts (Further Amendment Act 1998, No. 90/1998**\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | Ss 3, 4 on 24.11.98: s. 2(1) |\n\n**Interactive Gaming (Player Protection) Act 1999, No. 41/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | S. 75 on 9.11.00: Government Gazette 9.11.00 p. 2667 |\n\n**Gambling Legislation (Responsible Gambling) Act 2000, No. 16/2000**\n\n| Assent Date: | 9.5.00 |\n| Commencement Date: | Ss 3–5 on 10.5.00: s. 2(1) |\n\n**National Taxation Reform (Further Consequential Provisions) Act 2000, No. 24/2000**\n\n| Assent Date: | 16.5.00 |\n| Commencement Date: | S. 5 on 17.5.00: s. 2(1) |\n\n**Gambling Legislation (Miscellaneous Amendments) Act 2000, No. 88/2000**\n\n| Assent Date: | 5.12.00 |\n| Commencement Date: | Ss 39, 40, 43, 46–48, 51, 52, 54 on 1.2.01: Government Gazette 1.2.01 p. 129; ss 44, 45 on 1.3.01: Government Gazette 1.3.01 p. 303; ss 37, 41, 42, 53 on 26.4.01: Government Gazette 26.4.01 p. 744; ss 36, 38, 49, 50 on 28.8.01: Government Gazette 23.8.01 p. 1928 |\n\n**Gaming Acts (Gaming Machine Levy) Act 2000, No. 89/2000**\n\n| Assent Date: | 5.12.00 |\n| Commencement Date: | 6.12.00: s. 2 |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 10) on 1.6.01: s. 2(2) |\n\n**State Taxation Acts (Taxation Reform Implementation) Act 2001, No. 48/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3 on 1.7.01: s. 2(3) |\n\n**Gaming Legislation (Amendment) Act 2002, No. 38/2002**\n\n| Assent Date: | 18.6.02 |\n| Commencement Date: | Ss 3(1)(2), 4, 5, 7(1)(3), 10–14, 16–19 on 19.6.02: s. 2(1); s. 9 on 1.7.02: s. 2(6); ss 3(3), 8, 15 on 1.1.03: s. 2(3); ss 6, 7(2) on 15.5.03: Government Gazette 15.5.03 p. 1121 |\n\n**Australian Crime Commission (State Provisions) Act 2003, No. 52/2003**\n\n| Assent Date: | 16.6.03 |\n| Commencement Date: | S. 52(Sch. 1 item 1) on 17.6.03: s. 2(1) |\n\n**Gambling Regulation Act 2003, No. 114/2003**\n\n| Assent Date: | 16.12.03 |\n| Commencement Date: | S. 12.1.2(Sch. 5 items 1–135) on 1.7.04: Government Gazette 1.7.04 p. 1843 |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 150 on 1.7.04: s. 2(2) |\n\n**Private Security Act 2004, No. 33/2004**\n\n| Assent Date: | 1.6.04 |\n| Commencement Date: | S. 208 on 1.7.05: s. 2(3) |\n\n**Gambling Regulation (Further Amendment) Act 2004, No. 104/2004**\n\n| Assent Date: | 21.12..04 |\n| Commencement Date: | S. 45 on 1.3.01: s. 2(3); s. 46 on 22.12.04: s. 2(1); ss 43, 44, 47 on 25.6.05: Government Gazette 23.6.05 p. 1298 |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 25) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Casino Control (Amendment) Act 2005, No. 47/2005**\n\n| Assent Date: | 24.8.05 |\n| Commencement Date: | Ss 3–7 on 25.8.05: s. 2 |\n\n**Racing and Gaming Acts (Police Powers) Act 2005, No. 55/2005**\n\n| Assent Date: | 13.9.05 |\n| Commencement Date: | Ss 6–15 on 14.9.05: s. 2 |\n\n**Racing and Gambling Acts (Amendment) Act 2005, No. 92/2005**\n\n| Assent Date: | 29.11.05 |\n| Commencement Date: | S. 11 on 30.11.05: s. 2(1) |\n\n**Gambling Regulation (Miscellaneous Amendments) Act 2006, No. 7/2006**\n\n| Assent Date: | 4.4.06 |\n| Commencement Date: | Ss 17, 18 on 5.4.06: s. 2 |\n\n**Education and Training Reform Act 2006, No. 24/2006**\n\n| Assent Date: | 16.5.06 |\n| Commencement Date: | S. 6.1.2(Sch. 7 item 3) on 1.7.07: Government Gazette 28.6.07 p. 1304 |\n\n**Justice Legislation (Further Amendment) Act 2006, No. 79/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | Ss 4, 5 on 11.10.06: s. 2(1) |\n\n**State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007, No. 22/2007**\n\n| Assent Date: | 12.6.07 |\n| Commencement Date: | S. 14 on 1.7.07: s. 2(3) |\n\n**Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007, No. 72/2007**\n\n| Assent Date: | 18.12.07 |\n| Commencement Date: | S. 56 on 31.1.08: Government Gazette 31.1.08 p. 196; ss 52–55, 57, 59–61 on 1.12.08: s. 2(3); s. 58 on 1.1.10: s. 2(2) |\n\n**Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008, No. 71/2008**\n\n| Assent Date: | 25.11.08 |\n| Commencement Date: | S. 33 on 1.6.09: Government Gazette 26.2.09 p. 444 |\n| Current State: | This information relates only to the provisions amending the **Casino Control Act 1991** |\n\n**Major Crime Legislation Amendment Act 2009, No. 3/2009**\n\n| Assent Date: | 10.2.09 |\n| Commencement Date: | S. 14 on 11.2.09: s. 2(1) |\n\n**Gambling Regulation Amendment (Licensing) Act 2009, No. 29/2009** (as amended by No. 32/2012)\n\n| Assent Date: | 23.6.09 |\n| Commencement Date: | S. 81 on 1.7.12: s. 2(6) |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 16) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Casino Legislation Amendment Act 2009, No. 84/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | Ss 3, 4 on 1.7.12: s. 2(2) |\n\n**Gambling Regulation Amendment (Licensing) Act 2010, No. 56/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | S. 72 on 15.9.10: Special Gazette (No. 372) 14.9.10 p. 1 |\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 22 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 7) on 22.6.11: s. 2(1) |\n\n**Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011**\n\n| Assent Date: | 2.11.11 |\n| Commencement Date: | Ss 93–98, 104(Sch. item 1) on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4 |\n\n**Gambling Legislation Amendment (Transition) Act 2012, No. 32/2012**\n\n| Assent Date: | 13.6.12 |\n| Commencement Date: | S. 31 on 1.7.12: s. 2(2) |\n\n**Professional Boxing and Combat Sports Amendment Act 2013, No. 65/2013**\n\n| Assent Date: | 6.11.13 |\n| Commencement Date: | S. 24 on 7.11.13: s. 2 |\n\n**Gambling Regulation Amendment (Pre-commitment) Act 2014, No. 4/2014**\n\n| Assent Date: | 11.2.14 |\n| Commencement Date: | S. 48 on 30.3.14: Special Gazette (No. 94) 25.3.14 p. 1 |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| Assent Date: | 25.3.14 |\n| Commencement Date: | S. 160(Sch. 2 item 12) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 12) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014**\n\n| *Assent Date:* | 9.9.14 |\n| *Commencement Date:* | S. 10 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 |\n\n**Casino and Gambling Legislation Amendment Act 2014, No. 73/2014**\n\n| *Assent Date:* | 21.10.14 |\n| *Commencement Date:* | Ss 3, 4 on 22.10.14: s. 2 |\n\n**Gambling Legislation Amendment Act, No. 58/2015**\n\n| Assent Date: | 18.11.15 |\n| Commencement Date: | S. 3 on 19.11.15: s. 2(1); ss 4–6 on 1.9.16: s. 2(3) |\n\n**Heritage Act 2017, No. 7/2017**\n\n| Assent Date: | 15.3.17 |\n| Commencement Date: | S. 297 on 1.11.17: s. 2(2) |\n\n**Building Amendment (Enforcement and Other Measures) Act 2017, No. 21/2017**\n\n| Assent Date: | 23.5.17 |\n| Commencement Date: | S. 110 on 24.5.17: s. 2(1) |\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| Assent Date: | 24.10.17 |\n| Commencement Date: | S. 70 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n\n**Gambling Regulation Amendment (Gaming Machine Arrangements) Act 2017, No. 62/2017**\n\n| Assent Date: | 12.12.17 |\n| Commencement Date: | S. 58 on 19.9.18: s. 2(3) |\n\n**Casino and Gambling Legislation Amendment Act 2021, No. 54/2021**\n\n| Assent Date: | 14.12.21 |\n| Commencement Date: | Ss 3–28, 39 on 1.1.22: Special Gazette (No. 733) 21.12.21 p. 1 |\n\n**Casino and Liquor Legislation Amendment Act 2022, No. 26/2022**\n\n| Assent Date: | 28.6.22 |\n| Commencement Date: | Ss 3–7, 9, 10 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1; s. 8 on 1.10.22: Special Gazette (No. 336) 30.6.22 p. 1 |\n\n**Gambling and Liquor Legislation Amendment Act 2022, No. 28/2022**\n\n| Assent Date: | 28.6.22 |\n| Commencement Date: | Ss 3–9 on 29.6.22: s. 2(1); ss 10–14 on 1.9.22: Special Gazette (No. 422) 23.8.22 p. 1 |\n\n**Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022, No. 42/2022**\n\n| Assent Date: | 27.9.22 |\n| Commencement Date: | Ss 3–14 on 28.9.22: s. 2(1); ss 34, 36–38, 41, 47 on 31.5.23: Special Gazette (No. 273) 30.5.23 p. 1; ss 15–33, 35, 39, 40, 42–46 on 1.8.23: s. 2(3) |\n\n**Gambling Regulation Amendment Act 2023, No. 13/2023**\n\n| Assent Date: | 6.6.23 |\n| Commencement Date: | S. 90 on 7.6.23: s. 2 |\n\n**Gambling Taxation Act 2023, No. 14/2023**\n\n| Assent Date: | 6.6.23 |\n| Commencement Date: | Ss 59–63 on 1.7.23: s. 2 |\n\n**Gambling Legislation Amendment Act 2023, No. 30/2023**\n\n| Assent Date: | 8.11.23 |\n| Commencement Date: | Ss 3−13 on 9.11.23: s. 2(1) |\n\n**Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024**\n\n| Assent Date: | 5.3.24 |\n| Commencement Date: | S. 8 on 6.3.24: s. 2(1) |\n\n**Gambling Legislation Amendment (Pre‐commitment and Carded Play) Act 2025, No. 18/2025**\n\n| Assent Date: | 3.6.25 |\n| Commencement Date: | S. 17 on 4.6.25: s. 2 |\n\n**Gambling Legislation Amendment Act 2025, No. 23/2025**\n\n| Assent Date: | 24.6.25 |\n| Commencement Date: | Ss 69, 70, 73, 74(Sch. 1 item 1) on 25.6.25: s. 2(1); ss 71, 72 on 1.3.26: s. 2(3) |\n\n**Casino and Gambling Legislation Amendment Act 2025, No. 40/2025**\n\n| Assent Date: | 21.10.25 |\n| Commencement Date: | Ss 3–18 on 22.10.25: s. 2 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 128A(1):\n\n  ***Melbourne Casino area***\n\n  The dimensions of the Melbourne Casino area are set out in Plan No. LEGAL/93–2222 signed by the Surveyor-General on 4 October 1993. The dimensions of the site were varied by Orders of the Governor in Council as notified in the following Gazettes:\n\n  Government Gazette 10 February 1994 pp 398, 399\n\n  Government Gazette 27 October 1994 p. 2093\n\n  Government Gazette 4 May 1994 p. 1076\n\n  Government Gazette 9 November 1995 p. 3155\n\n  Government Gazette 1 February 1996 p. 271\n\n  Government Gazette 18 July 1996 p. 1874\n\n  ***Melbourne Casino site***\n\n  The dimensions of the Melbourne Casino site are set out in Certified Plan CP112471A signed by the Surveyor-General on 12 November 1993.\n\n  ***Temporary Casino site***\n\n  The temporary casino site was designated on Plan LEGL./93–223 signed by the Surveyor-General and approved by Order of the Governor in Council notice of which Order was gazetted on 16 November 1993. The site area was further varied by Order of the Governor in Council notice of which Order was gazetted on 10 February 1994, Government Gazette 10 February 1994 pages 398, 399. [↑](#endnote-ref-2)\n\n2. Sch. 1: See note 1. [↑](#endnote-ref-3)\n\n3. Sch. 2: See note 1. [↑](#endnote-ref-4)","sortOrder":250}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":13,"completionTokens":4042},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally enacted to license casinos and ensure honest, crime-free gaming, the Act has expanded into a broad regulatory framework that now includes direct statutory management of casinos, corporate governance mandates for operators, extensive harm-minimisation tools such as carded play and cashless gaming, post-Royal Commission special-manager oversight specific to the Melbourne Casino, and extraterritorial policing of associates and holding companies."},"complexity_factors":["Over 175 sections plus schedules, incorporating 111 versions across more than three decades of amendments","Dozens of defined terms in section 3 alone, including technical concepts such as 'relevant interest', 'corporate associate', and 'non-cash gaming token'","Extensive cross-referencing to other major statutes, including the Gambling Regulation Act 2003, Corporations Act, and Casino (Management Agreement) Act 1993","Multiple overlapping regulatory regimes: standard licensing, special manager oversight, statutory management, corporate governance, and employee licensing","Phased implementation with conditional commencement dates (e.g., carded play, cashless gaming, and pre-commitment systems tied to future gazetted dates in 2025 and 2027)","Extraterritorial application to associates and holding companies outside Victoria and Australia","Complex ownership and control restrictions with 5% thresholds and approval processes","Unique, non-standard provisions for the Melbourne Casino including planning overrides, automatic licence cancellation mechanics, and Royal Commission implementation measures"],"plain_english_summary":"**What this law does**\n\nThe *Casino Control Act 1991* is Victoria’s main law for overseeing casinos. It creates a strict licensing and regulatory system to ensure casino gaming is conducted honestly, remains free from criminal influence, and meets responsible gambling standards.\n\n**Who it affects**\n\n- **Casino operators** — particularly the Melbourne Casino Operator, which is subject to extra oversight.\n- **Casino employees** — people working in gaming, security, money handling, or management must hold a licence.\n- **Associates and owners** — anyone with a significant financial interest (5% or more) or influence over a casino operator is closely monitored, including overseas holding companies.\n- **Patrons** — anyone gambling in a casino, especially those using gaming machines or loyalty schemes.\n- **Regulators** — the Victorian Gambling and Casino Control Commission and police have broad powers to inspect, investigate, and enforce rules.\n\n**Key areas covered**\n\n- **Licensing**: Casinos cannot operate without a licence. The Act sets out how to apply, the conditions attached, and how licences may be cancelled, suspended, or fined (up to $100 million plus daily penalties for non-compliance).\n- **Extraordinary oversight**: The Act allows the appointment of a **special manager** to oversee or direct a casino operator (used for the Melbourne Casino after a Royal Commission), and a **statutory manager** to take over if a licence is suspended or cancelled.\n- **Corporate control**: It restricts who can acquire shares or interests in a casino operator (generally requiring regulator approval for stakes of 5% or more) and mandates independent boards and senior management.\n- **Operations**: It governs which games may be played, how gaming machines operate (including spin-rate limits and pre-commitment systems), and how approved betting competitions are run.\n- **Harm minimisation**: It introduces **carded play** (requiring identity-linked player cards), limits on cash transactions, mandatory player activity statements, and bars on allowing intoxicated or excluded persons to gamble.\n- **Exclusion orders**: The Commission, casino operators, or the Chief Commissioner of Police can ban individuals from entering casinos.\n- **Melbourne Casino**: It includes special planning, land acquisition, and development rules specific to the Melbourne Casino site, along with a unique automatic licence cancellation mechanism tied to special manager reports.\n\n**Why it matters**\n\nThe Act is designed to keep casino operations transparent and accountable. It has been expanded over time to give regulators direct intervention powers — including effectively taking control of a casino — and to impose strong consumer protections such as identity verification and cashless gaming requirements to reduce problem gambling and money laundering."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act began as a relatively straightforward licensing and supervision framework in 1991. Since then, it has been amended to include extensive corporate ownership restrictions (Part 3A), mandatory carded play and pre-commitment requirements, cashless gaming provisions, a special manager regime for the Melbourne Casino, and implementation of Royal Commission recommendations. These additions have significantly expanded the Act's scope beyond its original focus on licensing and basic operational control."},"complexity_factors":["Over 50 defined terms in section 3 alone","Extensive cross-references to the Gambling Regulation Act 2003 and other Acts","Multiple parts and divisions with nested conditional logic","Numerous exceptions and exemptions throughout (e.g., controlled contract exceptions)","Lengthy transitional provisions and multiple schedules","Complex fee and taxation provisions with interest penalties","Conditional commencement dates for various amendments","Special manager and statutory management provisions with their own definitions and powers"],"plain_english_summary":"The *Casino Control Act 1991* is the main law governing casinos in Victoria. It sets out who can run a casino, how they must operate, and how the government monitors them.\n\n**What it does:**\n\n- **Licensing:** Anyone wanting to run a casino must get a licence from the Victorian Gambling and Casino Control Commission. The Commission checks whether the applicant (and anyone associated with them) is honest, financially sound, and suitable.\n- **Ongoing supervision:** Once a casino is licensed, the Commission keeps watching. It can investigate at any time, and must do a full review every few years. If something goes wrong, the Commission can fine, suspend, or cancel the licence.\n- **Employee licensing:** Many casino workers (like dealers, security, and managers) need their own individual licences.\n- **Rules for gaming:** The Act controls what games can be played, how gaming machines work (e.g., minimum spin speeds, bans on large note acceptors), and how winnings are paid.\n- **Responsible gambling:** Casinos must have a code of conduct, offer pre-commitment for gaming machines (setting time or loss limits), use player cards for tracking, and exclude problem gamblers.\n- **Exclusion orders:** People can be banned from a casino – either voluntarily, by the casino operator, or by the police Chief Commissioner.\n- **Cashless gaming:** From 2027, casinos must limit cash use. Most gaming will require a non-cash token or account.\n- **Corporate governance:** Casino operators must have independent boards and senior management. People who want to own a significant stake need Commission approval.\n- **Special provisions for Melbourne Casino:** After a Royal Commission, a special manager was appointed to oversee the operator, and the licence may be cancelled if certain conditions aren't met.\n\n**Who it affects:** Casino operators, their employees, shareholders, suppliers, and patrons.\n\n**Why it matters:** The Act aims to keep casinos free from criminal influence, ensure games are fair, and reduce harm from gambling. It also generates revenue for the state through licence fees and taxes."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was originally designed to regulate a single casino operator in Victoria (Crown Casino). Over time, through successive amendments, its scope has broadened to address money laundering risks, problem gambling harm minimisation, increased regulatory oversight powers, and closer scrutiny of casino operator suitability — particularly following high-profile royal commissions and inquiries that revealed significant compliance failures. What began as a licensing framework has evolved into a comprehensive accountability regime."},"complexity_factors":["Multiple overlapping regulatory frameworks covering licensing, conduct, and enforcement","Involves dual layers of regulation — both the operator (business) and individual employees require separate licensing","Significant delegated powers to regulators, meaning much of the detail sits outside the Act itself in regulations and directions","Long legislative history since 1991 with multiple amendments creating a consolidated version that can be difficult to navigate","Intersection with other laws including anti-money laundering, liquor licensing, and gaming machine legislation","Penalties and enforcement provisions involve complex escalation structures","Technical gaming terminology and industry-specific definitions require specialist knowledge to interpret","Balances competing public interests — government revenue, consumer protection, harm minimisation, and commercial viability"],"plain_english_summary":"## Casino Control Act 1991 (Victoria)\n\nThis law sets up the rules for how casinos are regulated in Victoria. It essentially creates a framework for **who can run a casino, how they must run it, and what happens if they break the rules**.\n\n**Who does this affect?**\n- Casino operators (businesses licensed to run a casino)\n- Casino employees (anyone working on the gaming floor)\n- Gamblers visiting the casino\n- Regulators overseeing the industry\n\n**What does it do?**\n- Establishes a licensing system — only approved operators can run a casino\n- Sets conduct rules for how gambling must be run (fair play, anti-cheating measures)\n- Gives government regulators the power to inspect, investigate and penalise casinos that break the rules\n- Protects consumers by ensuring minimum standards of fairness and safety\n- Controls who can work in a casino through employee licensing and background checks\n\n**Why does it matter to you?**\nIf you gamble at a Victorian casino, this law is what ensures the games are fair and the operator is accountable. If you work in a casino, this law governs your licensing and conduct obligations. If you own or invest in a casino business, this law determines what you must do to keep your licence — and what you risk losing if you don't comply."}},"importantCases":[],"_links":{"self":"/api/acts/casino-control-act-1991","history":"/api/acts/casino-control-act-1991/history","analysis":"/api/acts/casino-control-act-1991/analysis","conflicts":"/api/acts/casino-control-act-1991/conflicts","importantCases":"/api/acts/casino-control-act-1991/important-cases","documents":"/api/acts/casino-control-act-1991/documents"}}