Part 10Administration and enforcement

Chapter 10—Administration and enforcement Ch. 10 Pt 1 (Heading) substituted by No. 58/2011 s. 72. Part 1—The Commission's functions Ch. 10 Pt 1 Div. 1 (Heading) substituted by No. 58/2011 s. 73. Division 1—General functions Ss 10.1.1, 10.1.2 repealed by No. 58/2011 s. 74. S. 10.1.3 amended by No. 18/2007 s. 4(f), repealed by No. 58/2011 s. 74. 10.1.4 Functions of Commission S. 10.1.4(1) repealed by No. 58/2011 s. 75. S. 10.1.4(2) amended by No. 58/2011 s. 76(1). (2) The functions of the Commission under this Act include— (a) regulating the use of gaming machines in casinos and approved venues; S. 10.1.4(2)(ab) inserted by No. 29/2009 s. 38. (ab) to monitor compliance with Part 2A of Chapter 3; S. 10.1.4(2)(ac) inserted by No. 58/2009 s. 106. (ac) regulating the allocation, transfer and use of gaming machine entitlements; S. 10.1.4(2)(ad) inserted by No. 58/2009 s. 106. (ad) regulating the monitoring licensee and its activities; S. 10.1.4(2)(ae) inserted by No. 58/2009 s. 106. (ae) any functions conferred on the Commission under the gaming machine entitlement allocation and transfer rules; S. 10.1.4(2)(af) inserted by No. 58/2009 s. 106. (af) making determinations, declarations and decisions and giving approvals under this Act in respect of betting exchanges; S. 10.1.4(2)(ag) inserted by No. 58/2009 s. 106. (ag) approving simulated racing events; S. 10.1.4 (2)(ah) inserted by No. 4/2014 s. 40. (ah) regulating venue operators and casino operators in relation to pre-commitment; (b) regulating the activities of key operatives in the gaming machine industry, including those who manufacture, supply, repair or own, or provide venues for and operate, gaming machines; S. 10.1.4 (2)(ba) inserted by No. 9/2018 s. 19. (ba) on the request of the Minister, advising on the making of a fixed term ban order under section 2.5A.9; (c) ensuring that the conduct of gaming at approved venues is supervised; (d) detecting offences committed in or in relation to approved venues; (e) receiving and investigating complaints from gaming patrons concerning the conduct of gaming in approved venues; S. 10.1.4(2)(f) amended by Nos 45/2004 s. 35, 1/2021 s. 63, 28/2022 ss 109, 127(i). (f) regulating the activities of key operatives in the wagering and betting, keno, community and charitable gaming, bingo, onboard gaming and public lottery industries; S. 10.1.4(2) (faa) inserted by No. 73/2008 s. 26. (faa) registering and regulating bookmakers and bookmaker's key employees; S. 10.1.4(2) (fab) inserted by No. 58/2015 s. 10. (fab) providing training courses for the purpose of the training requirements referred to in section 9A.1.18; S. 10.1.4(2)(fa) inserted by No. 18/2007 s. 4(g). (fa) making determinations and performing other functions in relation to sports betting; S. 10.1.4(2)(fb) inserted by No. 72/2007 s. 47, repealed by No. 62/2017 s. 63(1). S. 10.1.4(2)(fc) inserted by No. 72/2007 s. 47, substituted by No. 62/2017 s. 63(2). (fc) monitoring self-exclusion programs to ensure that they comply with— (i) regulations made for or with respect to Part 4B in Schedule 1; and (ii) the direction under section 10.6.1(1); S. 10.1.4(2)(fd) inserted by No. 72/2007 s. 47, substituted by No. 62/2017 s. 52. (fd) ensuring that Responsible Gambling Codes of Conduct comply with— (ii) directions under section 10.6.6(1); S. 10.1.4(2)(fe) inserted by No. 72/2007 s. 47. (fe) monitoring the compliance of relevant persons (within the meaning of section 10.6.5) with their Responsible Gambling Codes of Conduct; (g) advising the Minister on community concerns about the economic and social impact of gambling on the well-being of the community. S. 10.1.4(3) amended by No. 18/2007 s. 4(h), repealed by No. 58/2011 s. 76(2). S. 10.1.5 repealed by No. 58/2011 s. 77. S. 10.1.5A inserted by No. 58/2009 s. 107. 10.1.5A Standards for approvals of technical equipment and systems S. 10.1.5A(1) substituted by No. 4/2014 s. 41(1). (1) The Commission, with the approval of the Minister, may make and amend standards in respect of— (a) any technical equipment and systems that the Commission is required to approve under this Act; and (b) player account equipment; and (c) player cards. (2) The Commission must— (a) publish each standard, and each amendment to a standard, on the Internet; and (b) publish a notice of the making or amendment of each standard in the Government Gazette. (3) A standard or amendment to a standard comes into force on the day specified in the notice of making published in the Government Gazette. S. 10.1.5A(5) def. of *technical equipment and systems* amended by No. 4/2014 s. 41(2). ***technical equipment and systems*** means a system, equipment, instrument, a contrivance, hardware, software or a device referred to in section 3.5.13, 3.8A.4, 4.2.3, 4.3A.34B, 5.2.1A or 6A.2.5. Standards for the approval of gaming machines types and games are made by the Commission under section 3.5.3. S. 10.1.5B (Heading) substituted by No. 4/2014 s. 42(1). S. 10.1.5B inserted by No. 64/2010 s. 46. 10.1.5B Standards relating to certain matters (1) The Commission may, with the approval of the Minister, make and amend standards in respect of any of the following— S. 10.1.5B (1)(a) substituted by No. 28/2022 s. 131. (a) linked jackpot arrangements and jackpot special prize pools, including— (i) the allocation of the balances of jackpot special prize pools; and (ii) the distribution of amounts across difference components of a jackpot special prize pool; and (iii) transfers of unpaid jackpot funds between venue operators; and (iv) the calculation of jackpot special prize pool balances for the purposes of section 3.5.47; (b) the conduct of gaming; (1)(c) amended by No. 4/2014 s. 42(2). (c) the conduct of monitoring; (1)(d) inserted by No. 4/2014 s. 42(3), amended by No. 23/2025 s. 17(2). (d) the provision of responsible gambling and regulatory compliance services; (1)(e) inserted by No. 4/2014 s. 42(3). (e) the provision of pre-commitment services. (2) Before making or amending a standard, the Commission must consult— (a) the monitoring licensee; and (b) each venue operator whose interests the Commission considers will be adversely affected by the making or amendment of the standard. (a) publish a standard, and an amendment to a standard, on the Internet; and (b) publish a notice of the making or amendment of a standard in the Government Gazette. (4) A standard or amendment to a standard comes into force on the day specified in the notice of making published in the Government Gazette. (5) A function of the Commission under this section may be performed by any Commissioner. Standards for the approval of gaming machines types and games are made by the Commission under section 3.5.3. S. 10.1.5C (Heading) amended by No. 4/2014 s. 43(1). S. 10.1.5C inserted by No. 64/2010 s. 46. 10.1.5C Operational requirements (1) The Commission may determine operational requirements in relation to any of the following— S. 10.1.5C (1)(a) substituted by No. 28/2022 s. 132. (a) linked jackpot arrangements and jackpot special prize pools, including— (i) the allocation of the balances of jackpot special prize pools; and (ii) the distribution of amounts across difference components of a jackpot special prize pool; and (iii) transfers of unpaid jackpot funds between venue operators; and (iv) the calculation of jackpot special prize pool balances for the purposes of section 3.5.47; (b) the conduct of gaming; (1)(c) amended by No. 4/2014 s. 43(2)(a). (c) the conduct of monitoring; (1)(d) inserted by No. 4/2014 s. 43(2)(b), amended by No. 23/2025 s. 17(2). (d) the provision of responsible gambling and regulatory compliance services; (1)(e) inserted by No. 4/2014 s. 43(2)(b). (e) the provision of pre-commitment services. (2) Without limiting subsection (1), the Commission may determine an operational requirement in respect of any of the following— (a) information and reporting about the conduct of gaming or monitoring; (b) testing of any of the following— (i) gaming equipment; (ii) monitoring equipment; (iii) gaming machines and equipment required to be approved by the Commission under section 3.5.4; (iv) an electronic monitoring system required to be approved by the Commission under section 3.5.13; (2)(b)(v) inserted by No. 4/2014 s. 43(3). (v) a pre-commitment system required to be approved by the Commission under section 3.8A.4; (c) responsible gambling measures the Commission may require a venue operator or the monitoring licensee to comply with. Ch. 10 Pt 1 Div. 2 (Heading and ss 10.1.6–10.1.15) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 86.1), 80/2006 s. 26(Sch. item 44), 40/2008 ss 19, 20, repealed by No. 58/2011 s. 78. Ch. 10 Pt 1 Div. 3 (Heading and ss 10.1.16–10.1.22) amended by Nos 104/2004 s. 33, 18/2005 s. 18(Sch. 1 item 46), 72/2007 s. 48, 40/2008 s. 21, 71/2008 s. 15, 58/2009 ss 108 (as amended by No. 56/2010 s. 71), 109, 69/2009 s. 54(Sch. Pt 2 item 23), repealed by No. 58/2011 s. 79. Ch. 10 Pt 1 Div. 4 (Heading and ss 10.1.23, 10.1.24) amended by No. 58/2009 s. 110, repealed by No. 58/2011 s. 80. Ch. 10 Pt 1 Div. 5 (Heading and ss 10.1.25–10.1.28) amended by Nos 104/2004 s. 34, 108/2004 s. 117(1) (Sch. 3 item 86.2), 54/2006 s. 16, 72/2007 s. 51(b), 71/2008 s. 36, 73/2008 s. 27, repealed by No. 58/2011 s. 81. Ch. 10 Pt 1 Div. 6 (Heading and ss 10.1.29–10.1.37) amended by Nos 104/2004 ss 39(5)(q), 40(d), 22/2005 s. 12, substituted as Ch. 10 Pt 1 Div. 6 (Heading and ss 10.1.29–10.1.34) by No. 54/2006 s. 17. Division 6—Confidentiality S. 10.1.29 substituted by No. 54/2006 s. 17. 10.1.29 Definitions (1) In this Division— ***court*** includes any tribunal, authority or person having power to require the production of documents or the answering of questions; ***enforcement agency*** means a person or body in Victoria or another jurisdiction (whether in or outside Australia)— (a) that is responsible for, or engages in, law enforcement generally; or (b) that is approved by the Minister under subsection (2); ***gambling regulator*** means a person or body in Victoria or another jurisdiction (whether in or outside Australia) that is responsible for the licensing, supervision or regulation of gambling activities; ***produce*** includes permit access to; S. 10.1.29(1) def. of *protected information* amended by No. 4/2014 s. 44. ***protected information*** means information, other than pre‑commitment information within the meaning of section 3.8A.24, that is— (a) information with respect to the affairs of any person; or (b) information with respect to the establishment or development of a casino; S. 10.1.29(1) def. of *regulated person* amended by No. 11/2007 s. 4(b)(c), substituted by No. 71/2008 s. 37(1), amended by Nos 62/2017 s. 103, 9/2018 s. 20, 54/2021 ss 32, 41(e), 26/2022 s. 13. ***regulated person*** means the Commission or a person who is or was— (a) a commissioner; (ab) the chief executive officer of the Commission; (b) an employee or member of staff referred to in section 29(1) of the **Victorian Gambling and Casino Control Commission Act 2011**; (c) a person nominated under section 29(3) of the **Victorian Gambling and Casino Control Commission Act 2011**; (ca) a special manager appointed under section 36B of the **Casino Control Act 1991**; (cb) a member of staff (within the meaning of the **Casino Control Act 1991**) of a special manager appointed under section 36B of that Act; (d) the Minister; (f) an employee in the Department administered by the Minister; (g) a person nominated under section 10.1A.1(1); (h) a person acting on behalf of the Commission, the Minister or the Secretary; (i) a member of the Review Panel established by section 10.2A.2. (2) The Minister may, by written notice given to the Commission, approve as an enforcement agency a person or body that is responsible for, or engages in, the administration of a licensing or other regulatory scheme that requires licensees or other persons regulated to be suitable, or fit and proper, persons. S. 10.1.30 substituted by No. 54/2006 s. 17. 10.1.30 General duty of confidentiality (1) A regulated person must not, directly or indirectly, make a record of, or disclose to someone else, any protected information acquired by the person in the performance of functions under a gaming Act or gaming regulations. (2) Subsection (1) does not apply to— S. 10.1.30(2)(a) substituted by No. 58/2011 s. 82. (a) a record or disclosure made in the performance of, or for the purpose of performing or enabling someone else to perform, a function under— (i) a gaming Act or gaming regulations; or S. 10.1.30 (2)(a)(ii) repealed by No. 26/2022 s. 14. (2)(a)(iii) inserted by No. 9/2018 s. 21(1), amended by No. 54/2021 s. 41(f). (iii) the **Victorian Gambling and Casino Control Commission Act 2011**; or (2)(b) amended by No. 9/2018 s. 21(2). (b) a record or disclosure permitted or required to be made by or under another provision of this Division; or (2)(c) inserted by No. 9/2018 s. 21(3). (c) a record or disclosure made to another regulated person for the purpose of providing advice or assistance, or enabling someone else to provide advice or assistance, to a Minister in respect of the Minister's responsibilities or functions under— (i) a gaming Act or gaming regulations; or S. 10.1.30 (2)(c)(ii) repealed by No. 26/2022 s. 14. S. 10.1.30 (2)(c)(iii) amended by No. 54/2021 s. 41(f). (iii) the **Victorian Gambling and Casino Control Commission Act 2011**. S. 10.1.31 substituted by No. 54/2006 s. 17. 10.1.31 Disclosure in legal proceedings S. 10.1.31(1) amended by No. 71/2008 s. 37(2)(a). (1) Subject to subsection (2), a regulated person is not, except for the purposes of a gaming Act or gaming regulations, permitted or required— (a) to produce in a court a document that has come into the person's possession or under the person's control; or (b) to disclose to a court any protected information that has come to the person's notice— in the performance of functions under a gaming Act or gaming regulations. S. 10.1.31(2) amended by No. 71/2008 s. 37(2)(b). (2) A regulated person may disclose, or be required to disclose, protected information to a court or produce, or be required to produce, in court any document containing information if— (a) the Minister certifies that it is necessary in the public interest that the information should be disclosed to a court; or (b) the person to whose affairs the information relates has expressly authorised it to be disclosed to a court. S. 10.1.32 substituted by No. 54/2006 s. 17. 10.1.32 Other permitted disclosures (1) A regulated person may disclose protected information— (a) with the consent (express or implied) of the person to whose affairs the information relates; or (b) to an enforcement agency for the purpose of law enforcement; or S. 10.1.32(1)(c) amended by No. 40/2008 s. 22(a). (c) to a gambling regulator for regulatory or law enforcement purposes; or S. 10.1.32 (1)(ca) inserted by No. 47/2018 s. 6, amended by No. 52/2021 s. 53, substituted by No. 14/2023 s. 73. (ca) to an authorised officer (within the meaning of the **Taxation Administration Act 1997**) for the purpose of administering the **Gambling Taxation Act 2023** and the **Taxation Administration Act 1997** as it applies to that Act; or S. 10.1.32 (1)(cb) inserted by No. 26/2022 s. 15. (cb) to the Victorian Liquor Commission established under Part 9A of the **Liquor Control Reform Act 1998** for the purpose of performing its functions under that Act; or (d) with the authorisation of the Minister or the Commission under subsection (3); or (e) if the information was considered at a meeting or inquiry, or part of a meeting or inquiry, of the Commission that was held in public. S. 10.1.32(2) amended by No. 71/2008 s. 37(3). (2) In addition to any disclosure permitted under subsection (1), the Minister or the Commission may disclose protected information (except to a court) if the Minister or the Commission (as the case requires) considers that— (a) disclosure of the information is in the public interest; or (b) in the circumstances, disclosure of the information is not unreasonable. (3) The Minister or the Commission may authorise the disclosure of protected information, or protected information of a specified class, if the Minister or the Commission (as the case requires) considers that— (a) disclosure of the information, or information of the class, is in the public interest; or (b) in the circumstances, disclosure of the information, or information of the class, is not unreasonable. (4) An authorisation under subsection (3) may be expressed to apply to a specified regulated person, to regulated persons of a specified class or to all regulated persons. S. 10.1.32(4A) inserted by No. 71/2008 s. 37(4). (4A) An authorisation cannot be given under subsection (3) to disclose protected information to a court. The disclosure of protected information to a court is dealt with in section 10.1.31. S. 10.1.32(5) repealed by No. 9/2018 s. 22. S. 10.1.33 substituted by No. 54/2006 s. 17. 10.1.33 Aggregation of statistical information (1) Any statistical information published about gambling expenditure in relation to gaming venues (whether pursuant to an authorisation under section 10.1.32(3) or otherwise) must be aggregated— (a) to give the total gambling expenditure for all approved venues in a municipal district; and (b) if a municipal district has less than 3 approved venues, to give the total gambling expenditure for all approved venues in the municipal district together with an adjoining municipal district or districts so that the statistical information indicates gambling expenditure for at least 3 approved venues— except as authorised by or under subsection (2). (2) The Minister or the Commission may publish, or authorise the publication of, disaggregated statistical information if the Minister or the Commission (as the case requires) considers that— (a) publication is in the public interest; or (b) in the circumstances, publication is not unreasonable. S. 10.1.34 substituted by No. 54/2006 s. 17. 10.1.34 Third party disclosures (1) A person (other than a regulated person) to whom protected information is disclosed by a regulated person must not make a record of, or disclose to someone else, any of the information. (2) Subsection (1) does not apply to— (a) a record or disclosure made with the prior written authorisation of the Commission or the Minister; or (b) a record or disclosure made by an enforcement agency or a gambling regulator in the performance of functions of the agency or regulator (as the case requires); or (c) protected information that has been given in evidence or produced before a court. Ch. 10 Pt 1A (Heading and s. 10.1A.1) inserted by No. 71/2008 s. 38. Part 1A—The Minister and the Secretary S. 10.1A.1 inserted by No. 71/2008 s. 38. 10.1A.1 Nomination of assistants and advisers (1) The Secretary, by instrument, may nominate a person by name to assist or advise the Secretary or the Minister in the performance of functions under this Act. (2) A nomination under subsection (1) must specify the functions in relation to which the nominated person is to assist or advise the Secretary or the Minister. (3) A nomination under subsection (1) remains in force for the period determined by the Secretary and may be extended from time to time by the Secretary. S. 10.1A.2 inserted by No. 56/2014 s. 54. 10.1A.2 Directions to licence holders to provide information for policy development (1) The Minister may give a written direction to a licence holder requiring the licence holder to provide to the Minister any information or document that is in the possession or under the control of the licence holder and that— (a) is specified in the direction in accordance with subsection (2); or (b) belongs to a class of information or document specified in the direction in accordance with subsection (2). (2) The Minister may specify information or a document, or a class of information or document, that, in the opinion of the Minister, will assist in the development of policy in accordance with— (a) the objectives of this Act; or (b) the purposes of the **Casino Control Act 1991**. (3) The licence holder must comply with a direction under subsection (1) within the period (being not less than 10 business days) specified in the direction. (4) No compensation is payable by the State in respect of anything done under this section or in compliance with a direction under subsection (1). S. 10.1A.2(5) def. of *licence holder* amended by No. 13/2023 s. 82. ***licence holder*** means any of the following— (a) a casino operator; (b) a keno licensee; (c) the monitoring licensee; (d) a public lottery licensee; (e) a venue operator; (f) a wagering and betting licensee. S. 10.1A.3 inserted by No. 1/2021 s. 64. 10.1A.3 Delegation of certain reporting functions of Secretary (1) The Secretary, by instrument, may delegate a function under any of the following provisions to an executive within the meaning of the **Public Administration Act 2004** who is employed in a role of Deputy Secretary or equivalent— (a) section 4.3A.4; (b) section 4.3A.4A; (c) section 4.3A.6; (d) section 6A.3.4; (e) section 6A.3.4A; (f) section 6A.3.6. (2) A person to whom a function is delegated under subsection (1) has all the functions of the Secretary under Division 1C and 1D of Part 4 that are necessary for the performance of the function delegated. Ch. 10 Pt 2 (Heading and ss 10.2.1–10.2.13) substituted as Ch. 10 Pt 2 (Heading and ss 10.2.1, 10.2.2) by No. 104/2004 s. 35, amended by Nos 48/2006 s. 42(Sch. item 15), 64/2014 s. 34, repealed by No. 25/2024 s. 13. Ch. 10 Pt 2A (Heading and ss 10.2A.1–10.2A.12) inserted by No. 11/2007 s. 3. Part 2A—Review Panel S. 10.2A.1 inserted by No. 11/2007 s. 3. 10.2A.1 Definitions S. 10.2A.1 def. of *authorisation and licensing process* substituted by No. 28/2022 s. 110(a), amended by No. 23/2025 ss 49, 66(b). ***authorisation and licensing process*** means— (a) the process for the authorisation and licensing of gaming machines, wagering, approved betting competitions, public lotteries and keno games; and (ab) without limiting paragraph (a), the process of extending a public lottery licence for a period of 10 years or longer; and (b) the licensing process for the monitoring of gaming machines— including any decisions made by the Minister during the process referred to in paragraph (a), (ab) or (b); A decision of the Minister as to the length of an authorisation or licence or the number of licences that may be issued. S. 10.2A.1 defs of *current gambling licences, current gaming operator's licence, current public lottery licence, current wagering and gaming licences* repealed by No. 28/2022 s. 110(b). ***key operative*** means— (a) a key operative within the meaning of section 1.3(1); or (b) a licensed racing club; or (c) a registered bookmaker; or (d) Racing Products; or (e) VicRacing; or (f) Racing Victoria; or (g) a person registered or licensed in accordance with the rules of Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria; S. 10.2A.1 def. of *other gambling activities* amended by No. 40/2008 s. 22(b), repealed by No. 28/2022 s. 110(b). S. 10.2A.1 def. of *pending applicant* inserted by No. 23/2025 s. 66(a). ***pending applicant*** has the meaning given by section 10.4.7P; S. 10.2A.1 def. of *possible invitee* inserted by No. 23/2025 s. 66(a). ***possible invitee*** has the meaning given by section 10.4.7P; ***protected information*** has the meaning given in section 10.1.29; ***Racing Victoria*** has the same meaning as in the **Racing Act 1958**; S. 10.2A.1 def. of *regulatory review* amended by No. 1/2021 s. 65, substituted by No. 28/2022 s. 110(c), amended by No. 23/2025 s. 66(c). ***regulatory review*** means the review by one or more relevant entities of the regulatory structure and associated arrangements for— (a) the operation and monitoring of gaming machines; and (b) the operation of wagering; and (c) the operation of approved betting competitions; and (d) the operation of keno; and (e) the funding of the racing industry— but does not include anything that is part of the authorisation and licensing process; ***relevant activity***, in relation to the regulatory review, means an activity that— (a) is relevant to the regulatory review; and (b) is authorised or licensed under this Act; ***relevant entity*** means— (a) the Commission; or (b) a public official (within the meaning of the **Public Administration Act 2004**) employed in— (i) the Department administered by the Minister; or (ii) the Department administered by the Premier; or (iii) the Department administered by the Treasurer; or (c) a person engaged to provide services to an entity referred to in paragraph (a) or (b); ***Secretary*** means Secretary to the Department administered by the Minister. Division 2—Establishment and functions S. 10.2A.2 inserted by No. 11/2007 s. 3. 10.2A.2 Establishment of Review Panel A Review Panel is established. S. 10.2A.3 inserted by No. 11/2007 s. 3. 10.2A.3 Functions and powers of Review Panel (1) The functions of the Review Panel are— (a) to consider, and report to the Minister, whether, in the preparation of recommendations or reports to the Minister by a relevant entity with respect to the regulatory review— (i) all parties interested in a relevant activity have been treated impartially and have been given the same opportunity to access information and advice in relation to the review process; and (ii) information received from parties referred to in subparagraph (i) has been managed to ensure the security and confidentiality of intellectual property and proprietary information; and S. 10.2A.3 (1)(a)(iii) amended by No. 23/2025 s. 67(1)(a). (iii) every relevant entity involved in the regulatory review has been required to declare any actual or perceived conflict of interest before participating in the regulatory review and while participating in the regulatory review, as the case requires; and (iv) any conflict of interest referred to in subparagraph (iii) has been appropriately addressed; and (v) there has been any improper interference with the making of a recommendation or report; and (vi) the preparation of a recommendation or report discloses bias or anything that could lead to a reasonable apprehension of bias; S. 10.2A.3 (1)(b) amended by No. 23/2025 s. 67(1)(b)(i). (b) to consider, and report to the Minister, whether, in the preparation of recommendations or reports to the Minister or the Secretary by a relevant entity with respect to the authorisation and licensing process— S. 10.2A.3 (1)(b)(i) amended by No. 23/2025 s. 67(1)(b)(ii). (i) all possible invitees, pending applicants and applicants for an authorisation or a licence have been treated equally and impartially and have been given the same opportunity to access information and advice about the authorisation and licensing process; and (ii) all protected information has been managed to ensure its security and confidentiality; and S. 10.2A.3 (1)(b)(iii) amended by No. 23/2025 s. 67(1)(b)(iii). (iii) all possible invitees, pending applicants and applicants referred to in subparagraph (i) have been evaluated in a systematic manner against explicit predetermined evaluation criteria; and S. 10.2A.3 (1)(b)(iv) amended by No. 23/2025 s. 67(1)(b)(iv). (iv) every relevant entity involved in the authorisation and licensing process has been required to declare any actual or perceived conflict of interest before participating in the process and while participating in the process, as the case requires; and (v) any conflict of interest referred to in subparagraph (iv) has been appropriately addressed; and (vi) there has been any improper interference with the making of a recommendation or report; and (vii) the preparation of a recommendation or report discloses bias or anything that could lead to a reasonable apprehension of bias; (c) to consider, and report to the Minister on, any other matter referred to the Review Panel under subsection (2); (d) to report to the Minister on request under section 10.2A.12(2). S. 10.2A.3(2) amended by No. 23/2025 s. 67(2). (2) The Minister, by notice published in the Government Gazette, may refer any matter to the Review Panel for consideration and report to the Minister. (3) The Review Panel has all the powers necessary to perform its functions. S. 10.2A.3 (4)(5) repealed by No. 28/2022 s. 111. Division 3—Membership of Review Panel S. 10.2A.4 inserted by No. 11/2007 s. 3. 10.2A.4 Membership of Review Panel The Review Panel consists of— (a) a chairperson; and (b) 3 other members— appointed by the Governor in Council on the recommendation of the Minister. S. 10.2A.5 inserted by No. 11/2007 s. 3. 10.2A.5 Chairperson (1) The Governor in Council, on the recommendation of the Minister, may appoint a person as chairperson of the Review Panel. S. 10.2A.5(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.43). (2) A person is not eligible for appointment as chairperson unless the person has been a judge of— (a) the High Court; or (b) the Federal Court; or (c) the Supreme Court of a State or Territory; or (d) the County Court or a court of another State or Territory of equivalent status to the County Court. (3) The appointment as chairperson of a person who has been a judge of the Supreme Court or the County Court does not affect any pension or other rights or privileges the person has as a former judge. (4) The appointment is on the terms and conditions, including remuneration, determined by the Governor in Council. S. 10.2A.6 inserted by No. 11/2007 s. 3. 10.2A.6 Other members (1) The Governor in Council, on the recommendation of the Minister, may appoint a qualified person as a member of the Review Panel. 3 members are to be appointed under this section—see section 10.2A.4(b). (2) A person is qualified to be appointed as a member under this section if the Minister is satisfied that the person has appropriate knowledge, experience and expertise to perform a member's functions. (3) The appointment is on the terms and conditions, including remuneration, determined by the Governor in Council. S. 10.2A.7 inserted by No. 11/2007 s. 3. 10.2A.7 Vacancies and resignation S. 10.2A.7(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.44). (1) A member's office becomes vacant if the member— (a) resigns by notice in writing delivered to the Minister; or (b) is removed from office under subsection (2). (2) The Governor in Council, on the recommendation of the Minister, may remove a member from office if the member— (a) has refused, neglected or failed to carry out the duties of office; or (b) has demonstrated inefficiency or misbehaviour in carrying out those duties; or (c) is employed, in any capacity, by a key operative; or (d) knowingly has, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a key operative. (3) Subsection (2)(d) does not apply if the member complies with subsection (4)(a) and with any direction of the Secretary under subsection (4)(b) in relation to the association or interest. (4) A member who knowingly has, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a key operative must forthwith— (a) notify the Secretary of the association or interest; and (b) if directed to do so by the Secretary, within a time specified by the Secretary terminate the association or relinquish the interest. S. 10.2A.8 inserted by No. 11/2007 s. 3. 10.2A.8 Acting chairperson (1) The Minister may appoint another member of the Review Panel to act as chairperson— (a) during a vacancy in the office of chairperson; or (b) if the chairperson is absent or, for any other reason, is unable to perform the duties of office. (2) The acting chairperson is not required to be eligible for appointment as chairperson as set out in section 10.2A.5(2). (3) The Minister may terminate the appointment of an acting chairperson at any time. (4) While acting as chairperson, the acting chairperson— (a) has and may perform all the functions of the chairperson; and (b) is entitled to be paid the remuneration to which the chairperson would have been entitled. Division 4—Procedure of Review Panel S. 10.2A.9 inserted by No. 11/2007 s. 3. 10.2A.9 Meetings (1) The quorum for a meeting of the Review Panel is a majority of members for the time being, at least one of whom must be the chairperson or acting chairperson. S. 10.2A.9(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.45). (2) The chairperson, or in the chairperson's absence the acting chairperson, is to preside at a meeting of the Review Panel. (3) Subject to this section, the Review Panel may regulate its own procedure. (4) The Review Panel may meet with one or more relevant entities at any time during the regulatory review or the authorisation and licensing process. S. 10.2A.10 inserted by No. 11/2007 s. 3. 10.2A.10 Reports (1) The Review Panel— (a) may at any time give a written report to the Minister on the performance of its functions; and (b) must give a written report to the Minister on the performance of its functions, within the time specified by the Minister, if directed to do so by the Minister. (2) The Minister must consult the Review Panel before specifying the time for a report under subsection (1)(b). (3) A report on a matter referred to the Review Panel under section 10.2A.3(2) must include a copy of the Order referring the matter. S. 10.2A.11 inserted by No. 11/2007 s. 3, amended by No. 69/2009 s. 54(Sch. Pt 1 item 27), substituted by No. 56/2010 s. 49. 10.2A.11 Publication of Review Panel reports (1) The Minister must give a copy of each report of the Review Panel to the Secretary as soon as practicable after receiving it. S. 10.2A.11(2) substituted by No. 60/2011 s. 42(1). (2) In the case of a report with respect to the regulatory review, the Minister must— (a) cause a copy of the report to be presented to each House of the Parliament within 7 sitting days of the House after the Minister publicly announces the government's decision on the regulatory review; or (b) if the Parliament is not sitting, give a copy of the report to the clerk of each House of the Parliament, within 21 days after the Minister publicly announces the government's decision on the regulatory review. S. 10.2A.11(3) substituted by No. 60/2011 s. 42(1). (3) In the case of a report with respect to the authorisation and licensing process, the Minister must— (a) cause a copy of the report to be presented to each House of the Parliament within 7 sitting days of the House after the Minister publicly announces the grant or issue of an authorisation or licence that is the subject of a report; or (b) if the Parliament is not sitting, give a copy of the report to the clerk of each House of Parliament, within 21 days after the Minister publicly announces the grant or issue of an authorisation or licence that is the subject of a report. (3A) inserted by No. 60/2011 s. 42(1). (3A) In the case of any other report, the Minister must cause a copy of each report to be presented to each House of the Parliament at the time determined by the Minister. S. 10.2A.11(4) amended by No. 60/2011 s. 42(2). (4) If the clerk of each House of the Parliament receives a copy of a report under subsection (2)(b) or (3)(b), the clerk of each House of the Parliament must— (a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available upon request; and (b) give a copy of the report to any member of the House upon request to the clerk; and (4)(c) amended by No. 29/2011 s. 3(Sch. 1 item 42.2). (c) cause the report to be laid before the House on the next sitting day of the House. (5) The Secretary must cause a copy of each report received under subsection (1) to be published on an appropriate Internet site as soon as practicable after— (5)(a) amended by No. 60/2011 s. 42(3)(a). (a) the copy of the report has been presented to each House of the Parliament by the Minister under subsection (2)(a), (3)(a) or (3A); or (5)(b) amended by No. 60/2011 s. 42(3)(b). (b) the copy of the report has been given to the clerk of each House of the Parliament by the Minister under subsection (2)(b) or (3)(b). S. 10.2A.11(6) amended by No. 60/2011 s. 42(4). (6) Before complying with subsection (1), (2), (3) or (3A), the Minister may exclude information from the report if the Minister has received advice from the Victorian Government Solicitor that the information is— (a) protected information; or (b) information that is or could be the subject of legal professional privilege or client legal privilege. S. 10.2A.11(7) amended by No. 60/2011 s. 42(5). (7) A report that is given to the clerks under subsection (2)(b) or (3)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament. (8) The publication of a report by the Secretary under this section is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and of any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament. S. 10.2A.11(9) repealed by No. 60/2011 s. 42(6). S. 10.2A.12 inserted by No. 11/2007 s. 3. 10.2A.12 Direction in response to Review Panel's reports (1) The Minister may give a written direction to a relevant entity to take all reasonable steps to address any finding or implement any recommendation contained in a report of the Review Panel. (2) The Minister may request the Review Panel to report to the Minister on a relevant entity's compliance with a direction under subsection (1). Part 3—Funds Division 1—Community Support Fund 10.3.1 Community Support Fund (1) There shall continue to be an account in the Public Account as part of the Trust Fund known as the Community Support Fund. (2) The Community Support Fund is the same fund as that established under section 138 of the **Gaming Machine Control Act 1991**. 10.3.2 Payments into Community Support Fund (1) There is to be credited to the Community Support Fund all money required or authorised to be paid into the Fund by this or any other Act. (2) In addition to the money referred to in subsection (1), there is also to be paid into the Fund interest derived from investment of money in the Fund. S. 10.3.3 substituted by No. 45/2004 s. 36, amended by No. 62/2011 s. 25(2) (ILA s. 39B(1)). 10.3.3 Payments from the Community Support Fund (1) The Minister may apply money in the Fund— S. 10.3.3(1)(a) amended by No. 62/2011 s. 25(1)(a). (a) first, for any or all of the following— S. 10.3.3(1) (a)(i) amended by No. 104/2004 s. 40(e). (i) for payment of such amounts as are determined by the Minister for research relating to the social and economic impact of gambling, the causes of problem gambling and strategies to minimise harm from gambling, and the publication of the results of the research; (ii) for payment for or towards the provision of programs for or purposes relating to the prevention of excessive gambling or for the treatment or rehabilitation of persons who gamble to problem levels; S. 10.3.3(1) (a)(iii) inserted by No. 62/2011 s. 25(1)(b), amended by No. 25/2024 s. 11(1). (iii) for payment of amounts into the Gambling Harm Response Fund; (b) secondly, for payment for or towards the provision of any one or more of the following— (i) programs for the treatment or rehabilitation of persons who are addicted to or abuse drugs; (ii) educational programs relating to drug addiction or drug abuse; (iii) programs for financial counselling services or support and assistance for families in crisis; (iv) programs for the benefit of youth; (v) research or pilot programs relating to community advancement programs; (vi) programs for the benefit of sport or recreation; (vii) programs for the promotion or benefit of the arts; (viii) programs establishing or developing tourist destinations or facilities or services or for the purposes of promoting tourism; (ix) any other programs or purposes relating to the support or advancement of the community as determined by the Minister; S. 10.3.3(c) amended by No. 104/2004 s. 40(f). (c) thirdly, for payment of costs incurred in administering and managing the Fund and monitoring and reporting on the application of money from the Fund. S. 10.3.3(2) inserted by No. 62/2011 s. 25(2), repealed by No. 25/2024 s. 11(2). S. 10.3.3A inserted by No. 98/2005 s. 89. 10.3.3A Additional payment from the Community Support Fund (1) On 1 September in each year the Minister must pay out of the Fund to the Victorian Veterans Fund the amount derived by the following formula— "TR" is the amount of revenue from the operation of electronic gaming machines paid into the Fund in the preceding financial year; "D" is the number of days in that financial year. (2) The Minister must make a payment out of the Fund on 1 February 2006 as if a reference to "1 September" in subsection (1) were a reference to 1 February 2006. Division 2—Mental Health Fund 10.3.4 Mental Health Fund (1) There continues to be an account in the Public Account as part of the Trust Fund known as the Mental Health Fund. (2) The fund is the same as that established under section 58 of the **Public Lotteries Act 2000**. 10.3.5 Payments into the Mental Health Fund There is to be credited to the Mental Health Fund all money required or authorised to be paid into the Fund by this or any other Act. 10.3.6 Payments from the Mental Health Fund Money standing to the credit of the Fund may be applied, at the determination of the Treasurer, for or towards— S. 10.3.6(a) substituted by No. 26/2014 s. 455(Sch. item 11(a)), amended by No. 39/2022 s. 826. (a) the establishment and maintenance of designated mental health services within the meaning of the **Mental Health and Wellbeing Act 2022**; S. 10.3.6(b) amended by Nos 23/2006 s. 239(1), 19/2019 s. 260. (b) the establishment and maintenance of residential treatment facilities within the meaning of the **Disability Act 2006**; S. 10.3.6(c) amended by Nos 26/2014 s. 455(Sch. item 11(b)), 39/2022 s. 826. (c) the administration of the **Mental Health and Wellbeing Act 2022**; S. 10.3.6(d) amended by No. 23/2006 s. 239(2). (d) the administration of the **Disability Act 2006**. Ch. 10 Pt 3 Div. 3 (Heading and ss 10.3.7–10.3.9) inserted by No. 25/2024 s. 12. Division 3—Gambling Harm Response Fund S. 10.3.7 inserted by No. 25/2024 s. 12. 10.3.7 Gambling Harm Response Fund There is established an account in the Public Account as part of the Trust Fund known as the Gambling Harm Response Fund. S. 10.3.8 inserted by No. 25/2024 s. 12. 10.3.8 Payments into the Gambling Harm Response Fund (1) There is to be credited to the Gambling Harm Response Fund all money required or authorised to be paid into the Fund by this or any other Act. (2) In addition to the money referred to in subsection (1), there is also to be paid into the Fund— (a) any fee or charge imposed under section 7A of the **Victorian Responsible Gambling Foundation Act 2011** that was not received before the repeal of that Act; and (b) interest derived from investment of money in the Fund. S. 10.3.9 inserted by No. 25/2024 s. 12. 10.3.9 Payments from the Gambling Harm Response Fund Money standing to the credit of the Gambling Harm Response Fund may be applied for or towards— (a) any liability of the Responsible Gambling Fund established by section 19 of the **Victorian Responsible Gambling Foundation Act 2011** that has not been met before the repeal of that Act; and (b) at the determination of the Minister, the following— (i) preventative and other activities to address determinants of gambling harm; (ii) education and information programs— (A) to reduce gambling harm; and (B) to increase community awareness of the risks associated with gambling; and (C) to encourage people to seek help in relation to gambling harm; (iii) treatment, counselling services and intervention services in relation to gambling harm; (iv) research and evaluation activities related to the matters described in subparagraphs (i) to (iii); (v) information and advice in relation to the issue or grant of licences, permits, approvals, authorisations, registration or allocations under this Act or the regulations, the **Casino Control Act 1991** or regulations made under that Act or the **Casino (Management Agreement) Act 1993** or regulations made under that Act; (vi) the regulation of gambling under this Act or the regulations, the **Casino Control Act 1991** or regulations made under that Act or the **Casino (Management Agreement) Act 1993** or regulations made under that Act. Part 4—Investigations and information gathering by the Commission Division 1—Investigation of applications 10.4.1 Application of Division Except where otherwise stated in this Division, this Division applies to any of the following applications— S. 10.4.1(a) amended by Nos 40/2008 s. 22(c), 29/2009 s. 37, 1/2021 s. 66, 13/2023 s. 83, 23/2025 s. 50(a). (a) an application for a licence under this Act other than the monitoring licence, a wagering and betting licence, a public lottery licence or a keno licence; (b) an application for an on-course wagering permit; S. 10.4.1(ba) inserted by No. 73/2008 s. 28(a). (ba) an application for registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4; (c) an application for approval— (i) as a nominee of a venue operator under section 3.4.14; S. 10.4.1 (c)(ii)(iii) repealed by No. 28/2022 s. 112. S. 10.4.1 (c)(iiiaa) inserted by No. 73/2008 s. 28(b). (iiiaa) as a nominee of a registered bookmaker that is a corporation under section 4.5A.2; S. 10.4.1 (c)(iiia) inserted by No. 54/2006 s. 18(1)(a), repealed by No. 23/2025 s. 50(b). S. 10.4.1(c)(iv) repealed by No. 23/2025 s. 50(b). S. 10.4.1(c)(v) amended by No. 54/2004 s. 8(8), repealed by No. 28/2022 s. 112. (vi) as a nominee of a bingo centre operator under section 8.5.9; S. 10.4.1(c)(vii) inserted by No. 104/2004 s. 36(1). (vii) as a nominee of a commercial raffle organiser under section 8.5A.10; S. 10.4.1(ca) inserted by No. 18/2007 s. 4(i). (ca) an application for approval as a sports controlling body under Division 4 of Part 5 of Chapter 4; S. 10.4.1(cb) inserted by No. 40/2008 s. 22(d), substituted by No. 56/2010 s. 60(1). (cb) an application for approval to become an associate of a gambling industry participant under section 10.4A.7; (d) an application for listing on the Roll; (e) an application for approval of premises under Part 3 of Chapter 3. 10.4.2 Investigation of application (1) On receiving an application, the Commission must cause to be carried out all investigations and inquiries that it considers necessary to enable it to consider the application properly. S. 10.4.2(2) amended by Nos 54/2004 s. 8(8), 104/2004 ss 36(2)–(4), 39(5)(r), 18/2007 s. 4(j), 40/2008 s. 22(e), 73/2008 s. 28(c)(d), 56/2010 s. 60(2), substituted by No. 58/2011 s. 87. (2) A function of the Commission under this section may be performed by any commissioner in relation to an application for— S. 10.4.2(2)(b) repealed by No. 28/2022 s. 113. S. 10.4.2 (2)(f)–(h) repealed by No. 28/2022 s. 113. (k) approval as a sports controlling body under Division 4 of Part 5 of Chapter 4; (l) listing on the Roll; (m) approval of premises under Part 3 of Chapter 3. 10.4.3 Photographs, finger prints and palm prints S. 10.4.3(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.46). (1) The Commission may require a natural person— (a) who has made an application; or (b) who is being investigated by the Commission in relation to the person's suitability to be concerned in or associated with the management or operation of any activity in respect of which an application has been made— to consent to having the person's photograph, finger prints and palm prints taken by the Commission. S. 10.4.3(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.47). (2) The Commission may refuse to consider an application if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow the photograph, finger prints or palm prints to be taken. S. 10.4.3(3) amended by Nos 54/2004 s. 8(8), 104/2004 ss 36(5)(7) (as amended by No. 92/2005 s. 10(2)), 39(5)(s), 40/2008 s. 22(f), 73/2008 s. 28(e)(f), 56/2010 s. 60(3), substituted by No. 58/2011 s. 88. (3) A function of the Commission under this section may be performed by any commissioner in relation to an application for— S. 10.4.3(3)(b) repealed by No. 28/2022 s. 114. S. 10.4.3 (3)(f)–(h) repealed by No. 28/2022 s. 114. (k) listing on the Roll. S. 10.4.3(4)(a) repealed by No. 23/2025 s. 51. S. 10.4.3 (4)(ab) inserted by No. 54/2006 s. 18(1)(b), repealed by No. 23/2025 s. 51. S. 10.4.3(4)(ac) inserted by No. 18/2007 s. 4(k). (ac) approval as a sports controlling body under Division 4 of Part 5 of Chapter 4; (b) an application for approval of premises under Part 3 of Chapter 3. 10.4.4 Police inquiry and report S. 10.4.4(1) substituted by No. 56/2010 s. 50. (1) The Commission must refer to the Chief Commissioner of Police— (a) details of an application; and (b) a copy of any photograph, finger prints and palm prints obtained under section 10.4.3; and S. 10.4.4(1)(c) amended by No. 23/2025 s. 74(Sch. 1 item 2.48). (c) any other information from or concerning an application that the Chief Commissioner of Police considers necessary to inquire into and report on the application. (2) The Chief Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests. S. 10.4.4(3) amended by Nos 54/2004 s. 8(8), 104/2004 ss 36(8)(10) (as amended by No. 92/2005 s. 10(4)), 39(5)(t), 40/2008 s. 22(g), 73/2008 s. 28(g)(h), 56/2010 s. 60(4), substituted by No. 58/2011 s. 89. (3) A function of the Commission under this section may be performed by any commissioner in relation to an application for— S. 10.4.4(3)(b) repealed by No. 28/2022 s. 115. S. 10.4.4 (3)(f)–(h) repealed by No. 28/2022 s. 115. (k) listing on the Roll. S. 10.4.4(4)(a) repealed by No. 23/2025 s. 51. S. 10.4.4 (4)(ab) inserted by No. 54/2006 s. 18(1)(b), repealed by No. 23/2025 s. 51. S. 10.4.4(4)(ac) inserted by No. 18/2007 s. 4(l). (ac) approval as a sports controlling body under Division 4 of Part 5 of Chapter 4; (b) an application for approval of premises under Part 3 of Chapter 3. 10.4.5 Commission may require further information etc. (1) The Commission may, by notice in writing, require an applicant 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— (a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice; (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; (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); S. 10.4.5(1)(d) amended by No. 23/2025 s. 74(Sch. 1 item 2.49). (d) to provide the Commission with any authorities and consents the Commission requires for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and the person's associates from other persons. (2) If a requirement made under this section is not complied with, the Commission may refuse to consider the application concerned. S. 10.4.5(3) amended by Nos 54/2004 s. 8(8), 104/2004 ss 36(11)–(13), 39(5)(u), 18/2007 s. 4(m), 40/2008 s. 22(h), 73/2008 s. 28(i)(j), 56/2010 s. 60(5), substituted by No. 58/2011 s. 90. (3) A function of the Commission under this section may be performed by any commissioner in relation to an application for— (a) a gaming industry employee's licence; (b) registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4; (c) approval as a nominee of a venue operator under section 3.4.14; S. 10.4.5 (3)(d)–(f) repealed by No. 28/2022 s. 116. (g) approval as a nominee of a bingo centre operator under section 8.5.9; (h) approval as a nominee of a commercial raffle organiser under section 8.5A.10; (i) approval as a sports controlling body under Division 4 of Part 5 of Chapter 4; S. 10.4.5(3)(j) repealed by No. 1/2021 s. 67. (k) approval of premises under Part 3 of Chapter 3. S. 10.4.5(4)(a) repealed by No. 28/2022 s. 127(j). S. 10.4.5(4)(b) repealed by No. 23/2025 s. 51. S. 10.4.5 (4)(ba) inserted by No. 54/2006 s. 18(1)(c), repealed by No. 23/2025 s. 51. (c) listing on the Roll. (5) Subsection (1)(d) does not apply to an application for approval of premises under Part 3 of Chapter 3. 10.4.6 Updating of application (1) If a change occurs in the information provided in or in connection with an application (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. (2) If— (a) the Commission requires information (including information in any records) from a person referred to in section 10.4.5 whose association with the applicant is in the opinion of the Commission relevant to the application; and that person must forthwith give the Commission written particulars of the change. (3) 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 (2) to any further change in the information provided. S. 10.4.6(4) substituted by Nos 7/2006 s. 12(1), 54/2006 s. 18(2), repealed by No. 23/2025 s. 51. (5) Subsection (2) does not apply to an application for— S. 10.4.6(5)(a) repealed by No. 28/2022 s. 117. S. 10.4.6(5)(b) repealed by No. 23/2025 s. 51. S. 10.4.6(5)(c) repealed by No. 28/2022 s. 127(k). S. 10.4.6(5)(d) substituted by No. 104/2004 s. 39(5)(v). (d) a gaming industry employee's licence; S. 10.4.6(5)(e) repealed by No. 104/2004 s. 39(5)(v), new s. 10.4.6(5)(e) inserted by No. 7/2006 s. 12(2). (e) listing on the roll; S. 10.4.6(5)(f) repealed by No. 104/2004 s. 39(5)(v), new s. 10.4.6(5)(f) inserted by No. 40/2008 s. 22(i), substituted by No. 56/2010 s. 60(6). (f) approval to become an associate of a gambling industry participant under section 10.4A.7; (g) an on-course wagering permit; S. 10.4.6 (5)(h)(i) repealed by No. 28/2022 s. 117. S. 10.4.6(5)(j) amended by No. 54/2004 s. 8(8), repealed by No. 28/2022 s. 117. (k) approval of premises under Part 3 of Chapter 3. 10.4.7 Costs of investigating applications S. 10.4.7(1) amended by Nos 18/2007 s. 4(n), 40/2008 s. 22(j), 73/2008 s. 28(k). (1) The Commission may, by written notice, require a person who is an applicant for any licence or permit under this Act (other than a wagering and betting licence or a keno licence), for registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4, for approval for appointment as an operator or for approval of a proposed manager referred to in an application for a permit, or for approval as a sports controlling body under Division 4 of Part 5 of Chapter 4 to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs of investigation of the application. S. 10.4.7(1A) inserted by No. 22/2005 s. 13(1). (1A) The Commission may, by written notice, require a person who is a registrant under section 5.3.2A to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of investigation of the registration of interest. S. 10.4.7(2) amended by No. 22/2005 s. 13(2)(a)(b). (2) The Commission may require costs payable under subsection (1) or (1A) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted or the registrant is invited to apply for a public lottery licence, as the case may be. S. 10.4.7(3) inserted by No. 22/2005 s. 13(3), amended by No. 28/2022 s. 118. (3) Costs payable under subsection (1) or (1A) may be recovered in a court of competent jurisdiction as a debt due to the State. Ch. 10 Pt 4 Div. 1A (Heading and ss 10.4.7A–10.4.7H) inserted by No. 40/2008 s. 23, amended by Nos 40/2008 s. 23, 71/2008 ss 39, 40(2), 56/2010 s. 51, 20/2018 ss 49, 50, repealed by No. 1/2021 s. 68. Ch. 10 Pt 4 Div. 1B (Heading) amended by Nos 29/2009 s. 42(1), 23/2025 s. 52. Ch. 10 Pt 4 Div. 1B (Heading and ss. 10.4.7I–10.4.7O) inserted by No. 40/2008 s. 23. Division 1B—Investigations of certain licence transfers and temporary licensing S. 10.4.7I inserted by No. 40/2008 s. 23. 10.4.7I Definitions (a) a temporary licensee; or (b) a transferee; or (c) an associate of a temporary licensee or transferee; (d) a person who the Commission considers may become an associate of a temporary licensee or transferee; S. 10.4.7I def. of *relevant licence* amended by Nos 29/2009 s. 42(2)(a), 23/2025 s. 53(a). (aa) the monitoring licence; or (a) a wagering and betting licence; or (ab) a public lottery licence; or (b) a keno licence; S. 10.4.7I def. of *temporary licence* amended by Nos 29/2009 s. 42(2)(b), 23/2025 s. 53(b). ***temporary licence*** means— (aa) a temporary monitoring licence under section 3.4.59I; or (a) a temporary wagering and betting licence under section 4.3A.31; or (ab) a temporary public lottery licence under section 5.3.27; or (b) a temporary keno licence under section 6A.3.31; S. 10.4.7I def. of *temporary licensee* amended by Nos 29/2009 s. 42(2)(c), 23/2025 s. 53(c). ***temporary licensee***— (aa) in relation to the monitoring licence, has the same meaning as in section 3.4.59I; or (a) in relation to a wagering and betting licence, has the same meaning as in section 4.3A.31; or (ab) in relation to a public lottery licence, has the same meaning as in section 5.3.27; or (b) in relation to a keno licence, has the same meaning as in section 6A.3.31; S. 10.4.7I def. of *transferee* amended by Nos 29/2009 s. 42(2)(d), 23/2025 s. 53(d). ***transferee***— (aa) in relation to the monitoring licence, has the same meaning as in section 3.4.56; or (a) in relation to a wagering and betting licence, has the same meaning as in section 4.3A.17; or (ab) in relation to a public lottery licence, has the same meaning as in section 5.3.15C; or (b) in relation to a keno licence, has the same meaning as in section 6A.3.17. S. 10.4.7J inserted by No. 40/2008 s. 23. 10.4.7J Investigations and inquiries (1) If the Minister has referred to the Commission an application to transfer a relevant licence or requested the Commission to report on the issue of a temporary licence, the Commission— (a) must cause to be carried out all investigations and inquiries that the Commission considers necessary to enable the Minister to properly consider the application for transfer or the issue of the temporary licence; and (b) must report to the Minister on the results of those investigations and inquiries. S. 10.4.7J(2) amended by No. 58/2011 s. 91(1). (2) A function of the Commission under subsection (1)(a) may be performed by any commissioner. S. 10.4.7K inserted by No. 40/2008 s. 23. 10.4.7K Photographs, finger prints and palm prints S. 10.4.7K(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.49). (1) The Commission may require an interested person who is a natural person to consent to having the person's photograph, finger prints and palm prints taken by the Commission. (2) The Commission may make a requirement under subsection (1) only if the Commission is satisfied that it is necessary to do so for the purposes of an investigation or inquiry under section 10.4.7J. (a) the Commission must notify the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application or issue the temporary licence (as the case requires). S. 10.4.7K(4) amended by No. 58/2011 s. 91(1). S. 10.4.7L inserted by No. 40/2008 s. 23. 10.4.7L Police inquiry and report (1) If the Minister has referred to the Commission an application to transfer a relevant licence or requested the Commission to report on the issue of a temporary licence, the Commission must refer to the Chief Commissioner of Police— S. 10.4.7L (1)(a) substituted by No. 56/2010 s. 52. (a) in the case of the application to transfer a relevant licence— (i) details of the application; and (ii) a copy of any photograph, finger prints and palm prints obtained under section 10.4.7K; and S. 10.4.7L (1)(a)(iii) amended by No. 23/2025 s. 74(Sch. 1 item 2.50). (iii) any other information from or concerning the application that the Chief Commissioner of Police considers necessary to inquire into and report on the application; S. 10.4.7L (1)(b) substituted by No. 56/2010 s. 52. (b) in the case of the issue of a temporary licence— (i) a copy of any photograph, finger prints and palm prints obtained under section 10.4.7K; and S. 10.4.7L (1)(b)(ii) amended by No. 23/2025 s. 74(Sch. 1 item 2.50). (ii) any other information concerning the temporary licence that the Chief Commissioner of Police considers necessary to inquire into and report on the temporary licence. (2) The Chief Commissioner of Police must inquire into and report to the Commission on any matters concerning the application or temporary licence that the Commission requests. S. 10.4.7L(3) amended by No. 58/2011 s. 91(1). S. 10.4.7M inserted by No. 40/2008 s. 23. 10.4.7M Commission may require further information (1) The Commission, by notice in writing, may require an interested person to do any one or more of the following— (a) to provide, in accordance with directions in the notice, any information that is relevant to an investigation of the application or temporary licence under section 10.4.7J and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the investigation 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; (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); (d) to provide the Commission with any authorities and consents the Commission requires for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Commission must give the Minister a copy of any information or records provided or produced under subsection (1) as soon as practicable. (a) the Commission must notify the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application or to issue the temporary licence (as the case requires). S. 10.4.7M(4) amended by No. 58/2011 s. 91(1). S. 10.4.7N inserted by No. 40/2008 s. 23. 10.4.7N Updating information (a) the Commission requires information (including information in any records) from an interested person under section 10.4.7M; and (b) a change occurs in that information before the application is granted or refused or the Minister decides whether or not to issue the temporary licence (as the case requires)— the interested person must give the Commission written particulars of the change as soon as practicable. (2) The Commission must give the Minister a copy of any particulars received under subsection (1) as soon as practicable. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided. S. 10.4.7O inserted by No. 40/2008 s. 23. 10.4.7O Costs of investigating (1) The Commission, by written notice, may require an applicant or temporary licensee to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of an investigation under section 10.4.7J in relation to the application or temporary licence (as the case requires). (2) The Commission may require costs payable under subsection (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted or the temporary licence is issued. Ch. 10 Pt. 4 Div. 1C (Heading) amended by Nos 20/2018 s. 51, 1/2021 s. 69, 23/2025 s. 54. Ch. 10 Pt 4 Div. 1C (Heading and ss 10.4.7P–10.4.7X) inserted by No. 29/2009 s. 41. Division 1C—Investigations of persons for suitability for invitation, and to apply, for certain licences S. 10.4.7P inserted by No. 29/2009 s. 41. 10.4.7P Definitions S. 10.4.7P def. of *pending applicant* substituted by Nos 56/2010 s. 53, 20/2018 s. 52(a), amended by Nos 1/2021 s. 70(a), 23/2025 s. 55(a). ***pending applicant*** means a person the Minister has invited to apply for a relevant licence but that has not applied for the relevant licence under section 3.4.42, 4.3A.5, 5.3.3 or 6A.3.5 (as the case requires); S. 10.4.7P def. of *possible invitee* amended by No. 20/2018 s. 52(b). ***possible invitee*** means a person the Minister is considering to invite to apply for the relevant licence; S. 10.4.7P def. of *related party* amended by No. 20/2018 s. 52(c). ***related party*** means— (a) an associate of a possible invitee or pending applicant; (b) a person who the Secretary considers may become an associate of a possible invitee or pending applicant; (c) a person who the Commission considers may become an associate of a possible invitee or pending applicant; S. 10.4.7P def. of *relevant licence* inserted by No. 20/2018 s. 52(d), amended by Nos 1/2021 s. 70(b), 13/2023 s. 84, 23/2025 s. 55(b). (a) the monitoring licence; or (b) a wagering and betting licence; or (ba) a public lottery licence; or (c) a keno licence. S. 10.4.7Q inserted by No. 29/2009 s. 41. 10.4.7Q Investigations and inquiries (1) On the written request of the Secretary, the Commission— (a) must cause to be carried out all investigations and inquiries that the Commission considers necessary to enable, as the case requires— (i) the Secretary to report to the Minister on a possible invitee or pending applicant; or S. 10.4.7Q (1)(a)(ii) amended by No. 20/2018 s. 53. (ii) the Minister to properly consider whether to invite a possible invitee to apply for the relevant licence; or S. 10.4.7Q (1)(a)(iii) amended by No. 20/2018 s. 53. (iii) if a pending applicant subsequently applies for the relevant licence, the Minister to properly consider whether to grant the relevant licence to that person; and (b) must report to the Secretary on the results of those investigations and inquiries. (2) An investigation or inquiry under subsection (1) may extend to an investigation or inquiry into a related party. (3) After receiving a report under subsection (1)(b), the Secretary may make a written request to the Commission to— (a) carry out further investigations or inquiries regarding a possible invitee, pending applicant or related party (as the case requires); and (b) report to the Secretary on the results of those further investigations or inquiries. (4) The Commission must comply with a request under subsection (3). (5) A function of the Commission under this section, other than the function of reporting to the Secretary, may be performed by any commissioner. S. 10.4.7R inserted by No. 29/2009 s. 41. 10.4.7R Photographs, finger prints and palm prints S. 10.4.7R(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.51). (1) The Commission may require a related party who is a natural person to consent to having the related party's photograph, finger prints and palm prints taken by the Commission. (2) The Commission may make a requirement under subsection (1) only if the Commission is satisfied that it is necessary to do so for the purposes of an investigation or inquiry under section 10.4.7Q. S. 10.4.7R(3) amended by No. 23/2025 s. 74(Sch. 1 item 2.51). (3) The Secretary may make a written request to the Commission to require a related party who is a natural person to consent to having the related party's photograph, finger prints and palm prints taken by the Commission. (4) The Secretary can make a request under subsection (3) only if the Secretary is satisfied that it is necessary to do so for the purposes of the proper consideration by the Minister of whether to, as the case requires— (4)(a) amended by No. 20/2018 s. 54(1). (a) invite a possible invitee to apply for a relevant licence; (4)(b) amended by No. 20/2018 s. 54(1). (b) if a pending applicant subsequently applies for the relevant licence, grant the relevant licence to that person. (5) The Commission must comply with a request under subsection (3). (6) If a related party refuses to comply with a requirement of the Commission under this section— (b) the Minister may, as the case requires— (6)(b)(i) amended by No. 20/2018 s. 54(2). (i) decide not to invite the possible invitee to apply for the relevant licence; (6)(b)(ii) amended by No. 20/2018 s. 54(2). (ii) if the pending applicant subsequently applies for the relevant licence, decide not to grant the relevant licence to that person. S. 10.4.7S inserted by No. 29/2009 s. 41. 10.4.7S Police inquiry and report S. 10.4.7S(1) substituted by No. 56/2010 s. 54. (1) If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7Q, the Commission must refer to the Chief Commissioner of Police— (a) details of the request of the Secretary; and (b) a copy of any photograph, finger prints and palm prints obtained under section 10.4.7R; and S. 10.4.7S (1)(c) amended by No. 23/2025 s. 74(Sch 1 item 2.52). (c) any other information concerning the request that the Chief Commissioner of Police considers necessary to inquire into and report on the request. (2) The Secretary may make a written request to the Commission to refer any other information regarding a possible invitee, pending applicant or related party to the Chief Commissioner of Police. (3) The Secretary can make a request under subsection (2) only if the Secretary is satisfied that it is necessary to do so for the purposes of the proper consideration by the Minister of whether to, as the case requires— S. 10.4.7S (3)(a) amended by No. 20/2018 s. 55. (a) invite a possible invitee to apply for the relevant licence; S. 10.4.7S (3)(b) amended by No. 20/2018 s. 55. (b) if a pending applicant subsequently applies for the relevant licence, grant the relevant licence to that person. (4) The Commission must comply with a request under subsection (2). (5) The Chief Commissioner of Police must inquire into and report to the Commission on any matters concerning a possible invitee, pending applicant or related party that the Commission requests. S. 10.4.7T inserted by No. 29/2009 s. 41. 10.4.7T Commission may require further information (1) The Commission, by notice in writing, may require a possible invitee, pending applicant or related party to do any one or more of the following— (a) to provide, in accordance with directions in the notice, any information that is relevant to an investigation under section 10.4.7Q and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the investigation 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; (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); (d) to provide the Commission with any authorities and consents the Commission requires for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning, as the case requires, the possible invitee, pending applicant or related party from other persons. (2) The Commission must give the Secretary and the Minister a copy of any information or records provided or produced under subsection (1) as soon as practicable. (3) If a possible invitee, pending applicant or related party refuses to comply with a requirement under subsection (1)— (b) the Minister may, as the case requires— S. 10.4.7T (3)(b)(i) amended by No. 20/2018 s. 56. (i) decide not to invite the possible invitee to apply for the relevant licence; S. 10.4.7T (3)(b)(ii) amended by No. 20/2018 s. 56. (ii) if the pending applicant subsequently applies for the licence, decide not to grant the relevant licence to that person. S. 10.4.7U inserted by No. 29/2009 s. 41. 10.4.7U Updating information (a) the Commission requires information (including information in any records) from a possible invitee, pending applicant or related party under section 10.4.7T; and (b) a change occurs in that information before— S. 10.4.7U (1)(b)(i) amended by No. 20/2018 s. 57. (i) the Minister decides whether or not to invite the possible invitee to apply for the relevant licence; or S. 10.4.7U (1)(b)(ii) amended by No. 20/2018 s. 57. (ii) a pending applicant applies for the relevant licence— the possible invitee or pending applicant or related party (as the case requires) must give the Commission written particulars of the change as soon as practicable. (2) The Commission must give the Secretary and the Minister a copy of any particulars received under subsection (1) as soon as practicable. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided. S. 10.4.7V inserted by No. 29/2009 s. 41. 10.4.7V Costs of investigating (1) The Commission, by written notice, may require a possible invitee or pending applicant to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of an investigation under section 10.4.7Q in relation to the possible invitee or pending applicant. S. 10.4.7V(2) amended by No. 20/2018 s. 58. (2) The Commission may require costs payable under subsection (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the possible invitee is invited by the Minister to apply for a relevant licence. S. 10.4.7W inserted by No. 29/2009 s. 41. 10.4.7W Service agreement (1) The Secretary and the Commission may enter into an agreement in relation to the performance of functions by the Commission under this Division. (2) The failure of a party to an agreement referred to in subsection (1) to comply with the agreement does not affect or make unlawful— (a) the performance of a function by the Commission under this Division; or (b) any report made or advice given to the Minister by the Secretary concerning a possible invitee or pending applicant; or (c) the consideration or decision by the Minister as to whether to— S. 10.4.7W (2)(c)(i) amended by No. 20/2018 s. 59. (i) invite a possible invitee to apply for the relevant licence; or S. 10.4.7W (2)(c)(ii) amended by No. 20/2018 s. 59. (ii) if a pending applicant subsequently applies for the relevant licence, grant the relevant licence to that person. S. 10.4.7X inserted by No. 29/2009 s. 41, amended by No. 23/2025 s. 74(Sch. 1 item 2.53). 10.4.7X Powers of Secretary The Secretary has all the powers necessary to perform the Secretary's functions under this Division. Ch. 10 Pt 4 Div. 1D (Heading) amended by Nos 20/2018 s. 60, 1/2021 s. 71, 23/2025 s. 56. Ch. 10 Pt 4 Div. 1D (Heading and ss 10.4.7Y–10.4.7ZG) inserted by No. 29/2009 s. 41. Division 1D—Investigations of certain licence applications S. 10.4.7Y inserted by No. 29/2009 s. 41. 10.4.7Y Definitions S. 10.4.7Y def. of *applicant* amended by No. 20/2018 s. 61(a). ***applicant*** means applicant for the relevant licence; S. 10.4.7Y def. of *application* amended by No. 20/2018 s. 61(b). ***application*** means application for the relevant licence; S. 10.4.7Y def. of *interested person* amended by No. 20/2018 s. 61(c). (b) an associate of an applicant; or (c) a person who the Secretary considers may become an associate of an applicant; or (d) a person who the Commission considers may become an associate of an applicant; S. 10.4.7Y def. of *relevant licence* inserted by No. 20/2018 s. 61(d), substituted by No. 1/2021 s. 72, amended by Nos 13/2023 s. 85, 23/2025 s. 57. (a) the monitoring licence; or (b) a wagering and betting licence; or (ba) a public lottery licence; or (c) a keno licence. S. 10.4.7Z inserted by No. 29/2009 s. 41. 10.4.7Z Investigations and inquiries (1) On the written request of the Secretary, the Commission— (a) must cause to be carried out all investigations and inquiries that the Commission considers necessary to enable— (i) the Secretary to report to the Minister on an application; or (ii) the Minister to consider the application properly; and (b) must report to the Secretary on the results of those investigations and inquiries. (2) After receiving a report under subsection (1)(b), the Secretary may make a written request to the Commission to carry out further investigations or inquiries regarding the application and report to the Secretary on the results of those further investigations or inquiries. (3) The Commission must comply with a request under subsection (2). (4) A function of the Commission under this section, other than the function of reporting to the Secretary, may be performed by any commissioner. S. 10.4.7ZA inserted by No. 29/2009 s. 41. 10.4.7ZA Photographs, finger prints and palm prints S. 10.4.7ZA(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.54). (1) The Commission may require an interested person who is a natural person to consent to having the person's photograph, finger prints and palm prints taken by the Commission. (2) The Commission may make a requirement under subsection (1) only if the Commission is satisfied that it is necessary to do so for the purposes of an investigation or inquiry under section 10.4.7Z. S. 10.4.7ZA(3) amended by No. 23/2025 s. 74(Sch. 1 item 2.54). (3) The Secretary may make a written request to the Commission to require an interested person who is a natural person to consent to having the person's photograph, finger prints and palm prints taken by the Commission. (4) The Secretary can make a request under subsection (3) only if the Secretary is satisfied that it is necessary to do so for the purposes of the proper consideration of the application. (5) The Commission must comply with a request under subsection (3). (6) If an interested person refuses to comply with a requirement of the Commission under this section— S. 10.4.7ZB inserted by No. 29/2009 s. 41. 10.4.7ZB Police inquiry and report S. 10.4.7ZB(1) substituted by No. 56/2010 s. 55. (1) If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7Z, the Commission must refer to the Chief Commissioner of Police— (a) details of the application; and (b) a copy of any photograph, finger prints and palm prints obtained under section 10.4.7ZA; and S. 10.4.7ZB (1)(c) amended by No. 23/2025 s. 74(Sch. 1 item 2.55). (c) any other information from or concerning the application that the Chief Commissioner of Police considers necessary to inquire into and report on the application. (2) The Secretary may make a written request to the Commission to refer any other information regarding the application to the Chief Commissioner of Police. (3) The Secretary can make a request under subsection (2) only if the Secretary is satisfied that it is necessary to do so for the purposes of the proper consideration of the application. (4) The Commission must comply with a request under subsection (2). (5) The Chief Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests. S. 10.4.7ZC inserted by No. 29/2009 s. 41. 10.4.7ZC Commission may require further information (1) The Commission, by notice in writing, may require an interested person to do any one or more of the following— (a) to provide, in accordance with directions in the notice, any information that is relevant to an investigation of the application under section 10.4.7Z and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the investigation 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; (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); (d) to provide the Commission with any authorities and consents the Commission requires for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Commission must give the Secretary and the Minister a copy of any information or records provided or produced under subsection (1) as soon as practicable. S. 10.4.7ZD inserted by No. 29/2009 s. 41. 10.4.7ZD Updating information (a) the Commission requires information (including information in any records) from an interested person under section 10.4.7ZC; and (b) a change occurs in that information before the application is granted— the interested person must give the Commission written particulars of the change as soon as practicable. (2) The Commission must give the Secretary and the Minister a copy of any particulars received under subsection (1) as soon as practicable. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided. S. 10.4.7ZE inserted by No. 29/2009 s. 41. 10.4.7ZE Costs of investigating (1) The Commission, by written notice, may require an applicant to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of an investigation under section 10.4.7Z in relation to the application. (2) The Commission may require costs payable under subsection (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted. S. 10.4.7ZF inserted by No. 29/2009 s. 41. 10.4.7ZF Service agreement (1) The Secretary and the Commission may enter into an agreement in relation to the performance of functions by the Commission under this Division. (2) The failure of a party to an agreement referred to in subsection (1) to comply with the agreement does not affect or make unlawful— (a) the performance of a function by the Commission under this Division; or (b) any report made or advice given to the Minister by the Secretary concerning an application; or (c) the consideration or determination of an application by the Minister. S. 10.4.7ZG inserted by No. 29/2009 s. 41, amended by No. 23/2025 s. 74(Sch. 1 item 2.56). 10.4.7ZG Powers of Secretary The Secretary has all the powers necessary to perform the Secretary's functions under this Division. Division 2—General investigatory powers of Commission 10.4.8 Definitions S. 10.4.8 def. of *entitlement holder connected person* inserted by No. 29/2009 s. 39(2). ***entitlement holder connected person*** means— (a) a person who has a prescribed interest referred to in paragraph (a) of the definition of ***prescribed connection***; or (b) a person who has a prescribed right or power referred to in paragraph (b) of the definition of ***prescribed connection***; or (c) a prescribed common person referred to in paragraph (c) of the definition of ***prescribed connection***; or (d) a person who is in or has a prescribed relationship referred to in paragraph (d) or (e) of the definition of ***prescribed connection***; or (e) a person who is a party to a prescribed agreement or arrangement referred to in paragraphs (f) or (g) of the definition of ***prescribed connection***; S. 10.4.8 def. of *gambling authorisation* amended by Nos 73/2008 s. 28(l), 29/2009 s. 39(1). ***gambling authorisation*** means a licence, permit or registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 issued or gaming machine entitlement allocated under this Act; S. 10.4.8 def. of *prescribed connection* inserted by No. 29/2009 s. 39(2), repealed by No. 58/2011 s. 83. S. 10.4.8 def. of *regulated person* amended by No. 29/2009 s. 39(3). (a) the holder of a gambling authorisation; or (b) an operator or nominee under a gambling authorisation; or (c) an associate of a person referred to in paragraph (a) or (b); or (d) an entitlement holder connected person. S. 10.4.9 amended by Nos 45/2004 s. 37, 29/2009 s. 40, repealed by No. 58/2011 s. 84. 10.4.10 Provision of information (1) The Commission may, by notice in writing, require a person who, in the opinion of the Commission, is a regulated person— (a) to provide the Commission or an authorised person, in accordance with directions in the notice, with any information as is specified in the notice that is— (iii) otherwise required by the Commission; or (b) to produce to the Commission or an authorised person, in accordance with the directions in the notice, any records specified in the notice that are— (iii) otherwise required by the Commission— and to permit examination of those records, the taking of extracts from them and the making of copies of them; or (c) to attend before the Commission or an authorised person for examination, and to answer questions, in relation to any matters— (iii) otherwise specified by the Commission. (2) 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. (3) 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. (4) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person. Division 3—Information gathering for law enforcement purposes 10.4.11 Information gathering for law enforcement purposes (1) For the purpose of obtaining information that may be of assistance to a law enforcement agency, the Commission may direct a regulated person in writing to provide the Commission with information obtained by the person concerning their operations. (2) A direction under subsection (1) may relate to particular information or to information generally and may relate to particular or general information concerning a specified person. (3) The direction must specify— (a) the kind of information that the regulated person is required to provide; and (b) the manner in which and time within which the information is to be provided. (4) It is a condition of a regulated person's licence, permit or listing under this Act that the provider must comply with such a direction. (5) The Commission may make information obtained by the Commission under this section available to any law enforcement agency. (6) This section applies despite anything to the contrary in Division 6 of Part 1. S. 10.4.11(7) def. of *law enforcement agency* amended by No. 37/2014 s. 10(Sch. item 72.18). ***law enforcement agency*** means— (a) Victoria Police or a police force or police service of any other State or of a Territory; or (b) the Australian Federal Police; or (c) the Australian Crime Commission; or (d) the New South Wales Crime Commission; or (e) any other Commission or person responsible for the enforcement of the laws of the Commonwealth or of this or any other State or of a Territory; ***operations*** of a regulated person, means their operations in respect of any activity regulated by this Act; S. 10.4.11(7) def. of *regulated person* amended by Nos 40/2008 s. 24(1), 29/2009 s. 42(3), 1/2021 s. 79(2), 28/2022 s. 119, 13/2023 s. 86. (a) the holder of a venue operator's licence; (ba) the monitoring licensee; (c) a person listed on the Roll; (e) the holder of an on-course wagering permit; (f) a licensed provider; (g) a wagering and betting licensee; (h) a keno licensee. Ch. 10 Pt 4A (Headings and ss 10.4A.1–10.4A.14) inserted by No. 56/2010 s. 59. Part 4A—Monitoring of relationships with associates Division 1—Interpretation S. 10.4A.1 inserted by No. 56/2010 s. 59. 10.4A.1 Definitions ***associate suitability criteria***, in relation to an associate, or a person who may become an associate, of a gambling industry participant, means— (a) whether the person is of good repute, having regard to character, honesty and integrity; (b) whether the person is of sound and stable financial background; (c) whether the person 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; ***listed corporation*** has the same meaning as in section 9 of the Corporations Act; ***listed gambling industry participant*** means a gambling industry participant that is a listed corporation; ***voting share*** in relation to a gambling industry participant, has the same meaning as in section 9 of the Corporations Act. S. 10.4A.2 inserted by No. 56/2010 s. 59. 10.4A.2 Relevant interests For the purposes of this Part, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share because of sections 608 and 609 of the Corporations Act. S. 10.4A.3 inserted by No. 56/2010 s. 59. 10.4A.3 References to the Corporations Act A reference in this Part to the Corporations Act is a reference to that Act as it would apply if references in that Act to a body corporate, corporation or company included references to— (a) a body corporate of any kind wherever formed or incorporated and whether formed or incorporated under that Act or any other law; and (b) any unincorporated body, being a society, association, company of proprietors or other body, wherever formed, that, under the law of its place of formation, may sue or be sued, or may hold property in the name of the secretary or some other officer of the society, association or body, or in the name of any trustee or trustees; and (c) any unincorporated body, being a society, association, company of proprietors or other body or undertaking to which is applied, under the laws of the place of its formation, with or without exceptions, a law in force in that place relating to companies or corporations as if it were a company or corporation within the meaning of that Act. Division 2—Notifications in relation to associates S. 10.4A.4 inserted by No. 56/2010 s. 59. 10.4A.4 Change in situation of gambling industry participants, associates etc. (1) Whenever a change of a kind specified by the Commission in writing given to a person who is— (a) a gambling industry participant; or (b) an associate of a participant; or (c) a nominee of a participant (if the participant is required under the Act to have a nominee)— takes place in the situation existing in relation to that person, the person must notify the Commission in writing of the change within 14 days after it takes place. S. 10.4A.5 inserted by No. 56/2010 s. 59. 10.4A.5 Notification of Commission of persons who are likely to become associates A gambling industry participant must notify the Commission in writing that a person is likely to become an associate of the participant of the kind referred to in section 1.4(1)(a) or (b) as soon as practicable after the participant becomes aware of the likelihood. S. 10.4A.6 inserted by No. 56/2010 s. 59. 10.4A.6 Notification of Commission of persons who have become associates A gambling industry participant must notify the Commission in writing of any person becoming an associate of the participant— (a) of the kind referred to in section 1.4(1)(a) or (b); and (b) in respect of whom no approval has been granted under section 10.4A.7— within 7 days after becoming aware that the person has become an associate. Division 3—Commission approval S. 10.4A.7 inserted by No. 56/2010 s. 59. 10.4A.7 Prior Commission approval required before certain persons become associates (1) A gambling industry participant must ensure that a person does not become an associate of the kind referred to in section 1.4(1)(a) or (b) except with the prior approval in writing of the Commission. (2) On application by a gambling industry participant, the Commission may grant its approval, but must not grant its approval unless satisfied that the person is suitable to be concerned in or associated with the gambling business of the gambling industry participant. S. 10.4A.7(2A) inserted by No. 64/2014 s. 35. (2A) An application for approval under this section— (3) In determining whether the person is a suitable person to be concerned in or associated with the gambling business of the gambling industry participant, the Commission must have regard to the associate suitability criteria. (4) If the Commission refuses to grant its approval— (a) the Commission must notify the gambling industry participant in writing; and (b) to the extent that it is within the gambling industry participant's power to do so, the participant must ensure— (i) that the person does not become an associate; or (ii) if the person becomes or has become an associate, that the person ceases to be an associate of the licensee within 28 days after the licensee is notified by the Commission under paragraph (a). (5) An approval under this section may be granted subject to any conditions that the Commission thinks fit. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application to approve a person to become an associate of a gambling industry participant. Division 4—Termination of associations, warnings and undertakings S. 10.4A.8 inserted by No. 56/2010 s. 59. 10.4A.8 Termination of association (a) a person is an associate of a gambling industry participant within the meaning of section 1.4(1)(a) or (b); and (b) the Commission, having regard to the associate suitability criteria, determines that the associate is unsuitable to be concerned in or associated with the gambling business of the gambling industry participant. (2) The Commission may, by notice in writing, require the associate to terminate the association with the gambling industry participant. (3) An associate who is given written notice under subsection (2) must terminate the associate's association with the gambling industry participant within 14 days or any longer period agreed with the Commission. (4) If the association is not terminated within 14 days after the date of the notice referred to in subsection (2) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the gambling industry participant to take all reasonable steps to terminate the association. (5) A gambling industry participant must comply with the direction under subsection (4) within 14 days or any longer period agreed with the Commission. S. 10.4A.9 inserted by No. 56/2010 s. 59. 10.4A.9 Written warnings and undertakings in relation to conduct of associates (1) If the Commission determines that an associate of a gambling industry participant 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 gambling business of the gambling industry participant, the Commission may— (a) issue a written warning to the associate that the conduct is unacceptable; or (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. (2) If the associate fails to give an undertaking required under subsection (1)(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 gambling industry participant. (3) If the association is not terminated within 14 days after the date of the notice referred to in subsection (2) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the gambling industry participant to take all reasonable steps to terminate the association. (4) A gambling industry participant must comply with the direction under subsection (3) within 14 days or any longer period agreed with the Commission. Division 5—Forfeiture and sale of shares in gambling industry participants S. 10.4A.10 inserted by No. 56/2010 s. 59. 10.4A.10 Disposal, forfeiture etc. of shares (1) This section applies if after considering a report under section 10.4A.14, the Minister considers that— (a) a person who is the subject of the report has a relevant interest in shares in a listed gambling industry participant and because of that interest is an associate of the participant of the kind referred to in section 1.4(1)(a); and (b) the person is not suitable to be concerned in or associated with the gambling business of the listed gambling industry participant (the ***unsuitable associate***). (2) The Minister may, by notice in writing served on— (a) if the unsuitable associate holds voting shares in the listed gambling industry participant in which the unsuitable associate has a relevant interest—the unsuitable associate; or (b) any other person who holds voting shares in the listed gambling industry participant in which the unsuitable associate has a relevant interest— declare that the unsuitable associate or that other person must, within a period specified in the notice, dispose of the relevant number of those shares or a specified number of those shares not exceeding the relevant number. (3) A period specified in a notice under subsection (2) must not be less than 3 months commencing on the day the notice is served. (4) For the purposes of subsection (2), the relevant number of shares that an unsuitable associate or other person may be required by a notice under that subsection to dispose of is the number of shares held by the unsuitable associate or other person that would need to be so disposed of in order to cause the unsuitable associate to cease to be an associate of the listed gambling industry participant. (5) For the purposes of this section, an unsuitable associate or other person is not to be taken to have disposed of shares in the listed gambling industry participant in which an unsuitable associate has a relevant interest unless and until the unsuitable associate or other person ceases to hold the shares and the unsuitable associate ceases to have a relevant interest in them. (6) If an unsuitable associate or other person served with a notice of a declaration under subsection (2) requiring the associate or person to dispose of shares in the listed gambling industry participant fails to comply with the notice within the period specified in the notice, the shares to which the notice relates are, by force of this subsection, forfeited to the State. (7) The Minister must cause written notice of a declaration under subsection (2) requiring an unsuitable associate or other person to dispose of shares in the listed gambling industry participant to be served on the listed gambling industry participant. S. 10.4A.11 inserted by No. 56/2010 s. 59. 10.4A.11 Sale of forfeited shares (1) The Commission is to sell any shares forfeited to the State under this Division. (2) For the purposes of any such sale, the Commission is not bound by any restriction on the sale of shares contained in the constitution of the gambling industry participant. (3) Any money realised from the sale of forfeited shares under this section must, after deduction of the reasonable costs of the forfeiture and sale, be paid to the person from whom the shares were forfeited. Division 6—Investigations for purposes of Divisions 4 and 5 S. 10.4A.12 inserted by No. 56/2010 s. 59. 10.4A.12 Investigation of associates and others (1) For the purposes of Divisions 4 and 5, the Commission may from time to time investigate— (a) an associate, a person likely to become an associate, or a person the Commission suspects is an associate of a gambling industry participant; or (b) any person, body or association having a business association with an associate of a gambling industry participant. (2) The Commission— S. 10.4A.12 (2)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.57). (a) may require an associate, a person likely to become an associate or a person the Commission suspects is an associate to consent to having the associate's or person's photograph, finger prints and palm prints taken; and (b) must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police. S. 10.4A.13 inserted by No. 56/2010 s. 59. 10.4A.13 Provision of information to Commission (1) For the purpose of any investigation under this Division, the Commission may, by notice in writing, require a regulated person— (a) to provide the Commission or an authorised person, in accordance with directions in the notice, with any information as is specified in the notice that is— (iii) otherwise required by the Commission; or (b) to produce to the Commission or an authorised person, in accordance with the directions in the notice, any records or documents specified in the notice that are— (iii) otherwise required by the Commission— and to permit examination of those records or documents, the taking of extracts from them and the making of copies of them; or (c) to attend before the Commission or an authorised person for examination, and to answer questions, in relation to any matters— (iii) otherwise required by the Commission. (2) If records or documents are produced under this section, the Commission or authorised person to whom they are produced may retain possession of the records or documents for such period as may reasonably be necessary to permit examination of the records or documents, the taking of extracts from them and the making of copies of them. (3) At any reasonable times during the period for which records or documents are retained, the Commission or authorised person must permit inspection of the records or documents by a person who would be entitled to inspect them if they were not in the possession of the Commission or an authorised person. (4) A person incurs, with a requirement of a notice under this section, no liability for breach of contract, breach of confidence or any other civil wrong. (a) a gambling industry participant; or (b) a person who in the opinion of the Commission is an associate of a gambling industry participant. S. 10.4A.14 inserted by No. 56/2010 s. 59. 10.4A.14 Reports to Minister (1) The Commission must make a written report to the Minister on any investigation under this Division if after that investigation the Commission considers that— (a) a person has a relevant interest in the shares in a listed gambling industry participant and because of that interest is an associate of the listed gambling industry participant of the kind referred to in section 1.4(1)(a); and (b) the person is not suitable to be concerned in or associated with the gambling business of the listed gambling industry participant. (2) The report must contain— (a) an explanation of the relevant interest the person has in the listed gambling industry participant and how, by having that interest, the person is an associate of the listed gambling industry participant; and (b) the reasons why the Commission considers that the person is not suitable to be concerned in or associated with the gambling business of the listed gambling industry participant. Part 5—Compliance and enforcement Division 1—Inspectors S. 10.5.1 amended by Nos 108/2004 s. 117(1) (Sch. 3 item 86.4), 40/2008 s. 24(2), 29/2009 s. 42(4), repealed by No. 58/2011 s. 85. Ss 10.5.2, 10.5.3 repealed by No. 58/2011 s. 85. S. 10.5.4 amended by No. 37/2014 s. 10(Sch. item 72.19). 10.5.4 Police may perform functions of inspectors A police officer may perform the functions of an inspector under this Act. S. 10.5.5 amended by No. 23/2025 s. 74(Sch. 1 item 2.58). 10.5.5 Responsibilities of inspectors while on duty An inspector must not participate in any of the following while on duty other than as required in the course of the inspector's employment— (a) gaming (within the meaning of Chapter 3); S. 10.5.5(b) repealed by No. 28/2022 s. 127(l). S. 10.5.5(c) amended by No. 1/2021 s. 73. (c) keno games. S. 10.5.6 repealed by No. 58/2011 s. 86. Division 2—Functions of inspectors 10.5.7 Functions of inspectors (1) The functions of inspectors are as follows— (a) for the purpose of determining compliance with any gaming Act and gaming regulations— (i) to inspect premises used in connection with any activity regulated by a gaming Act; (ii) to monitor the operation and management of any such activity; (iii) to examine machinery and equipment used and records kept in premises referred to in subparagraph (i); (b) to assist in any other manner, where necessary, in the detection of offences committed against a gaming Act or gaming regulations; (c) to report to the Commission as required; (d) any other functions conferred on inspectors by a gaming Act or gaming regulations. 10.5.8 Right of entry S. 10.5.8(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.59). (1) An inspector may enter and remain on any premises used in connection with any activity regulated by a gaming Act for the purposes of exercising the inspector's functions. (2) The power of entry may be exercised— (a) at any time when the premises are open to the public; or (b) with the written consent of the occupier, at any other time. S. 10.5.8(3) amended by No. 23/2025 s. 74(Sch. 1 item 2.60). (3) An inspector who enters premises under this section is not authorised to remain on the premises if, on the request of the occupier of the premises, the inspector does not show the inspector's identity card to the occupier. (4) If an occupier consents to the entry of premises under this section, the inspector must give the occupier a copy of the consent immediately. (5) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry. 10.5.9 Powers of inspectors (1) An inspector may do any one or more of the following— (a) require any person in possession of, or having control of, any machinery, equipment or records relating to an activity regulated by a gaming Act to produce the machinery, equipment or records for inspection and to answer questions or provide information relating to the machinery, equipment or records; (b) inspect any machinery, equipment or records referred to in paragraph (a) and take copies of, extracts from, or notes relating to, those records; (c) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any machinery, equipment or records; (d) by written notice require— (i) the holder of a licence, permit, approval or other authorisation under a gaming Act or a person listed on the Roll; or (ii) an employee of a person referred to in subparagraph (i); or (iii) any other person associated with operations or their management in premises the inspector is authorised to enter— to attend before the inspector at a specified time or place and answer questions, or to provide information within a reasonable period specified in the notice, with respect to any activity regulated by a gaming Act; (e) examine and test any machinery or equipment referred to in paragraph (a) and order the person in charge of the machinery or equipment to withdraw it from use if it is unsatisfactory for use; S. 10.5.9(1)(f) amended by Nos 37/2014 s. 10(Sch. item 72.19), 23/2025 s. 74(Sch. 1 item 2.61). (f) call to the inspector's assistance a police officer if the inspector is obstructed, or believes on reasonable grounds that the inspector will be obstructed, in the performance of the inspector's functions; (g) any other thing authorised by a gaming Act or gaming regulations to be done by an inspector. (2) If an inspector seizes anything under this section, it may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within a reasonable time after the seizure, with a copy of the records certified by an inspector as a true copy. (3) Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders. (4) A copy of records provided under subsection (2) is, as evidence, of equal validity to the records of which it is certified to be a copy. 10.5.10 Power to require names and addresses (1) An inspector who exercises a right of entry to premises under section 10.5.8 or under a search warrant may require a person on the premises to state the person's full name and residential address. S. 10.5.10(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.62). (2) An inspector is not authorised to require a person to state the person's name or address unless the inspector— (a) suspects on reasonable grounds that the person has committed an offence; and (b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement. (3) A person must comply with a requirement made in accordance with this section. 10.5.11 Inspector to investigate complaints (1) On receiving a complaint from a patron relating to the conduct of any activity regulated by a gaming Act, an inspector must forthwith investigate the complaint. (2) If, as a result of the investigation, the inspector is satisfied that there has been a contravention of a gaming Act or gaming regulations, the inspector— (a) must report the matter to the Commission in writing; and (b) subsequently must notify the person conducting the activity of the substance of the complaint and give them an opportunity to respond to the complaint within a reasonable period to be specified in the notice. (3) Subsection (2)(b) does not apply to a complaint in respect of which the Commission decides to take no further action. (4) The inspector must inform the complainant of the results of the investigation of the complaint and of any action taken as a consequence of it. 10.5.12 Search warrants S. 10.5.12(1) amended by Nos 25/2009 s. 14(1), 58/2011 s. 91(2). (1) An inspector, with the consent of a commissioner, may apply to a magistrate for the issue of a search warrant in relation to particular premises (including any vehicle on or in the premises) or a particular vehicle located in a public place, if the inspector believes on reasonable grounds that there are on the premises or on or in the vehicle any machinery, equipment or records— (a) in relation to which an offence against a gaming Act or gaming regulations has been, is being, or is likely to be, committed; or (b) that may be evidence of the commission of an offence against a gaming Act or gaming regulations. S. 10.5.12(2) amended by Nos 37/2014 s. 10(Sch. item 72.20(a)), 6/2018 s. 68(Sch. 2 item 59.3). (2) If a magistrate is satisfied by the evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting any of the matters referred to in subsection (1)(a) or (b), the magistrate may issue a search warrant authorising an inspector or police officer named in the warrant and any assistants the inspector or police officer considers necessary— S. 10.5.12(2)(a) amended by No. 25/2009 s. 14(2). (a) to enter the premises or the vehicle, or the part of premises or the vehicle, named or described in the warrant; and (b) to search for and seize any machinery, equipment or records named or described in the warrant. (3) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and S. 10.5.12 (3)(b) amended by No. 25/2009 s. 14(3). (b) the premises or vehicle to be searched; and (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act. (5) The rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section. S. 10.5.12(6) amended by Nos 58/2011 s. 91(2), 37/2014 s. 10(Sch. item 72.20(b)). (6) Despite subsection (1), a police officer does not require the consent of a commissioner to exercise the power of an inspector to apply for a search warrant under this section. 10.5.13 Announcement before entry S. 10.5.13(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.63(a)(i)). (1) Before executing a search warrant, the person named in the warrant or a person assisting that person must— S. 10.5.13(1)(a) amended by Nos 25/2009 s. 15(1), 23/2025 s. 74(Sch. 1 item 2.63 (a)(ii)). (a) announce that the person is authorised by the warrant to enter the premises or vehicle located in a public place, as the case requires; and S. 10.5.13 (1)(b) substituted by No. 25/2009 s. 15(2). (b) give any person at the premises, on the vehicle or in the vehicle an opportunity to allow entry to the premises or vehicle. S. 10.5.13(2) amended by Nos 25/2009 s. 15(3), 23/2025 s. 74(Sch. 1 item 2.63(b)). (2) The person named in the warrant or a person assisting that person need not comply with subsection (1) if the person believes on reasonable grounds that immediate entry to the premises or vehicle is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. S. 10.5.14 (Heading) amended by No. 25/2009 s. 16(1). S. 10.5.14 amended by No. 25/2009 s. 16(2)(3) (ILA s. 39B(1)). 10.5.14 Copy of warrant to be given to occupier or person in charge of vehicle (1) In the case of a warrant issued in respect of premises, if the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the inspector must— S. 10.5.14(1)(a) substituted by No. 23/2025 s. 74(Sch. 1 item 2.64). (a) produce the inspector's identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. S. 10.5.14(2) inserted by No. 25/2009 s. 16(3). (2) In the case of a warrant issued in respect of a vehicle in a public place, if there is a person in charge of the vehicle when a search warrant is being executed, the inspector must— S. 10.5.14(2)(a) substituted by No. 23/2025 s. 74(Sch. 1 item 2.64). (a) produce the inspector's identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. S. 10.5.14A inserted by No. 25/2009 s. 17, repealed by No. 28/2022 s. 120. S. 10.5.14B inserted by No. 1/2021 s. 74. 10.5.14B Application of Division to personal electronic devices Nothing in this Division authorises or permits an inspector to— (a) inspect or seize a personal electronic device that is or may be used to participate in gambling authorised by or under this Act or another Act; or (b) require a person to answer questions or provide information in relation to any such device. Division 3—Offences 10.5.15 Offences relating to obstruction of inspectors S. 10.5.15(a) amended by No. 37/2014 s. 10(Sch. item 72.21(a)). (a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector or a police officer when the inspector or police officer is performing or attempting to perform functions under a gaming Act or gaming regulations; or S. 10.5.15(b) amended by Nos 37/2014 s. 10(Sch. item 72.21(b)), 23/2025 s. 74(Sch. 1 item 2.65). (b) fail, without reasonable excuse, to produce for inspection any machinery, equipment or records in the possession or under the control of the person when required so to do by an inspector or police officer in the performance of the inspector's or police officer's functions under a gaming Act or gaming regulations; or S. 10.5.15(c) amended by Nos 37/2014 s. 10(Sch. item 72.21(c)), 23/2025 s. 74(Sch. 1 item 2.65). (c) fail, without reasonable excuse, to attend before an inspector or police officer and answer questions or supply information when required so to do by the inspector or police officer in the performance of the inspector's or police officer's functions under a gaming Act or gaming regulations; or S. 10.5.15(d) amended by No. 37/2014 s. 10(Sch. item 72.21(d)). (d) except with the permission of an inspector or police officer, take any machinery, equipment or records seized, impounded or retained under the authority of a gaming Act or gaming regulations; or S. 10.5.15(e) amended by No. 37/2014 s. 10(Sch. item 72.21(e)). (e) fail to comply with a direction of an inspector or police officer under a gaming Act or gaming regulations to cease to have available for use any machinery or equipment considered by the inspector or police officer to be unsatisfactory for use; or S. 10.5.15(f) amended by No. 37/2014 s. 10(Sch. item 72.21(f)). (f) prevent, directly or indirectly, a person from attending before an inspector or police officer, producing to an inspector or police officer any machinery, equipment or records or answering any question of, or supplying any information to, an inspector or officer when that person is required to do so under a gaming Act or gaming regulations. 10.5.16 False or misleading information (a) in, or in relation to, an application for a licence, permit, approval or other authorisation under a gaming Act, or an application for listing on the Roll; or (b) in purported compliance with the requirements of a notice under a gaming Act or gaming regulations; or (c) in answer to a question asked by an inspector in the exercise of the functions of an inspector; or S.10.5.16(1)(d) amended by No. 54/2021 s. 33(a). (d) in purporting to provide information that the person has been authorised to provide; or S.10.5.16(1)(e) inserted by No. 54/2021 s. 33(b). (e) in a notice given under section 27A of the **Casino Control Act 1991**— give information that is false or misleading in a material particular. (2) It is a defence to a prosecution of a person for an offence under subsection (1) if it is proved that, at the time the information was given, the person believed, on reasonable grounds— (a) in the case of false information—that the information was true; or (b) in the case of misleading information—that the information was not misleading. 10.5.17 Impersonation of inspectors or commissioners A person must not impersonate an inspector or a commissioner. 1. 120 penalty units or imprisonment for 2 years or both. 10.5.18 Bribery of authorised person (1) An authorised person must not corruptly ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the authorised person or any other person— S.10.5.18(1)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.66(a)). (a) so that the authorised person will forego or neglect to perform the authorised person's functions under a gaming Act or in order to influence the authorised person in the performance of those functions; or S.10.5.18(1)(b) amended by No. 23/2025 s. 74(Sch. 1 item 2.66(b)). (b) on account of any thing already done or omitted to be done or to be afterwards done or omitted to be done by the authorised person in the performance of the authorised person's functions under a gaming Act; or S.10.5.18(1)(c) amended by No. 23/2025 s. 74(Sch. 1 item 2.66(b)). (c) for the authorised person to use or take advantage of the authorised person's position improperly to gain any benefit or advantage for or facilitate the commission of an offence by another person. 1. 600 penalty units or imprisonment for 2 years or both. (2) A person must not corruptly give to, confer on or procure for, or promise or offer to give to, confer on or procure for, an authorised person or any other person any money, property or benefit of any kind— S.10.5.18(2)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.66(a)). (a) so that the authorised person will forego or neglect to perform the authorised person's functions under a gaming Act or in order to influence the authorised person in the performance of those functions; or S.10.5.18(2)(b) amended by No. 23/2025 s. 74(Sch. 1 item 2.66(b)). (b) on account of any thing already done or omitted to be done or to be afterwards done or omitted to be done by the authorised person in the performance of the authorised person's functions under a gaming Act; or S.10.5.18(2)(c) amended by No. 23/2025 s. 74(Sch. 1 item 2.66(b)). (c) for the authorised person to use or take advantage of the authorised person's position improperly to gain any benefit or advantage for or facilitate the commission of an offence by the first-mentioned person or any other person. 1. 600 penalty units or imprisonment for 2 years or both. 10.5.19 Protection against self-incrimination (1) It is a reasonable excuse for a person to refuse or fail to answer questions or provide information that the person is required to answer or provide by or under a gaming Act if the answering of the question or provision of the information would tend to incriminate the person. (2) It is not a reasonable excuse for a person to refuse or fail to produce any machinery, equipment or records that a person is required to produce by or under a gaming Act on the ground that the production of the machinery, equipment or records would tend to incriminate the person. (3) If the person claims, before producing the machinery, equipment or records, that production of the machinery, equipment or records would tend to incriminate them, the equipment or records are not admissible in evidence against the person in criminal proceedings. (4) This section is subject to sections 2.5.40(2)(f), 5.6.4(2) and 7.7.3(4). Division 4—Infringement notices 10.5.20 Power to serve a notice S. 10.5.20(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.67). (1) An inspector may serve an infringement notice on any person that the inspector has reason to believe has committed an offence against a gaming Act or gaming regulations that is prescribed by the regulations as an offence in respect of which an infringement notice may be issued. S. 10.5.20(2) substituted by No. 32/2006 s. 94(Sch. item 22(1)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. S. 10.5.21 substituted by No. 32/2006 s. 94(Sch. item 22(2)). 10.5.21 Prescribed infringement penalty The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty in respect of the offence. Ss 10.5.22–10.5.26 repealed by No. 32/2006 s. 94(Sch. item 22(3)). 10.5.27 Proof of prior convictions (1) If a person is served with a summons for an infringement and it is alleged that the person has been previously convicted of any infringement or infringements, there may be served with the summons a separate document in the prescribed form signed by the informant setting out particulars of the alleged prior convictions. (2) The document setting out the alleged prior convictions— (a) must be endorsed with a notice in the prescribed form; and (b) may be served in any manner in which the summons for the infringement may be served. (3) If the court by which any person has been convicted is satisfied that a copy of any such document was served on that person at least 14 days before the hearing of the charge, the document is admissible in evidence and, in the absence of evidence to the contrary, is proof— (a) that the person was convicted of the offences alleged in the document; and (b) of the particulars relating to the convictions set out in the document. S. 10.5.27(4) amended by No. 68/2009 s. 97(Sch. item 62.14). (4) Any such document may not be tendered in evidence without the consent of the accused if the accused is present at the hearing of the charge. S. 10.5.27(5) amended by No. 68/2009 s. 97(Sch. item 62.15). (5) If any evidence of prior convictions is tendered under this section, the court may set aside, on any terms as to costs or otherwise that the court decides, any conviction or order if it has reasonable grounds to believe that the document tendered in evidence was not in fact brought to the notice of the accused or that the accused was not in fact convicted of the offences as alleged in the document. S. 10.5.27(6) amended by No. 68/2009 s. 97(Sch. item 62.16). (6) Subsection (5) does not limit the generality of Part 3.4 of Chapter 3 of the **Criminal Procedure Act 2009**. ***infringement*** means an offence in respect of which an infringement notice may be issued. Section 10.5.20(1) provides that infringement notices may be issued in respect of certain offences prescribed by the regulations. Division 5—Forfeiture 10.5.28 Forfeiture (1) If instruments of gaming or money or securities for money— (a) are lawfully seized under a gaming Act; or (b) are found in the possession or control of a person found committing an offence against a gaming Act or gaming regulations— the Magistrates' Court may order that the instruments of gaming or money or securities for money are forfeited to the State. S. 10.5.28(2) substituted by No. 3/2016 s. 94. (2) An appeal against an order of forfeiture under subsection (1) may be made— (a) to the County Court; or S. 10.5.28 (2)(b) amended by No. 1/2022 s. 94. (b) if the order was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal. (3) Any property forfeited under this section must be sold or otherwise disposed of in accordance with the directions of the Magistrates' Court. S. 10.5.28(4) amended by No. 45/2004 s. 38. (4) The proceeds, if any, of the sale or disposal must be paid into the Consolidated Fund. 10.5.29 Seizure and forfeiture of equipment S. 10.5.29(1) amended by No. 58/2009 s. 141(1). (1) An inspector may seize without a warrant any equipment that the inspector reasonably suspects is gaming equipment or monitoring equipment that is not authorised under a gaming Act to be in the premises. S. 10.5.29(2) amended by No. 37/2014 s. 10(Sch. item 72.22). (2) A police officer or inspector may apply to a court not less than 28 days after seizure of equipment for an order that the equipment seized under subsection (1) be forfeited to the State. S. 10.5.29(3) amended by No. 58/2009 s. 141(1). (3) On an application under subsection (2), the court must order that the equipment be forfeited to the State if the court is satisfied that the equipment is gaming equipment or monitoring equipment that is not authorised under a gaming Act to be in the premises, regardless of whether a charge has been filed in relation to the equipment or whether a person has been convicted of an offence in relation to the equipment. (4) The owner of equipment seized under subsection (1) may apply within 28 days of the seizure to a court for the return of the equipment. (5) On an application under subsection (4), the court must order that the equipment be returned to its owner if the court is satisfied that the equipment— S. 10.5.29(5)(a) substituted by No. 58/2009 s. 141(2). (a) is not, as the case requires, gaming equipment or monitoring equipment; or S. 10.5.29 (5)(b) substituted by No. 58/2009 s. 141(2). (b) is, as the case requires, gaming equipment or monitoring equipment authorised under a gaming Act to be on the premises. (6) If the owner of equipment seized under subsection (1) does not apply for the return of the equipment within 28 days of the seizure, the equipment is forfeited to the State. (7) Any equipment forfeited under this section must be sold or otherwise disposed of in accordance with the directions of the court. (8) The proceeds (if any) of the sale or disposal must be applied as if they were penalties. Division 6—Prosecutions and evidentiary provisions 10.5.30 Offences by bodies (1) If a body (whether incorporated or not) contravenes any provision of a gaming Act or gaming regulations, each executive officer of the body is to be taken to have contravened the same provision if the executive officer knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body has been proceeded against or convicted under that provision. (3) Nothing in this section affects any liability imposed on a body for an offence committed by the body against a gaming Act or gaming regulations. 10.5.31 Proceedings (1) A proceeding for an offence against a gaming Act or gaming regulations may only be brought by— S. 10.5.31(1)(a) amended by No. 37/2014 s. 10(Sch. item 72.22). (a) a police officer; or (b) the Commission; or (c) a person authorised to do so, either generally or in a particular case, by the Commission. (2) In a proceeding for an offence against a gaming Act or gaming regulations it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it. 10.5.32 Evidence (1) In proceedings under a gaming Act, an assertion— (a) that, at a specified time or during a specified period, a specified person was the Minister administering any Act; or (b) that, at a specified time or during a specified period, a specified person held, or is acting in, a specified office; or S. 10.5.32(1)(c) amended by No. 37/2014 s. 10(Sch. item 72.22). (c) that a signature purporting to be the signature of a Minister, a commissioner, an inspector, a police officer or an authorised person is the signature it purports to be; or S. 10.5.32 (1)(d) amended by No. 58/2009 s. 142(12). (d) that, at a specified time or during a specified period, a specified person was, or was not, the holder of a specified licence, permit, approval or other authorisation under a gaming Act— S. 10.5.32(1)(e) repealed by No. 71/2008 s. 29(c). is evidence of the fact or facts asserted. S. 10.5.32(1A) inserted by No. 71/2008 s. 30, amended by No. 68/2009 s. 97(Sch. item 62.17). (1A) In proceedings under a gaming Act, an assertion that, at a specified time, a person attained a specified age or that, at a specified time or during a specified period, a specified person was under or over a specified age is evidence of the truth of the assertion unless the accused denies the assertion. (2) In proceedings under a gaming Act— (a) a document purporting to be a copy of a direction, notice, order, requirement or decision given or made under a gaming Act is evidence of a direction, notice, order, requirement or decision of which it purports to be a copy; and (b) a document purporting to be a copy of a licence, permit, approval or other authorisation under a gaming Act is evidence of the licence, permit, approval or authorisation of which it purports to be a copy; and (c) evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document. Ch. 10 Pt 6 (Headings and ss 10.6.1–10.6.10) inserted by No. 72/2007 s. 49. Part 6—Self exclusion programs and Responsible Gambling Codes of Conduct Ch. 10 Pt 6 Div. 1 (Heading and ss 10.6.1–10.6.4) inserted by No. 72/2007 s. 49, amended by No. 71/2008 s. 17, substituted by No. 62/2017 s. 64. Division 1—Self-exclusion programs S. 10.6.1 substituted by No. 62/2017 s. 64. 10.6.1 Ministerial direction about self-exclusion programs (1) The Minister may give a direction in relation to— (a) the standards and requirements that must be met by a self-exclusion program conducted by or at the request of a venue operator; and (b) how a self-exclusion program must be monitored and reported on. (2) A direction under subsection (1) is to be given by publishing the direction in the Government Gazette. (3) A direction under subsection (1) takes effect on a day specified in the direction. S. 10.6.2 substituted by No. 62/2017 s. 64. 10.6.2 Change in Ministerial direction about self‑exclusion programs (1) This section applies if the Minister— (a) gives a direction under section 10.6.1(1) (the ***old direction***); and (b) subsequently— (i) varies the old direction; or (ii) revokes the old direction and gives a new direction under section 10.6.1(1). (2) During the period of 6 months beginning on the day on which the variation or new direction takes effect, a venue operator who complies with the old direction as in force immediately before that day is taken to be complying with the varied or new direction. S. 10.6.3 substituted by No. 62/2017 s. 64. 10.6.3 Review of direction about self-exclusion programs (1) During each period specified in subsection (2), the Minister must cause a review to be undertaken of the operation of the direction under section 10.6.1(1) during that period. (2) The review must be undertaken within each consecutive period of 5 years, the first of which begins on the day on which the first direction is given under section 10.6.1(1). (3) The review is to be a review of how effectively the self-exclusion programs assist people to exclude from approved venues and limit their access to gaming. (4) A failure to undertake a review in accordance with this section does not affect the validity of any direction under section 10.6.1(1). S. 10.6.4 substituted by No. 62/2017 s. 64. 10.6.4 Regulations prevail over direction A direction under section 10.6.1(1) is of no effect to the extent that it is inconsistent with regulations made for or with respect to Part 4B in Schedule 1. Division 2—Responsible Gambling Codes of Conduct S. 10.6.5 inserted by No. 72/2007 s. 49. 10.6.5 Definition S. 10.6.5 def. of *relevant person* amended by Nos 40/2008 s. 33, 71/2008 s. 16, 25/2009 s. 50, 1/2021 s. 75, 28/2022 ss 121, 127(m), 13/2023 s. 87. (a) a venue operator; (ca) a wagering and betting licensee; (cb) a registered bookmaker; (d) a public lottery licensee or temporary public lottery licensee; (da) a keno licensee; (e) a holder of a commercial raffle organiser's licence; (f) a bingo centre operator; (g) a casino operator. S. 10.6.6 inserted by No. 72/2007 s. 49, amended by No. 4/2014 s. 45, substituted by No. 62/2017 s. 53. 10.6.6 Ministerial direction about Responsible Gambling Codes of Conduct (1) The Minister may give a direction in relation to— (a) the standards and requirements that a Responsible Gambling Code of Conduct implemented by a relevant person must meet; and (b) the content that must be included in a Responsible Gambling Code of Conduct implemented by a relevant person. (2) A direction under subsection (1) may be given in respect of— (a) a specified relevant person; or (b) relevant persons of a specified class. (3) A direction under subsection (1) is to be given by publishing the direction in the Government Gazette. (4) A direction under subsection (1) takes effect on a day specified in the direction. S. 10.6.7 inserted by No. 72/2007 s. 49, substituted by No. 62/2017 s. 53. 10.6.7 Change in Ministerial direction about Responsible Gambling Codes of Conduct (1) This section applies if the Minister— (a) gives a direction under section 10.6.6(1) (the ***old direction***) that applies to a relevant person; and (b) subsequently— (i) varies the old direction; or (ii) revokes the old direction and gives a new direction under section 10.6.6(1) that also applies to the relevant person. (2) During the period of 6 months beginning on the day on which the variation or new direction takes effect, if the relevant person complies with the old direction as in force immediately before that day, they are taken to be complying with the varied or new direction. S. 10.6.8 inserted by No. 72/2007 s. 49, substituted by No. 62/2017 s. 53. 10.6.8 Review of direction about Responsible Gambling Codes of Conduct (1) During each period specified in subsection (2), the Minister must cause a review to be undertaken of the operation of directions under section 10.6.6(1). (2) The review must be undertaken within each consecutive period of 5 years, the first of which begins on the day on which the first direction is given under section 10.6.6(1). (3) The review is to be a review of how effectively the Responsible Gambling Codes of Conduct— (a) ensure that gambling products are supplied in a responsible manner; and (b) promote practices that support and encourage responsible gambling; and (c) assist in minimising harm caused by gambling. (4) A failure to undertake a review in accordance with this section does not affect the validity of any directions under section 10.6.6(1). S. 10.6.9 inserted by No. 72/2007 s. 49, substituted by No. 62/2017 s. 53. 10.6.9 Regulations prevail over direction A direction under section 10.6.6(1) is of no effect to the extent that it is inconsistent with regulations made for or with respect to Part 4C in Schedule 1. S. 10.6.9A inserted by No. 71/2008 s. 18, repealed by No. 62/2017 s. 54. Ch. 10 Pt 6 Div. 3 (Heading and s. 10.6.10) inserted by No. 72/2007 s. 49, repealed by No. 20/2018 s. 68. Ch. 10 Pt 7 (Heading and ss 10.7.1–10.7.13) inserted by No. 71/2008 s. 31. Part 7—Minors S. 10.7.1 inserted by No. 71/2008 s. 31. 10.7.1 Definitions (1) In this Part— ***acceptable proof of age*** for a person means documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age; S. 10.7.1(1) def. of *allow a minor to gamble* amended by Nos 1/2021 s. 76(a), 28/2022 s. 127(n)(i). ***allow a minor to gamble*** means— (a) accept a bet from, or give or send a ticket or acknowledgement in respect of a bet to, any minor; or (b) allow a minor to play a gaming machine in any area of an approved venue; or (c) sell a ticket in a public lottery to a minor; or (d) accept an entry in a public lottery from a minor; or (g) sell a ticket in a keno game to a minor; or (h) accept an entry in a keno game from a minor; or (j) allow a minor to play a gaming machine or other game, or participate in an approved betting competition, in a casino; S. 10.7.1(1) def. of *bookmaker's clerk* repealed by No. 73/2008 s. 29(1)(a). S. 10.7.1(1) def. of *gamble* amended by Nos 73/2008 s. 29(1)(b), 1/2021 s. 76(b), 28/2022 s. 127(n)(ii). ***gamble*** means— (a) make a bet in a totalisator or approved betting competition; or (b) buy a ticket in a totalisator or approved betting competition; or (c) play a gaming machine in any area of an approved venue; or (e) buy a ticket in a keno game; or (g) make a bet with a registered bookmaker or registered bookmaker's key employee; or (h) play a gaming machine or other game, or participate in an approved betting competition, in a casino; or (i) buy a ticket in a public lottery; ***gambling employee*** means a person employed by a gambling provider who performs functions or duties in relation to the provision of gambling; S. 10.7.1(1) def. of *gambling provider* amended by Nos 28/2022 ss 122, 127(o), 144, 13/2023 s. 88. ***gambling provider*** means— (b) a wagering and betting licensee or wagering and betting operator; or (ba) an agent of a wagering and betting licensee or wagering and betting operator; or (c) a venue operator; or (d) a public lottery licensee; or (e) a casino operator; or (g) a keno licensee. (2) For the avoidance of doubt, a reference in subsection (1) to the buying or selling of a ticket includes the buying or selling of a ticket through a vending machine. S. 10.7.2 inserted by No. 71/2008 s. 31. 10.7.2 Application of Part Nothing in this Part applies to any of the following— (a) the distribution of property among its owners if— (i) the property is capable of being fairly apportioned among all the owners; and (ii) the property is proposed to be apportioned equally so far as practicable among all the owners; (b) a scheme— (i) which is not for the promotion of a trade or business; and (ii) in which all participation is gratuitous; (c) a private raffle among persons engaged in common employment under the same employer if— (i) the net proceeds of the raffle are intended to be appropriated to the provision of amenities for persons in that employment; and (ii) the value of the prize does not exceed $5000; (d) a competition based on predicting the results of a sporting event or to a sweepstake if the competition or sweepstake— (i) is not of a commercial nature; and (ii) does not result in the distribution of prizes having a total value of more than $5000; (e) a trade promotion lottery. S. 10.7.3 inserted by No. 71/2008 s. 31. 10.7.3 Offences in respect of allowing a minor to gamble (1) A gambling provider must not allow a minor to gamble. S. 10.7.3(2) amended by Nos 28/2022 s. 145, 13/2023 s. 89. (2) A gambling employee or an agent of a gambling provider (other than an agent of a wagering and betting licensee or wagering and betting operator) must not knowingly allow a minor to gamble. (3) A registered bookmaker must not allow a minor to gamble. 1. In the case of a body corporate, 120 penalty units; In any other case, 20 penalty units. S. 10.7.3(4) amended by No. 73/2008 s. 29(2). (4) A registered bookmaker's key employee must not allow a minor to gamble. S. 10.7.4 inserted by No. 71/2008 s. 31. 10.7.4 Offence to assist minor to gamble (1) A person must not knowingly assist a minor or enable a minor to gamble. (2) A person must not knowingly assist a minor or enable a minor to obtain entry to or remain in a gaming machine area of an approved venue. (3) A person must not knowingly assist a minor or enable a minor to obtain entry to or remain in a casino. S. 10.7.4(4) amended by No. 73/2008 s. 29(3). (4) This section does not apply to a person in their capacity as a gambling provider, gambling employee, agent of a gambling provider, registered bookmaker or registered bookmaker's key employee. S. 10.7.5 inserted by No. 71/2008 s. 31. 10.7.5 Offence by minor to gamble A minor must not gamble. S. 10.7.6 inserted by No. 71/2008 s. 31. 10.7.6 Offences in respect of minors in a gaming machine area or casino (1) If a minor enters a gaming machine area of an approved venue, the venue operator is guilty of an offence and liable to a penalty of not more than 120 penalty units. (2) If a gambling employee of a venue operator knowingly allows a minor to enter a gaming machine area of an approved venue, the gambling employee is guilty of an offence and liable to a penalty of not more than 20 penalty units. (3) If a minor enters a casino, the casino operator is guilty of an offence and liable to a penalty of not more than 120 penalty units. (4) If a gambling employee of a casino operator knowingly allows a minor to enter a casino, the gambling employee is guilty of an offence and liable to a penalty of not more than 20 penalty units. S. 10.7.7 inserted by No. 71/2008 s. 31. 10.7.7 Offence by minor to enter gaming machine area or casino (1) A minor must not enter or remain in a gaming machine area of an approved venue. (2) A minor must not enter or remain in a casino. S. 10.7.8 inserted by No. 71/2008 s. 31. 10.7.8 Offence by minor using false evidence of age (1) A minor must not use any evidence that is false in a material particular in relation to the minor in order to gamble. (2) A minor must not use any evidence that is false in a material particular in relation to the minor in order to obtain entry to or remain in a gaming machine area of an approved venue. (3) A minor must not use any evidence that is false in a material particular in relation to the minor in order to obtain entry to or remain in a casino. S. 10.7.9 inserted by No. 71/2008 s. 31. 10.7.9 Notices to be displayed (1) The Commission, by written direction given to a gambling provider or registered bookmaker, may require the gambling provider or registered bookmaker to display notices in accordance with this section in relation to gambling by minors. (2) The Commission may specify the content, size, format, location and manner of display of any notice. (3) A gambling provider or registered bookmaker must cause to be displayed any notice that the Commission directs under subsection (1). (4) The Commission must cause a copy of any direction given under subsection (1) to be made available on its website as soon as practicable after giving the direction. S. 10.7.10 inserted by No. 71/2008 s. 31. 10.7.10 Supervision of vending machines A gambling provider must ensure that any vending machine used to gamble is at all times reasonably supervised by a gambling employee or an agent of the gambling provider. S. 10.7.11 inserted by No. 71/2008 s. 31, amended by No. 23/2025 s. 74(Sch. 1 item 2.68). 10.7.11 No offence if gambling employee a minor Despite anything to the contrary in this Part or the **Sentencing Act 1991**, a gambling employee who is a minor does not commit an offence if, in the employee's capacity as a gambling employee, the employee contravenes a provision of this Part. S. 10.7.12 inserted by No. 71/2008 s. 31, amended by No. 68/2009 s. 97(Sch. item 62.18), substituted by No. 18/2025 s. 15. 10.7.12 Exceptions to offences in this Part (1) A person does not commit an offence against section 10.7.3, 10.7.4 or 10.7.6 if— (a) the minor concerned is above the age of 14 years at the time of the acts that would constitute the offence; and (b) immediately before those acts, there was produced to the person acceptable proof of age for the minor. (2) A person does not commit an offence against section 10.7.4(2), 10.7.4(3), 10.7.6 or 10.7.7 if— (a) the minor concerned is an apprentice within the meaning of Part 5.5 of the **Education and Training Reform Act 2006**; and (b) the minor's entry into the gaming machine area of the approved venue or casino is for the purpose only of the minor receiving training or instruction as an apprentice. S. 10.7.13 inserted by No. 71/2008 s. 31. 10.7.13 Proof of age may be required (1) If an authorised person has reasonable cause to suspect that a person in an approved venue or casino is a minor the authorised person may— S. 10.7.13(1)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.69(a)). (a) require the person in the approved venue or casino to state the person's correct age, name and address; and (b) if it is suspected on reasonable grounds that the age, name or address given in response to the requirement is false, require the person to produce evidence of its correctness. (2) A person must not fail to comply with a requirement under subsection (1)(a) and must not, without reasonable cause, fail to comply with a requirement under subsection (1)(b). (3) It is not an offence to fail to comply with a requirement under subsection (1) if the person who made the requirement did not inform the person of whom the requirement was made, at the time it was made, that it is an offence to fail to comply with the requirement. S. 10.7.13(4) amended by Nos 37/2014 s. 10(Sch. item 72.23(a)), 23/2025 s. 74(Sch. 1 item 2.69(b)). (4) If a person contravenes subsection (2), a police officer may arrest the person without warrant and bring the person before a magistrate to be dealt with according to law. S. 10.7.13(5) def. of *authorised person* amended by No. 37/2014 s. 10(Sch. item 72.23(b)). ***authorised person*** means— (a) the person for the time being in charge of an approved venue; (b) the person for the time being in charge of a casino; (c) an agent of the venue operator; (d) an agent of the casino operator; (e) a holder of a gaming industry employee's licence; (f) a casino employee within the meaning of the **Casino Control Act 1991**; (g) an inspector; (h) a police officer. Chapter 11—General Part 1—Administrative provisions Division 1—Service of documents 11.1.1 Service of documents on Commission (1) A document may be served on the Commission by sending it by post to the principal office of the Commission or leaving it at the office with a person authorised in writing by the Commission to accept service of documents on behalf of the Commission. (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Commission in any other manner. S. 11.1.2 amended by No. 7/2006 s. 13. 11.1.2 Service of documents on other persons If, by or under a gaming Act or gaming regulations, a document is required or permitted to be served on, or given or sent to, a person other than the Commission, the document may be served, given or sent— (a) in the case of a natural person— (i) by delivering it personally to the person; or (ii) by leaving it at the person's usual or last known place of residence with a person apparently over the age of 16 years and apparently residing there; or S. 11.1.2(a)(iii) substituted by No. 27/2013 s. 20, amended by No. 23/2025 s. 74(Sch. 1 item 2.70). (iii) by sending it by post to the person at the person's usual or last known place of residence or business; or (b) in the case of a company or other body—by leaving it at, or sending it by post to— (i) the registered office of the company or business; or (ii) a place of business of the company or body— whether in Victoria or elsewhere; or (c) in any case—in a manner of service prescribed by any other Act or law in relation to the person or persons of a class that include the person. Division 2—Records and forms 11.1.3 Records not kept in writing (1) This section applies to a record that— (a) is not in writing; or (b) is not written in the English language; or (c) is not decipherable on sight. (2) A requirement under a gaming Act to produce such a record is to be considered to be a requirement to produce (in addition to the record if it is in writing or instead of the record if it is not in writing) a statement written in the English language and decipherable on sight containing the whole of the information in the record. 11.1.4 Sufficient compliance with approved forms If a gaming Act or gaming regulations require anything to be in the form approved by the Commission, any form in or to the like effect as the approved form is sufficient compliance with the requirement. Division 3—General 11.1.5 Destruction of finger prints and palm prints (1) Any finger prints or palm prints obtained by the Commission under a gaming Act and any copies of them must be destroyed by the Commission as soon as the Commission has no further use for them. (2) The Commission is to be considered to have no further use for them if— (a) they were obtained in connection with an application for a licence, permit, approval or other authorisation under a gaming Act or gaming regulations and the application is refused; or (b) the licence, permit, approval or authorisation in connection with which they were obtained is cancelled, revoked, surrendered or no longer in force; or (c) they were obtained in connection with a person's application for listing on the Roll and— (i) the application is refused; or (ii) the person's name is removed from the Roll; or (d) they were obtained in connection with the appointment or employment of a person as— (i) a commissioner; or (ii) an inspector; or (iii) an employee or member of staff referred to in section 10.1.25— and the person is not so appointed or employed or is no longer so appointed or employed. (3) A person who has possession of finger prints or palm prints obtained by the Commission under a gaming Act, or copies of them, must deliver them to the Commission, in accordance with the directions of the Commission, so as to enable the Commission to comply with subsection (1). 11.1.6 Refund of fees If an application under this Act is refused or is withdrawn by the applicant, the Commission at its discretion may refund the whole or part of the application fee, if any, and the Consolidated Fund is appropriated to the necessary extent for the payment to be made. S. 11.1.7 amended by No. 54/2004 s. 10 (ILA s. 39B(1)). 11.1.7 Supreme Court—limitation of jurisdiction S. 11.1.7(1) amended by No. 56/2010 s. 56(1). (1) It is the intention of section 3.2.5 to alter or vary section 85 of the **Constitution Act 1975**. S. 11.1.7(2) inserted by No. 54/2004 s. 10, repealed by No. 56/2010 s. 56(2), new s. 11.1.7(2) inserted by No. 58/2015 s. 11. (2) It is the intention of section 3.8A.25 to alter or vary section 85 of the **Constitution Act 1975**. S. 11.1.8 inserted by No. 40/2008 s. 25. 11.1.8 No entitlement to or legitimate expectation of licence For the avoidance of doubt, a person does not have any entitlement to, or legitimate expectation of, the grant of a wagering and betting licence or keno licence only because the person is or was— (a) the holder of the wagering licence and gaming licence that were issued on 15 August 1994; or (b) the holder of a gaming operator's licence; or (c) an agent or associate of a person described in paragraph (a) or (b). Part 2—Regulations 11.2.1 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act including, but not limited to, the matters and things specified in Schedule 1. (2) Regulations made under this Act— (a) may be of general or specially limited application; and (b) may differ according to differences in time, place or circumstances; and (c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and S. 11.2.1(2)(d) amended by No. 58/2015 s. 12. (d) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister, the Commission or a person belonging to a class of persons specified in the regulations; and (e) may impose penalties not exceeding 20 penalty units for a contravention of the regulations. (3) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum fees; (c) minimum fees; S. 11.2.1(3)(d) amended by No. 104/2004 s. 39(5)(w), substituted by No. 64/2014 s. 36. (d) fees that vary according to different classes of— (i) applicants; or (ii) gambling industry participants; or (iii) gambling authorisations; or (iv) premises; S. 11.2.1 (3)(da) inserted by No. 64/2014 s. 36. (da) scales of fees according to the value of the services to which the fees relate; (e) the manner of payment of fees; (f) the time or times at which fees are to be paid. (4) The regulations are subject to disallowance by a House of the Parliament. (5) 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— (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 (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. (6) Any regulation made in contravention of subsection (5) is void and of no effect. Ch. 12 (Heading) amended by No. 54/2004 s. 12(4). Chapter 12—Amendments, repeals and transitional and other provisions Ch. 12 Pt 1 (Heading) repealed by No. 43/2012 s. 3(Sch. item 22.4). Ss 12.1.1–12.1.4 repealed by No. 29/2011 s. 3(Sch. 1 item 42.3). S. 12.1.5 amended by No. 29/2009 s. 43, repealed by No. 29/2011 s. 3(Sch. 1 item 42.3). Part 2—Transitional provisions 12.2.1 Transitional provisions