Part 12Amendments, repeals and transitional and other provisions 1047

Chapter 12—Amendments, repeals and transitional and other provisions 1047 Part 2—Transitional provisions 1048 12.2.1 Transitional provisions 1048 Schedules 1050 Schedule 1—Subject matter for regulations 1050 Schedule 2—Modifications of Tasmanian Act 1065 Schedule 3—Modifications of Tasmanian regulations 1068 Schedule 4—Forms for Chapter 2 1069 Schedule 5—Municipal districts within metropolitan Melbourne 1071 Schedule 7—Transitional provisions 1073 Endnotes 1183 1 General information 1183 2 Table of Amendments 1185 3 Explanatory details 1200 **Version No.** **110** **No. 114 of 2003** Version incorporating amendments as at **The Parliament of Victoria enacts as follows:** Chapter 1—Preliminary 1.1 Purpose, objectives and outline S. 1.1(1) amended by No. 58/2011 s. 69(1). (1) The main purpose of this Act is to re-enact and consolidate the law relating to various forms of gambling. (2) The main objectives of this Act are— (a) to foster responsible gambling in order to— (i) minimise harm caused by problem gambling; and (ii) accommodate those who gamble without harming themselves or others; S. 1.1(2)(ab) inserted by No. 71/2008 s. 3(a). (ab) to ensure that minors are neither encouraged to gamble nor allowed to do so; (b) to ensure that gaming on gaming machines is conducted honestly; S. 1.1(2)(c) amended by No. 58/2009 s. 112(1). (c) to ensure that the management of gaming equipment and monitoring equipment is free from criminal influence and exploitation; (d) to ensure that other forms of gambling permitted under this or any other Act are conducted honestly and that their management is free from criminal influence and exploitation; (e) to ensure that— S. 1.1(2)(e)(i) substituted by No. 71/2008 s. 3(b). (i) community and charitable gaming benefits the community or charitable organisation concerned; (ii) practices that could undermine public confidence in community and charitable gaming are eliminated; (iii) bingo centre operators do not act unfairly in providing commercial services to community or charitable organisations; (f) to promote tourism, employment and economic development generally in the State. (3) In outline, this Act— (a) generally prohibits gambling and activities relating to gambling unless authorised under this Act or the **Casino Control Act 1991**; (b) provides for the conduct under licence of gaming on gaming machines at approved venues and the casino; (c) provides for the licensing of wagering and betting competitions, including on-course wagering; S. 1.1(3)(d) amended by No. 64/2014 s. 3. (d) provides for the conduct under licence of public lotteries and the conduct of trade promotion lotteries; S. 1.1(3)(e) substituted by No. 1/2021 s. 8. (e) provides for the conduct under licence of keno games; S. 1.1(3)(f) repealed by No. 28/2022 s. 127(a). S. 1.1(3)(g) amended by No. 58/2009 s. 112(2). (g) provides for the conduct of activities authorised under Chapter 8 by community or charitable organisations; (h) provides for the licensing of bingo centre operators and employees; S. 1.1(3)(i) amended by No. 58/2009 s. 112(3). (i) provides for the conduct of gaming and conduct of monitoring on board ships travelling between Victoria and Tasmania; S. 1.1(3)(j) substituted by No. 58/2011 s. 69(2), amended by No. 54/2021 s. 41(a). (j) confers functions and powers and imposes duties on the Victorian Gambling and Casino Control Commission to oversee gambling in Victoria; S. 1.1(3)(k) repealed by No. 104/2004 s. 40(a), new s. 1.1(3)(k) inserted by No. 11/2007 s. 4(a). (k) establishes a Review Panel to report to the Minister on certain processes; (l) provides for the appointment of inspectors and inspection powers to ensure compliance with the Act; (m) sets out offences; (n) repeals 8 existing Acts that prohibit or regulate various forms of gambling, amends the **Casino Control Act 1991** and makes consequential amendments to other Acts. (4) Subsection (3) is intended only as a guide to readers as to the general scheme of this Act. 1.2 Commencement S. 1.2(1) amended by No. 45/2004 s. 15. (1) This Chapter and section 12.1.4 come into operation on the day after the day on which this Act receives the Royal Assent. S. 1.2(2) amended by No. 45/2004 s. 16(1). (2) Subject to subsections (2A), (3) and (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. S. 1.2(2A) inserted by No. 45/2004 s. 16(2). (2A) Section 3.6.12 comes into operation on 1 July 2004. (3) Section 12.1.5 comes into operation on 1 July 2009. S. 1.2(4) amended by No. 45/2004 s. 16(3). (4) If a provision referred to in subsection (2) (other than section 3.6.12 or 12.1.5) does not come into operation before 1 July 2005, it comes into operation on that day. 1.3 Definitions (1) In this Act— *AFL footy tipping competition* substituted by No. 54/2006 s. 3(a), amended by Nos 22/2005 s. 6(2), 72/2007 s. 51(a). ***AFL footy tipping competition*** means a lottery in which the prizes are distributed on the basis of results of matches in the Australian Football League and in accordance with the lottery rules for the lottery; *aircraft* inserted by No. 25/2009 s. 12. ***aircraft*** means a machine or structure used or intended to be used for navigation of the air; S. 1.3(1) def. of *alternative cash access facility* inserted by No. 32/2012 s. 3(1), repealed by No. 62/2017 s. 92(a). ***amusement machine*** means— (a) any machine, device, contrivance or electronic apparatus operated for pecuniary consideration for the purpose of playing games which involve the activation or manipulation of the machine, device, contrivance or electronic apparatus to achieve a pre‑set, programmed, designated or otherwise defined score, object or result; and (b) any machine, device, contrivance or electronic apparatus prescribed as an amusement machine; *approved betting competition* substituted by No. 18/2007 s. 4(b). ***approved betting competition*** means a betting competition approved by the Minister under section 4.5.3 or the Commission under section 4.5.6; *approved betting event* inserted by No. 18/2007 s. 4(a). ***approved betting event*** has the meaning given in section 4.5.1; def. of *approved bookmaker* inserted by No. 45/2004 s. 17(b), repealed by No. 73/2008 s. 18(1). S. 1.3(1) def. of *approved bookmaking company* repealed by No. 73/2008 s. 18(1). ***approved gaming machine*** means a gaming machine of a type approved by the Commission under section 3.5.4; S. 1.3(1) def. of *approved keno game* inserted by No. 1/2021 s. 9(1)(a). ***approved keno game*** means a keno game approved by the Minister under section 6A.2A.1; ***approved racing club*** means a club, society or other association the rules of which are approved under section 26 of the **Racing Act 1958**; ***approved venue*** means premises— (a) to which a venue operator's licence applies; and (b) in respect of which an approval is in force under Part 3 of Chapter 3; ***associate*** has the meaning given in section 1.4; def. of *approved bookmaker* repealed by No. 45/2004 s. 17(a). S. 1.3(1) def. of *authorised deposit-taking institution* repealed by No. 64/2014 s. 4(a). ***authorised person*** means— (a) a commissioner; or (b) an inspector; or (c) a person appointed under subsection (3); S. 1.3(1) def. of *authorising officer* inserted by No. 29/2009 s. 4(1), amended by Nos 20/2012 s. 226(Sch. 5 item 14(a)), 9/2013 s. 42(Sch. 2 item 10). ***authorising officer***, of a club that is— (a) a company, means the company's secretary; (b) a co-operative (within the meaning of the Co‑operatives National Law (Victoria)), means the secretary of the co-operative; (c) an incorporated association (within the meaning of the **Associations Incorporation Reform Act 2012**), means the secretary of the association; *betting contract* inserted by No. 29/2009 s. 44(1). ***betting contract*** means a contract, arrangement or understanding— (a) to make a bet; or (b) to enter into betting or take a share or interest in another transaction that involves a bet; *betting exchange* inserted by No. 29/2009 s. 44(1). ***betting exchange*** means a facility, electronic or otherwise, that provides a mechanism through which— (a) offers to enter into betting contracts are regularly made and accepted; or (b) offers or invitations to enter into betting contracts are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations— but does not include a facility that provides a mechanism through which a betting contract is able to be made with a bookmaker or a totalisator; ***betting rules*** means rules made in accordance with Chapter 4 for wagering or approved betting competitions; ***bingo*** means the game of bingo or any similar game; S. 1.3(1) def. of *bingo centre* substituted by No. 71/2008 s. 19. ***bingo centre*** means a house or place in which sessions of bingo are regularly conducted on a commercial basis; *bingo centre employee* repealed by No. 104/2004 s. 4(4)(a). *bingo centre employee's licence* repealed by No. 104/2004 s. 4(4)(a). ***bingo centre operator*** means the holder of a bingo centre operator's licence; ***bingo centre operator's licence*** means a licence to operate a bingo centre under Division 1 of Part 5 of Chapter 8; S. 1.3(1) def. of *bookmaker* inserted by No. 73/2008 s. 18(3). ***bookmaker*** includes— (a) a person who (whether on the person's own account or as employee or agent of any other person) carries on the business or vocation of or acts as a bookmaker or turf commission agent; (b) a person who gains or endeavours to gain a livelihood wholly or partly by betting or making wagers; def. of *bookmaker's key employee* inserted by No. 73/2008 s. 18(3), amended by No. 23/2025 s. 74(Sch. 1 item 2.1(a)). ***bookmaker's key employee*** means a person who is— (a) employed by a bookmaker in a managerial capacity; or (b) authorised to make decisions, involving the exercise of the person's discretion, which are relevant to the business operations of a bookmaker; or (c) employed in any other activity relating to the operations of a bookmaker that is specified by the Commission; S. 1.3(1) def. of *business day* inserted by No. 27/2013 s. 4(1). ***business day*** means a day other than a Saturday, a Sunday or a public holiday appointed under the **Public Holidays Act 1993**; S. 1.3(1) def. of *cash facility* amended by Nos 32/2012 s. 3(2), 62/2017 s. 92(b), 23/2025 s. 74(Sch. 1 item 2.1(b)). ***cash facility*** means— (a) an automatic teller machine; or (b) an EFTPOS facility; or (ba) a facility that— (i) enables a person to obtain funds without a person employed or engaged by a venue operator enabling the obtaining of those funds; and (ii) issues a receipt or other authority requiring the venue operator to pay to that person cash representing the amount obtained; or (c) any other prescribed facility that enables a person to gain access to the person's funds or to credit; ***casino*** has the same meaning as in the **Casino Control Act 1991**; ***casino licence*** means a casino licence issued under the **Casino Control Act 1991**; ***casino operator*** has the same meaning as in the **Casino Control Act 1991**; *casino special employee's licence* substituted by No. 104/2004 s. 4(2). ***casino special employee's licence*** means a licence issued under Part 4 of the **Casino Control Act 1991**; S. 1.3(1) def. of *Chapter 5 body corporate* inserted by No. 40/2025 s. 19(a). ***Chapter 5 body corporate*** has the same meaning as in section 9 of the Corporations Act; ***club*** includes club, society or other association of persons by whatever name called and whether incorporated or unincorporated; *club gaming machine entitlement* inserted by No. 29/2009 s. 4(1). ***club gaming machine entitlement*** means a gaming machine entitlement that is subject to a venue condition that authorises the conduct of gaming in an approved venue in respect of which a club licence or racing club licence is in force; S. 1.3(1) def. of *club keno game* repealed by No. 1/2021 s. 9(1)(b). *club keno system* inserted by No. 104/2004 s. 4(3), repealed by No. 1/2021 s. 9(1)(b). ***club licence*** means a club licence (whether full or restricted) under section 10 of the **Liquor Control Reform Act 1998**; S. 1.3(1) def. of *commercial raffle organiser* inserted by No. 104/2004 s. 4(5). ***commercial raffle organiser*** means a person, other than an employee of the holder of a minor gaming permit, who is retained on a commercial basis to conduct a raffle, in whole or in part; S. 1.3(1) def. of *commercial raffle organiser's licence* inserted by No. 104/2004 s. 4(5). ***commercial raffle organiser's licence*** means a licence granted under Part 5A of Chapter 8; S. 1.3(1) def. of *Commission* amended by No. 58/2011 s. 70(1)(a), substituted by No. 54/2021 s. 41(b). ***Commission*** means Victorian Gambling and Casino Control Commission established under Part 2 of the **Victorian Gambling and Casino Control Commission Act 2011**; ***commissioner*** means a member of the Commission; S. 1.3(1) def. of c*ommon gaming house or place* repealed by No. 56/2014 s. 3(a). ***community or charitable organisation*** means an organisation declared to be a community or charitable organisation under Division 1 of Part 3 of Chapter 8; ***community purpose***— (a) in Division 2 of Part 6 of Chapter 3, has the meaning given in section 3.6.2; (b) elsewhere, means— (i) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the **Patriotic Funds Act 1958** or the fund or part of the fund of the Australian Red Cross Society; or (ii) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association; ***computer cabinet****,* in relation to a gaming machine, means the sealable cabinet in the machine that contains the game program storage medium and the Random Access Memory; ***computer server*** means a computer that is capable of— (a) communicating with another computer; and (b) providing to that other computer— (i) access to a database; or (ii) transaction based services; or (iii) software applications; ***conduct*** includes carry on, manage or assist in carrying on or managing; ***conduct of gaming*** has the meaning given in section 3.1.4; S. 1.3(1) def. of *constituting document* inserted by No. 29/2009 s. 4(1), amended by Nos 20/2012 s. 226(Sch. 5 item 14(b)), 9/2013 s. 42(Sch. 2 item 10). ***constituting document***, of a club that is— (a) a company, means the constitution of the company; (b) a co-operative (within the meaning of the Co‑operatives National Law (Victoria)), means the rules of the co‑operative; (c) an incorporated association (within the meaning of the **Associations Incorporation Reform Act 2012**), means the rules of the association; ***decision***, in relation to the Commission, includes determination; S. 1.3(1) def. of *declared operator* repealed by No. 28/2022 s. 15(g). ***director***, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act; S. 1.3(1) def. of *domestic partner* substituted by No. 12/2008 s. 73(1)(Sch. 1 item 26.1). ***domestic partner*** of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); S. 1.3(1) def. of *electronic monitoring system* substituted by No. 64/2010 s. 34. ***electronic monitoring system*** has the meaning given by section 1.3B; S. 1.3(1) def. of *entitlement holder* inserted by No. 58/2011 s. 70(1)(c). ***entitlement holder*** means a venue operator that is the holder of a gaming machine entitlement; S. 1.3(1) def. of *entitlement holder connected person* inserted by No. 58/2011 s. 70(1)(c). ***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***; ***executive officer***, has the meaning given in section 1.4; S. 1.3(1) def. of *Executive Commis-sioner* repealed by No. 58/2011 s. 70(2). S. 1.3(1) def. of *externally-administered body corporate* repealed by No. 40/2025 s. 19(b). ***function*** includes power, authority and duty; S. 1.3(1) def. of *fundraising event* amended by No. 56/2014 s. 3(b). ***fundraising event*** means an event conducted by a community or charitable organisation for the purpose of raising money for the organisation and at which gambling is conducted; S. 1,3(1) def. of *gambling* inserted by No. 56/2014 s. 3(g). ***gambling*** has the meaning given in section 1.3AA; S. 1.3(1) def. of *gambling authorisation* inserted by No. 58/2011 s. 70(1)(c). ***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; ***gambling business*** means the business of conducting or operating an activity that is regulated by this Act; S. 1.3(1) def. of *gambling industry participant* inserted by No. 56/2010 s. 57, amended by Nos 60/2011 s. 3(1), 1/2021 s. 9(1)(c), 28/2022 ss 15(a), 127(b), 13/2023 s. 4(a), 23/2025 s. 18(c). ***gambling industry participant*** means— (a) a bingo centre operator; or (b) a holder of a commercial raffle organiser's licence; or (e) a keno licensee; or (f) the monitoring licensee; or (g) a registered bookmaker; or (h) a public lottery licensee; or (i) a registered bookmaker's key employee; or (j) a venue operator; or (k) a wagering and betting licensee; or (m) a person listed on the Roll; or (n) a relevant applicant or invitee; ***gaming Act*** means— (a) this Act; (b) the **Casino Control Act 1991**; *gaming equipment* substituted by No. 58/2009 s. 4(1) (as amended by No. 64/2010 s. 48(1)(2)). ***gaming equipment*** means any— (a) gaming machine; (b) part of, or replacement part for, any such machine; (c) restricted gaming component; (d) linked jackpot display payout and linked jackpot payout meter; *gaming industry employee's licence* inserted by No. 104/2004 s. 4(4)(b). ***gaming industry employee's licence*** means a licence issued under Chapter 9A; S. 1.3(1) def. of *gaming licence* repealed by No. 28/2022 s. 15(g). S. 1.3(1) def. of *gaming machine* amended by No. 28/2022 s. 127(c). ***gaming machine*** means any device, whether wholly or partly mechanically or electronically operated, that is so designed that— (a) it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and (b) as a result of making a bet on the device, winnings may become payable— and includes any machine declared to be a gaming machine under section 3.1.3 but does not include— (c) a lucky envelope vending machine within the meaning of Chapter 8; *gaming machine area* substituted by No. 104/2004 s. 4(1). ***gaming machine area*** means— (a) in relation to an approved venue, an area in the approved venue that is approved by the Commission under Part 3 of Chapter 3 as an area in which a gaming machine is permitted to be installed; or (b) in relation to a casino, an area in the casino that is determined by the Commission under section 3.1.5(3A) to be a gaming machine area only for the purposes referred to in that subsection; *gaming machine entitlement* inserted by No. 29/2009 s. 4(1). ***gaming machine entitlement*** means an entitlement created under Part 4A of Chapter 3; *gaming machine entitlement declared day* inserted by No. 29/2009 s. 4(1). ***gaming machine entitlement declared day***, in relation to a gaming machine entitlement, means the day declared by the Minister under section 3.4A.1 in relation to that entitlement; ***gaming machine type*** means a type of gaming machine, including the machine cabinet and computer hardware and software, on which a range of games may be played without any alteration to the gaming machine other than the substitution of a new game program or an alteration to the information or artwork displayed on the gaming machine; S. 1.3(1) defs of *gaming operator, gaming operator's licence* repealed by No. 28/2022 s. 15(g). ***gaming regulations*** means regulations made under a gaming Act; ***gaming token*** means Australian currency or any token, credit or any other thing that enables a bet to be made on a gaming machine; ***greyhound race*** means a race in which greyhounds compete; ***GST*** has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; ***harness race*** means a race in which horses compete moving at a gait generally known as pacing or trotting; ***Hospitals and Charities Fund*** means the fund established under section 136 of the **Health Services Act 1988**; ***horse race*** means a race in which horses compete but does not include a harness race; *hotel gaming machine entitlement* inserted by No. 29/2009 s. 4(1). ***hotel gaming machine entitlement*** means a gaming machine entitlement that is subject to a venue condition that authorises the conduct of gaming in an approved venue in respect of which a pub licence is in force; *inquiry* inserted by No. 58/2011 s. 70(1)(c), amended by No. 54/2021 s. 41(c). ***inquiry*** has the same meaning as in the **Victorian Gambling and Casino Control Commission Act 2011**; def. of *insolvent under administration* repealed by No. 4/2008 s. 32(Sch. item 12). S. 1.3(1) def. of *inspector* substituted by No. 58/2011 s. 70(1)(b). amended by Nos 54/2021 s. 41(c), 26/2022 s. 11(a). ***inspector*** means a gambling and casino inspector appointed under section 40 of the **Victorian Gambling and Casino Control Commission Act 2011**; S. 1.3(1) def. of *interactive game* repealed by No. 28/2022 s. 127(d)(i). S. 1.3(1) def. of *interactive gaming equipment* repealed by No. 28/2022 s. 127(d)(i). S. 1.3(1) def. of *interactive gaming licence* repealed by No. 28/2022 s. 127(d)(i). *keno game* inserted by No. 40/2008 s. 4(1), substituted by Nos 29/2009 s. 69, 1/2021 s. 9(1)(d). ***keno game*** means a game— (a) that is a rapid draw lottery that meets the prescribed minimum frequency of draws (if any); and (b) the outcome of which is determined by a random number generator that draws— (i) a number from a set of numbers; or (ii) a set of numbers from a larger set of numbers; and (c) that is not conducted on a totalisator; and (d) the results of which are not based on the outcome of a live event; and (e) that meets any other prescribed requirements— but does not include a game that is prescribed not to be a keno game; *keno licence* inserted by No. 40/2008 s. 4(1), amended by No. 1/2021 s. 9(1)(e). ***keno licence*** means a licence granted under Part 3 of Chapter 6A or a temporary keno licence issued under section 6A.3.31; *keno licensee* inserted by No. 40/2008 s. 4(1), amended by No. 1/2021 s. 9(1)(f). ***keno licensee*** means the holder of a keno licence; *keno system* inserted by No. 40/2008 s. 4(1), amended by No. 1/2021 s. 9(1)(g). ***keno system*** means an electronic system for conducting and monitoring approved keno games, including terminals and peripheral equipment for selling tickets and for validating winning tickets, visual display units, the central processing unit, the game result determination device, front-end devices and other equipment for communication within the system and software in so far as it relates to the conduct and monitoring of approved keno games, but not including a personal electronic device used to purchase a ticket directly from a keno licensee online; *key operative* amended by Nos 40/2008 s. 4(2), 1/2021 s. 9(1)(h), 28/2022 s. 15(b), 28/2022 s. 127(d)(ii), 13/2023 s. 4(b). ***key operative*** means— (ab) a wagering and betting licensee; (c) the holder of a venue operator's licence; (ca) a keno licensee; (d) a person listed on the Roll; (e) a casino operator; (f) a holder of a public lotteries licence; (h) a bingo centre operator; ***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective; ***licensed premises*** has the same meaning as in the **Liquor Control Reform Act 1998**; S. 1.3(1) def. of *licensed provider* repealed by No. 28/2022 s. 127(d)(i). ***licensed racing club*** means Harness Racing Victoria, Greyhound Racing Victoria or a club licensed under section 24A of the **Racing Act 1958**; S. 1.3(1) def. of *licensed technician* repealed by No. 104/2004 s. 4(4)(a). ***liquor*** has the same meaning as in the **Liquor Control Reform Act 1998**; S. 1.3(1) def. of *lottery* amended by Nos 56/2014 s. 3(c) (as amended by No. 64/2014 s. 54(a)), 23/2025 s. 74(Sch. 1 item 2.1(c)). ***lottery*** includes— (a) any scheme by which prizes of money or of any other property, matter or thing are, or are proposed to be, drawn or won by lot, dice or any other mode of chance or by reference to any event or contingency dependent on chance; or (b) any scheme in which any such prizes are, or are proposed to be, given and in which at any stage the persons eligible to receive the prizes or to participate further in the scheme are, or are to be, determined by lot, dice or any other mode of chance or by reference to any event or contingency dependent on chance despite that at an earlier or later stage a test of knowledge or skill is or may be required to be passed by any person in order to qualify the person to receive a prize or to participate further in the scheme— whether the scheme is real or pretended or is established or conducted, or intended or proposed to be established or conducted, and in any case whether wholly or partly in Victoria or elsewhere, but does not include any activity referred to in section 1.3AA(4); S. 1.3(1) def. of *loyalty scheme* amended by No. 4/2014 s. 4(b). ***loyalty scheme*** means— (a) a system, used in connection with the operation of gaming machines in approved venues or a casino, in which the players of those gaming machines accumulate bonus, loyalty or reward points from playing the gaming machines; or (b) any other system that tracks a player's expenditure on a gaming machine other than a pre-commitment mechanism or pre‑commitment system; ***loyalty scheme provider*** means a person who conducts a loyalty scheme; S. 1.3(1) def. of *Melbourne Statistical Division* repealed by No. 62/2017 s. 98(1). S. 1.3(1) def. of *metropolitan Melbourne* inserted by No. 62/2017 s. 98(2). ***metropolitan Melbourne*** means the region that consists of the municipal districts specified in Schedule 5 (subject to any alterations to that region made by regulations referred to in item 3.5B in Schedule 1); ***minor*** means a person who is under the age of 18 years; S. 1.3(1) def. of *money* amended by Nos 64/2014 s. 4(b), 28/2022 s. 15(c). ***money*** includes bank notes, cheques, drafts provided by an ADI and any order, warrant, commission or request for the payment, collection or receipt of money; ***money clearance*** means the removal of gaming tokens from the drop box of a gaming machine; S. 1.3(1) def. of *monitoring equipment* inserted by No. 58/2009 s. 4(3) (as amended by No. 64/2010 s. 48(1)(3)). ***monitoring equipment*** means any— (a) electronic monitoring system; (b) part of, or replacement part of, any such system; (c) restricted monitoring component; S. 1.3(1) def. of *monitoring licence* inserted by No. 29/2009 s. 4(1), amended by No. 56/2010 s. 3. ***monitoring licence*** means the licence granted under Division 4 of Part 4 of Chapter 3 or a temporary monitoring licence issued under section 3.4.59I; S. 1.3(1) def. of *monitoring licensee* inserted by No. 29/2009 s. 4(1). ***monitoring licensee*** means the holder of the monitoring licence; S. 1.3(1) def. of *monitoring services* inserted by No. 4/2014 s. 4(a). ***monitoring services*** means the services and other things that are authorised under section 3.4.4(1); S. 1.3(1) def. of *municipal district* amended by No. 9/2020 s. 390(Sch. 1 item 45.1). ***municipal district*** has the same meaning as in the **Local Government Act 2020**; S. 1.3(1) def. of *municipal limit* inserted by No. 39/2007 s. 4. ***municipal limit*** means the maximum permissible number, determined and in force under section 3.2.4, of gaming machines available for gaming in a municipal district or part of a municipal district; ***newspaper*** includes a newspaper printed in any part of the Commonwealth; *non-cash gaming token* inserted by No. 62/2017 s. 87. ***non-cash gaming token*** means a gaming token other than cash; *Panel* repealed by No. 104/2004 s. 40(b). ***perform a function*** includes exercise a power or authority; S. 1.3(1) def. of *person* amended by No. 28/2022 s. 15(d). ***person*** includes a body (whether or not incorporated) and a partnership; S. 1.3(1) def. of *player account* inserted by No. 18/2025 s. 3. ***player account*** means an account established in accordance with the regulations for a person for the purposes of a pre-commitment system; *player account equipment* inserted by No. 4/2014 s. 4(a). ***player account equipment*** has the meaning given in section 3.8A.1; *player card* inserted by No. 4/2014 s. 4(a), substituted byNo. 42/2022 s. 51. ***player card*** means a card that stores information and that— (a) may be used to identify a person to whom it is issued (the ***player***); and (b) may be used by the player to apply a time limit or net loss limit to their playing of gaming machines; and (c) may also be capable of being used by the player to track their playing of gaming machines for the purposes of a loyalty scheme; *police officer* inserted by No. 37/2014 s. 10(Sch. item 72.1), repealed by No. 26/2022 s. 11(b). ***political party*** means a political party registered under— (a) the **Electoral Act 2002**; or (b) the Commonwealth Electoral Act 1918 of the Commonwealth; or (c) a law of another State or Territory of the Commonwealth corresponding to a law referred to in paragraphs (a) and (b); *pooling scheme* amended by No. 27/2013 s. 4(2). ***pooling scheme*** means an arrangement, whether or not in writing and whether or not enforceable at law, under which a person derives a direct or indirect benefit from the gross proceeds of the conduct of a session of bingo games and that person is not the community or charitable organisation which conducts that session; *pre-commitment mechanism* inserted by No. 29/2009 s. 4(1), amended by No. 43/2012 s. 3(Sch. item 22.1). ***pre-commitment mechanism*** means a prescribed mechanism or system that allows a person to set a time limit or net loss limit before that person plays a gaming machine; *pre-commitment services* inserted by No. 4/2014 s. 4(a). ***pre-commitment services*** means the services and other things that are authorised under section 3.4.4(1B); *pre-commitment system* inserted by No. 4/2014 s. 4(a). ***pre-commitment system*** has the meaning given in section 3.8A.1; S. 1.3(1) def. of *prescribed connection* inserted by No. 58/2011 s. 70(1)(c). ***prescribed connection*** means— (a) a prescribed interest (legal or equitable) in or in relation to an entitlement holder; or (b) a prescribed right or power in relation to an entitlement holder; or (c) a prescribed common person employed or engaged by 2 or more entitlement holders; or (d) a prescribed relationship between prescribed persons employed or engaged by an entitlement holder or 2 more entitlement holders; or (e) a prescribed relationship between a person employed or engaged by an entitlement holder and another person; or (f) a prescribed agreement or arrangement between entitlement holders or an entitlement holder and another person; or (g) a prescribed agreement or arrangement between persons employed or engaged by an entitlement holder or 2 or more entitlement holders; ***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; *pub licence* amended by No. 59/2009 s. 33. ***pub licence*** means a general licence under section 8 or a late night (general) licence under section 11A of the **Liquor Control Reform Act 1998**; ***public lottery*** has the meaning given in section 5.1.2; *public lottery licence* amended by No. 54/2006 s. 3(c). ***public lottery licence*** means a public lottery licence issued under Division 2 of Part 3 of Chapter 5 or a temporary public lottery licence issued under section 5.3.27; ***public lottery licensee*** means a person or body that holds a public lottery licence; *public place* inserted by No. 25/2009 s. 12. ***public place*** includes— (a) a public highway; (b) a park, garden, reserve or other place of public recreation or resort; (c) a railway station, platform or carriage; (d) a wharf, pier or jetty; (e) a passenger ship or hire vessel; (f) a hire vehicle; (g) a church or chapel open to the public or any other building where divine service is publicly held; (h) a State school, including the school's land or premises; (i) a public hall, theatre or room where members of the public are, or are assembling for or departing from, a public entertainment or meeting; (j) a market; (k) an auction room, mart or place while a sale or auction is proceeding; (l) licensed premises or authorised premises within the meaning of the **Liquor Control Reform Act 1998**; (m) a racecourse, cricket ground, football ground or other sporting ground where members of the public are present or are permitted to have access to, whether with or without an admission fee; (n) any open place to which the public have access; ***race*** includes a division of a race; S. 1.3(1) def. of *racecourse* inserted by No. 56/2014 s. 3(g). ***racecourse*** means land used for race meetings; *race field* inserted by No. 92/2005 s. 5. ***race field*** means any information that identifies, or is capable of identifying, the names or numbers of the horses or greyhounds— (a) nominated for, or which will otherwise take part in, an intended horse race, harness race or greyhound race to be conducted in Victoria; or (b) that have been scratched or withdrawn from an intended horse race, harness race or greyhound race to be conducted in Victoria; S. 1.3(1) def. of *race meeting* amended by No. 56/2014 s. 3(d)(e). ***race meeting*** means a meeting conducted by a licensed racing club for the purpose of horse racing, harness racing or greyhound racing; ***racing club licence*** means a licence under Part I of the **Racing Act 1958**; ***Racing Products*** means Racing Products Victoria Pty Ltd (A.C.N. 064 067 867); *Racing Victoria* inserted by No. 40/2008 s. 4(1). ***Racing Victoria*** has the same meaning as in Part I of the **Racing Act 1958**; ***raffle***— (a) means any lottery by which any property, matter or thing (not including money, stocks or shares or any warrant, order or security for the payment of money) is assigned by the drawing of lots or by any other method of chance to one or more of a number of persons each of whom has paid a certain sum for a chance of taking or participating in such assignment; and (b) despite paragraph (a), includes any lottery in which money is assigned if— (i) the money is part of a prize which includes travel or accommodation or both; and (ii) the value of the money assigned does not exceed 10% of the total value of the prize or any other amount that is approved by the Commission in writing in a particular case; ***random number generator*** means a machine or device that is so designed that it may be used to select random numbers; ***refund*** means the amount of an investment made in a totalisator under this Act which is repayable to an investor (whether wholly or partly) in accordance with the betting rules; S. 1.3(1) def. of *regional limit* substituted by No. 58/2009 s. 4(2) (as amended by No. 64/2010 s. 48(1)). ***regional limit*** means— (a) the maximum permissible number of gaming machines available for gaming in a region of the State determined and in force under section 3.2.4; or (b) the maximum permissible number of gaming machine entitlements under which gaming may be conducted in a region of the State determined and in force under section 3.4A.5(3A); S. 1.3(1) def. of *Register* amended by No. 29/2009 s. 84(1). ***Register*** means the Register of Venue Operators and Approved Venues established and maintained under section 3.4.13; S. 1.3(1) def. of *registered bookmaker* amended by No. 73/2008 s. 18(2). ***registered bookmaker*** means the holder of a current certificate of registration as a registered bookmaker under Part 5A of Chapter 4; S. 1.3(1) def. of *registered bookmaker's key employee* inserted by No. 73/2008 s. 18(3). ***registered bookmaker's key employee*** means the holder of a current certificate of registration as a registered bookmaker's key employee under Part 5A of Chapter 4; ***registered company auditor*** means a person registered as an auditor, or taken to be so registered, under Part 9.2 of the Corporations Act; New s. 1.3(1) def. of *related body corporate* inserted by No. 38/2017 s. 86(2). ***related body corporate***, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act; S. 1.3(1) def. of *related entity* repealed by No. 28/2022 s. 15(g). *related body corporate* repealed by No. 38/2017 s. 86(1). S. 1.3(1) def. of *relevant applicant, invitee or registrant* inserted by No. 60/2011 s. 3(2), amended by Nos 1/2021 s. 9(2), 13/2023 s. 4(c), repealed by No. 23/2025 s. 18(b). S. 1.3(1) def. of *relevant applicant or invitee* inserted by No. 23/2025 s. 18(a). ***relevant applicant or invitee*** means— (a) a person the Minister has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42; or (b) a person the Minister has invited to apply for a wagering and betting licence but that has not applied for a wagering and betting licence under section 4.3A.5; or (c) a person the Minister has invited to apply for a public lottery licence but that has not applied for a public lottery licence under section 5.3.3; or (d) a person the Minister has invited to apply for a keno licence but that has not applied for a keno licence under section 6A.3.5; or (e) a person the Minister is considering inviting to apply for the monitoring licence, a wagering and betting licence, a public lottery licence or a keno licence; or (f) an applicant for the monitoring licence, a wagering and betting licence, a public lottery licence or a keno licence; ***relevant financial interest*** has the meaning given in section 1.4; ***relevant power*** has the meaning given in section 1.4; ***relative*** has the meaning given in section 1.4; S. 1.3(1) def. of *responsible gambling and regulatory compliance* *services* inserted by No. 23/2025 s. 17(1)(a). ***responsible gambling and regulatory compliance services*** means the services and other things that are authorised under section 3.4.4(1A); def. of *Responsible Gambling Code of Conduct* inserted by No. 72/2007 s. 3. ***Responsible Gambling Code of Conduct*** means a Code of Conduct to foster responsible gambling; *responsible gambling services* inserted by No. 4/2014 s. 4(a), repealed by No. 23/2025 s. 17(1)(b). S. 1.3(1) def. of *responsible gambling sign* inserted by No. 29/2009 s. 63(2). ***responsible gambling sign*** means a sign (whether consisting of words, symbols, pictures or any other thing) that— (a) can reasonably be taken to be intended to foster responsible gambling in order to minimise the harm caused by problem gambling; and (b) is prescribed; S. 1.3(1) def. of *restricted component* repealed by No. 58/2009 s. 4(4) (as amended by No. 64/2010 s. 48(1)). S. 1.3(1) def. of *restricted gaming component* inserted by No. 58/2009 s. 4(3) (as amended by No. 64/2010 s. 48(1)). ***restricted gaming component***, in relation to gaming equipment, means any component that is prescribed as a restricted gaming component; S. 1.3(1) def. of *restricted monitoring component* inserted by No. 58/2009 s. 4(3) (as amended by No. 64/2010 s. 48(1)). ***restricted monitoring component***, in relation to monitoring equipment, means any component that is prescribed as a restricted monitoring component; ***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective; ***Roll*** means the Roll of Manufacturers, Suppliers and Testers established under section 3.4.60; S. 1.3(1) def. of *Secretary* inserted by No. 40/2008 s. 4(1), amended by No. 1/2021 s. 9(1)(i). ***Secretary*** means Secretary to the Department of Justice and Community Safety; *self-excluded person* inserted by No. 72/2007 s. 3, amended by No. 23/2025 s. 74(Sch. 1 item 2.1(d)). ***self-excluded person*** means a person who is voluntarily excluded from a gaming machine area under a self-exclusion program; *self-exclusion program* inserted by No. 72/2007 s. 3, amended by No. 23/2025 s. 74(Sch. 1 item 2.1(e)). ***self-exclusion program*** means a program that— (a) enables the voluntary exclusion of a person from a gaming machine area; and (b) enables the venue operator to prohibit such a person from that area; ***sell*** includes offer for sale; *senior police officer* inserted by No. 37/2014 s. 10(Sch. item 72.1). ***senior police officer*** means a police officer of or above the rank of inspector; ***share***, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act; *soccer football pool* substituted by No. 54/2006 s. 3(b), amended by Nos 22/2005 s. 6(2), 72/2007 s. 51(a). ***soccer football pool*** means a lottery in which the prizes are distributed on the basis of results of soccer football matches in Australia or elsewhere and in accordance with the lottery rules for the lottery, whereby results are selected and given an order of rank; *special employee's licence* repealed by No. 104/2004 s. 4(4)(a). ***spin*** means a sequence of actions and states in a gaming machine initiated by a player through a wagering of credits and terminated when all credits wagered have been lost or all winnings have been transferred to the gaming machine's total wins meter and the player's credit meter; ***spin rate***, in relation to a gaming machine, means the interval between spins on the gaming machine; *sports betting event* inserted by No. 18/2007 s. 4(a). ***sports betting event*** has the meaning given in section 4.5.1; *sports betting provider* inserted by No. 18/2007 s. 4(a). ***sports betting provider*** has the meaning given in section 4.5.1; *sports controlling body* inserted by No. 18/2007 s. 4(a). ***sports controlling body*** has the meaning given in section 4.5.1; ***spouse*** of a person means a person to whom the person is married; S. 1.3(1) def. of *standard entitlement-related conditions* inserted by No. 62/2017 s. 67. ***standard entitlement-related conditions*** has the meaning given in section 3.4A.4A(1); S. 1.3(1) def. of *standard monitoring-related conditions* inserted by No. 62/2017 s. 67. ***standard monitoring-related conditions*** has the meaning given in section 3.4A.4B(1); S. 1.3(1) def. of *standard pre-commitment conditions* inserted by No. 62/2017 s. 67. ***standard pre-commitment conditions*** has the meaning given in section 3.8A.19A(1); S. 1.3(1) def. of *subsidiary* amended by No. 28/2022 s. 15(e). ***subsidiary***— (a) in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Act (but not a subsidiary of another such body corporate); (b) in relation to any other body, means a body corporate that, if the body were a body corporate, would be a subsidiary of the body within the meaning of the Corporations Act (but not a subsidiary of another such body corporate); ***tabaret premises*** means— (a) the Old Ballarat Village situated at 623–643 Main Road, Ballarat; (b) Tabaret situated at the All Seasons Motor Inn, 171–183 McIvor Road, Bendigo; S. 1.3(1) def. of *technician's licence* repealed by No. 104/2004 s. 4(4)(a). ***telecommunication device*** means— (a) a computer adapted for communicating by way of the internet or another communications network; or (b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; or (c) a telephone; or (d) any other electronic device or thing for communicating at a distance; ***the applied provisions*** has the meaning given in section 9.1.2; ***this Act*** includes the applied provisions; *ticket* amended by No. 54/2006 s. 3(d). ***ticket*** includes— (a) any document or thing purporting to be, or usually or commonly known as, a ticket or giving, or purporting to give, or usually or commonly understood to give, any right, title, chance, share, interest, authority or permission in or in connection with a lottery, or intended or proposed lottery, or any game, including a ticket in electronic form; and (b) in relation to a totalisator—a card, token or thing entitling or purporting to entitle any person to any interest in any dividend, division or distribution of any money by means of, or in connection with, or as the result of, the operation of a totalisator; ***totalisator*** means a scheme of pari-mutuel betting, whether conducted by means of an instrument or contrivance known as a totalisator or otherwise; ***trade or business***, in relation to a community or charitable organisation, includes the conduct of a trade or business of promoting a community or charitable purpose of the organisation; ***trade promotion lottery*** means a lottery for the promotion of a trade or business; ***Tribunal*** means Victorian Civil and Administrative Tribunal established by the **Victorian Civil and Administrative Tribunal Act 1998**; S. 1.3(1) def. of *Trustees* repealed by No. 28/2022 s. 15(g). S. 1.3(1) def. of *unauthorised gambling* inserted by No. 56/2014 s. 3(g). ***unauthorised gambling*** means gambling that is not authorised by or under this Act or another Act; S. 1.3(1) def. of *unlawful game* repealed by No. 56/2014 s. 3(f). S. 1.3(1) def. of *value* inserted by No. 62/2017 s. 87. ***value*** of a non-cash gaming token means the value that— (a) is stored on or in respect of the token; and (b) can be used to cause gaming machine credits to be registered by a gaming machine; *vehicle* inserted by No. 25/2009 s. 12. ***vehicle*** includes motor vehicle, aircraft, vessel, caravan and trailer; ***venue operator*** means the holder of a venue operator's licence; *venue operator's licence* substituted by No. 29/2009 s. 4(2). ***venue operator's licence*** means a club venue operator's licence or a hotel venue operator's licence issued under Division 2 of Part 4 of Chapter 3; *vessel* inserted by No. 25/2009 s. 12. ***vessel*** includes a ship, boat or vehicle that is capable of use in or on water, whether floating or submersible and whether or not self propelled; ***VicRacing*** means VicRacing Pty Ltd (A.C.N. 064 067 849); ***Victorian company*** means a company within the meaning of the Corporations Act that is taken to be registered in Victoria; ***voting share***, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act; ***wagering*** means pari-mutuel betting on a horse race, harness race or greyhound race; S. 1.3(1) def. of *wagering and betting licence* inserted by No. 40/2008 s. 4(1), amended by No. 13/2023 s. 4(d). ***wagering and betting licence*** means a licence granted under Part 3A of Chapter 4 or a temporary wagering and betting licence issued under section 4.3A.31; S. 1.3(1) def. of *wagering and betting licensee* inserted by No. 40/2008 s. 4(1), amended by No. 13/2023 s. 4(e). ***wagering and betting licensee*** means the holder of a wagering and betting licence; S. 1.3(1) def. of *wagering and betting operator* inserted by No. 32/2012 s. 3(3), substituted by No. 13/2023 s. 4(f). ***wagering and betting operator*** means a company appointed under section 4.3A.15A as operator of a wagering and betting licence; ***wagering event*** means a horse race, harness race or greyhound race; S. 1.3(1) defs of *wagering licence, wagering operator* repealed by No. 28/2022 s. 15(g). S. 1.3(1) def. of *wagering service provider* inserted by No. 56/2014 s. 3(g) (as amended by No. 64/2014 s. 54(b)). ***wagering service provider*** means— (a) a person who operates a totalisator in Victoria or elsewhere; (b) a person who operates a betting exchange in Victoria or elsewhere; (c) a person who, in Victoria or elsewhere, carries on the business of, or acts as, a bookmaker or turf commission agent; (d) a person who, in Victoria or elsewhere, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers; (e) an employee or agent of a person mentioned in paragraph (a), (b), (c) or (d); S. 1.3(1) def. of *wholly‑owned subsidiary* amended by No. 28/2022 s. 15(f). ***wholly-owned subsidiary***— (a) in relation to a body corporate, means a wholly-owned subsidiary of the body corporate within the meaning of the Corporations Act; (c) in relation to any other body, means a body corporate that would be a wholly-owned subsidiary of the body within the meaning of the Corporations Act if the body were a body corporate; ***written notice*** includes a notice given in the form of electronic data from which a written document can be produced or reproduced. S. 1.3(2) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 26.2). (2) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered*** ***relationship*** has the same meaning as in the **Relationships** **Act** **2008**; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. S. 1.3(2A) inserted by No. 60/2011 s. 3(3). (2A) A reference to a person listed on the Roll is to be read as a reference to the person being listed in the appropriate division of the Roll as determined by the Commission on the granting of that person's application under section 3.4.63. S. 1.3(3) amended by Nos 58/2011 s. 70(3), 54/2021 s. 41(d). (3) The Commission may, by instrument, appoint an employee or member of staff referred to in section 29 of the **Victorian Gambling and Casino Control Commission Act 2011** to be an authorised person for the purposes of this Act. S. 1.3(4) inserted by No. 73/2008 s. 18(4). (4) For the purposes of the definition of ***bookmaker's key employee*** in subsection (1), the Commission may specify any activity relating to the operations of a bookmaker by giving written notice to the bookmaker. S. 13AA inserted by No. 56/2014 s.4 (as amended by No. 64/2014 s. 55)). 1.3AA Meaning of *gambling* (1) For the purposes of this Act, ***gambling*** means an activity in which— (a) a prize of money or something else of value is offered or can be won; and (b) a person pays or stakes money or some other valuable consideration to participate; and (c) the outcome involves, or is presented as involving, an element of chance. (2) For the purposes of subsection (1)(c), it is irrelevant— (a) that the outcome of the activity also involves an element of skill; or (b) that an element of chance involved in the activity can be overcome or eliminated by superlative skill. (3) In addition to subsection (1), ***gambling*** includes the following activities— (a) any game known as— (i) baccarat; or (ii) dinah-minah; or (iii) fan-tan; or (iv) faro; or (v) hazard; or (vi) minah-dinah; or (vii) roulette; or (viii) skill-ball; or (ix) two-up; (b) any game that is similar to a game referred to in paragraph (a); (c) any game in which the chances are not equally favourable to all the players, including the banker or other person by whom the game is conducted or against whom the other players stake, play or bet; (d) any game— (i) that is played with cards or a document, device, piece of equipment or other thing; and (ii) in which any person derives a percentage or share of the amount or amounts wagered; (e) the use of a totalisator. (4) Despite subsections (1) and (2), ***gambling*** does not include— (a) an unlisted activity— (i) that is undertaken with no intention to raise money for any purpose; and (ii) in which all money or other valuable consideration paid or staked is returned to the participants; and (iii) in which no person who is organising, managing or supervising the activity (whether or not the person participates in the activity) receives money or other valuable consideration for doing so; or (b) an unlisted activity in which all participation is gratuitous; or (c) receiving or holding any money or valuable consideration by way of stakes or deposit to be paid to— (i) the winner of a race or lawful sport, game or exercise; or (ii) the owner of a horse engaged in a race; or (d) a private raffle among employees of the same employer if— (i) the net proceeds of the raffle are intended to be appropriated to the provision of amenities for employees of that employer; and (ii) the value of the prize does not exceed $5000; or (e) an unlisted activity prescribed for the purposes of this paragraph. ***unlisted activity*** means an activity that is not referred to in subsection (3). S. 1.3A inserted by No. 72/2007 s. 4, amended by No. 23/2025 s. 74(Sch. 1 item 2.2). 1.3A What is intoxication? For the purposes of this Act, a person is in a state of intoxication if the person's speech, balance, co‑ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor. Note to s. 1.3A amended by Nos 58/2011 s. 104(Sch. item 3.1), 26/2022 s. 12. The Victorian Liquor Commission issues guidelines containing information about how to determine whether a person is in a state of intoxication. See section 3AB of the **Liquor Control Reform Act 1998**. S. 1.3B inserted by No. 64/2010 s. 35. 1.3B Meaning of *electronic monitoring system* (1) For the purposes of this Act an ***electronic monitoring system*** is an electronic or computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment. (2) In addition, for the purposes of this Act an ***electronic monitoring system*** includes any software, programming, electronic, computer or communications system or device to enable a venue operator to conduct gaming through a linked jackpot arrangement (other than a gaming machine, linked jackpot display or linked jackpot payout meter). S. 1.3B(3) inserted by No. 4/2014 s. 5. (3) For the purposes of this Act, a pre‑commitment system is not an ***electronic monitoring system***. 1.4 Who is an associate? S. 1.4(1) amended by No. 56/2010, s. 58(1). (1) For the purposes of this Act, an ***associate*** of a gambling industry participant is— S. 1.4(1)(a) amended by No. 56/2010, s. 58(2). (a) a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gambling business of the gambling industry participant, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or S. 1.4(1)(b) amended by No. 56/2010, s. 58(2). (b) a person who is or will be an executive officer, whether in right of the person or on behalf of any other person, of the gambling business of the gambling industry participant; or S. 1.4(1)(c) amended by No. 56/2010, s. 58(2). (c) if the gambling industry participant is a natural person—a person who is a relative of the gambling industry participant. S. 1.4(1A) inserted by No. 62/2017 s. 28. (1A) For the purposes of this Act, a person is not taken to be an ***associate*** of a gambling industry participant only because the person and the participant are parties to a registered assignment agreement within the meaning of Chapter 3. S. 1.4(2) amended by Nos 54/2004 s. 12(1), 29/2009 s. 45(1), 56/2010 s. 58(3). (2) Subsection (1) does not apply for the purposes of Division 6A of Part 3A of Chapter 4 (Betting Exchanges). Note to s. 1.4(2) amended by No. 54/2004 s. 12(2), substituted by Nos 29/2009 s. 45(2), 56/2010 s. 58(4). Section 4.3A.34A defines ***associate*** for the purposes of Division 6A of Part 3A of Chapter 4. ***executive officer***, in relation to a body (whether incorporated or not), means— (a) a director, secretary or member of the committee of management of the body (by whatever name called); or (b) any other person who is concerned with, or takes part in, the management of the body, whether or not the person's position is given the name of executive officer; ***relative***, in relation to a person, means— (a) the spouse or domestic partner of the person; (b) a parent, son, daughter, brother or sister of the person; or (c) a parent, son, daughter, brother or sister of the spouse or domestic partner of the person; ***relevant financial interest***, in relation to a gambling business, means— (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; or (c) any entitlement to receive any payment as a result of money advanced; ***relevant power*** means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial, or executive decision; or (b) to elect or appoint any person as an executive officer. 1.5 Money invested A reference in this Act to money or an amount invested whether in a totalisator or otherwise is taken to refer to money or an amount so invested, less any amount repayable to the investor by way of a refund whether because of the cancellation or calling off of a bet or otherwise. 1.6 Act binds the Crown (1) This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) However, nothing in this Act makes the Crown in any of its capacities liable for an offence. Chapter 2 (Heading) substituted by No. 56/2014 s 5. Chapter 2—General prohibitions and authorisations S. 2.1.1 substituted by No. 56/2014 s. 6. 2.1.1 Purposes The purposes of this Chapter are— (a) to prohibit unauthorised gambling; and (b) to authorise certain types of gambling; and Other Chapters and the **Casino Control Act 1991** also authorise certain types of gambling. (c) to prohibit the advertising of unauthorised gambling; and (d) to void contracts and agreements relating to unauthorised gaming or wagering; and (e) to prohibit the provision of places for unauthorised gambling; and (f) to provide for the banning of irresponsible gambling products and practices. 2.1.2 Definitions (1) In this Chapter— S. 2.1.2(1) def. of *declared place* inserted by No. 56/2014 s. 7(a). ***declared place*** means a place that is subject to a declaration under section 2.5.27; S. 2.1.2(1) def. of *equipment for unauthorised gambling* inserted by No. 56/2014 s. 7(a). ***equipment for unauthorised gambling*** means a document, device, piece of equipment or other thing that is used, apparently used or likely to be used in conducting, or in connection with, unauthorised gambling; S. 2.1.2(1) def. of *instrument of betting* repealed by No. 56/2014 s. 7(c). S. 2.1.2(1) def. of *instrument of gaming* repealed by No. 56/2014 s. 7(c). ***occupier*** of a house or place or of any land or building or premises includes the lessee or sub-lessee who is not the owner or named in the certificate of title; S. 2.1.2(1) def. of *officer of police* repealed by No. 37/2014 s. 10(Sch. item 72.2). ***owner*** of a house, place, land, building or premises includes every person who is, whether at law or in equity— (a) entitled thereto for any estate of freehold in possession; or (b) in actual receipt of or entitled to receive or if the house, place, land, building or premises were let to a tenant would be entitled to receive the rents and profits thereof and if a house, place, land, building or premises is sub-leased includes any lessee or sub-lessee from whom a sub-lessee holds; ***place*** means any place, whether or not— (a) within a building; or (b) on land or water; or (c) defined as to area; or (d) on private property; S. 2.1.2(1) def. of *profit* repealed by No. 56/2014 s. 7(c). def. of *public place* repealed by No. 25/2009 s. 13. S. 2.1.2.(1) def. of *racecourse* repealed by No. 56/2014 s. 7(c). S. 2.1.2(1) def. of *race meeting* repealed by No. 56/2014 s. 7(c). S. 2.1.2(1) def. of *sporting event* amended by No. 56/2014 s. 7(b). ***sporting event*** includes a horse race or other race, fight, game, sport or exercise. S. 2.1.2(1) def. of *undertaking* repealed by No. 56/2014 s. 7(c). *vehicle* repealed by No. 25/2009 s. 13. *vessel* repealed by No. 25/2009 s. 13. (2) In this Chapter, a reference to a person found committing an offence includes a reference to a person found doing or omitting to do an act in such circumstances that the finder believes on reasonable grounds that the person is guilty of an offence against this Chapter. S. 2.1.3 repealed by No. 56/2014 s. 8. Ch. 2 Pt 2 (Heading and ss 2.2.1-2.2.9) amended by No. 68/2009 s. 97(Sch. items 62.1, 62.2), substituted as Ch. 2 Pt 2 (Heading and ss 2.2.1-2.2.8) by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). Part 2—Gambling Division 1—Unauthorised gambling S. 2.2.1 substituted by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). 2.2.1 Prohibition against unauthorised gambling (1) A person must not conduct unauthorised gambling. (2) Without limiting subsection (1), a person conducts unauthorised gambling if the person— (a) organises, manages or supervises unauthorised gambling; or (b) distributes a prize offered in unauthorised gambling; or (c) distributes money or other valuable consideration paid or staked in unauthorised gambling; or (d) facilitates participation in unauthorised gambling (including by allowing a person to participate in unauthorised gambling); or (e) uses a document, device, piece of equipment or other thing for the purposes of enabling unauthorised gambling to take place; or (f) assists in an activity described in paragraph (a), (b), (c), (d) or (e). (3) A person does not conduct unauthorised gambling merely because the person participates in unauthorised gambling. S. 2.2.2 substituted by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). 2.2.2 Recovery of money lost in unauthorised gambling (1) This section applies if a person (***the participant***) has paid or staked money or other valuable consideration in unauthorised gambling. (2) Each person who conducted the unauthorised gambling is jointly and severally liable to return the money or other valuable consideration (or the value of the valuable consideration) to the participant. (3) The participant may recover the money or other valuable consideration (or the value of the valuable consideration) in a court of competent jurisdiction. Division 2—Authorised gambling S. 2.2.3 substituted by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). 2.2.3 Authorisation for games at amusement centres, fetes, carnivals etc. (1) A person may, in accordance with this section, offer a prize at a place or function specified in subsection (2) or any similar place or function. (2) The following places and functions are specified for the purposes of subsection (1)— (a) an amusement centre; (b) a tourist centre; (c) a recreational centre; (d) a fete; (e) a fair; (f) a bazaar; (g) a carnival; (h) a gymkhana. (3) A person conducting an activity referred to in subsection (1) must— (a) ensure that the value of the money or valuable consideration to which each participant is entitled at each attempt does not exceed $50; and (b) comply with the prescribed standards and conditions. (4) A person conducting an activity referred to in subsection (1) may engage in that activity by means of a device or game. S. 2.2.4 substituted by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). 2.2.4 Authorisation for two-up on ANZAC Day (1) A person may conduct a game of two-up on ANZAC Day— (a) at any premises being used on that day by any sub-branch of the Returned and Services League; and (b) at any premises, or in any area, approved for the purposes of this subsection by the Returned and Services League. (2) A person may conduct a game of two-up at any function commemorating ANZAC Day if the function— (a) is held not more than 7 days before ANZAC Day; and (b) is organised by a sub-branch of the Returned and Services League; and (c) is held at any place which is owned or occupied by the sub-branch and which is approved for the purposes of this subsection by the Returned and Services League. S. 2.2.5 substituted by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). 2.2.5 Authorisation for betting games on approved foot or bicycle races (1) A person may conduct a betting game on a foot race or bicycle race that is— (a) conducted by a club or other organisation affiliated with the Victorian Athletic League or Victorian Cycling Incorporated; and (b) approved by a prescribed person. (2) An application for approval of a foot race or bicycle race must be accompanied by the prescribed fee (if any). (3) An approval may be given in respect of a specified race or races of a specified class. S. 2.2.6 substituted by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). 2.2.6 Approved Calcutta Sweepstakes permitted (1) A club may conduct Calcutta Sweepstakes in accordance with an approval issued under this section. (2) A club may apply to the Minister for approval to conduct Calcutta Sweepstakes. (3) An application must be accompanied by the prescribed fee (if any). (4) The Minister may issue an approval under this section and for that purpose may take into account any matter that the Minister considers relevant. (5) Without limiting subsection (4), the Minister may consider— (a) whether the club is conducted in good faith; and (b) whether the club has contravened any law relating to gambling; and (c) the types of sporting events on which the club wishes to conduct Calcutta Sweepstakes. (6) An approval is subject to the following conditions— (a) the Calcutta Sweepstakes may be conducted only with respect to sporting contingencies; (b) subscriptions may be canvassed or made only on the club premises; (c) participation must be limited to members of the club and their guests; (d) not more than 5% of the proceeds of each sweepstake may be retained by the club for its expenses of conducting the sweepstake and the whole of the remainder must be distributed as prizes among the participants; (e) no written notice or advertisement of a Calcutta Sweepstake may be exhibited, distributed or published except— (i) a notice exhibited on the premises of the club; or (ii) a circular to members advising of the intention to conduct the sweepstake; (f) a Calcutta Sweepstake must be conducted in accordance with the regulations (if any); (g) any other conditions that the Minister thinks fit. (7) An approval under this section is not transferable to any other club. S. 2.2.7 substituted by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). 2.2.7 Suspension or revocation of approval to conduct Calcutta Sweepstakes (1) The Minister may suspend or revoke an approval under section 2.2.6 by giving the holder of the approval a written notice stating the reason for the suspension or revocation. (2) Without limiting subsection (1), the Minister may suspend or revoke an approval if the holder of the approval has contravened this Act, the regulations or a condition of the approval. Division 3—Advertising of unauthorised gambling S. 2.2.8 substituted by No. 56/2014 s. 9 (as amended by No. 64/2014 s. 56(1)). 2.2.8 Prohibition against advertising unauthorised gambling (1) A person must not publish, or cause to be published, any advertising that contains any information, term, expression, symbol or other thing associated with unauthorised gambling. (2) For the purposes of subsection (1), information or a term, expression, symbol or other thing is taken to be associated with unauthorised gambling if— (a) a reasonable person with ordinary knowledge who is a resident of Victoria would consider it to be associated with gambling; and (b) the gambling with which it would be considered to be associated is unauthorised gambling. ***publish*** includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers). Ch. 2 Pt 3 (Heading and ss 2.3.1-2.3.5) amended by Nos 58/2011 s. 104(Sch. item 3.2), 21/2014 s. 3, repealed by No. 56/2014 s. 10. Part 4—Gaming or wagering agreements S. 2.4.1 substituted by No. 56/2014 s. 11. 2.4.1 Unauthorised gaming or wagering contracts are void A gaming or wagering contract or agreement (whether written or not) is void if the gaming or wagering to which it relates is unauthorised gambling. S. 2.4.2 amended by Nos 45/2004 s. 18, 73/2008 s. 19, 29/2009 s. 46, repealed by No. 56/2014 s. 12. Ch. 2 Pt 5 (Heading) substituted by No. 56/2014 s. 13. Part 5—Places provided for unauthorised gambling Ch. 2 Pt 5 Div. 1 (Heading and ss 2.5.1-2.5.6) amended by Nos 45/2004 s. 19, 104/2004 s. 5(1), 73/2008 s. 20, 68/2009 s. 97(Sch. item 62.3), repealed by No. 56/2014 s. 14. Ch. 2 Pt 5 Div. 2 (Heading and ss 2.5.7-2.5.10) amended by Nos 104/2004 s. 52, 68/2009 s. 97(Sch. item 62.4), repealed by No. 56/2014 s. 14. Ch. 2 Pt 5 Div. 3 (Heading and ss 2.5.11–2.5.13) repealed by No. 71/2008 s. 29(a). Ch. 2 Pt 5 Div. 4 (Heading and s. 2.5.14) repealed by No. 56/2014 s. 14. Ch. 2 Pt 5 Div. 4A (Heading and ss 2.5.14A, 2.5.14B) inserted by No. 29/2009 s. 47, repealed by No. 56/2014 s. 14. Ch. 2 Pt 5 Div. 5 (Heading and ss 2.5.15AA-2.5.19) amended by Nos 45/2004 ss 20, 21, 82/2005 ss 6, 7(a), 18/2007 s. 4(c)-(e), 72/2007 s. 5, 73/2008 s. 21, 25/2009 ss 40, 41, 52, 52/2009 s. 16, 58/2009 s. 142(1), 68/2009 s. 97(Sch. item 62.5), repealed by No. 56/2014 s. 14. Ch. 2 Pt 5 Div. 5A (Heading and ss 2.5.19A–2.5.19F) inserted by No. 72/2007 s. 6, amended by Nos 73/2008 s. 22, 29/2009 s. 44(2), 30/2010 ss 78, 79, 21/2012 s. 239(Sch. 6 item 19), repealed by No. 56/2014 s. 14. Ch. 2 Pt 5 Div. 6 (Heading) repealed by No. 56/2014 s. 15. S. 2.5.20 substituted by No. 56/2014 s. 16 (as amended by No. 64/2014 s. 56(2)). 2.5.20 Prohibition against providing place for unauthorised gambling (1) A person must not provide a place for the purposes of unauthorised gambling. (2) A person does not commit an offence against subsection (1) if the person— (a) is an owner, or the agent of an owner, of the place; and (b) is not an occupier of the place; and (c) either— (i) was unaware, and had no reasonable ground to suspect, that the place was provided for the purposes of unauthorised gambling; or (ii) had taken all reasonable steps to prevent the place being provided for the purposes of unauthorised gambling. S. 2.5.21 (Heading) amended by No. 56/2014 s. 17(1). 2.5.21 Warrant to enter place provided for unauthorised gambling and search and seize on premises S. 2.5.21(1) amended by Nos 37/2014 s. 10(Sch. item 72.3(a)), 56/2014 s. 17(2). (1) A police officer may apply to a magistrate for a warrant under this section if the police officer or another person suspects on reasonable grounds that any place— S. 2.5.21(1)(a) substituted by No. 56/2014 s. 17(3). (a) is provided for the purposes of unauthorised gambling; or S. 2.5.21(1)(b) substituted by No. 56/2014 s. 17(3). (b) contains any equipment for unauthorised gambling. S. 2.5.21(2) amended by No. 6/2018 s. 68(Sch. 2 item 59.1). (2) If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for the suspicion founding an application under subsection (1), the magistrate may issue a special warrant in the form of Form 1 in Schedule 4. S. 2.5.21(3) amended by No. 37/2014 s. 10(Sch. item 72.3(b)(i)). (3) A special warrant under this section authorises and directs the person to whom it is issued and any other police officer— S. 2.5.21(3)(a) amended by No. 56/2014 s. 17(4)(a). (a) to enter and re-enter the place at any time and as often as and with any assistants that may be found necessary and if necessary to use force for making entry or re-entry whether by breaking open doors or otherwise; and S. 2.5.21(3)(b) amended by No. 56/2014 s. 17(4)(a). (b) to arrest, search and bring before a bail justice or the Magistrates' Court to be dealt with according to law all persons found in the place or entering or leaving it; and S. 2.5.21(3)(c) amended by Nos 37/2014 s. 10(Sch. item 72.3 (b)(ii)), 56/2014 s. 17(4)(a)(b). (c) to diligently search all parts of the place where the police officer suspects that equipment for unauthorised gambling are concealed; and S. 2.5.21(3)(d) amended by No. 56/2014 s. 17(4)(b). (d) to seize and bring before a bail justice or the Magistrates' Court to be dealt with according to law all equipment for unauthorised gambling and all money and securities for money found in the place or on any person referred to in paragraph (b). S. 2.5.22 (Heading) amended by No. 37/2014 s. 10(Sch. item 72.4). 2.5.22 Offence to obstruct the entry of authorised police officers S. 2.5.22(a) amended by Nos 37/2014 s. 10(Sch. item 72.5), 56/2014 s. 18. (a) wilfully prevent a police officer authorised to enter any place by a warrant under section 2.5.21 from entering or re-entering the place or any part of it; or S. 2.5.22(b) amended by Nos 37/2014 s. 10(Sch. item 72.5), 56/2014 s. 18. (b) obstruct or delay any police officer in entering or re-entering the place or part; or S. 2.5.22(c) amended by Nos 37/2014 s. 10(Sch. item 72.5), 56/2014 s. 18. (c) for the purpose of preventing obstructing or delaying the entry or re-entry of a police officer into a place referred to in the warrant, secure an external or internal door or means of access by a bolt, bar, chain or other contrivance or uses any other means for that purpose. 1. 25 penalty units or imprisonment for 6 months or both. S. 2.5.23 (Heading) amended by No. 56/2015 s. 19(1). 2.5.23 Obstructing entry to be evidence of place being provided for unauthorised gambling S. 2.5.23 amended by No.56/2014 s. 19(2)(d). If— S. 2.5.23(a) amended by Nos 37/2014 s. 10(Sch. item 72.5), 56/2014 s. 19(2)(a). (a) a police officer authorised by a warrant under section 2.5.21 to enter a place is wilfully prevented from or obstructed or delayed in entering or re‑entering the place or any part of it; or S. 2.5.23(b) amended by No. 56/2014 s. 19(2)(b). (b) an external or internal door or means of access to a place authorised to be entered under the warrant is found to be fitted or provided with a bolt, bar, chain or other means or contrivance for the purpose of preventing delaying or obstructing entry or re-entry or for giving an alarm in case of entry or re-entry; or S. 2.5.23(c) amended by No. 45/2004 s. 22, substituted by No. 56/2014 s. 19(2)(c). (c) a place is found fitted or provided with equipment for unauthorised gambling or any means or contrivance for— (i) conducting a lottery or totalisator; or (ii) concealing, removing or destroying equipment for unauthorised gambling— the prevention, obstruction, delay, fitting or finding is, without prejudice to any other mode of proof, proof in the absence of evidence to the contrary that the place is provided for the purposes of unauthorised gambling and that unauthorised gambling was being conducted at the place. S. 2.5.24 repealed by No. 56/2014 s. 20. S. 2.5.25 (Heading) amended by No. 56/2014 s. 21(1). 2.5.25 Power of owner to evict occupier of place provided for unauthorised gambling S. 2.5.25(1) substituted by No. 56/2014 s. 21(2). (1) An owner of a place may serve on an occupier a notice to quit if the owner has reasonable grounds to suspect that the place is provided for the purposes of unauthorised gambling. S. 2.5.25(1A) inserted by No. 56/2014 s. 21(2). (1A) A notice served under this section must state that it is served under this section. S. 2.5.25(2) amended by No. 56/2014 s. 21(3). (2) Subject to this Act, if a notice is served under this section, any tenancy under which the occupier occupies the place is terminated on the 3rd day after the date of service as if the tenancy had expired by effluxion of time. (3) If a tenancy terminates under subsection (2), the owner may, without any authority other than this Act, take legal proceedings to evict and may evict the occupier. S. 2.5.25(4) amended by No. 56/2014 s. 21(3). (4) A notice under this section must be served personally on the occupier unless the occupier cannot be found, in which case service may be effected by posting a copy of the notice on a conspicuous part of the place. S. 2.5.25(5) inserted by No. 71/2008 s. 4, amended by Nos 56/2014 s. 21(4), 45/2018 s. 374. (5) This section does not apply if the occupier occupies the place under a residential rental agreement to which the **Residential Tenancies Act 1997** applies. 2.5.26 Cancellation of notice to quit S. 2.5.26(1) amended by No. 56/2014 s. 22(1). (1) A notice to quit under section 2.5.25 may at any time be cancelled and relief be granted by the Supreme Court subject to any terms the court thinks fit on application by the occupier and on proof that the occupier has not at any time provided, or permitted the place to be provided, for the purposes of unauthorised gambling. S. 2.525(1)(a) repealed by No. 56/2014 s. 22(2). S. 2.525(1)(b) repealed by No. 56/2014 s. 22(2). S. 2.5.26(2) amended by No. 56/2014 s. 22(3). (2) Notice in writing of an application under subsection (1) must, not less than 72 hours before the hearing of the application, be given to the owner of the place. (3) On being served on the owner, notice of an application under subsection (1) operates as a stay of any proceedings under section 2.5.25 until the matter of the application is determined. S. 2.5.27 (Heading) amended by No. 56/2014 s. 23(1). 2.5.27 Declaration of place provided for unauthorised gambling S. 2.5.27(1) amended by Nos 37/2014 s. 10(Sch. item 72.6), 56/2014 s. 23(2)(a). (1) A senior police officer may apply to the Magistrates' Court for a declaration under subsection (4) if the officer suspects on reasonable grounds that a place is provided for the purposes of unauthorised gambling. S. 2.5.27(1)(a) repealed by No. 56/2014 s. 23(2)(b). S. 2.5.27(1)(b) repealed by No. 56/2014 s. 23(2)(b). (2) An application must be supported by affidavit. (3) Notice in writing of the application must, not less than 72 hours before the hearing of the application— S. 2.5.27(3)(a) amended by No. 56/2014 s. 23(3). (a) be served on the owner or occupier of the place; or S. 2.5.27(3)(b) amended by No. 56/2014 s. 23(3). (b) be advertised in a newspaper circulating generally in the locality in which the place is situated. S. 2.5.27(4) substituted by No. 56/2014 s. 23(4). (4) On an application under subsection (1), the Magistrates' Court may declare that the place which is the subject of the application is provided for the purposes of unauthorised gambling. (5) A declaration remains in force— (a) for the period specified in the declaration; or (b) until rescinded by the Magistrates' Court— whichever is the earlier. 2.5.28 Application for rescission by owner etc. S. 2.5.28(1) amended by No. 56/2014 s. 24(1). (1) The owner, agent, mortgagee or occupier of a declared place may apply to the Magistrates' Court for rescission of the declaration. S. 2.5.28(2) amended by Nos 37/2014 s. 10(Sch. item 72.7), 56/2014 s. 24(2). (2) Notice in writing of the application must, not less than 72 hours before the hearing of the application, be served on a senior police officer stationed in the police district in which the declared place is situated. S. 2.5.28(3) substituted by No. 56/2014 s. 24(3). (3) On an application under subsection (1), the applicant must prove on the balance of probabilities that the applicant has not at any time provided the declared place, or permitted it to be provided, for the purposes of unauthorised gambling. S. 2.5.28(4) substituted by No. 56/2014 s. 24(3). (4) The Magistrates' Court may rescind a declaration subject to any terms or conditions that the Court thinks fit, including the giving of security to ensure that the declared place will not again be provided for the purposes of unauthorised gambling. 2.5.29 Application for rescission by police S. 2.5.29(1) amended by Nos 37/2014 s. 10(Sch. item 72.8), 56/2014 s. 25(1). (1) A senior police officer may apply to the Magistrates' Court for rescission of a declaration that a place is provided for the purposes of unauthorised gambling. S. 2.5.29(2) amended by No. 56/2014 s. 25(2). (2) On an application under subsection (1), the applicant must prove on the balance of probabilities that the declared place is not provided for the purposes of unauthorised gambling or used or in contravention of this Part. (3) The Magistrates' Court may rescind a declaration in the manner referred to in section 2.5.28(4). 2.5.30 Notice in the Government Gazette (1) The applicant must cause to be published in the Government Gazette notice of— (a) a declaration under section 2.5.27; or (b) a rescission under section 2.5.28 or 2.5.29 and the terms or conditions subject to which the rescission was made. (2) In a proceeding under this Act, the production of a copy of the Government Gazette containing a notice referred to in subsection (1) is evidence that the declaration or rescission referred to in the notice was duly made. 2.5.31 Other notices of declaration S. 2.5.31(1) amended by Nos 37/2014 s. 10(Sch. item 72.9(a)), 56/2014 s. 26(1)(a). (1) If a declaration is made under section 2.5.27, a senior police officer must— (a) cause a notice of the making of the declaration— S. 2.5.31(1) (a)(i) amended by No. 56/2014 s. 26(1)(b). (i) to be published on 2 days in a newspaper circulating in the neighbourhood of the declared place; and S. 2.5.31(1) (a)(ii) amended by No. 56/2014 s. 26(1)(b). (ii) to be served on the owner, agent, mortgagee or occupier of the declared place; and S. 2.5.31(1)(b) amended by No. 56/2014 s. 26(1)(b). (b) cause a copy of the declaration to be posted up on the declared place so as to be visible and legible to a person entering the declared place. (2) Service under subsection (1)(a)(ii) may be effected— (a) by personal service; or S. 2.5.31(2)(b) amended by Nos 37/2014 s. 10(Sch. item 72.9(b)), 56/2014 s. 26(2). (b) if, in the opinion of the senior police officer, personal service cannot be effected promptly, by causing a copy of the notice to be affixed at or near to the entrance to the declared place; or S. 2.5.13(2)(c) amended by No. 56/2014 s. 26(2). (c) in the case of the owner or occupier, by posting a prepaid letter addressed to "the owner" or "the occupier" and bearing an address or description of the declared place that, in the opinion of the court, would ensure the delivery of the letter at the declared place. (3) In a proceeding under this Act, the production of a copy of a newspaper containing a notice referred to in subsection (1)(a)(i) is evidence that the notice was duly published in that newspaper on the date appearing on the newspaper. (4) A person must not cover, remove, deface or destroy a copy of a declaration posted up on premises in accordance with subsection (1)(b). (5) It is not a defence to a proceeding under this Division to show— (a) non-compliance with any of the requirements of this section; or (b) that a copy of a declaration posted up on premises in accordance with subsection (1)(b) has been covered, removed, defaced or destroyed. S. 2.5.32 (Heading) amended by No. 56/2014 s. 27(1). 2.5.32 Persons found etc. in declared place S. 2.5.32(1) substituted by No. 56/2014 s. 27(2). (1) A person must not enter, remain in, or be (found leaving a declared place if notice of the making of the declaration has been published in accordance with section 2.5.31(1)(a)(i). Penalty: 60 penalty units or imprisonment for 6 months or both. S. 2.5.32(2) amended by No. 68/2009 s. 97(Sch. item 62.6). (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused— (a) was ignorant of the making of the declaration at the time of the alleged offence; or S. 2.5.23(2)(b) amended by No. 56/2014 s. 27(3). (b) was in or entering or leaving the declared place for a lawful purpose. S. 2.5.33 substituted by No. 56/2014 s. 28. 2.5.33 Convicted persons found in declared place A person who has been convicted of an indictable offence must not enter or remain in a declared place. Penalty: 100 penalty units or imprisonment for 12 months or both. S. 2.5.34 repealed by No. 56/2014 s. 29. 2.5.35 Liability of owner S. 2.5.35(1)(a) substituted by No. 56/2014 s. 30(1). (a) notice of the making of a declaration under section 2.5.27 is served on an owner of the declared place; and S. 2.5.35(1)(b) substituted by No. 56/2014 s. 30(1). (b) during the time that the declaration is in force, the declared place is provided for the purposes of unauthorised gambling— the owner is guilty of an offence. 1. For a first offence, 100 penalty units or imprisonment for 12 months or both; For a second or subsequent offence, 200 penalty units or imprisonment for 2 years or both. S. 2.5.35(2) amended by Nos 68/2009 s. 97(Sch. item 62.7), 56/2014 s. 30(2). (2) It is a defence to a charge for an offence against subsection (1) to prove that the accused took all reasonable steps to evict the occupier from the declared place. 2.5.36 Liability of occupier S. 2.5.36(1)(a) substituted by No. 56/2014 s. 31. (a) notice of the making of a declaration is served on an occupier of the declared place; and S. 2.5.36(1)(b) substituted by No. 56/2014 s. 31. (b) during the time that the declaration is in force, the place is provided for the purposes of unauthorised gambling— the occupier is guilty of an offence. 1. For a first offence, 100 penalty units or imprisonment for 12 months or both; For a second or subsequent offence, 200 penalty units or imprisonment for 2 years or both. S. 2.5.36(2) amended by No. 68/2009 s. 97(Sch. item 62.8). (2) It is a defence to a charge for an offence against subsection (1) to prove that the accused took all reasonable steps to prevent such use. S. 2.5.37 amended by No. 37/2014 s. 10(Sch. item 72.10). 2.5.37 Additional penalty for continuing offences A person who is guilty of an offence against section 2.5.35(1) or 2.5.36(1) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that section, to a further penalty of not more than 5 penalty units for each day during which the offence continued after service by a police officer on the person of a notice of contravention. S. 2.5.38 amended by Nos 37/2014 s. 10(Sch. item 72.11(a)), 56/2014 s. 32(a). 2.5.38 Entry by police While a declaration under this Part is in force with respect to a place, any police officer may at any time— S. 2.5.38(a) amended by No. 56/2014 s. 32(b). (a) enter that place; and S. 2.5.38(b) amended by No. 37/2014 s. 10(Sch. item 72.11(b)), repealed by No. 56/2014 s. 32(c). S. 2.5.38(c) amended by No. 56/2014 s. 32(d). (c) pass through, from, over and along any other land or building for the purpose of entering under paragraph (a) ; and S. 2.5.38(d) amended by No. 56/2014 s. 32(e). (d) for the purposes of paragraph (a) or (c) break open doors, windows and partitions and do any other acts that are necessary; and S. 2.5.38(e) substituted by No. 56/2014 s. 32(f). (e) seize any equipment for unauthorised gambling and any money or securities for money in that place or in the possession of any persons found there; and S. 2.5.38(f) amended by No. 56/2014 s. 32(g). (f) arrest, search and bring before a bail justice or the Magistrates' Court all persons found in or on or entering or leaving that place without lawful excuse. S. 2.5.39 amended by Nos 10/2004 s. 15(Sch. 1 item 10.1), 37/2014 s. 10(Sch. item 72.12), repealed by No. 56/2014 s. 33. S. 2.5.40 (Heading) amended by No. 56/2014 s. 34(1). 2.5.40 Procedure where place is entered under a warrant etc. S. 2.5.40(1)(a) amended by No. 56/2014 s. 34(2)(a). (a) a place is entered under a warrant under section 2.5.21 and a person is found in the place or entering or leaving it; or S. 2.5.40(1)(b) amended by No. 56/2014 s. 34(2)(b). (b) a person is arrested as a person found in or entering or leaving a place to which this Division applies. (2) If this section applies— S. 2.5.40(2)(a) amended by Nos 37/2014 s. 10(Sch. item 72.13), 56/2014 s. 34(3), 23/2025 s. 74(Sch. 1 item 2.3). (a) the police officer authorised to enter the place or to make or making the arrest may require the person to give the person's name and address; S. 2.5.40(2)(b) amended by No. 37/2014 s. 10(Sch. item 72.13). (b) a police officer must as soon as possible bring all such persons or as many of them as possible before a bail justice or the Magistrates' Court to be dealt with according to law; (c) in addition to any other power that the bail justice or the Court may possess, the bail justice or the Court may— S. 2.5.40(2) (c)(i) amended by Nos 37/2014 s. 10(Sch. item 72.13), 1/2021 s. 10.[[1]](#endnote-2) (i) on the oral statement of a police officer (with or without oath or affirmation as to the bail justice or the Court seems fit) direct orally or in writing that a person be released from custody; or (ii) by warrant in the form of Form 3 in Schedule 4 imprison a person until the hearing of a charge against them for an offence under this Division; or (iii) discharge a person on the person entering into a recognizance (with or without sureties at the discretion of the bail justice or the Court) conditioned for appearing at the hearing of the charge; (d) in the case of a person so imprisoned, if within 24 hours after the person has been received into custody in a prison, a document purporting to be a copy of the charge is not served on or delivered to the person having the legal custody of the person, the person must be discharged from custody; S. 2.5.40(2)(e) amended by Nos 56/2014 s. 34(3), 1/2021 s. 10.[[2]](#endnote-3) (e) on a prosecution of a person for an offence in connection with a place referred to in subsection (1), any other person found in the place (whether or not concerned in or connected with any contravention of this Division and whether or not present in court by virtue of any recognizance, summons or warrant) may be required by the court to give evidence on oath or affirmation relating to the offence; (f) a person referred to in paragraph (e) is not excused from giving evidence on the ground that it will tend to incriminate the person; S. 2.5.40(2)(g) amended by No. 6/2018 s. 68(Sch. 2 item 59.2). (g) a person referred to in paragraph (e) who refuses to be sworn or affirmed or to give evidence is subject to be dealt with in all respects as if the person were a person appearing before a court in obedience to a subpoena or a summons to a witness who refuses without lawful cause or excuse to be sworn or affirmed or to give evidence. (3) A person must not— (a) refuse to give a name or address under subsection (2)(a); or (b) give a false name or address. 1. 5 penalty units or imprisonment for 1 month or both. (4) A warrant to imprison under subsection (2)(c)(ii) may be issued for more than one person and, if so, it authorises the imprisonment of each person in respect of whom it is issued. 2.5.41 Persons required to be examined as witnesses making a full discovery to receive a certificate (1) If the Court is satisfied that a person required to be examined as a witness under section 2.5.40 makes true and faithful discovery on the examination to the best of the person's belief of all things as to which the person is examined, the Court must give the person a certificate in writing to that effect. (2) If the Court is satisfied that a person concerned in or connected with a contravention of this Division who— S. 2.5.41(2)(a) amended by No. 56/2014 s. 35. (a) is called as a witness for the prosecution on the trial or hearing before the Court of any charge against any other person in connection with or in respect of a place provided for the purposes of unauthorised gambling; and (b) on the examination as a witness makes true and faithful discovery to the best of the person's belief of all things as to which the person is examined— the Court may give the person a certificate in writing to that effect. 2.5.42 Indemnity of witnesses S. 2.5.42(1) amended by No. 56/2014 s. 36. (1) A person who receives a certificate under section 2.5.41 is freed from all criminal prosecutions, penal actions, penalties, forfeitures and punishments to which the person has before that time become liable under this Act or any other Act or law relating to gambling touching the matters in respect of which the person is so examined. S. 2.5.42(2) amended by No. 68/2009 s. 97(Sch. item 62.9). (2) If any action or charge for an offence is at any time pending in any court against the person in respect of any act, matter or thing concerning which the person was so examined as a witness and in respect of which the person has before that time become liable, the court, on the production and proof of the certificate and on proof that the person was so examined touching the act, matter or thing— (a) must stay the proceedings; and (b) may award the person such costs as the person has been put to or such fixed sum for or towards costs as the court thinks fit. S. 2.5.43 (Heading) amended by No. 56/2014 s. 37(1). 2.5.43 Persons found in place provided for unauthorised gambling S. 2.5.43 amended by No. 56/2014 s. 37(2). A person who is at any time found in a place provided for the purposes of unauthorised gambling (whether entered under a warrant or not) without lawful excuse is guilty of an offence. 1. For a first offence, 25 penalty units; S. 2.5.44 repealed by No. 56/2014 s. 38. Ch. 2 Pt 5 Div. 7 (Heading and s. 2.5.45) amended by No. 104/2004 s. 5(3), repealed by No. 56/2014 s. 39. Ch. 2 Pt 5A (Headings and ss 2.5A.1–2.5A.14) inserted by No. 71/2008 s. 5. Part 5A—Banning irresponsible gambling products and practices S. 2.5A.1 inserted by No. 71/2008 s. 5. 2.5A.1 Definitions ***fixed term ban order*** means an order made under section 2.5A.9; ***gambling practice*** means any practice that is adopted in connection with the offering or provision of a gambling product; ***gambling product*** means a product that may be used for gambling or that resembles a product that may be used for gambling, whether or not that product is otherwise regulated by or under a gaming Act; ***interim ban order*** means an order made under section 2.5A.2; ***responsible gambling objective*** means an objective referred to in section 1.1(2)(a) or (ab). Division 2—Interim ban orders S. 2.5A.2 inserted by No. 71/2008 s. 5. 2.5A.2 Minister may make interim ban order (1) The Minister, by notice published in the Government Gazette, may make an order banning a gambling product or gambling practice, if the Minister considers that the product or practice undermines or may undermine a responsible gambling objective. (2) The Minister may make an interim ban order whether or not the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria. (3) The Minister must publish notice of the making of an interim ban order in a newspaper circulating generally in Victoria. S. 2.5A.3 inserted by No. 71/2008 s. 5. 2.5A.3 Duration of interim ban order An interim ban order— (a) takes effect on the day on which notice of the order is published in the Government Gazette, or on a later day specified in the notice; and (b) remains in force for 12 months after the day on which it takes effect, unless it is sooner revoked by the Minister or replaced by a fixed term ban order. S. 2.5A.4 inserted by No. 71/2008 s. 5, substituted by No. 9/2018 s. 3. 2.5A.4 Procedure following interim ban order (1) If the Minister makes an interim ban order, the Minister must ensure that written notice of the order is given to any person who the Minister is aware is offering or providing the gambling product or adopting the gambling practice in Victoria. (2) On receipt of a notice under subsection (1), a person may make a submission to the Minister regarding an interim ban order or the gambling product or gambling practice to which the interim ban order relates. (3) A person may make a submission referred to in subsection (2) within 90 days of the date of the notice, or such other longer period as specified in the order. Division 3—Fixed term ban orders Ss 2.5A.5–2.5A.8 inserted by No. 71/2008 s. 5, repealed by No. 9/2018 s. 4. S. 2.5A.9 inserted by No. 71/2008 s. 5. 2.5A.9 Fixed term ban order S. 2.5A.9(1) substituted by No. 9/2018 s. 5(1). (1) The Minister may make an order banning a gambling product or gambling practice that is the subject of an interim ban order for a period not exceeding 10 years, if the Minister is satisfied that the product or practice undermines or may undermine a responsible gambling objective. S. 2.5A.9(1A) inserted by No. 9/2018 s. 5(1). (1A) In making a fixed term ban order— (a) the Minister must consider, but is not bound by, any submissions received under section 2.5A.4; and (b) the Minister may seek, but is not bound by, the advice of any person the Minister thinks fit. S. 2.5A.9(1B) inserted by No. 9/2018 s. 5(1). (1B) The Minister may make a fixed term ban order even if the Minister has not received any submissions within the time limit referred to in section 2.5A.4(3). S. 2.5A.9(2) substituted by No. 9/2018 s. 5(2). (2) In circumstances where the Minister is not aware of any person providing a gambling product or engaging in a gambling practice that is the subject of an interim ban order, the Minister may not make a fixed term ban order until at least 90 days after the interim ban order is made. (3) The Minister may make a fixed term ban order whether or not— (a) the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria; or (b) the interim ban order in respect of the gambling product or gambling practice has expired. (4) The Minister makes a fixed term ban order by notice published in the Government Gazette. (5) If the Minister makes a fixed term ban order— (a) the Minister must publish notice of the making of the order in a newspaper circulating generally in Victoria; and (b) the Minister must cause a copy of the order to be presented to each House of Parliament within 6 sitting days of that House after the making of the order; and (c) the Minister must give a copy of the notice to the Commission; and (d) the Commission must cause a copy of the notice to be made available on its website as soon as practicable after receiving the copy from the Minister. (6) A notice under subsection (4) or (5) must include the Minister's reasons for making the fixed term ban order. S. 2.5A.10 inserted by No. 71/2008 s. 5. 2.5A.10 Duration of fixed term ban order A fixed term ban order— (a) takes effect on the day on which notice of the order is published in the Government Gazette, or on a later day specified in the notice; and (b) remains in force for the period specified in the order by the Minister, unless it is sooner revoked by the Minister. S. 2.5A.11 inserted by No. 71/2008 s. 5. 2.5A.11 Revocation of fixed term ban order (1) The Minister, by notice published in the Government Gazette, may revoke a fixed term ban order at any time. (2) The Minister must give a copy of the notice to the Commission as soon as practicable after the notice is published. S. 2.5A.12 inserted by No. 71/2008 s. 5. 2.5A.12 Disallowance of fixed term ban order (1) A fixed term ban order is disallowed if— (a) a notice of a resolution to disallow the order is given in a House of Parliament on or before the 18th sitting day of that House after the order is presented to that House; and (b) the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution. (2) Disallowance of a fixed term ban order has the same effect as a revocation of the order. Division 4—Effect of ban orders S. 2.5A.13 inserted by No. 71/2008 s. 5. 2.5A.13 Offence to breach ban order (1) While an interim ban order or fixed term ban order is in force, a person must not offer or provide a gambling product, or adopt a gambling practice, in contravention of the order. S. 2.5A.13(2) amended by No. 68/2009 s. 97(Sch. item 62.10), substituted by No. 18/2025 s. 4. (2) A person does not commit an offence against subsection (1) if— (a) notice of the making of the order is not published in a newspaper circulating generally in Victoria; and (b) the person is not aware of the making of the order. Division 5—General S. 2.5A.14 inserted by No. 71/2008 s. 5. 2.5A.14 No compensation No compensation is payable by the State in respect of loss, damage or injury of any kind suffered by any person as a result of, or arising out of, the making of an interim ban order or a fixed term ban order. Part 6—General S. 2.6.1 amended by No. 104/2004 s. 5(4), repealed by No. 56/2014 s. 40. S. 2.6.2 amended by No. 37/2014 s. 10(Sch. item 72.14), repealed by No. 56/2014 s. 40. S. 2.6.2 amended by No. 37/2014 s. 10(Sch. item 72.14(a)). 2.6.3 Money stolen and paid away in bets is recoverable If money is stolen or embezzled and paid to a person as or on account of a wager or bet, the person from whom it was stolen or embezzled may recover it, or a sum not exceeding its amount, in a court of competent jurisdiction from the person to whom it was paid. S. 2.6.4 repealed by No. 56/2014 s. 40. 2.6.5 Evidence as to offences (1) For the purposes of this Chapter— S. 2.6.5(1)(a) substituted by No. 56/2014 s. 41(1)(a). (a) it is not necessary to prove that a place was provided for the purposes of unauthorised gambling more than once for a particular purpose; (b) the burden of proving that a building or part of a building is not a private dwelling lies with the prosecution; (c) the burden of proving that land or premises (whether enclosed or unenclosed) is not a place where a person may lawfully bet lies with the prosecution; S. 2.6.5(1)(d) substituted by No. 56/2014 s. 41(1)(b). (d) keeping a bank in any place apparently for the purpose of unauthorised gambling is proof (in the absence of evidence to the contrary) that the place is provided for the purposes of unauthorised gambling; S. 2.6.5(1)(e) substituted by No. 56/2014 s. 41(1)(c). (e) in the absence of evidence to the contrary— (i) equipment for unauthorised gambling found in any place or about the person of anyone in the place; or (ii) telephone calls or other communications received in any place— in circumstances which raise the reasonable inference that the place is provided for the purposes of unauthorised gambling is proof that the place is provided for the purposes of unauthorised gambling; S. 2.6.5(1)(f) amended by No. 56/2014 s. 41(1)(d). (f) a person found playing a game in any house or place alleged to be provided in contravention of any of the provisions of this Chapter, is proof (in the absence of evidence to the contrary) that the relevant person was playing for money, wager or a stake; (g) money or other valuable thing paid, given or received in circumstances which appear to a court of competent jurisdiction to raise a reasonable suspicion that the money or thing was paid, given or received in contravention of this Chapter is proof (in the absence of evidence to the contrary) that the money or thing was paid, given or received in contravention of this Chapter; S. 2.6.5(1)(h) substituted by No. 56/2014 s. 41(1)(e). (h) equipment for unauthorised gambling or lists, books, cards, papers or documents of things relating to racing or gambling found— (i) in a place; or (ii) about the person of those found entering or leaving the place— in circumstances which appear to the court to raise a reasonable suspicion that the purposes and provisions of this Chapter have been contravened is proof (in the absence of evidence to the contrary) that the relevant place is provided for the purposes of unauthorised gambling. S. 2.6.5(2) repealed by No. 56/2014 s. 41(2). S. 2.6.5(3) repealed by No. 56/2014 s. 41(2). S. 2.6.6 repealed by No. 56/2014 s. 42. 2.6.7 Vicarious liability (1) If a person in the course of employment or while acting as an agent— (a) commits an offence against this Chapter; or (b) engages in any conduct that would, if engaged in by the person's employer or principal, be an offence against this Chapter— both the person and the employer or principal are taken to have committed the offence, and either or both of them may be prosecuted for it. (2) An employer or principal is not liable for an offence committed by an employee or agent if the employer or principal proves, on the balance of probabilities, that the employer or principal took reasonable precautions to prevent the employee or agent committing the offence. S. 2.6.8 repealed by No. 16/2004 s. 54. S. 2.6.9 amended by No. 37/2014 s. 10(Sch. item 72.15). 2.6.9 Entry of police to public places For the purpose of performing any function in relation to this Chapter, a police officer is authorised to enter and remain in any public place. Chapter 3—Gaming machines S. 3.1.1 amended by No. 58/2009 s. 5 (ILA s. 39B(1)). 3.1.1 Purpose S. 3.1.1(1) amended by No. 58/2009 s. 113(1) (as amended by No. 29/2011 s. 3(Sch. 1 item 43.2(a))). (1) The purpose of this Chapter is to establish a system for the regulation, supervision and control of gaming equipment and monitoring equipment with the aims of— (a) ensuring that gaming on gaming machines is conducted honestly; and S. 3.1.1(1)(b) amended by No. 58/2009 s. 113(2) (as amended by No. 29/2011 s. 3(Sch. 1 item 43.2(b))). (b) ensuring that the management of gaming equipment and monitoring equipment is free from criminal influence or exploitation; and (c) regulating the use of gaming machines in casinos and other approved venues where liquor is sold; and (d) regulating the activities of persons in the gaming machine industry; and (e) promoting tourism, employment and economic development generally in the State; and (f) fostering responsible gambling in order to— (i) minimise harm caused by problem gambling; and (ii) accommodate those who gamble without harming themselves or others. S. 3.1.1(2) inserted by No. 58/2009 s. 5. (2) The purpose of this Chapter is also to— (a) provide for the allocation of gaming machine entitlements in order to maximise the financial and social benefits to the Victorian community within the regulatory framework applying to the allocation of entitlements; (b) promote a competitive gaming industry with the aim of providing financial and social benefits to the Victorian community. 3.1.2 Definitions S. 3.1.2 def. of *approved linked jackpot trust account* inserted by No. 56/2010 s. 5, amended by No. 64/2014 s. 39(1). ***approved linked jackpot trust account*** means an account— (a) established and maintained by the monitoring licensee with an ADI in the State in relation to a multiple venue linked jackpot arrangement; and (b) into which only money— (i) that is related to the multiple venue linked jackpot arrangement; and (ii) that is required to be paid, is paid by a venue operator in accordance with a jackpot financial administration services agreement between the monitoring licensee and that operator; S. 3.1.2 def. of *assigned* inserted by No. 62/2017 s. 29. ***assigned***, in relation to a gaming machine entitlement, means assigned under Division 3A of Part 4A; S. 3.1.2 def. of *assignee* inserted by No. 62/2017 s. 29. ***assignee*** has the meaning given in section 3.4A.11D; S. 3.1.2 def. of *assignment agreement* inserted by No. 62/2017 s. 29. ***assignment agreement*** has the meaning given in section 3.4A.11D; S. 3.1.2 def. of *assignor* inserted by No. 62/2017 s. 29. ***assignor*** has the meaning given in section 3.4A.11D; S. 3.1.2 def. of *entitlement-related agreement* inserted by No. 62/2017 s. 76. ***entitlement-related agreement*** means— (a) an agreement referred to in— (i) section 3.4A.6; or (ii) section 3.4A.6A; or (iii) section 3.4A.17AAC; or (b) any other agreement that deals with matters related to a gaming machine entitlement and that is between— (i) a venue operator; and (ii) the Minister or a person nominated by the Minister under section 3.1.6B; S. 3.1.2 def. of *Gambling Harm Response Fund* inserted by No. 25/2024 s. 7(b). ***Gambling Harm Response Fund*** means the account established by section 10.3.7; ***game*** means a game or program designed to be played on a gaming machine and identifiable from all other games by differences in rules or programming; ***gaming*** means the playing of a gaming machine; S. 3.1.2 def. of *gaming machine entitlement allocation and transfer rules* inserted by No. 29/2009 s. 5(1). ***gaming machine entitlement allocation and transfer rules*** means rules made under section 3.4A.3; S. 3.1.2 def. of *gaming machine entitlement assignment rules* inserted by No. 62/2017 s. 29. ***gaming machine entitlement assignment rules*** means rules made under section 3.4A.11F; S. 3.1.2 def. of *geographic area condition* inserted by No. 29/2009 s. 5(1), amended by No. 58/2009 s. 142(4). ***geographic area condition*** means a condition imposed on a gaming machine entitlement under section 3.4A.5(4)(a); S. 3.1.2 def. of *jackpot* substituted by Nos 64/2010 s. 36(a), 28/2022 s. 128(b). ***jackpot*** means a game or a feature that involves special prizes, as determined by the conditions of the game or feature, that are awarded based on the outcome of the game or a game-related event (such as a random event); S. 3.1.2 def. of *jackpot financial administration services* inserted by No. 56/2010 s. 5. ***jackpot financial administration services*** means— (a) establishing and maintaining an approved linked jackpot trust account in relation to a multiple venue linked jackpot arrangement; (b) the payment of money out of an approved linked jackpot trust account to a venue operator; (c) accounting, banking, storage and other acts in connection with or related or incidental to a service referred to in paragraph (a) or (b); S. 3.1.2 def. of *jackpot financial administration services agreement* inserted by No. 56/2010 s. 5. ***jackpot financial administration services agreement*** means an agreement between the monitoring licensee and a venue operator for the provision of jackpot financial administration services by the licensee to the venue operator; S. 3.1.2 def. of *jackpot special prize pool* inserted by No. 28/2022 s. 128(a). ***jackpot special prize pool*** means the pool of funds contributed to a linked jackpot arrangement from the total amount wagered on gaming machines linked to the arrangement from which prizes won on the arrangement are paid; S. 3.1.2 def. of *linked* *jackpot* *arrangement* substituted by No. 64/2010 s. 36(b), amended by No. 28/2022 s. 128(c). ***linked jackpot arrangement*** means an arrangement under which a venue operator who holds a gaming machine entitlement may conduct gaming through 2 or more gaming machines that are linked to the same jackpot; S. 3.1.2 def. of *linked* *jackpot* *equipment* repealed by No. 64/2010 s. 36(c). S. 3.1.2 def. of *multiple venue linked jackpot arrangement* inserted by No. 56/2010 s. 5. ***multiple venue linked jackpot arrangement*** means a linked jackpot arrangement linking gaming machines with other gaming machines in 2 or more approved venues; ***nominee***, of a venue operator, means a person approved by the Commission under section 3.4.14 in respect of the venue operator; S. 3.1.2 def. of *registered assignment agreement* inserted by No. 62/2017 s. 29. ***registered assignment agreement*** means an assignment agreement registered by the Commission under section 3.4A.11H; S. 3.1.2 def. of *Responsible Gambling Fund* inserted by No. 28/2022 s. 128(a), repealed by No. 25/2024 s. 7(a). S. 3.1.2 def. of *significant event* inserted by No. 29/2009 s. 5(1), amended by No. 64/2010 s. 36(d). ***significant event***, in relation to a monitoring system, a gaming machine or a communications system or device associated with a monitoring system or a gaming machine, means— (a) a breach or failure of the physical security of the monitoring system or gaming machine, or the communications system or device; or (b) a breach or failure of the electronic or software systems of the monitoring system or gaming machine, or the communications system or device; or (c) an unauthorised modification or interference with the monitoring system or gaming machine, or the communications system or device; or (d) unauthorised access or attempted access (whether by electronic or other means) of the monitoring system or gaming machine, or the communications system or device; or (e) an event that is prescribed to be a significant event; S. 3.1.2 def. of *significant game play transaction* inserted by No. 29/2009 s. 5(1). ***significant game play transaction*** means— (a) the winning of a jackpot prize; or (b) the winning of a prize of or higher than the amount approved by the Commission under section 3.5.4(3) in respect of the type of game played; or (c) any bet or gaming machine credit of or higher than the amount approved by the Commission under section 3.5.4(3) in respect of the type of game played; or (d) a transaction that is prescribed to be a significant game play transaction; S. 3.1.2 def. of *State limit* repealed by No. 29/2009 s. 5(2). S. 3.1.2 def. of *unpaid jackpot funds* inserted by No. 28/2022 s. 128(a). ***unpaid jackpot funds*** of a venue operator— (a) in relation to a linked jackpot arrangement, means any funds remaining in a jackpot special prize pool after all prizes won on the linked jackpot arrangement have been paid; or (b) in relation to a multiple venue linked jackpot arrangement, means the proportion of surplus funds returned to the venue operator under the terms of the jackpot financial administration services agreement and the linked jackpot trust account established under section 3.4.49A in relation to the arrangement; S. 3.1.2 def. of *venue condition* inserted by No. 29/2009 s. 5(1), amended by No. 56/2010 s. 4. ***venue condition*** means a condition imposed on a gaming machine entitlement under section 3.4A.5(4)(b). 3.1.3 Machines may be declared to be gaming machines The Governor in Council, on the recommendation of the Commission, may, by Order published in the Government Gazette, declare a machine, or type of machine, to be a gaming machine. 3.1.4 Conduct of gaming and playing gaming machines (1) A reference in this Chapter to the ***conduct of gaming*** is a reference to— S. 3.1.4(1)(a) amended by No. 60/2011 s. 5. (a) the management, use, supervision and operation of gaming equipment, and the doing of those things under a linked jackpot arrangement; and (b) the sale, redemption or use of gaming tokens; and S. 3.1.4(1)(c) substituted by No. 4/2014 s. 6(1). (c) the installation, alteration, adjustment, maintenance or repair of gaming equipment, other than an alteration or adjustment that consists of the installation, on or in a gaming machine, of player account equipment or part of a pre-commitment system; and (d) the use or distribution of proceeds from the conduct of gaming; and S. 3.1.4(1)(e) amended by No. 58/2009 s. 6(a). (e) accounting, banking, storage and other acts in connection with or related or incidental to gaming and the conduct of gaming; and S. 3.1.4(1)(f) inserted by No. 58/2009 s. 6(b). (f) the operation of jackpots. S. 3.1.4(2) amended by Nos 104/2004 s. 39(5)(a), 29/2009 s. 6(1). (2) For the purposes of this Chapter, a person is to be taken to play a gaming machine if the person, directly or indirectly— (a) inserts a gaming token into the gaming machine; or (b) causes gaming machine credits to be registered by the gaming machine; or (c) makes a bet on the gaming machine; or (d) makes, or participates in making the decisions involved in playing the gaming machine. S. 3.1.4(3) inserted by No. 29/2009 s. 6(2), amended by Nos 28/2022 s. 16, 23/2025 s. 74(Sch. 1 item 2.4). (3) Subsection (2) does not apply to an employee of a venue operator or the monitoring licensee, or the holder of a gaming industry employee's licence, in the lawful performance of the employee's or licence holder's duties. S. 3.1.4(4) inserted by No. 4/2014 s. 6(2), amended by No. 23/2025 s. 17(2). (4) Despite anything to the contrary in this Act, the provision of responsible gambling and regulatory compliance services or pre‑commitment services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee. S. 3.1.4A inserted by No. 58/2009 s. 7, amended by No. 4/2014 s. 7. 3.1.4A Conduct of monitoring A reference in this Chapter to the ***conduct of monitoring*** is a reference to an activity referred to in section 3.4.4(1). 3.1.5 Application of Chapter to casino operator (1) For the purposes of this Chapter, a casino operator is taken to be the holder of a venue operator's licence. (2) A casino operator is authorised— S. 3.1.5(2)(a) amended by No. 58/2009 s. 114(1). (a) to obtain from a person listed on the Roll approved gaming machines, restricted gaming components and restricted monitoring components; and (b) to conduct gaming at the casino; and S. 3.1.5(2)(c) amended by Nos 104/2004 s. 6(1), 58/2009 s. 114(2). (c) to service, repair and maintain gaming equipment and monitoring equipment through the services of persons holding a licence issued under Part 4 of the **Casino Control Act 1991**; and S. 3.1.5(2)(ca) inserted by No. 4/2014 s. 8. (ca) to, through the services of a person holding a licence issued under Part 4 of the **Casino Control Act 1991**, install, service, repair or maintain player account equipment, or part of a pre-commitment system, on or in a gaming machine in the casino for the purpose of complying with Division 3 of Part 8A; and (d) to sell or dispose of gaming equipment with the approval of the Commission; and (e) to do all things necessarily incidental to carrying on the activities referred to in paragraph (a), (b), (c) or (d). (3) A casino operator is authorised to sell or dispose of approved gaming machines with the approval of the Commission. S. 3.1.5(3A) inserted by No. 104/2004 s. 6(2). (3A) The Commission, having regard to any plans, diagrams and specifications approved under section 59 of the **Casino Control Act 1991**, may, by instrument, determine that an area in a casino is a gaming machine area for the purposes of matters relevant to the provision to players of gaming machines of information relevant to gaming on gaming machines. (4) The regulations may provide that any provisions of this Chapter that apply to a venue operator do not apply to a casino operator. In addition, some provisions of this Chapter that apply to a venue operator do not apply to a casino operator or casino—see sections 3.3.16, 3.4.25, 3.4.68, 3.5.7, 3.5.8, 3.5.15, 3.5.18, 3.5.20, 3.5.23(1), 3.5.27, 3.5.28, 3.5.32 and 3.5.33, and Divisions 6 and 7 of Part 5. S. 3.1.6 substituted by No. 114/2003 s. 12.1.5 (as amended by No. 29/2009 s. 43), repealed by No. 28/2022 s. 17. S. 3.1.6A inserted by No. 29/2009 s. 7. 3.1.6A Application of Chapter to tabaret premises On and after a gaming machine entitlement declared day that applies to a gaming machine entitlement under which gaming is conducted in an approved venue that is a tabaret premises, this Chapter applies to the tabaret premises as if they were an approved venue in respect of which a pub licence were in force. S. 3.1.6B inserted by No. 62/2017 s. 77. 3.1.6B Minister may nominate person to enter into entitlement-related agreement (1) The Minister may nominate an employee in the department administered by the Minister for the purposes of paragraph (b)(ii) of the definition of ***entitlement-related agreement*** in section 3.1.2. (2) A nomination under subsection (1) is to be made by written notice given to the nominated person. Part 2—General authorisation for gaming on gaming machines Division 1—Legality of gaming machine gaming 3.2.1 Gaming in approved venue declared lawful S. 3.2.1(1) amended by No. 58/2009 s. 115(1). (1) The conduct of gaming and the conduct of monitoring is lawful when the gaming is conducted, and the gaming equipment is provided, in an approved venue or casino in accordance with this Chapter. Note to s. 3.2.1(1) inserted by No. 29/2009 s. 8(a). Part 4A requires a venue operator to hold gaming machine entitlements to conduct gaming in an approved venue on or after a gaming machine entitlement declared day or days that apply to those entitlements. S. 3.2.1(2) amended by Nos 29/2009 s. 8(b), 58/2009 s. 115(2). (2) The conduct of gaming and the conduct of monitoring in an approved venue or casino in accordance with this Chapter and the conditions of the relevant licences and gaming machine entitlements is not a public or private nuisance. S. 3.2.1(3) repealed by No. 56/2014 s. 43. S. 3.2.2 (Heading) amended by No. 58/2009 s. 116(1). 3.2.2 Possession of gaming equipment or monitoring equipment may be authorised S. 3.2.2(1) amended by No. 58/2009 s. 116(2). (1) The Commission may authorise in writing any person or class of persons to be in possession of gaming equipment or monitoring equipment for the purpose of testing, research or development or for the purpose of servicing, repair or maintenance. (2) The Commission may authorise in writing a person to be in possession of a gaming machine, being a machine that is not in operating order. S. 3.2.2(2A) (2AB) inserted by No. 58/2009 s. 8(1) (as amended by Nos 64/2010 s. 49, 60/2011 s. 69), repealed by No. 28/2022 s. 18. S. 3.2.2(2B) inserted by No. 60/2011 s. 4(1). (2B) The Commission may authorise, in writing, a venue operator to be in possession of, or sell or dispose of, gaming equipment after a relevant event. S. 3.2.2(2C) inserted by No. 60/2011 s. 4(1). (2C) The Commission may give an authorisation under subsection (2B) only if the gaming equipment was acquired while the venue operator held a gaming machine entitlement. S. 3.2.2(2D) inserted by No. 62/2017 s. 30(1). (2D) The Commission must not give an authorisation under subsection (2B) in respect of a relevant event that is the assignment of a gaming machine entitlement except to authorise the venue operator to be in possession of, or sell or dispose of, gaming equipment at the venue that is associated with the entitlement. S. 3.2.2(2E) inserted by No. 62/2017 s. 30(1). (2E) For the purposes of subsection (2D), an approved venue (or a venue whose approval under Part 3 is suspended) is ***associated*** with an assigned gaming machine entitlement if— (a) the venue operator has notified the Commission under section 3.4.13A that gaming will be conducted by the venue operator at that venue under that entitlement; and (b) that notification has not been superseded by a subsequent notification under section 3.4.13A (other than a notification relating to the conduct of gaming under that entitlement by the assignee). S. 3.2.2(3) amended by Nos 60/2011 s. 4(2), 58/2009 s. 8(2) (as amended by Nos 64/2010 s. 49, 60/2011 s. 69). (3) An authorisation under subsection (1), (2), (2A) or (2B)— (a) may be given subject to any terms, conditions or limitations that the Commission thinks fit; and (b) may be given for any period specified by the Commission; and (c) may be renewed, with or without variation, from time to time. S. 3.2.2(5) inserted by No. 60/2011 s. 4(3). S. 3.2.2(5) def. of *relevant event* amended by No. 62/2017 ss 4, 30(2). ***relevant event***, for a venue operator, means— (aa) the assignment of a gaming machine entitlement held by the operator; or (a) the forfeiture, under Division 6, 7, 8 or 8A of Part 4A, of all gaming machine entitlements held by the operator; or (b) the transfer, under Division 5 of Part 4A, of all gaming machine entitlements held by the operator to another venue operator; or (ba) the surrender, under Division 5AA, of all gaming machine entitlements held by the operator; or (c) the sale, under Division 5A of Part 4A, of all gaming machine entitlements held by the operator. Ch. 3 Pt 2 Div. 2 (Heading) substituted by No. 39/2007 s. 5. Division 2—Ministerial directions, regional limits and municipal limits 3.2.3 Ministerial directions as to requirements for gaming machines (1) The Minister may from time to time give a direction in writing to the Commission as to any one or more of the following matters— S. 3.2.3(1)(a) repealed by No. 32/2012 s. 4. S. 3.2.3(1) (b)(c) repealed by No. 29/2009 s. 9. (d) the bet limits to apply to gaming machines; S. 3.2.3(1)(e) repealed by No. 29/2009 s. 9, new s. 3.2.3(1)(e) inserted by No. 30/2023 s. 14. (e) the criteria that the Commission must apply in determining whether to approve a period under section 62C(2A) of the **Casino Control Act 1991**, including conditions to be imposed on any such approvals; S. 3.2.3(1)(f) repealed by No. 32/2012 s. 4. S. 3.2.3(1)(g) amended by No. 58/2009 s. 9. (g) the criteria that the Commission must apply in determining whether to specify an area by notice under section 62AB(4), 62AC(2) or 81AAB(2) of the **Casino Control Act 1991**; (h) the conditions that the Commission must specify in a notice referred to in paragraph (g). (2) The Minister must, in giving directions under this section, comply with Part 5 of the Agreement, a copy of which is set out in Schedule 1 to the **Casino (Management Agreement) Act 1993**. (3) The Minister may vary or revoke a direction by further direction in writing to the Commission. (4) The Commission must, as soon as possible after receiving a direction under this section, cause notice of the direction to be published in the Government Gazette. (5) The Commission is bound by a direction given under this section. (6) The Commission must publish in its annual report all directions given by the Minister under this section during the previous year. S. 3.2.4 substituted by Nos 39/2007 s. 6, 58/2009 s. 10. 3.2.4 Regions for gaming machines The Minister may from time to time, by order published in the Government Gazette, determine regions in the State for the purposes of this Chapter. S. 3.2.4A inserted by No. 39/2007 s. 6, repealed by No. 32/2012 s. 5. 3.2.5 No compensation payable No compensation is payable by the State in respect of any direction given or anything done under or arising out of— S. 3.2.5(a) amended by No. 39/2007 s. 7(a). (a) any direction given by the Commission under section 3.2.4. S. 3.2.5(b)(c) repealed by No. 39/2007 s. 7(b). Ch. 3 Pt 2A (Headings and ss 3.2A.1–3.2A.7) inserted by No. 29/2009 s. 10. Part 2A—Ownership and related person restrictions Division 1—Interpretation S. 3.2A.1 inserted by No. 29/2009 s. 10. 3.2A.1 Definitions S. 3.2A.1 def. of *entitlement holder* repealed by No. 58/2011 s. 71. S. 3.2A.1 def. of *monitoring licence* inserted by No. 43/2009 s. 9, amended by No. 64/2010 s. 37. ***monitoring licence*** means the monitoring licence that is in effect (other than for the purpose of preparatory action taken in accordance with an authorisation under section 3.4.52(2)); S. 3.2A.1 def. of *monitoring licensee* inserted by No. 43/2009 s. 9, amended by No. 32/2012 s. 32. ***monitoring licensee*** means the holder of the monitoring licence. S. 3.2A.1 def. of *prescribed connection* repealed by No. 58/2011 s. 71. Division 2—Ownership and related person licensee restrictions S. 3.2A.2 inserted by No. 29/2009 s. 10. 3.2A.2 Restrictions for venue operators and related persons (a) a venue operator; (b) an associate of a venue operator; (c) a subsidiary of a venue operator; (d) a related body corporate of a venue operator. (a) a person listed on the Roll; or (b) a holder of the monitoring licence; or (c) an associate, subsidiary or related body corporate of a person listed on the Roll; or (d) an associate, subsidiary or related body corporate of a holder of the monitoring licence. S. 3.2A.3 inserted by No. 29/2009 s. 10. 3.2A.3 Monitoring restrictions for persons listed on the Roll and related persons (a) a person listed on the Roll who— S. 3.2A.3 (1)(a)(i) amended by No. 58/2009 s. 117. (i) manufactures approved gaming machines or restricted gaming components; or S. 3.2A.3 (1)(a)(ii) amended by No. 23/2025 s. 58. (ii) supplies testing services (other than doing anything referred to in section 3.4.5(c)(i) or (ia)); (b) an associate, subsidiary or related body corporate of a person referred to in paragraph (a). (a) a holder of the monitoring licence; or (b) an associate of a holder of the monitoring licence; or (c) a subsidiary of a holder of the monitoring licence; or (d) a related body corporate of a holder of the monitoring licence. S. 3.2A.4 inserted by No. 29/2009 s. 10. 3.2A.4 Other restrictions for persons listed on the Roll and related persons (a) a person listed on the Roll; (b) an associate, subsidiary or related body corporate of a person referred to in paragraph (a). (a) a holder of a venue operator's licence; or (b) an associate of a holder of a venue operator's licence; or (c) a subsidiary of a holder of a venue operator's licence; or (d) a related body corporate of a holder of a venue operator's licence. S. 3.2A.5 inserted by No. 29/2009 s. 10. 3.2A.5 Restrictions for the monitoring licensee and related persons (a) the monitoring licensee; (b) an associate of the monitoring licensee; (c) a subsidiary of the monitoring licensee; (d) a related body corporate of the monitoring licensee. (2) A person to whom this section applies must not— (a) be a holder of a venue operator's licence; or (b) be a person listed on the Roll who— S. 3.2A.5 (2)(b)(i) amended by No. 58/2009 s. 118. (i) manufactures approved gaming machines or restricted gaming components; or S. 3.2A.5 (2)(b)(ii) amended by No. 28/2022 s. 19. (ii) does any of the things referred to in section 3.4.5(c) (other than anything referred to in section 3.4.5(c)(i) or (ia)); (c) be an associate of a holder of a venue operator's licence or a person referred to in paragraph (b); or (d) be a subsidiary of a holder of a venue operator's licence or a person referred to in paragraph (b); or (e) be a related body corporate of a holder of a venue operator's licence or a person referred to in paragraph (b). S. 3.2A.6 inserted by No. 29/2009 s. 10. 3.2A.6 Restrictions for a casino operator (a) a casino operator; (b) an associate of a casino operator; (c) a subsidiary of a casino operator; (d) a related body corporate of a casino operator. (2) A person to whom this section applies must not— (a) hold a gaming machine entitlement that authorises the conduct of gaming in an approved venue in respect of which there is, in force, a pub licence; or (b) be a holder of the monitoring licence. Division 3—Gaming machine entitlement prohibited interests S. 3.2A.7 inserted by No. 29/2009 s. 10. 3.2A.7 Prohibited interests in gaming machine entitlements S. 3.2A.7(1) amended by No. 58/2009 ss 11(1), 142(2). (1) On and after a day declared by the Minister under subsection (1A), it is unlawful for an entitlement holder to hold a prohibited number of hotel gaming machine entitlements or club gaming machine entitlements. S. 3.2A.7(1A) inserted by No. 58/2009 s. 11(2). (1A) For the purposes of this Division, the Minister must, by notice published in the Government Gazette, declare a day on and after which it will be unlawful for an entitlement holder to hold a prohibited number of hotel gaming machine entitlements or club gaming machine entitlements. S. 3.2A.7(1B) inserted by No. 58/2009 s. 11(2). (1B) A notice published in the Government Gazette under subsection (1A) takes effect on the day on which the notice is published in the Government Gazette, or on a later day specified in the notice. (2) An entitlement holder holds a prohibited number of hotel gaming machine entitlements if— (a) the entitlement holder holds more than 35% of hotel gaming machine entitlements; or S. 3.2A.7(2)(b) amended by No. 62/2017 s. 50(1). (b) the sum of the hotel gaming machine entitlements held by the entitlement holder (the ***first entitlement holder***) and those that are held by one or more other entitlement holders that have a prescribed connection with the first entitlement holder equates to more than 35% of hotel gaming machine entitlements. S. 3.2A.7(3) amended by No. 62/2017 s. 50(2)(a). (3) Before the day declared by the Minister under section 3.2A.7A, an entitlement holder holds a prohibited number of club gaming machine entitlements if— S. 3.2A.7(3)(a) amended by No. 62/2017 s. 50(2)(b). (a) the entitlement holder holds more than 420 club gaming machine entitlements that expire on 15 August 2022; or S. 3.2A.7(3)(b) amended by No. 62/2017 s. 50(2)(c). (b) the sum of the club gaming machine entitlements that expire on 15 August 2022 and that are held by the entitlement holder (the ***first entitlement holder***) and those that are held by one or more other entitlement holders that have a prescribed connection with the first entitlement holder equates to more than 420 club gaming machine entitlements; or S. 3.2A.7(3)(c) inserted by No. 62/2017 s. 50(2)(d). (c) the entitlement holder holds more than 420 club gaming machine entitlements that take effect on or after 16 August 2022; or S. 3.2A.7(3)(d) inserted by No. 62/2017 s. 50(2)(d). (d) the sum of the club gaming machine entitlements that take effect on or after 16August 2022 and that are held by the entitlement holder (the ***first entitlement holder***) and those that are held by one or more other entitlement holders that have aprescribed connection with the first entitlement holder equates to more than 420club gaming machine entitlements. S. 3.2A.7(3A) inserted by No. 62/2017 s. 50(3). (3A) On and after the day declared by the Minister under section 3.2A.7A, an entitlement holder holds a prohibited number of club gaming machine entitlements if— (a) the entitlement holder holds more than 840 club gaming machine entitlements that expire on 15 August 2022; or (b) the sum of the club gaming machine entitlements that expire on 15 August 2022 and that are held by the entitlement holder (the ***first entitlement holder***) and those that are held by one or more other entitlement holders that have a prescribed connection with the first entitlement holder equates to more than 840 club gaming machine entitlements; or S. 3.2A.7 (3A)(c) amended by No. 40/2025 s. 20. (c) the entitlement holder holds more than 1260 club gaming machine entitlements that take effect on or after 16 August 2022; or S. 3.2A.7 (3A)(d) amended by No. 40/2025 s. 20. (d) the sum of the club gaming machine entitlements that take effect on or after 16 August 2022 and that are held by the entitlement holder (the ***first entitlement holder***) and those that are held by one or more other entitlement holders that have a prescribed connection with the first entitlement holder equates to more than 1260 club gaming machine entitlements. S. 3.2A.7(4) amended by Nos 58/2009 s. 142(3), 62/2017 s. 50(4), 28/2022 s. 139. (4) In determining whether an entitlement holder holds a prohibited interest as specified under subsection (2)(a) or (b), a notice published under section 3.4A.5(3) must be applied and the matters set out in section 3.4A.5AA must be taken into account. S. 3.2A.7A inserted by No. 62/2017 s. 51. 3.2A.7A Minister may declare day for increase of limit on club gaming machine entitlements Before 16 August 2022, the Minister may, by Order published in the Government Gazette, declare a day on which the limits applying in relation to club gaming machine entitlements under section 3.2A.7 are increased. Part 3—Approval of premises for gaming S. 3.3.1 substituted by No. 30/2023 s. 16. 3.3.1 Outline of Part This Part sets out the procedure for obtaining the Commission's approval of premises as suitable for gaming. Premises cannot operate as an approved venue unless the premises are approved under this Part as suitable for gaming. Division 2—Premises approvals 3.3.2 Which premises may be approved as suitable for gaming? (1) An approval of premises as suitable for gaming may be given for any premises to which one of the following applies— (a) a pub licence; (b) a club licence; (c) a racing club licence. (2) Premises may be approved before a licence referred to in subsection (1) is granted or comes into force, but in that case the approval does not come into force until that licence comes into force. (3) Despite subsection (1), an approval cannot be given under this Part for prescribed premises or premises of a prescribed class. S. 3.3.3 amended by No. 62/2017 s. 101(1), repealed by No. 30/2023 s. 17. 3.3.4 Application for approval of premises S. 3.3.4(1) amended by No. 58/2009 s. 12(1). (1) Subject to section 3.3.5, the owner of premises or a person authorised by the owner may apply to the Commission for the approval of the premises as suitable for gaming. S. 3.3.4(1A) inserted by No. 56/2010 s. 6. (1A) Unless the Commission considers there are exceptional circumstances, an application under this section must be made within 3 days after a copy of the proposed application has been given to the relevant responsible authority under section 3.3.5. S. 3.3.4(1B) inserted by No. 56/2010 s. 6. (1B) If the Commission considers there are exceptional circumstances, the Commission, by written notice given to the applicant, may extend the period of time within which the applicant may make the application. (2) An application must be in the form approved by the Commission and must be accompanied by the prescribed fee. (3) The application must contain or be accompanied by— (a) evidence of the applicant's interest in the premises or any other relevant authorisation; and (b) any one of— (i) a copy of a permit issued under the **Planning and Environment Act 1987** permitting the premises to be used for gaming on gaming machines; or (ii) other evidence that use of the premises for gaming on gaming machines would not contravene the planning scheme that applies under the **Planning and Environment Act 1987**; or (iii) a copy of an application that has been made in accordance with the **Planning and Environment Act 1987** for a permit that, if granted, would permit the premises to be used for gaming on gaming machines; and S. 3.3.4(3)(ba) inserted by No. 58/2009 s. 12(2) (as amended by No. 56/2010 s. 62). (ba) the number of gaming machines sought to be permitted in the premises for gaming; and S. 3.3.4(3)(bb) inserted by No. 58/2009 s. 12(2) (as amended by No. 56/2010 s. 62). (bb) evidence that the owner or a person authorised by the owner has complied with section 3.3.5; and (c) any additional information the Commission requests. S. 3.3.4(4) repealed by No. 30/2023 s. 18. (5) The submission must be in the form approved by the Commission and must include the information specified in the form. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for approval of premises as suitable for gaming. S. 3.3.5 substituted by No. 58/2009 s. 13 (as amended by No. 56/2010 s. 63). 3.3.5 Proposed application must be given to relevant responsible authority before application is made The owner of premises or a person authorised by the owner who proposes to apply under section 3.3.4 for approval of the premises as suitable for gaming must give to the relevant responsible authority within the meaning of the **Planning and Environment Act 1987** a copy of the proposed application before making the application under that section. S. 3.3.5AA inserted by No. 58/2009 s. 13 (as amended by No. 56/2010 s. 63). 3.3.5AA Commission to notify relevant responsible authority of receipt of application The Commission, on receiving an application under section 3.3.4, must notify the relevant responsible authority in writing that it has received the application. S. 3.3.5AB inserted by No. 58/2009 s. 13 (as amended by No. 56/2010 s. 63). 3.3.5AB Amendment of application for premises approval (1) An applicant may amend an application made under section 3.3.4 for the approval of premises as suitable for gaming before the Commission determines the application under section 3.3.8. The applicant may do so by submitting the application, with the amendments, to the Commission. (2) The applicant must also give a copy of the application, as amended, to the relevant responsible authority on the same day the applicant submits the amended application to the Commission. S. 3.3.5A inserted by No. 58/2009 s. 13 (as amended by No. 56/2010 s. 63). 3.3.5A No change permitted to number of gaming machines sought in application after certain period Despite section 3.3.5AB, the applicant cannot, in an amended application submitted under that section, change the number, stated in the application, of gaming machines sought to be permitted on the premises for gaming once the first 30 days after giving the relevant responsible authority a copy of the proposed application under section 3.3.5 elapse. S. 3.3.5B inserted by No. 58/2009 s. 13 (as amended by No. 56/2010 s. 63). 3.3.5B Relevant responsible authority must notify Commission of intention to make submission The relevant responsible authority must notify the Commission in writing as to whether it intends to make a submission under section 3.3.6 in respect of any application or amended application within 37 days after receiving a notice under section 3.3.5AA or a copy of the amended application under section 3.3.5AB(2), as the case may be. 3.3.6 Responsible authority may make submission S. 3.3.6(1) amended by Nos 58/2009 s. 14(1), 56/2010 s. 7. (1) Subject to this section, the relevant responsible authority may make a submission to the Commission on an application for approval of premises or an amendment of an application for approval of premises— (a) addressing the economic and social impact of the proposal for approval on the well-being of the community of the municipal district in which the premises are located; and (b) taking into account the impact of the proposal on surrounding municipal districts. (2) A submission must be in the form approved by the Commission and must include the information specified in the form. S. 3.3.6(3) substituted by No. 58/2009 s. 14(2) (as amended by No. 56/2010 s. 64). (3) Unless the Commission considers there are exceptional circumstances or there is a change, in the application, to the number of gaming machines sought to be permitted in the premises for gaming, a submission must be made within 60 days after the responsible authority receives a notice under section 3.3.5AA or a copy of an amended application under section 3.3.5AB(2), as the case may be. S. 3.3.6(4) inserted by No. 58/2009 s. 14(2) (as amended by No. 56/2010 s. 64). (4) If the Commission considers there are exceptional circumstances or there is a change, in the application, to the number of gaming machines sought to be permitted in the premises for gaming, the Commission, by written notice given to the responsible authority, may extend the period of time within which a responsible authority may make a submission. S. 3.3.6(5) inserted by No. 58/2009 s. 14(2) (as amended by No. 56/2010 s. 64). (5) The Commission must not extend the period of time within which the responsible authority may make a submission beyond 30 days after the end of the period specified in subsection (3). 3.3.7 Matters to be considered in determining applications (1) The Commission must not grant an application for approval of premises as suitable for gaming unless satisfied that— (a) the applicant has authority to make the application in respect of the premises; and (b) the premises are or, on the completion of building works will be, suitable for the management and operation of gaming machines; and (c) the net economic and social impact of approval will not be detrimental to the well-being of the community of the municipal district in which the premises are located. (2) In particular, the Commission must consider whether the size, layout and facilities of the premises are or will be suitable. (3) The Commission must also consider any submission made by the relevant responsible authority under section 3.3.6. S. 3.3.7(4) repealed by No. 58/2009 s. 15. S. 3.3.7(5) inserted by No. 72/2007 s. 7(1). (5) The Commission cannot approve an area as a gaming machine area unless that area is wholly indoors. 3.3.8 Determination of application S. 3.3.8(1) substituted by No. 30/2023 s. 19(1). (1) The Commission must determine an application by either granting or refusing to grant approval of the premises as suitable for gaming. S. 3.3.8(1A) inserted by No. 58/2009 s. 16 (as amended by No. 56/2010 s. 65). (1A) The Commission must use its reasonable endeavours to determine an application within the required period. S. 3.3.8(1B) inserted by No. 58/2009 s. 16 (as amended by No. 56/2010 s. 65). (1B) For the purposes of subsection (1A) the ***required period*** is— (a) 60 days after receiving a notification from the relevant responsible authority under section 3.3.5B that it does not intend to make a submission under section 3.3.6 (whether or not a submission has been made on the application before the application was amended); (b) if a submission is made by the authority under section 3.3.6 and no amendment in respect of the application has been submitted to the Commission, 60 days after the making of the submission; (c) if an amendment in respect of the application has been submitted to the Commission and a submission has been made by the authority under section 3.3.6 in relation to the application as amended, 60 days after the making of the submission. S. 3.3.8(1C) inserted by No. 58/2009 s. 16 (as amended by No. 56/2010 s. 65). (1C) Subsection (1B)(c) applies even if the relevant responsible authority has made a submission under section 3.3.6 on the application before the application was amended. S. 3.3.8(1D) inserted by No. 58/2009 s. 16 (as amended by No. 56/2010 s. 65). (1D) If the Commission does not determine the application within the required period specified under subsection (1A), the Commission is to be taken to have refused to grant the approval. (2) An approval must specify— (a) the number of gaming machines permitted; and S. 3.3.8(2)(b) amended by No. 30/2023 s. 19(2)(a)(i). (b) the gaming machine areas approved for the premises. S. 3.3.8(2)(c) repealed by No. 30/2023 s. 19(2)(a)(ii). S. 3.3.8(3) repealed by No. 30/2023 s. 19(2)(b). (4) The Commission must give written notice of its decision on an application to— (a) the applicant; and (b) the relevant responsible authority, if that authority made a submission under section 3.3.6 on the application. 3.3.9 Conditions of approval S. 3.3.9(1)(2) repealed by No. 30/2023 s. 25(a). S. 3.3.9(3) amended by No. 30/2023 s. 25(b). (3) An approval of premises may be granted subject to— (a) a condition that the approval does not take effect until the Commission has notified the applicant in writing that the premises have been inspected for the purposes of section 3.3.7(1)(b) and the Commission is satisfied that the premises are suitable for the management and operation of gaming machines; (b) a condition that the approval does not take effect until the applicant satisfies the Commission that— (i) the applicant has obtained a permit under the **Planning and Environment Act 1987** permitting the premises to be used for gaming on gaming machines; or (ii) use of the premises for gaming on gaming machines would not contravene the planning scheme that applies under the **Planning and Environment Act 1987**; S. 3.3.9(3)(c) amended by No. 9/2018 s. 6(1). (c) any other conditions that the Commission thinks fit; S. 3.3.9(3)(d) inserted by No. 9/2018 s. 6(2). (d) a condition that the approval does not take effect until the applicant has satisfied the Commission that it has complied with any other condition imposed by the Commission, as the Commission thinks fit. (4) Without limiting the matters to which conditions may relate, the conditions of an approval may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. S. 3.3.9(5) inserted by No. 9/2018 s. 6(3). (5) If an approval is granted subject to a condition under section 3.3.9(3)(d), the holder of the approval must comply with the condition within 2 years of the approval being granted, or such other time specified by the Commission when granting the approval. S. 3.3.9(6) inserted by No. 9/2018 s. 6(3). (6) If an approval is granted subject to a condition under section 3.3.9(3)(d), and the holder of the approval fails to comply with subsection (5), the approval is automatically revoked. S. 3.3.9(7) inserted by No. 9/2018 s. 6(3). (7) If an approval is granted subject to a condition under section 3.3.9(3)(d), and before complying with the condition the holder of the approval ceases to have an interest in the premises or any other relevant authorisation as referred to in section 3.3.4(3)(a)— (a) the holder of the approval must notify the Commission as soon as is practicable; and (b) the approval is automatically revoked. S. 3.3.9(8) inserted by No. 9/2018 s. 6(3). (8) The Commission may, by notice in writing, require the holder of an approval to provide information or documents relevant to whether the holder of the approval still has an interest in the premises or any other relevant authorisation as referred to in section 3.3.4(3)(a). S. 3.3.9(9) inserted by No. 9/2018 s. 6(3). (9) If a requirement under subsection (8) is not complied with, the Commission may revoke the approval. S. 3.3.10 amended by No. 62/2017 s. 31(1)(2) (ILA s. 39B(1)). 3.3.10 Duration of approval (1) Subject to subsection (2), an approval of premises as suitable for gaming remains in force until the approval is revoked or surrendered. S. 3.3.10(2) inserted by No. 62/2017 s. 31(2). (2) An approval of premises as suitable for gaming is taken not to be in force while it is suspended. 3.3.11 Variation of approval (1) The holder of an approval of premises must give the Commission written particulars of any change in the size or layout of the premises, without delay after that change occurs. S. 3.3.11(1A) inserted by No. 62/2017 s. 49(1). (1A) Subsection (1) applies whether or not the approval is suspended. (2) If the Commission is satisfied that the change in the size or layout of the premises will not result in the number of gaming machines for the premises being increased, the Commission may, on the application of the holder of the approval, vary the approval to incorporate those changes. S. 3.3.11A inserted by No. 9/2018 s. 7. 3.3.11A Variation of conditional approval (1) The holder of an approval of premises that has been granted subject to conditions under section 3.3.9(3)(d) may, at least 60 days before the expiry of the time in which to comply with a condition, make written application to the Commission for an extension of time to comply with the condition. (2) An application under subsection (1) must be accompanied by a submission as to why the time to comply with the condition should be extended. (3) On receiving an application under subsection (1), the Commission may, as it sees fit, by written notice to the holder of the approval, grant or refuse the application. (4) A grant or refusal under subsection (3) takes effect when the notice is given or on a later date specified in the notice. 3.3.12 Revocation of approval (1) The Commission may serve on a person who is the holder of an approval of premises under this Part a notice in writing giving the person an opportunity to show cause within 28 days why the approval should not be revoked on the grounds that the premises are, for reasons specified in the notice, no longer suitable for the conduct of gaming. S. 3.3.12(1A) inserted by No. 62/2017 s. 49(2). (1A) Subsection (1) applies whether or not the approval is suspended. (2) The holder of the approval may, within the period allowed by the notice, arrange with the Commission for the making of submissions to the Commission as to why the approval should not be revoked and the Commission must consider any submissions so made. (3) The Commission may then revoke the approval if the Commission sees fit and does so by giving written notice of the revocation to the holder of the approval. (4) Revocation of approval under this section takes effect when the notice is given or on a later date specified in the notice. S. 3.3.13 (Heading) amended by No. 62/2017 s. 49(3). S. 3.3.13 amended by No. 62/2017 s. 49(4) (ILA s. 39B(1)). 3.3.13 Automatic revocation or suspension of approval (1) If a licence under the **Liquor Control Reform Act 1998** in respect of premises approved under this Part— (a) is cancelled, relocated, surrendered or released, the approval of the premises under this Part is immediately revoked; or (b) is suspended for a period of time, the approval of the premises under this Part is immediately suspended for the same period. S. 3.3.13(2) inserted by No. 62/2017 s. 49(4). (2) Subsection (1) applies whether or not the approval under this Part is already suspended under any other section of this Act. S. 3.3.13(3) inserted by No. 62/2017 s. 49(4). (3) If an approval under this Part is suspended both under subsection (1)(b) and under any other section of this Act, the expiry of the period referred to in subsection (1)(b) does not affect the suspension that is effected under that other section. 3.3.14 Tribunal review of approval (1) An applicant for approval of premises may apply to the Tribunal for review of a decision of the Commission on the application. (2) A responsible authority that made a submission under section 3.3.6 on an application for approval of premises may apply to the Tribunal for review of a decision of the Commission granting the approval. (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the applicant or responsible authority requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or responsible authority or the applicant or responsible authority is informed under section 46(5) of that Act that a statement of reasons will not be given. 3.3.15 Surrender of approval The holder of an approval under this Part may surrender the approval by giving notice in writing to the Commission. S. 3.3.15A inserted by No. 58/2009 s. 17. 3.3.15A One venue operator for an approved venue Only one venue operator may conduct gaming in each approved venue. Division 3—Modification of gaming machine areas 3.3.16 Modification of gaming machine areas (1) A venue operator must not modify a gaming machine area in an approved venue without the approval of the Commission. S. 3.3.16(1A) inserted by No. 62/2017 s. 49(5). (1A) In subsection (1), a reference to an approved venue also refers to a venue whose approval under Part 3 is suspended. (2) An application for approval must be accompanied by the prescribed fee. (3) The Commission may grant, with or without conditions, or refuse to grant an application for approval of modification of a gaming machine area having regard to— (a) the size, layout and facilities of the approved venue; and (b) any other matter that the Commission considers relevant. S. 3.3.16(3A) inserted by No. 72/2007 s. 7(2). (3A) The Commission cannot grant an application for approval of modification of a gaming machine area unless that area as modified is wholly indoors. (5) This section does not apply to a venue operator who is a casino operator. 3.3.17 Appeal (1) If a decision to refuse to grant an application for approval under section 3.3.16, or a decision to grant an approval subject to conditions, is made by a single commissioner, the venue operator may appeal against the decision to the Commission within 28 days of notification of the decision. (b) in the case of a decision to refuse an application—grant the application, either unconditionally or subject to conditions; (c) in the case of a decision to grant an application subject to conditions—vary or remove the conditions. (a) must be notified in writing to the applicant; (5) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against. Ch. 3 Pt 4 (Heading) amended by Nos 104/2004 s. 39(1), 29/2009 s. 11(1). Part 4—Licensing of operators and monitors and listing of manufacturers, suppliers and testers Division 1—Authority conferred by licences and listing S. 3.4.1 amended by No. 29/2009 s. 11(3) (ILA s. 39B(1)). 3.4.1 Authority conferred by venue operator's licence (1) A venue operator's licence authorises the licensee, subject to this Act and any conditions to which the licence is subject— S. 3.4.1(1)(aa) inserted by No. 29/2009 s. 11(2). (aa) to acquire and transfer gaming machine entitlements in accordance with Part 4A; and S. 3.4.1(1)(ab) inserted by No. 29/2009 s. 11(2). (ab) while holding gaming machine entitlements, conduct gaming on approved gaming machines in an approved venue operated by the licensee; and S. 3.4.1(1)(ac) inserted by No. 29/2009 s. 11(2), substituted by No. 58/2009 s. 18 (as amended by Nos 64/2010 s. 50, 60/2011 s. 71), amended by No. 62/2017 s. 49(6). (ac) while holding a gaming machine entitlement or under an authorisation under section 3.2.2(2B), sell or dispose of a gaming machine or gaming equipment acquired for the purpose of use in an approved venue operated by the licensee (including a venue whose approval under Part 3 is suspended); and S. 3.4.1(1)(ad) inserted by No. 29/2009 s. 11(2), amended by Nos 64/2010 s. 38(1), 62/2017 s. 49(6). (ad) while holding a gaming machine entitlement, to, through the services of a person holding a gaming industry employee's licence, service, repair or maintain gaming equipment acquired for the purpose of use in an approved venue operated by the licensee (including a venue whose approval under Part 3 is suspended); and S. 3.4.1(1)(ae) inserted by No. 64/2010 s. 38(2). (ae) while holding a gaming machine entitlement, to conduct gaming through a linked jackpot arrangement; and S. 3.4.1(1)(af) inserted by No. 4/2014 s. 9, amended by No. 62/2017 s. 49(7). (af) while holding a gaming machine entitlement, to, through the services of a person holding a gaming industry employee's licence, install, service, repair or maintain player account equipment on or in a gaming machine in an approved venue operated by the licensee (including a venue whose approval under Part 3 is suspended), for the purpose of complying with Division 3 of Part 8A; and S. 3.4.1(1)(a) repealed by No. 28/2022 s. 20. (b) to possess gaming equipment; and S. 3.4.1(1)(ba) inserted by No. 64/2010 s. 38(3). (ba) while holding gaming machine entitlements, to acquire and possess gaming equipment; and S. 3.4.1(1)(bb) inserted by No. 64/2010 s. 38(3). (bb) to possess monitoring equipment operated by the monitoring licensee for the purpose of providing monitoring services to the licensee, in accordance with an agreement between the licensee and the monitoring licensee; and S. 3.4.1(1)(c) substituted by No. 62/2017 s. 49(8). (c) to manage and operate an approved venue in relation to the conduct of gaming at the venue; and (d) to do all things necessarily incidental to carrying on the activities authorised by this section. S. 3.4.1(2) inserted by No. 29/2009 s. 11(3). (2) A venue operator's licence does not authorise the licensee to engage in any business by way of— S. 3.4.1(2)(a) amended by No. 64/2010 s. 38(4)(a). (a) manufacture of gaming equipment or monitoring equipment; or S. 3.4.1(2)(b) amended by No. 64/2010 s. 38(4)(a). (b) supply of approved gaming equipment or monitoring equipment to any person; or S. 3.4.1(2)(c) amended by No. 64/2010 s. 38(4)(b). (c) service, repair or maintenance of gaming equipment, monitoring equipment, games or jackpots. S. 3.4.1(3) inserted by No. 29/2009 s. 11(3). (3) A venue operator's licence only authorises the licensee to conduct gaming on 105 approved gaming machines in every approved venue operated by the licensee. S. 3.4.1A inserted by No. 29/2009 s. 12, repealed by No. 28/2022 s. 20. S. 3.4.1B inserted by No. 64/2010 s. 39. 3.4.1B Venue operator must comply with standards and operational requirements (1) A venue operator must comply with— (a) a standard made by the Commission under section 10.1.5B in respect of the conduct of gaming; or (b) an operational requirement determined by the Commission under section 10.1.5C— unless the Commission has, in writing, given its approval to the venue operator not to comply with the standard or operational requirement. (2) A venue operator must not conduct gaming— (a) through a linked jackpot arrangement that does not comply with a standard made by the Commission under section 10.1.5B in respect of such arrangements; or (b) otherwise than in accordance with a standard made by the Commission under section 10.1.5B— unless the Commission has, in writing, given its approval to the venue operator to conduct gaming through a linked jackpot arrangement that does not comply with the standard or to conduct gaming in a manner that does not comply with the standard. (3) A venue operator must ensure that any gaming machines on which it conducts gaming comply with a standard made by the Commission under section 3.5.3, unless the Commission has, in writing, given its approval to the venue operator to conduct gaming on gaming machines that do not comply with the standard. Note to s. 3.4.1B inserted by No. 4/2014 s. 10. See section 3.8A.9 in relation to standards for player account equipment. S. 3.4.2 amended by Nos 104/2004 s. 39(5)(b), 58/2009 s. 120, 60/2011 s. 6, repealed by No. 28/2022 s. 20. S. 3.4.3 repealed by No. 104/2004 s. 39(2), new s. 3.4.3 inserted by No. 29/2009 s. 13, repealed by No. 28/2022 s. 20. S. 3.4.4 repealed by No. 104/2004 s. 39(2), new s. 3.4.4 inserted by No. 29/2009 s. 13. 3.4.4 Authority conferred by monitoring licence S. 3.4.4(1) amended by No. 56/2010 s. 8(1). (1) The monitoring licence authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject— (a) to operate and maintain an electronic monitoring system; and S. 3.4.4(1)(b) amended by No. 58/2009 s. 19(1). (b) to conduct monitoring using the electronic monitoring system and monitoring equipment for the purpose of— S. 3.4.4(1)(b)(i) substituted by No. 64/2010 s. 40(1). (i) detecting significant events in relation to the electronic monitoring system, a gaming machine or communications system or device associated with the electronic monitoring system or a gaming machine; and (ii) continuously recording, monitoring and controlling significant game play transactions and recording revenue generated from each gaming machine connected to the system; and (iii) facilitating linked jackpot arrangements; and S. 3.4.4(1)(c) amended by No. 58/2009 s. 121. (c) to sell, supply or possess monitoring equipment solely for the purpose of— S. 3.4.4(1)(c)(i) substituted by No. 64/2010 s. 40(2). (i) detecting significant events in relation to the electronic monitoring system, a gaming machine or communications system or device associated with the electronic monitoring system or a gaming machine; and (ii) continuously recording, monitoring and controlling significant game play transactions and recording revenue generated from gaming machines connected to the monitoring system; and (iii) facilitating linked jackpot arrangements; and S. 3.4.4(1)(caa) inserted by No. 56/2010 s. 8(2). (caa) to provide jackpot financial administration services in relation to multiple venue linked jackpot arrangements; and S. 3.4.4(1)(ca) inserted by No. 58/2009 s. 19(2) (as amended by No. 29/2011 s. 3(Sch. 1 item 43.1)), repealed by No. 4/2014 s. 11(1). (d) to do all things necessarily incidental to carrying on the activities authorised by this section. S. 3.4.4(1A) inserted by No. 4/2014 s. 11(2), amended by No. 23/2025 s. 3(a). (1A) The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to provide, in accordance with the licence conditions or a direction under section 3.4.49— (a) systems and mechanisms that implement responsible gambling measures for the conduct of gaming; and S. 3.4.4 (1A)(ab) inserted by No. 23/2025 s. 3(b). (ab) systems and mechanisms that implement regulatory compliance measures for the conduct of gaming, including compliance with anti-money laundering and counter‑terrorism financing obligations; and (b) services that are associated with the provision of those systems and mechanisms. Note to s. 3.4.4(1A) amended by No. 23/2025 s. 3(c). Section 3.1.4(4) provides that the provision of responsible gambling and regulatory compliance services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee. S. 3.4.4(1B) inserted by No. 4/2014 s. 11(2), amended by No. 23/2025 s. 3(d). (1B) The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to, in accordance with the licence conditions or a direction under section 3.8A.2— (a) on and after 1 December 2015— (i) provide, operate and maintain a pre‑commitment system; and (ii) provide any services that are associated with the pre‑commitment system; and (b) before 1 December 2015, do anything necessary or convenient to be done for the purpose of preparing to do the things referred to in paragraph (a). Section 3.1.4(4) provides that the provision of pre‑commitment services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee. S. 3.4.4(1C) inserted by No. 4/2014 s. 11(2). (1C) The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to, for the purposes of complying with a direction under section 3.8A.2— (a) install, service, repair or maintain part of a pre-commitment system in an approved venue through the services of a person holding a gaming industry employee's licence; and (b) install, service, repair or maintain part of a pre-commitment system in a casino through the services of a person holding a licence issued under Part 4 of the **Casino Control Act 1991**. S. 3.4.4(2) substituted by No. 56/2010 s. 8(3). (2) Despite anything to the contrary in this Act— (a) the facilitation of a linked jackpot arrangement by the monitoring licensee; or (b) the provision of jackpot financial administration services by the monitoring licensee in relation to a multiple venue linked jackpot arrangement— is not to be taken to constitute the conduct of gaming by the licensee if that facilitation or provision occurs solely to enable a venue operator that holds a gaming machine entitlement to conduct gaming through a linked jackpot arrangement. S. 3.4.4A inserted by No. 29/2009 s. 13, repealed by No. 28/2022 s. 20. S. 3.4.4B inserted by No. 64/2010 s. 41. 3.4.4B Monitoring licensee must comply with standards and operational requirements (1) The monitoring licensee must comply with— S. 3.4.4B(1)(a) amended by Nos 4/2014 s. 12(1), 23/2025 s. 17(2). (a) a standard made by the Commission under section 10.1.5B in respect of the conduct of monitoring or the provision of responsible gambling and regulatory compliance services; or S. 3.4.4B(1)(b) substituted by No. 4/2014 s. 12(2). (b) an operational requirement determined by the Commission under section 10.1.5C in respect of— (i) linked jackpot arrangements; or (ii) the conduct of monitoring; or S. 3.4.4B (1)(b)(iii) amended by No. 23/2025 s. 17(2). (iii) the provision of responsible gambling and regulatory compliance services— See section 3.8A.8 in relation to standards and operational requirements in respect of pre‑commitment services. unless the Commission has, in writing, given its approval to the monitoring licensee not to comply with the standard or operational requirement. (2) The monitoring licensee must not conduct monitoring— (a) of linked jackpot arrangements that do not comply with a standard made by the Commission under section 10.1.5B in respect of such arrangements; or (b) otherwise than in accordance with a standard made by the Commission under section 10.1.5B— unless the Commission has, in writing, given its approval to the monitoring licensee to conduct monitoring of linked jackpot arrangements that do not to comply with the standard or to conduct monitoring in a manner that does not comply with the standard. S. 3.4.4B(3) amended by No. 4/2014 s. 12(3). (3) The monitoring licensee must ensure that any electronic monitoring system it operates comply with a standard made by the Commission under section 10.1.5A, unless the Commission has, in writing, given its approval to the monitoring licensee to operate an electronic monitoring system that does not comply with the standard. Note to s. 3.4.4B(3) inserted by No. 4/2014 s. 12(4). See section 3.8A.8 in relation to standards for a pre‑commitment system. S. 3.4.5 amended by Nos 104/2004 s. 39(5)(c), 29/2009 s. 14, 58/2009 s. 20, substituted by No. 60/2011 s. 7. 3.4.5 Authority conferred by listing on the Roll A person whose name is listed on the Roll is authorised, subject to this Act, to do any one or more of the following things as specified in the Commission's determination under section 3.4.63 granting that person's application for listing and subject to any conditions to which that listing is subject— (a) if the person is listed in the division of the Roll for manufacturers— S. 3.4.5(a)(i) amended by No. 60/2011 s. 8(1). (i) manufacture, sell or supply approved gaming machines (including obtaining restricted gaming components or restricted monitoring components for the purpose of manufacturing approved gaming machines); S. 3.4.5(a)(ii) amended by No. 60/2011 s. 8(1). (ii) manufacture, sell or supply restricted gaming components or restricted monitoring components; (iii) a prescribed activity; (b) if the person is listed in the division of the Roll for suppliers— (i) sell or supply approved gaming machines; S. 3.4.5(b)(ii) amended by No. 60/2011 s. 8(2). (ii) sell or supply restricted gaming components or restricted monitoring components; S. 3.4.5(b)(iii) amended by No. 60/2011 s. 8(2). (iii) obtain or acquire approved gaming machines or restricted gaming components or restricted monitoring components; (iv) a prescribed activity; (c) if the person is listed in the division of the Roll for suppliers of testing services— S. 3.4.5(c)(i) amended by No. 32/2012 s. 6. (i) enter into arrangements with venue operators to install, service, repair or maintain gaming equipment through the services of a person holding a gaming industry employee's licence; S. 3.4.5(c)(ia) inserted by No. 4/2014 s. 13(1). (ia) enter into arrangements with venue operators to install, service, repair or maintain player account equipment on or in a gaming machine through the services of a person holding a gaming industry employee's licence; S. 3.4.5(c)(ii) amended by No. 60/2011 s. 8(3), repealed by No. 28/2022 s. 21(a). S. 3.4.5(c)(iii) amended by Nos 60/2011 s. 8(4), 28/2022 s. 21(b). (iii) enter into arrangements with manufacturers or suppliers of gaming equipment, monitoring equipment or games to test gaming equipment, monitoring equipment or games for the purposes of the issue of certificates referred to in section 3.5.4, 3.5.5 or 3.5.13; S. 3.4.5(c)(iiia) inserted by No. 4/2014 s. 13(2). (iiia) enter into arrangements with persons seeking approval, under section 3.5.5, of a variation to a gaming machine type in relation to the installation of player account equipment or a part of a pre-commitment system on or in a gaming machine to test the player account equipment or the part of the pre-commitment system for the purposes of the issue of certificates referred to in that section; (iv) enter into arrangements with persons seeking approval of gaming equipment (within the meaning of the **Casino Control Act 1991**) to test the equipment for the purposes of the issue of certificates referred to in section 62 of that Act; S. 3.4.5(c)(v) amended by Nos 28/2022 s. 21(c), 13/2023 s. 5. (v) enter into arrangements with a wagering and betting licensee or the holder of an on-course wagering permit to test instruments, contrivances, hardware, software or equipment referred to in section 4.2.3 for the purposes of the issue of certificates referred to in that section; S. 3.4.5(c)(vi) amended by No. 1/2021 s. 79(2). (vi) enter into arrangements with the monitoring licensee, the holder of a public lottery licence or a keno licensee to test instruments, contrivances, hardware, software or equipment referred to in section 3.5.13, 5.2.1A or 6A.2.5 for the purposes of the issue of certificates referred to in those sections; S. 3.4.5(c)(via) inserted by No. 4/2014 s. 13(3). (via) enter into arrangements with the monitoring licensee to test a pre-commitment system for the purposes of section 3.8A.5; S. 3.4.5(c)(vii) repealed by No. 28/2022 s. 127(e). (viii) a prescribed activity. S. 3.4.6 amended by No. 28/2022 s. 22. 3.4.6 Offence to breach licence conditions The holder of a venue operator's licence must comply with all conditions, if any, to which the licence is subject. 1. 2500 penalty units. 3.4.7 Offence to breach condition of listing on Roll A person whose name is listed on the Roll must comply with all conditions, if any, to which the listing is subject. 1. 2500 penalty units. Division 2—Venue operator's licence 3.4.8 Application for venue operator's licence S. 3.4.8(1) substituted by No. 29/2009 s. 15(1), amended by No. 56/2010 s. 9. (1) Only a person who is a body corporate may apply to the Commission for a club venue operator's licence or a hotel venue operator's licence. S. 3.4.8(1A) inserted by No. 29/2009 s. 15(1). (1A) An application for a club venue operator's licence may only be made by a club— (a) that is established for a community purpose; and (b) the constituting document of which contains provisions prohibiting— (ii) the distribution of any surplus to its members on winding up. (2) An application for a licence must— S. 3.4.8(2)(ba) inserted by No. 72/2007 s. 8. (ba) set out details of the self-exclusion program that the applicant intends to conduct if the licence is granted; and S. 3.4.8(2)(bb) inserted by No. 72/2007 s. 8. (bb) be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and S. 3.4.8(2A) inserted by No. 29/2009 s. 15(2), substituted by No. 43/2009 s. 10. (2A) In addition to the requirements of subsection (2), in the case of an application for a club venue operator's licence where the applicant holds a club liquor licence or a racing club licence, the application must also be accompanied by— (a) a copy of the club liquor licence, or the racing club licence (as the case may be) for the club; and (b) any further information that the Commission requires to be satisfied that the applicant is a club established for a community purpose. S. 3.4.8(2AB) inserted by No. 43/2009 s. 10. (2AB) In addition to the requirements of subsection (2), in the case of an application for a club venue operator's licence where the applicant does not hold a club liquor licence or a racing club licence, the application must also be accompanied by— (a) a copy of the constituting document of the club that is certified as true and correct by the authorising officer of the club with the provisions referred to in subsection (1A)(b) clearly marked; and (b) a statement of community purpose which sets out the purposes for which the club is established (if these purposes are not set out in the constituting document of the club); and (c) any further information that the Commission requires to be satisfied that the applicant is a club established for a community purpose. (3) Within 14 days after making an application, the applicant must cause to be published in a newspaper circulating generally in Victoria a notice containing— (b) a statement that any person may object to the grant of the licence by giving notice in writing to the Commission within 28 days after the date of publication stating the grounds for the objection. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a venue operator's licence. S. 3.4.9 substituted by No. 29/2009 s. 16, repealed by No. 28/2022 s. 23. 3.4.10 Objections A person may object to the grant of a venue operator's licence, within the time specified in section 3.4.8(3)(b), on any of the following grounds— (a) that the applicant or an associate of the applicant is not of good repute having regard to character, honesty and integrity; (b) that the applicant or an associate of the applicant has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity; (c) that a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the conduct of gaming or business of the applicant is not a suitable person to act in that capacity. 3.4.11 Matters to be considered in determining applications (1) The Commission must not grant an application for a venue operator's licence unless satisfied that— (a) the grant of the licence does not conflict with a direction, if any, given under section 3.2.3; and (b) the applicant, and each associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of an approved venue; and S. 3.4.11(1) (ba) inserted by No. 29/2009 s. 17(1). (ba) in the case of an application for a club venue operator's licence, the applicant is a club; and S. 3.4.11(1)(c) amended by No. 39/2007 s. 8. (c) in respect of each premises approved under Part 3 that the applicant seeks to manage and operate under the licence, the regional limit or municipal limit will not be exceeded by the grant of the application; and S. 3.4.11(1)(d) amended by Nos 72/2007 s. 9(1), 62/2017 s. 49(9). (d) if the applicant's premises are situated within 100 metres of an approved venue (including a venue whose approval under Part 3 is suspended) of which the applicant or an associate of the applicant is the venue operator, the management and operation of that venue and the applicant's premises where the proposed approved venue is to be situated are genuinely independent of each other; and S. 3.4.11(1)(e) inserted by No. 72/2007 s. 9(2). (e) the self-exclusion program complies with— S. 3.4.11(1)(e)(i) substituted by No. 62/2017 s. 60. (i) regulations made for or with respect to Part 4B in Schedule 1; and S. 3.4.11(1)(e)(ii) substituted by No. 62/2017 s. 60. (ii) the direction under section 10.6.1(1); and S. 3.4.11(1)(f) inserted by No. 72/2007 s. 9(2). (f) the Responsible Gambling Code of Conduct complies with— S. 3.4.11(1)(f)(i) substituted by No. 62/2017 s. 56(1). S. 3.4.11(1)(f)(ii) substituted by No. 62/2017 s. 56(1). (a) each applicant and associate of the applicant is of good repute, having regard to character, honesty and integrity; S. 3.4.11 (2)(ab) inserted by No. 60/2011 s. 9. (ab) the applicant is of sound and stable financial background; and S. 3.4.11(2)(b) amended by No. 29/2009 s. 17(2). (b) the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; (c) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; (d) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity. (3) The Commission must also consider every objection made in accordance with section 3.4.10. 3.4.12 Determination of applications and duration of licence (1) The Commission must determine an application by either granting or refusing the application and must notify the applicant in writing of its decision. S. 3.4.12(2) amended by No. 72/2007 s. 10(1). (2) A licence may be granted subject to any conditions imposed by this Act and that the Commission thinks fit and must specify— (a) the premises, if any, approved under Part 3 that the licensee is authorised to manage and operate under the licence; and S. 3.4.12 (2)(ab) inserted by No. 29/2009 s. 18(1). (ab) whether the licence is a club venue operator's licence or a hotel venue operator's licence; and (b) the number of gaming machines permitted in each of the premises; and S. 3.4.12(2)(ba) inserted by No. 29/2009 s. 18(2). (ba) in respect of each premises, details that identify each gaming machine entitlement held by the venue operator under which gaming may be conducted in those premises; and S. 3.4.12(2)(c) amended by No. 72/2007 s. 10(2). (c) the gaming machine areas approved for each of the premises; and S. 3.4.12(2)(d) inserted by No. 72/2007 s. 10(3). (d) the self-exclusion program that will be conducted by the licensee; and S. 3.4.12(2)(e) inserted by No. 72/2007 s. 10(3). (e) the Responsible Gambling Code of Conduct that will be implemented by the licensee. S. 3.4.12(3) repealed by No. 30/2023 s. 20. (4) Without limiting the matters to which conditions may relate, the conditions of a licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. S. 3.4.12(4A) inserted by No. 29/2009 s. 18(3). (4A) Without limiting the matters to which conditions may relate, the Commission may impose different conditions on a licence depending on whether the venue operator holds or does not hold gaming machine entitlements. S. 3.4.12(4B) inserted by No. 29/2009 s. 18(3). (4B) The Commission must give written notice to the venue operator of the conditions to which the licence is subject. S. 3.4.12(5) amended by No. 29/2009 s. 18(4). (5) If an application is granted, the licence is granted for a term of 10 years or any other term specified in the licence, subject to the conditions and for the venue specified in the licence. S. 3.4.12A inserted by No. 72/2007 s. 11, amended by No. 62/2017 s. 61. 3.4.12A Self-exclusion program is a condition of licence It is a condition of a venue operator's licence that the venue operator conduct a self-exclusion program that complies with— S. 3.4.12A(a) inserted by No. 62/2017 s. 61. (a) regulations made for or with respect to Part 4B in Schedule 1; and S. 3.4.12A(b) inserted by No. 62/2017 s. 61. (b) the direction under section 10.6.1(1). S. 3.4.12B inserted by No. 72/2007 s. 11, amended by No. 62/2017 s. 57(1). 3.4.12B Responsible Gambling Code of Conduct is a condition of licence It is a condition of a venue operator's licence that the venue operator implement a Responsible Gambling Code of Conduct that complies with— S. 3.4.12B(a) inserted by No. 62/2017 s. 57(1). S. 3.4.12B(b) inserted by No. 62/2017 s. 57(1). (b) each direction under section 10.6.6(1) that applies in relation to the venue operator. S. 3.4.12C inserted by No. 71/2008 s. 6, repealed by No. 62/2017 s. 62. 3.4.13 Register of venue operators and approved venues (1) The Commission must establish and cause to be maintained a Register of Venue Operators and Approved Venues. (2) The Register must contain the following information in relation to every venue operator— (a) the name and address of the venue operator; (b) the name and address of every associate of the venue operator; S. 3.4.13 (2)(ba) inserted by No. 29/2009 s. 18(5). (ba) details as to whether the venue operator is the holder of a club venue operator's licence or a hotel venue operator's licence; (c) the address of each approved venue; (d) the number of gaming machines permitted in each approved venue; (e) the name and address of the nominee, if any, at each approved venue; S. 3.4.13(2)(f) amended by No. 29/2009 s. 18(6)(a), repealed by No. 30/2023 s. 21. S. 3.4.13(2)(g) inserted by No. 29/2009 s. 18(6)(b), substituted by No. 60/2011 s. 10. (g) in respect of each gaming machine entitlement held by the venue operator— (i) details that identify the gaming machine entitlement (including the identification number of the gaming machine entitlement); and (ii) information as to whether the gaming machine entitlement is being used to conduct gaming on a gaming machine; and S. 3.4.13 (2)(g)(iii) amended by No. 62/2017 s. 32(a). (iii) if the gaming machine entitlement is being used to conduct gaming on a gaming machine, the name of the approved venue at which the gaming is being conducted; and S. 3.4.13 (2)(g)(iv) inserted by No. 62/2017 s. 32(b). (iv) if the gaming machine entitlement is assigned, details of the assignment (including the identity of the venue operator to whom it is assigned). S. 3.4.13(3) inserted by No. 62/2017 s. 49(10). (3) In subsection (2), a reference to an approved venue also refers to a venue whose approval under Part 3 is suspended. S. 3.4.13A inserted by No. 60/2011 s. 11. 3.4.13A Venue operator to give Commission certain information about where gaming will be conducted under gaming machine entitlements A venue operator must give notice to the Commission of the following information before conducting gaming under a gaming machine entitlement— (a) the number of gaming machine entitlements under which the operator will conduct gaming on gaming machines and the identification numbers of those gaming machine entitlements; (b) the name of the approved venue at which that gaming will be conducted under each of those gaming machine entitlements. 3.4.14 Nominee of licensee S. 3.4.14(1) amended by No. 56/2010 s. 10(1). (1) Within 60 days, or the longer period allowed by the Commission, after a venue operator that is a body corporate is notified under section 3.4.12(1) that it has been granted a licence, the venue operator must— (a) nominate, for each approved venue, a natural person to be responsible as licensee on behalf of the venue operator; and S. 3.4.14(2) amended by No. 56/2010 s. 10(2). (2) Within 60 days, or the longer period allowed by the Commission, after the conditions of the licence of a venue operator that is a body corporate are amended by the addition of an approved venue under section 3.4.17(1)(a), the venue operator must— (a) nominate, for that approved venue, a natural person to be responsible as licensee on behalf of the venue operator; and S. 3.4.14(3) amended by No. 56/2010 s. 10(3). (3) Within 60 days, or the longer period allowed by the Commission, after— (a) a venue operator is notified by the Commission of a refusal to approve a person nominated under this section; or (b) a person nominated by the venue operator and approved by the Commission resigns, is dismissed or ceases to manage or control the approved venue— the venue operator must nominate another natural person to be responsible as licensee on behalf of the venue operator and apply to the Commission for approval of the person nominated. S. 3.4.14(3A) inserted by No. 64/2014 s. 5. (3A) An application for approval of a nominee under this section— S. 3.4.14(4) amended by No. 23/2025 s. 74(Sch. 1 item 2.5). (4) A person nominated by a venue operator and approved by the Commission under this section is liable under this Act as licensee in respect of the approved venue for which the person was nominated. (5) If a venue operator that is a body corporate does not have a person who has been approved by the Commission under this section managing or controlling an approved venue, the directors or members of the committee of management of the body corporate (as the case requires) are severally liable under this Act as licensee. (6) The Commission may refuse to approve a person nominated under this section unless satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of an approved venue. (7) In particular, the Commission must consider whether— (a) the person nominated and each associate of the person nominated is of good repute, having regard to character, honesty and integrity; (b) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. (8) The Commission must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision. (9) The nomination and approval by the Commission of a person under this section does not limit the liability of a venue operator under this Act whilst that person is a nominee. (10) A function of the Commission under this section may be performed by any commissioner. S. 3.4.14(11) inserted by No. 62/2017 s. 49(11). (11) In this section, a reference to an approved venue also refers to a venue whose approval under Part 3 is suspended. 3.4.15 Venue operator's licence is non-transferable A venue operator's licence is not transferable to any other person or, subject to section 3.4.17, venue. 3.4.16 Renewal of venue operator's licence (1) The holder of a venue operator's licence may, not earlier than 9 months before the expiration of the current licence, apply to the Commission for a new licence, in which case— (a) the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its issue is refused; and (b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly. (2) An application for a new licence must be made in or to the effect of a form approved by the Commission and must be accompanied by the prescribed fee. (3) This Act (except section 3.4.8(3)) applies to and in relation to— as if the application has been made by a person other than a venue operator. 3.4.17 Amendment of conditions (1) The conditions of a venue operator's licence, including— (a) the addition or removal of an approved venue; and (b) variation of the number of gaming machines permitted in an approved venue; and S. 3.4.17(1)(c) amended by No. 30/2023 s. 22(a)(i). (c) variation of the gaming machine areas approved for an approved venue— S. 3.4.17(1)(d) repealed by No. 30/2023 s. 22(a)(ii). may be amended in accordance with this Division. S. 3.4.17(1A) inserted by No. 62/2017 s. 49(12). (1A) In subsection (1), a reference to an approved venue also refers to a venue whose approval under Part 3 is suspended. S. 3.4.17(2) repealed by No. 30/2023 s. 22(b). S. 3.4.17(3) amended by No. 62/2017 s. 101(2), repealed by No. 30/2023 s. 22(b). (4) An amendment may be proposed— (a) by the venue operator by requesting the Commission in writing, in accordance with section 3.4.18, to make the amendment and giving reasons for the request; or (b) by the Commission by giving notice in writing of the proposed amendment and giving reasons to the venue operator. S. 3.4.17(5)(6) repealed by No. 39/2007 s. 9(1). (7) An amendment proposed by the Commission must be— (a) in the public interest; or (b) for the proper conduct of gaming; or S. 3.4.17(7)(c) amended by No. 39/2007 s. 9(2). (c) for the purpose of implementing a regional limit or municipal limit. 3.4.18 Proposal of amendment by venue operator (1) A request by a venue operator for an amendment of licence conditions— (b) must be accompanied by the prescribed fee and any information the Commission requires; and S. 3.4.18(1)(c) amended by No. 30/2023 s. 23. (c) in the case of an amendment to increase the number of gaming machines permitted in an approved venue, must be accompanied by a submission— (i) on the net economic and social benefit that will accrue to the community of the municipal district in which the approved venue is located as a result of the proposed amendment; and (ii) taking into account the impact of the proposed amendment on surrounding municipal districts— in the form approved by the Commission and including the information specified in the form. S. 3.4.18(2) substituted by No. 58/2009 s. 21 (as amended by No. 56/2010 s. 66). (2) If the request is for an amendment to increase the number of gaming machines permitted in an approved venue, the venue operator must give the municipal council of the municipal district in which the approved venue is located a copy of the proposed request before submitting the request to the Commission. S. 3.4.18(2A) inserted by No. 58/2009 s. 21 (as amended by No. 56/2010 s. 66). (2A) If the request is for an amendment to increase the number of gaming machines permitted in an approved venue, unless the Commission considers there are exceptional circumstances, the venue operator must submit the request to the Commission within 3 days after giving a copy of the proposed request to the municipal council under subsection (2). S. 3.4.18(2B) inserted by No. 58/2009 s. 21 (as amended by No. 56/2010 s. 66). (2B) If the Commission considers there are exceptional circumstances, the Commission, by written notice given to the venue operator, may extend the period of time within which the venue operator may submit the request. (3) Sections 10.4.5 and 10.4.6 apply to a request by the venue operator for an amendment as if the request were an application for a venue operator's licence. S. 3.4.18(4) inserted by No. 62/2017 s. 49(13). (4) This section applies in relation to a venue whose approval under Part 3 is suspended in the same way that it applies in relation to an approved venue. S. 3.4.18A inserted by No. 58/2009 s. 22 (as amended by No. 56/2010 s. 67), amended by No. 62/2017 s. 49(14). 3.4.18A Commission to notify municipal council of receipt of proposal The Commission, on receiving a request for amendment by a venue operator to increase the number of gaming machines that are to be permitted in an approved venue (or venue whose approval under Part 3 is suspended) under section 3.4.17(4), must notify the municipal council of the municipal district in which the venue is located in writing that it has received the request. S. 3.4.18B inserted by No. 58/2009 s. 22 (as amended by No. 56/2010 s. 67). 3.4.18B Amendment of proposal to increase number of gaming machines permitted in an approved venue S. 3.4.18B(1) amended by No. 62/2017 s. 49(15). (1) A venue operator who has requested an amendment to increase the number of gaming machines that are to be permitted in an approved venue (or venue whose approval under Part 3 is suspended) under section 3.4.17(4) may only amend the request within 30 days after giving the municipal council of the municipal district in which the venue is located a copy of the proposed request under section 3.4.18(2). The venue operator may do so by submitting the request, with the amendments, to the Commission. (2) The venue operator must also give a copy of the request, as amended, to the municipal council on the same day the venue operator submits the request to the Commission. S. 3.4.18C inserted by No. 58/2009 s. 22 (as amended by No. 56/2010 s. 67). 3.4.18C Municipal council must notify Commission of intention to make submission The municipal council must notify the Commission in writing as to whether it intends to make a submission under section 3.4.19 in respect of any request or amended request within 37 days after receiving a notice under section 3.4.18A or a copy of the amended request under section 3.4.18B(2), as the case may be. 3.4.19 Submissions on proposed amendments S. 3.4.19(1) substituted by No. 58/2009 s. 23(1) (as amended by No. 56/2010 s. 68). (1) Subject to this section, after receiving a copy of a request for an amendment referred to in section 3.4.18(2), a municipal council may make a submission to the Commission— S. 3.4.19(1)(a) amended by No. 62/2017 s. 49(16). (a) addressing the economic and social impact of the proposed amendment on the well-being of the community of the municipal district in which the approved venue (or venue whose approval under Part 3 is suspended) is located; and (b) taking into account the impact of the proposed amendment on surrounding municipal districts. S. 3.4.19(1A) inserted by No. 58/2009 s. 23(1) (as amended by No. 56/2010 s. 68). (1A) Unless the Commission considers there are exceptional circumstances, a submission must be made within 60 days after the municipal council receives notice under section 3.4.18A or a copy of an amended request under section 3.4.18B(2), as the case may be. S. 3.4.19(1B) inserted by No. 58/2009 s. 23(1) (as amended by No. 56/2010 s. 68). (1B) If the Commission considers that there are exceptional circumstances, the Commission, by written notice given to the municipal council, may extend the period of time within which the council may make a submission. S. 3.4.19(1C) inserted by No. 58/2009 s. 23(1) (as amended by No. 56/2010 s. 68). (1C) The Commission must not extend the period of time within which the municipal council may make a submission beyond 30 days after the end of the period specified in subsection (1A). (2) A submission under subsection (1) must be in the form approved by the Commission and must include the information specified in the form. S. 3.4.19(3) substituted by No. 58/2009 s. 23(2). (3) In the case of an amendment proposed by the Commission, the Commission must give the venue operator at least 28 days to make any other submissions to the Commission concerning the proposed amendment and must consider the submissions made. (4) The venue operator may waive the right under subsection (3) to make submissions concerning a proposed amendment by giving notice in writing signed by the venue operator to the Commission. (5) The Commission must consider any submissions made in accordance with this section. 3.4.20 Consideration and making of amendment (1) Without limiting the matters which the Commission may consider in deciding whether to make a proposed amendment, the Commission must not amend a venue operator's licence unless— (a) the Commission is satisfied that the amendment of the licence does not conflict with a direction, if any, given under section 3.2.3; and S. 3.4.20(1)(b) amended by No. 39/2007 s. 10. (b) if the proposed amendment will result in an increase in the number of gaming machines permitted in an approved venue, the Commission is satisfied that the regional limit or municipal limit for gaming machines for the region or municipal district in which the approved venue is located will not be exceeded by the making of the amendment; and (c) if the proposed amendment will result in an increase in the number of gaming machines permitted in an approved venue, the Commission is satisfied that the net economic and social impact of the amendment will not be detrimental to the well-being of the community of the municipal district in which the approved venue is located; and (d) if premises are proposed to be added to the licence as an approved venue and the premises are situated within 100 metres of an approved venue of which the applicant for the amendment, or an associate of the applicant, is the venue operator, the Commission is satisfied that the management and operation of the approved venue and the proposed approved venue are genuinely independent of each other. (2) The Commission must decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the venue operator of its decision. S. 3.4.20(2A) inserted by No. 58/2009 s. 24 (as amended by No. 56/2010 s. 69). (2A) In the case of a proposed amendment to increase the number of gaming machines permitted in an approved venue, the Commission must use its reasonable endeavours to decide whether to make the proposed amendment within the required period. S. 3.4.20(2B) inserted by No. 58/2009 s. 24 (as amended by No. 56/2010 s. 69). (2B) For the purposes of subsection (2A) the ***required period*** is— (a) 60 days after receiving notification from the municipal council under section 3.4.18C that it does not intend to make a submission under section 3.4.19 (whether or not a submission has been made on the request before the request was amended); (b) if a submission is made by the municipal council under section 3.4.19 and no amendment in respect of the request has been submitted to the Commission, 60 days after the making of the submission; (c) if an amendment in respect of the request has been submitted to the Commission and a submission has been made by the municipal council under section 3.4.19 in relation to the request as amended, 60 days after the making of the submission. S. 3.4.20(2C) inserted by No. 58/2009 s. 24 (as amended by No. 56/2010 s. 69). (2C) Subsection (2B)(c) applies even if the municipal council has made a submission under section 3.4.19 on the request before the request was amended. S. 3.4.20(2D) inserted by No. 58/2009 s. 24 (as amended by No. 56/2010 s. 69). (2D) If the Commission does not make a decision within the required period specified under subsection (2A), the Commission is taken to have refused to make the proposed amendment. S. 3.4.20(3) substituted by No. 7/2006 s. 3(1). (3) An amendment may be made subject to any conditions that the Commission thinks fit. S. 3.4.20(3A) inserted by No. 7/2006 s. 3(1). (3A) Despite subsection (1)(a) and (b), the Commission may make an amendment before being satisfied of the matters referred to in those paragraphs on condition that the amendment does not take effect until the Commission is satisfied as required by those paragraphs. S. 3.4.20(3B) inserted by No. 7/2006 s. 3(1), repealed by No. 30/2023 s. 24. S. 3.4.20(3C) inserted by No. 9/2018 s. 8. (3C) An amendment may be granted subject to a condition that the amendment does not take effect until— (a) the venue operator satisfies the Commission that certain conditions specified by the Commission have been met; and (b) the Commission has notified the venue operator in writing that it is satisfied that the conditions have been met. S. 3.4.20(3D) inserted by No. 9/2018 s. 8. (3D) Without limiting the matters to which conditions may relate, the conditions of an amendment may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. S. 3.4.20(3E) inserted by No. 9/2018 s. 8. (3E) If the Commission grants an amendment subject to conditions and the conditions are not met, the Commission must amend the conditions on a venue operator's licence to reduce the number of gaming machines permitted in an approved venue on the grounds that the venue operator has failed to meet a condition on the licence relating to additional gaming machines. S. 3.4.20(3F) inserted by No. 9/2018 s. 8. (3F) If the Commission amends a licence on the grounds set out in subsection (3E), the number by which the permitted gaming machines is reduced must be equal to the number of additional machines relating to the condition or conditions which the venue operator has failed to meet. S. 3.4.20(4) amended by No. 7/2006 s. 3(2). (4) An amendment takes effect when notice of the Commission's decision is given to the venue operator or at any later time that may be specified in the notice. S. 3.4.20(5) inserted by No. 62/2017 s. 49(17). (5) This section applies in relation to a venue whose approval under Part 3 is suspended in the same way that it applies in relation to an approved venue. S. 3.4.20A inserted by No. 9/2018 s. 9. 3.4.20A Variation of conditional amendment (1) The holder of a licence subject to conditions imposed under section 3.4.20(3C) may, at least 60 days before the expiry of the time in which to comply with a condition, make written application to the Commission for an extension of time to comply with the condition. (2) An application under subsection (1) must be accompanied by a submission as to why the time to comply with the condition should be extended. (3) On receiving an application under subsection (1), the Commission may, as it sees fit, by written notice to the holder of the licence, grant or refuse the application. (4) A grant or refusal under subsection (3) takes effect when the notice is given or on a later date specified in the notice. 3.4.21 Tribunal review of amendment increasing number of gaming machines (1) A venue operator who requested an amendment referred to in section 3.4.18(2) may apply to the Tribunal for review of a decision of the Commission on the proposed amendment. (2) A council that made a submission under section 3.4.19 on a proposed amendment referred to in section 3.4.18(2) may apply to the Tribunal for review of a decision of the Commission granting the proposed amendment. (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the venue operator or council requests a statement of reasons for the decision, the day on which the statement of reasons is given to the venue operator or council or the venue operator or council is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 3.4.22 (Heading) substituted by No. 64/2014 s. 6(1). 3.4.22 Removal of approved venue if liquor licence is cancelled etc. S. 3.4.22(1) repealed by No. 64/2014 s. 6(2). S. 3.4.22(2) amended by No. 62/2017 s. 49(18). (2) If a licence under the **Liquor Control Reform Act 1998** in respect of an approved venue (or venue whose approval under Part 3 is suspended) is cancelled, transferred, relocated, surrendered or released, the venue operator's licence is immediately amended to remove the premises that were the venue. 3.4.23 Notification of certain changes (1) A venue operator must give notice in writing to the Commission if any of the following occurs— (a) in the case of a venue operator that is an incorporated association— (i) the passing of a special resolution by the incorporated association to amalgamate with another incorporated association; (ii) the passing of a special resolution by an incorporated association to convert itself into a company under the Corporations Act; S. 3.4.23(1)(b) amended by No. 64/2014 s. 6(3)(a)(i). (b) in the case of a venue operator that is an unincorporated body, the passing of a resolution by the body to authorise the body to become a body corporate. S. 3.4.23(1)(c) repealed by No. 64/2014 s. 6(3)(a)(ii). S. 3.4.23(2) repealed by No. 64/2014 s. 6(3)(b). 3.4.24 Endorsement of licence and Register (1) The Commission may endorse a venue operator's licence to do one or both of the following— (a) to amend the name and address of the venue operator; (b) to include premises as an approved venue. (2) The Commission may endorse a venue operator's licence with the change of the name of the venue operator to the name of any of the persons referred to in subsection (3)(a) or a person nominated by a person referred to in subsection (3)(a). (3) The Commission must not endorse a licence under this section unless the Commission is satisfied that— (a) the endorsement is made at the request of, or with the approval of, one of the following— (i) the licensee; S. 3.4.24 (3)(a)(ii) repealed by No. 29/2009 s. 17(3). (iii) the legal personal representative of the licensee; S. 3.4.24 (3)(a)(iv) amended by No. 13/2019 s. 221(Sch. 1 item 18). (iv) if the licensee has become a represented person under the **Guardianship and Administration Act 2019**, the guardian or administrator appointed in respect of the licensee; (v) the official receiver, trustee or assignee of a licensee who becomes insolvent under administration; S. 3.4.24 (3)(a)(vi) amended by No. 40/2025 s. 21. (vi) a person who is administering a licensee that is a Chapter 5 body corporate; (vii) a person whose name has been or will be endorsed on the licence under Part 4 or Part 6 of the **Liquor Control Reform Act 1998** in respect of licensed premises that are an approved venue in a licence under this Act; (viii) an incorporated association formed on the amalgamation of one or more incorporated associations, one of which was the licensee; and (b) any person who, as a result of the endorsement, will be or become an associate of the person endorsed on the licence is at the time of endorsement approved by the Commission as an associate under a gaming Act; (c) having regard to the purpose of this Act, the endorsement of the licence would not be contrary to the public interest; (d) the endorsement is necessary to provide for continuity of the licence in circumstances other than where the licence has expired by effluxion of time. (4) An endorsement of a licence takes effect on and from— (a) the date of the decision of the Commission to endorse the licence; or (b) any later date— (i) that is specified by the Commission; or (ii) that is the date when all of the conditions specified by the Commission as a pre-requisite to the endorsement taking effect have been satisfied. (5) A person who is endorsed as the venue operator under this section is to be taken to be the venue operator on and from the date the endorsement takes effect. (6) If a licence is endorsed to include premises as an approved venue the licence is to be taken to include those premises as an approved venue on and from the date the endorsement takes effect. (7) The Commission may endorse a licence subject to any conditions imposed by the Commission. (8) If the Commission endorses a licence under this section, it must make a corresponding endorsement in any relevant entry in the Register. 3.4.25 Disciplinary action against venue operator S. 3.4.25(1) def. of *disciplinary action* amended by Nos 10/2004 s. 15(Sch. 1 item 10.2), 29/2009 s. 18(7), 56/2010 s. 11(1). ***disciplinary action***, against a venue operator, means any of the following— (a) the cancellation or suspension of the venue operator's licence; (b) the variation of the conditions of the venue operator's licence; (c) the issuing of a letter of censure to the venue operator; (d) the imposition of a fine not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004** on the venue operator; S. 3.4.25(1) def. of *grounds for disciplinary action* amended by Nos 72/2007 s. 12, 29/2009 s. 19, substituted by No. 56/2010 s. 11(2), amended by Nos 60/2011 s. 12, 4/2014 s. 14, 62/2017 ss 49(19), 75(1), 78. ***grounds for disciplinary action***, in relation to a venue operator, means any of the following— (a) that the venue operator's licence was obtained by a materially false or misleading representation or in some other improper way; (ab) that the venue operator has failed to provide information that the venue operator is required by this Act to provide or has provided information knowing it to be false or misleading; (b) that there have been repeated breaches in the approved venue of rules made by the Commission under section 3.5.23 (whether or not the approval under Part 3 for that venue has since been suspended); (c) that there has been a contravention of section 3.2A.2, 3.2A.4, 3.2A.5 or 3.2A.6; (d) that the venue operator has contravened— (i) the venue operator's licence; or (ii) a provision of this Act (being a provision a contravention of which does not constitute an offence); or (iii) a condition imposed by the Minister on a gaming machine entitlement under section 3.4A.5; or (iiia) the standard entitlement-related conditions, standard monitoring-related conditions or standard pre‑commitment conditions that apply to the venue operator; (iv) an entitlement-related agreement; or (v) an agreement referred to in section 3.4A.11A, 3.8A.15 or 3.8A.16; (e) that the venue operator has been found guilty of an offence— (i) against a gaming Act or the gaming regulations; or (ii) an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; (f) that an associate of the venue operator has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; (g) that the venue operator is not, or is no longer, a suitable person to conduct the activities authorised by the venue operator's licence, having regard to the matters set out in section 3.4.11(2); (h) that the venue operator has repeatedly breached the venue operator's self‑exclusion program; (i) that the venue operator has repeatedly breached the venue operator's Responsible Gambling Code of Conduct; (j) that the venue operator has failed to discharge financial obligations to a player; (b) an offence arising out of or in connection with the management or operation of an approved venue; or (c) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, the nature or circumstances of which, in the opinion of the Commission, relate to an approved venue of the venue operator. (2) The Commission may serve on a venue operator a notice in writing giving the venue operator an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. (3) The venue operator, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (4) The Commission may then take disciplinary action against the venue operator as the Commission sees fit and does so by giving written notice of the disciplinary action to the venue operator. (5) If the disciplinary action is the cancellation, suspension or variation of the terms of the venue operator's licence, it takes effect when the notice under subsection (4) is given or at a later time specified in the notice. (7) This section does not apply to a venue operator who is a casino operator. 3.4.26 Letter of censure (1) Disciplinary action taken by the Commission under section 3.4.25(4) in the form of a letter of censure may censure the venue operator in respect of any matter connected with the operation of the approved venue and may include a direction to the venue operator to rectify within a specified time any matter giving rise to the censure. S. 3.4.26(2) substituted by No. 29/2009 s. 20. (2) If a direction given in a letter of censure is not complied within the specified time, the Commission, by giving written notice to the venue operator, may do either or both of the following without giving the venue operator a further opportunity to be heard— (a) take a licence disciplinary action; S. 3.4.26(2)(b) amended by No. 56/2010 s. 12. (b) fine the venue operator an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**. S. 3.4.26(3) inserted by No. 29/2009 s. 20. (3) In subsection (2), ***licence disciplinary action*** means cancel or suspend, or vary the conditions of, the venue operator's licence. 3.4.27 Suspension of venue operator's licence pending criminal proceedings (1) The Commission may suspend a venue operator's licence by notice in writing given to the venue operator if the Commission is satisfied that— (a) the venue operator; or (b) if the venue operator is a body corporate, an officer, director or nominee of the venue operator; or (c) if the venue operator is the managing committee for the time being of a club, a member of that committee— has been charged with a relevant offence (within the meaning of section 3.4.25). (3) A venue operator's licence is of no effect for the purposes of section 3.2.1 while it is suspended but the suspension does not affect its operation for any other purposes. S. 3.4.27A inserted by No. 29/2009 s. 21. 3.4.27A No authority to conduct gaming if venue operator's licence suspended or cancelled (1) This section applies if a venue operator's licence is suspended or cancelled by the Commission under section 3.4.25(4) or 3.4.26(2). (2) A gaming machine entitlement held by the venue operator does not authorise the conduct of gaming— (a) while the venue operator's licence is suspended; or (b) after the venue operator's licence has been cancelled. (3) To avoid doubt, a venue operator may, while its venue operator's licence is suspended— (a) possess gaming equipment; and (b) sell or dispose of gaming equipment with the approval of the Commission; and (c) transfer gaming machine entitlements. 3.4.28 Provisional venue operator's licence (1) The Commission may grant a provisional venue operator's licence to a person. (2) A provisional licence expires at the end of 90 days after its grant but may be renewed for a further period or successive periods of 90 days. (3) A provisional licence may only be granted under subsection (1) to enable an application for a venue operator's licence to be made. Ch. 3 Pt 4 Div. 2A (Heading and ss 3.4.28A–3.4.28F) inserted by No. 29/2009 s. 22. Division 2A—Venue operators and venue agreements S. 3.4.28AA inserted by No. 58/2009 s. 25. 3.4.28AA Application of Division This Division does not apply to a venue operator who is a casino operator. S. 3.4.28A inserted by No. 29/2009 s. 22, amended by No. 62/2017 s. 33(3) (ILA s. 39B(1)). 3.4.28A Definitions (1) In this Division— S. 3.4.28A(1) def. of *prohibited venue agreement* substituted by No. 62/2017 s. 33(1). ***prohibited venue agreement*** has the meaning given in section 3.4.28AB; S. 3.4.28A(1) def. of *reviewable venue agreement* amended by No. 62/2017 s. 33(2). ***reviewable venue agreement*** means, subject to subsection (2), any of the following agreements, as amended from time to time— (a) a lease of property that is used as an approved venue or an agreement under which a licence is granted to use a property that is an approved venue; (b) an agreement for the acquisition of a gaming machine entitlement or a gaming machine by a venue operator under which the entitlement or gaming machine is partly or fully paid for by another person; (c) an agreement relating to the management or operation of an approved venue, including an agreement under which services are provided, or that relates to the provision of services, to assist in the management of an entitlement holder's gaming machine business; (d) an agreement declared to be a reviewable venue agreement under section 3.4.28B. S. 3.4.28A(2) inserted by No. 62/2017 s. 33(3). (2) A registered assignment agreement is not a ***reviewable venue agreement***. S. 3.4.28AB inserted by No. 62/2017 s. 34. 3.4.28AB Meaning of *prohibited venue agreement* (1) A ***prohibited venue agreement*** is an agreement, arrangement or understanding entered into by a venue operator and another person under which the venue operator provides, as consideration, an amount (however described) calculated by reference to gaming machine revenue earned by the venue operator. (2) An entitlement-related agreement is not a ***prohibited venue agreement*** only because— (a) the agreement provides for an amount or amounts to be paid by a venue operator who holds a gaming machine entitlement; and (b) the amount is, or the amounts are, calculated by reference to gaming machine revenue earned by the venue operator. (3) An assignment agreement is not a ***prohibited venue agreement*** unless it provides for the payment of an amount calculated by reference to gaming machine revenue in respect of the conduct of gaming— (a) under specific gaming machine entitlements; or (b) on specific gaming machines. S. 3.4.28B inserted by No. 29/2009 s. 22. 3.4.28B Commission may declare certain agreements to be reviewable venue agreements S. 3.4.28B(1) amended by No. 62/2017 s. 35. (1) The Commission, by written determination, may declare an agreement to which a venue operator is a party (other than a registered assignment agreement or an agreement referred to in paragraphs (a) to (c) of the definition of ***reviewable venue agreement***) to be a reviewable venue agreement. (2) A determination under subsection (1) must be published on the Commission's website. S. 3.4.28C inserted by No. 29/2009 s. 22. 3.4.28C Entering into prohibited venue agreement prohibited (1) This section applies on and after a gaming machine entitlement declared day that applies to a gaming machine entitlement held by a venue operator. (2) The venue operator must not enter into, or be a party to, a prohibited venue agreement. S. 3.4.28D inserted by No. 29/2009 s. 22. 3.4.28D Prohibited venue agreements are void (1) This section applies on and after a gaming machine entitlement declared day that applies to a gaming machine entitlement held by a venue operator. (2) A prohibited venue agreement to which the venue operator is a party is void. S. 3.4.28E inserted by No. 29/2009 s. 22. 3.4.28E Commission may issue written notice directing venue operators to give it copies of reviewable venue agreements (1) The Commission, by written notice, may direct a venue operator, or a venue operator who is a member of class of venue operator, specified in the notice, to give to the Commission a copy of— (a) every reviewable venue agreement to which the venue operator is a party; or (b) every reviewable venue agreement of a particular kind specified in the notice to which the venue operator is a party. (2) A venue operator must comply with a notice under subsection (1) within 28 days after receiving the notice. S. 3.4.28F inserted by No. 29/2009 s. 22. 3.4.28F No compensation payable No compensation is payable by the State to any person because of the operation of this Division. Ch. 3 Pt 4 Div. 3 (Heading and ss 3.4.29–3.4.37) amended by Nos 10/2004 s. 15(Sch. 1 item 10.3), 71/2008 s. 7, 29/2009 s. 82, 43/2009 s. 4, 4/2014 s. 15, repealed by No. 28/2022 s. 23. Ch. 3 Pt 4 Div. 3A (Heading and ss 3.4.37A–3.4.37J) inserted by No. 54/2004 s. 5, repealed by No. 56/2010 s. 61(1). Ch. 3 Pt 4 Div. 3B (Heading and ss 3.4.37K–3.4.37N) inserted by No. 54/2004 s. 5, amended by No. 104/2004 s. 39(6), repealed by No. 28/2022 s. 23. Ch. 3 Pt 4 Div. 4 (Heading and ss 3.4.38–3.4.54) amended by Nos 45/2004 ss 23–25, 104/2004 s. 7, repealed by No. 104/2004 s. 39(3), new Ch. 3 Pt 4 Div. 4 (Heading and ss 3.4.38–3.4.59P) inserted by No. 29/2009 s. 23. Division 4—Monitoring licence New s. 3.4.38 inserted by No. 29/2009 s. 23. 3.4.38 Definitions ***applicant*** means applicant for the monitoring licence; S. 3.4.38 def. of *application* amended by No. 58/2009 s. 28(a). ***application*** means an application for the monitoring licence; S. 3.4.38 def. of *contact* inserted by No. 60/2011 s. 44. ***contact*** includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means; S. 3.4.38 def. of *government representative* inserted by No. 60/2011 s. 44, amended by No. 23/2025 s. 74(Sch. 1 item 2.6). (f) a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with the Secretary's obligations under this Division or Division 1B or 1C of Part 4 of Chapter 10; S. 3.4.38 def. of *interested person* inserted by No. 60/2011 s. 44, substituted by No. 1/2021 s. 11(b). (d) the monitoring licensee; or S. 3.4.38 def. of *licence awarding process* inserted by No. 60/2011 s. 44, substituted by No. 1/2021 s. 11(c). (a) the Minister's decision to invite a person to apply for the monitoring licence; (b) the Minister's determination whether to grant or refuse an application for the monitoring licence; (c) the preparation or making of a recommendation or report, or any other thing that may be or is required to be done under the Act, for the purpose of the Minister making a decision or determination referred to in paragraph (a) or (b); S. 3.4.38 def. of *lobbying activity* inserted by No. 60/2011 s. 44. (a) in relation to a licence awarding process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process; (b) in relation to a request to amend the monitoring licence under section 3.4.59B, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to the monitoring licence; S. 3.4.38 def. of *lobbyist* inserted by No. 60/2011 s. 44, amended by No. 43/2012 s. 3(Sch. item 22.2). S. 3.4.38 def. of *monitoring services* inserted by No. 58/2009 s. 28(b), repealed by No. 4/2014 s. 16. S. 3.4.38 def. of *monitoring services* *provider* inserted by No. 58/2009 s. 28(b), amended by No. 28/2022 s. 24.[[3]](#endnote-4) ***monitoring services provider*** means a person appointed under section 3.4.59LF or 3.4.59LG; S. 3.4.38 def. of *pending applicant* inserted by No. 1/2021 s. 11(a). ***pending applicant*** means a person the Minister has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42; S. 3.4.38 def. of *possible invitee* inserted by No. 1/2021 s. 11(a). ***possible invitee*** means a person the Minister is considering inviting to apply for the monitoring licence. New s. 3.4.39 inserted by No. 29/2009 s. 23. 3.4.39 One licence This Chapter does not authorise the operation at the same time of more than one monitoring licence. New s. 3.4.40 inserted by No. 29/2009 s. 23. 3.4.40 Minister may invite applications (1) The Minister may invite a person to apply for the monitoring licence but only if the person— (a) has a physical place of business in Victoria; and S. 3.4.40(1)(b) amended by No. 56/2010 s. 13. (b) is a body corporate. (2) In addition, the Minister may take into account any other matter in deciding whether to invite a person to apply for the monitoring licence. New s. 3.4.41 inserted by No. 29/2009 s. 23. 3.4.41 Secretary may report on suitability of persons Minister is considering to invite to apply for licence S. 3.4.41(1) substituted by No. 58/2009 s. 26(1). (1) If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering to invite to apply for the monitoring licence. S. 3.4.41(2) repealed by No. 58/2009 s. 26(2). (3) A report may include any recommendations the Secretary thinks fit. S. 3.4.41A inserted by No. 58/2009 s. 27. 3.4.41A Consent required for reports and investigations S. 3.4.41A(1) amended by No. 1/2021 s. 12(a)(i). (1) For the purpose of preparing a report under section 3.4.41 or 3.4.43 to give to the Minister, and for investigations and inquiries to be carried out under Division 1C or 1D of Part 4 of Chapter 10 for the purpose of preparing a report under section 3.4.41 or 3.4.43, the Secretary must obtain the written consent of— S. 3.4.41A(1)(a) amended by No. 1/2021 s. 12(a)(ii). (i) to invite a possible invitee to apply for the monitoring licence; or S. 3.4.41A (1)(b)(ii) amended by No. 1/2021 s. 12(a)(iii). (ii) a pending applicant or an applicant should be granted a monitoring licence under this Division. S. 3.4.41A(2) repealed by No. 1/2021 s. 12(b). New s. 3.4.42 inserted by No. 29/2009 s. 23. 3.4.42 Application for monitoring licence (1) A person who has been invited by the Minister under section 3.4.40 to apply for the monitoring licence— (i) requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for the licence; and (ii) reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and (iii) any other requirements specified by the Minister in relation to applicants or applications for the licence. (3) The Minister may require an applicant to provide any further information to the Minister in connection with the application. (4) The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant. (5) The Minister must refer each licence application to the Secretary for a report under section 3.4.43. (6) If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary. S. 3.4.42(7) repealed by No. 60/2011 s. 45. Division 1D of Part 4 of Chapter 10 provides for the investigation by the Commission of an application for the monitoring licence. New s. 3.4.43 inserted by No. 29/2009 s. 23. 3.4.43 Report to Minister by Secretary on applications (1) The Secretary must give a written report to the Minister on each application— (a) stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied under section 3.4.44(2) to grant the application have been made out; and (b) stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 3.4.42 have been complied with; and (2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions. New s. 3.4.44 inserted by No. 29/2009 s. 23. 3.4.44 Determination of applications (1) The Minister is to determine whether to grant or refuse an application after receiving the report of the Secretary under section 3.4.43. S. 3.4.44(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.7). (2) The Minister may grant an application only if the Minister is satisfied that the granting of the application is in the public interest, taking into account each of the following matters— (a) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; (b) whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's monitoring business, is a suitable person to act in that capacity; (d) whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (f) whether the applicant has the ability to establish and maintain a successful monitoring business; (g) any other matters the Minister considers relevant. (3) In determining whether to grant or refuse an application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 3.4.43. S. 3.4.44(4) amended by No. 23/2025 s. 74(Sch. 1 item 2.7). (4) If the Minister refuses an application, the Minister must give written notice to the applicant. New s. 3.4.45 inserted by No. 29/2009 s. 23, amended by No. 60/2011 s. 46, substituted by No. 1/2021 s. 13. 3.4.45 Prohibition on improper interference (1) An interested person in relation to the monitoring licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant. (2) If an interested person improperly interferes with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant, the Minister may refuse to consider, or consider further— (a) whether to invite the possible invitee to apply for the monitoring licence; or (b) an application for the monitoring licence made by the pending applicant or applicant. S. 3.4.45A (Heading) amended by No. 1/2021 s. 14(1). S. 3.4.45A inserted by No. 60/2011 s. 47. 3.4.45A Prohibition on lobbying (1) A lobbyist must not in relation to a licence awarding process carry out a lobbying activity for or on behalf of an interested person. S. 3.4.45A(2) amended by No. 1/2021 s. 14(2). (2) The Minister may refuse to invite a person to apply for the monitoring licence, to consider an application for the monitoring licence or to grant an application for the monitoring licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity. New s. 3.4.46 inserted by No. 29/2009 s. 23, amended by No. 23/2025 s. 74(Sch. 1 item 2.7). 3.4.46 Issue of licence If the Minister grants an application, the Minister must issue the monitoring licence to the applicant who made that application. S. 3.4.46A inserted by No. 74/2010 s. 25(1). 3.4.46A Monitoring licence not personal property For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a monitoring licence is declared not to be personal property. New s. 3.4.47 inserted by No. 29/2009 s. 23, amended by No. 23/2025 ss 4 (ILA s. 39B(1)), 74(Sch. 1 item 2.7). 3.4.47 Licence conditions (1) The Minister may impose any conditions the Minister thinks fit on the monitoring licence, including— (a) conditions referred to in any other provision in this Chapter; (b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or the Minister. S. 3.4.47(2) inserted by No. 23/2025 s. 4. (2) Without limiting subsection (1), the Minister may include as a condition of the monitoring licence any matter that could be the subject‑matter of a direction under section 3.4.49(1) or 3.8A.2(1)(a). S. 3.4.48 (Heading) substituted by No. 58/2009 s. 29. New s. 3.4.48 inserted by No. 29/2009 s. 23. 3.4.48 Minister may refuse to issue monitoring licence if related agreements not entered into Despite section 3.4.46, the Minister may refuse to issue the monitoring licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to the licence. S. 3.4.48A inserted by No. 58/2009 s. 30. 3.4.48A Related agreements with monitoring licensee (1) Subject to this section, the Minister, by written notice, may direct the monitoring licensee to enter into an agreement or class of agreements dealing with matters relating to the monitoring licence with— (2) Before giving a direction under subsection (1), the Minister must consult with the monitoring licensee. (a) must warn the monitoring licensee of the Minister's powers under this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (4) The monitoring licensee must comply with a direction under subsection (1). (5) The monitoring licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 3.4.48B inserted by No. 58/2009 s. 30. 3.4.48B No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 3.4.48A or the entering into an agreement in compliance with a direction under section 3.4.48A. S. 3.4.48C inserted by No. 58/2009 s. 30. 3.4.48C Limitation of monitoring licensee's civil liability S. 3.4.48C(1) substituted by No. 60/2011 s. 13, amended by Nos 4/2014 s. 17, 23/2025 s. 17(2). (1) Except as provided under an agreement referred to in section 3.4.48 or 3.4.48A, the monitoring licensee does not incur any liability for an act or omission in the provision of monitoring services, responsible gambling and regulatory compliance services or pre‑commitment services that causes a gaming machine not to operate. (2) Subsection (1) does not apply to a liability that would otherwise arise at law in the case where— (a) a person has won a prize after playing a gaming machine; and (b) that prize cannot be paid because of a failure by the monitoring licensee to provide monitoring services to enable the payment of that prize; and (c) the person who won the prize or the venue operator who conducts gaming with the machine on which the prize was won sustains a loss because that prize cannot be paid. S. 3.4.48D inserted by No. 58/2009 s. 30. 3.4.48D Related agreements may provide for damages determined by the Minister An agreement referred to in section 3.4.48 or 3.4.48A must provide for the kinds of damages determined by the Minister under section 3.4.48E. S. 3.4.48E inserted by No. 58/2009 s. 30. 3.4.48E Minister may determine certain damages that must be included in related agreements (1) The Minister, after consulting the Treasurer, may determine the kinds of damages that must be provided for under an agreement referred to in section 3.4.48 or 3.4.48A. (2) Without limiting subsection (1), the Minister may determine— S. 3.4.48E (2)(a) amended by Nos 60/2011 s. 14(1), 4/2014 s. 18, 23/2025 s. 17(2). (a) the maximum amount that may be payable under the agreement in damages for a breach of a specified condition or for specified acts or omissions in the provision of monitoring services, responsible gambling and regulatory compliance services or pre-commitment services that cause a gaming machine not to operate; S. 3.4.48E (2)(b) amended by Nos 60/2011 s. 14(2), 4/2014 s. 18, 23/2025 s. 17(2). (b) the maximum amount that may be payable under the agreement in damages to a specified person or specified class of person for a breach of a specified condition or for specified acts or omissions in the provision of monitoring services, responsible gambling and regulatory compliance services or pre-commitment services that cause a gaming machine not to operate; (c) the kinds of events or circumstances that could form the basis of a condition referred to in paragraph (a) or (b). S. 3.4.49 (Heading) amended by No. 23/2025 s. 5(1). New s. 3.4.49 inserted by No. 29/2009 s. 23. 3.4.49 Responsible gambling and regulatory compliance directions S. 3.4.49(1) substituted by No. 4/2014 s. 19, amended by No. 23/2025 s. 5(2)(a). (1) The Minister may direct the monitoring licensee to provide one or more of the following— S. 3.4.49(1)(a) amended by No. 23/2025 s. 5(2)(b). (a) systems and mechanisms that implement responsible gambling measures for the conduct of gaming; S. 3.4.49 (1)(ab) inserted by No. 23/2025 s. 5(2)(c). (ab) systems and mechanisms that implement regulatory compliance measures for the conduct of gaming, including compliance with anti-money laundering and counter‑terrorism financing obligations; (b) services that are associated with the provision of those systems and mechanisms. (a) in writing; and (b) given to the monitoring licensee; and (c) published in the Government Gazette. (3) It is a condition of the monitoring licence held by the monitoring licensee that the licensee must comply with a direction under subsection (1). S. 3.4.49A inserted by No. 56/2010 s. 14, amended by No. 64/2014 s. 39(2). 3.4.49A Monitoring licensee must establish and maintain approved linked jackpot trust accounts The monitoring licensee must establish and maintain at an ADI in the State a separate approved linked jackpot trust account for each multiple venue linked jackpot arrangement. S. 3.4.49B inserted by No. 56/2010 s. 14. 3.4.49B Operation of multiple venue linked jackpot arrangements without approved linked jackpot trust account prohibited The monitoring licensee must not allow a multiple venue linked jackpot arrangement to operate unless an approved linked jackpot trust account for that arrangement is established. S. 3.4.49C inserted by No. 56/2010 s. 14. 3.4.49C Payments out of approved linked jackpot trust accounts (1) The monitoring licensee must pay out of an approved linked jackpot trust account— (a) only the amounts that are specified under subsection (2); and (b) only in accordance with a jackpot financial administration services agreement between the licensee and a venue operator whose money has been paid into the account. (2) For the purposes of subsection (1)(a) the amounts are— (a) amounts to enable a venue operator to pay jackpot prizes; and S. 3.4.49C (2)(b) amended by No. 64/2014 s. 39(2). (b) fees payable by the monitoring licensee to the ADI in relation to the approved linked jackpot trust account; and (c) other amounts of money paid into the approved linked jackpot trust account in accordance with a jackpot financial administration services agreement between the monitoring licensee and a venue operator. New s. 3.4.50 inserted by No. 29/2009 s. 23. 3.4.50 Duration of licence The monitoring licence— S. 3.4.50(b) amended by No. 23/2025 s. 6. (b) is valid for the term specified in the licence, unless terminated earlier in accordance with this Chapter or extended under section 3.4.51. New s. 3.4.51 inserted by No. 29/2009 s. 23. 3.4.51 Extension of licence (1) If invited by the Minister to do so, the monitoring licensee may apply to the Minister, before the monitoring licence expires, for a licence extension. (2) On application under subsection (1), the Minister may extend the monitoring licence for a period not exceeding 2 years from the day it would otherwise expire, after consulting— (b) any other person the Minister considers appropriate. (3) The monitoring licence may be extended only once. (4) The monitoring licence cannot be renewed, but a person who holds or has held a monitoring licence may apply for a subsequent monitoring licence, if invited by the Minister to do so. New s. 3.4.52 inserted by No. 29/2009 s. 23. 3.4.52 Licence may authorise preparatory action (1) This section applies to a monitoring licence if the licence takes effect at a time specified in the licence that is later than the time of issue of the licence. (2) The monitoring licence may authorise the monitoring licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (4) Despite section 3.4.50(a), the monitoring licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). (5) No account is to be had to this section in determining the term of the licence under section 3.4.50(b). S. 3.4.52(6) def. of *current gaming monitoring activities* amended by No. 58/2009 s. 123, repealed by No. 28/2022 s. 25(a). S. 3.4.52(6) def. of *preparatory action* amended by No. 28/2022 s. 25(b). ***preparatory action*** means anything necessary or convenient to be done for the purpose of conducting any activities authorised by the monitoring licence. S. 3.4.52A inserted by No. 23/2025 s. 7. 3.4.52A Premium payment (1) The Minister may require the monitoring licensee to pay, as consideration for the monitoring licence, one or more amounts determined by the Minister as the premium payment. (3) If the Minister extends the monitoring licence under section 3.4.51(2), the Minister may require the monitoring licensee to pay, as consideration for the extension of the licence, one or more amounts determined by the Minister as the premium payment for the extension of the licence. (4) The premium payment for the monitoring licence or the extension of the monitoring licence is a tax. (5) An amount or amounts equal to a premium payment paid under subsection (1) or (3) must be paid out of the Consolidated Fund (which is appropriated to the necessary extent), at the time or times determined by the Treasurer, into the Hospitals and Charities Fund. S. 3.4.52B inserted by No. 23/2025 s. 7. 3.4.52B Penalty interest for late payment The monitoring licensee must pay to the Commission, for payment into the Consolidated Fund, interest on a premium payment under section 3.4.52A(1) or (3) that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the **Penalty Interest Rates Act 1983**. S. 3.4.52C inserted by No. 23/2025 s. 7. 3.4.52C Recovery of amounts A premium payment under section 3.4.52A(1) or (3) or any interest payable under section 3.4.52B may be recovered in a court of competent jurisdiction as a debt due to the State. New s. 3.4.53 inserted by No. 29/2009 s. 23. 3.4.53 Publication and tabling (i) of the issue of the monitoring licence, as soon as practicable after the licence is issued; and (ii) of the making of any agreement referred to in section 3.4.48, as soon as practicable after the agreement is made; and (b) a copy of the monitoring licence to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is issued; and (c) a copy of any agreement referred to in section 3.4.48 to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the agreement is made. (a) may exclude information from the monitoring licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of the monitoring licence and any agreements referred to in section 3.4.48 to be made available on its website as soon as practicable after notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the monitoring licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3). New s. 3.4.54 inserted by No. 29/2009 s. 23. 3.4.54 Engaging contractors and appointing agents to assist with monitoring (1) The monitoring licence may authorise the monitoring licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of activities authorised by the licence. S. 3.4.54(2) amended by Nos 58/2009 s. 31, 56/2010 s. 15. (2) To avoid doubt, the engagement of a person or the appointment of an agent by the monitoring licensee does not affect any function or obligation of the licensee under a gaming Act, the gaming regulations, the monitoring licence or any related agreement referred to in section 3.4.48 or 3.4.48A. S. 3.4.55 inserted by No. 29/2009 s. 23. 3.4.55 Transfer only under this Division The monitoring licence is not transferable to any other person except in accordance with this Division. S. 3.4.56 inserted by No. 29/2009 s. 23. 3.4.56 Application to transfer licence (1) The monitoring licensee may apply to the Minister to transfer the monitoring licence to another person (the ***transferee***). (2) An application to transfer the monitoring licence— (3) If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the monitoring licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application to transfer the monitoring licence. (4) The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application to transfer the monitoring licence, whether or not the application is granted. (6) The Minister may refer the application to transfer the monitoring licence to the Commission for a report under section 3.4.58. S. 3.4.57 inserted by No. 29/2009 s. 23. 3.4.57 Transfer of monitoring licence (1) On an application under section 3.4.56, the Minister may transfer the monitoring licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4) and (5). (i) the transferee is a wholly-owned subsidiary of the monitoring licensee; or (ii) the transferee and the monitoring licensee are both wholly-owned subsidiaries of a third company; and (b) that the transferee has a physical place of business in Victoria; and (c) that the transferee is not a natural person or a venue operator; and (d) that the transferee will not, on becoming the monitoring licensee, contravene Part 2A. (3) The Minister must be satisfied that the transfer of the monitoring licence to the transferee is in the public interest, taking into account each of the following matters— (a) whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity; (b) whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's monitoring business, is a suitable person to act in that capacity; (d) whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence; (f) whether the transferee has the ability to establish and maintain a successful monitoring business; (g) any other matters the Minister considers relevant. (4) The Minister must be satisfied that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee. (5) The Minister must be satisfied that the transferee is capable of meeting the obligations of the monitoring licensee under any agreements referred to in section 3.4.48. (6) The Minister may refuse to transfer the monitoring licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee. (7) In determining whether to grant or refuse an application to transfer the monitoring licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 3.4.58. (8) If the Minister transfers the monitoring licence, the transferee becomes the monitoring licensee and assumes all the obligations and liabilities of the monitoring licensee under this Act. S. 3.4.58 inserted by No. 29/2009 s. 23. 3.4.58 Report to Minister by Commission (1) If the Minister has referred to the Commission an application to transfer the monitoring licence, the Commission must give a written report to the Minister on the application— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and (2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a monitoring licence. S. 3.4.59 inserted by No. 29/2009 s. 23. 3.4.59 Related agreements The Minister may refuse to transfer a monitoring licence if— (a) the monitoring licensee and any other person who is party to an agreement referred to in section 3.4.48 relating to the licence have not executed any document requested by the Minister in relation to that agreement; or (b) the transferee or any other person requested by the Minister (or both) has not entered into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 3.4.48 or any further agreement. S. 3.4.59A inserted by No. 29/2009 s. 23. 3.4.59A Publication and tabling (i) of the transfer of the monitoring licence, as soon as practicable after the licence is transferred; and (ii) of the execution of any document referred to in section 3.4.59(a) or of the entering into of any agreement referred to in section 3.4.59(b), as soon as practicable after the document is executed or the agreement is entered into; and (b) a copy of the transfer of the monitoring licence to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and (c) a copy of any document referred to in section 3.4.59(a) or any agreement referred to in section 3.4.59(b) to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into. (a) may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a transfer of the monitoring licence and any document referred to in section 3.4.59(a) or agreement referred to in section 3.4.59(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3). S. 3.4.59B inserted by No. 29/2009 s. 23. 3.4.59B Request by licensee for amendment of licence (1) The monitoring licensee may request the Minister to amend the monitoring licence. S. 3.4.59B(1A) inserted by No. 58/2009 s. 32, amended by No. 23/2025 s. 74(Sch. 1 item 2.8). (1A) The Minister may refuse to consider the request for a licence amendment if, in the Minister's opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 3.4.59C. (3) The Minister may require the monitoring licensee to provide any further information or any documents to the Minister in connection with the request. (4) If this section or a requirement made by the Minister under this section is not complied with, the Minister may refuse to consider the request. (5) If no fee is prescribed for the purposes of subsection (2)(c), the Minister, by written notice, may require the monitoring licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the request. (6) The Minister may require costs payable under subsection (5) to be paid by instalments or at any time before, during or after the Minister's consideration of the request, whether or not the Minister decides to make the requested amendment. S. 3.4.59C inserted by No. 29/2009 s. 23. 3.4.59C Amendment of licence S. 3.4.59C(1) amended by No. 60/2011 s. 48. (1) Subject to this Division, the Minister must decide whether to make an amendment requested under section 3.4.59B, either with or without changes from that originally requested, and must give written notice of the decision to the monitoring licensee. S. 3.4.59C(1A) inserted by No. 58/2009 s. 33(1). (1A) The Minister may, at any time, decide to make an amendment to the monitoring licence and must give written notice of the decision to the monitoring licensee. S. 3.4.59C(1B) inserted by No. 58/2009 s. 33(1). (1B) Before making an amendment to the monitoring licence under subsection (1A), the Minister must notify the monitoring licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action. S. 3.4.59C(2) substituted by No. 58/2009 s. 33(2), amended by No. 23/2025 s. 74(Sch. 1 item 2.8). (2) In deciding whether or not to make an amendment, the Minister must take into account whether, in the Minister's opinion— (3) If the Minister amends the monitoring licence under this section, the Minister must cause— (a) notice of the amendment to be published in the Government Gazette as soon as practicable after the licence is amended; and (b) a copy of the amendment, and the licence as amended, to be— (ii) subject to subsection (4), presented to each House of Parliament within 7 sitting days of the House after the licence is amended. (a) may exclude information from the amendment, or the monitoring licence as amended, if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (5) Subject to subsection (6), the Commission must cause a copy of the amendment, or the monitoring licence as amended, to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (4)(b). (6) If the Minister has excluded information from an amendment under subsection (4), the Commission must exclude that information from the copy of the amendment, or the monitoring licence as amended, it makes available under subsection (5). S. 3.4.59C(7) amended by No. 58/2009 s. 33(3). (7) An amendment takes effect when notice of the decision to make the amendment is given to the monitoring licensee under subsection (1) or (1A) or on a later date specified in the notice. S. 3.4.59CA inserted by No. 60/2011 s. 49. 3.4.59CA Prohibition on lobbying for amendment of licence (1) A lobbyist must not, in relation to a request for an amendment to the monitoring licence under section 3.4.59B, carry out a lobbying activity for or on behalf of an interested person. (2) The Minister may refuse to consider a request to amend the monitoring licence if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity. S. 3.4.59D inserted by No. 29/2009 s. 23. 3.4.59D Grounds for disciplinary action Each of the following is a ground for disciplinary action in relation to the monitoring licence— (a) the monitoring licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; (b) the monitoring licensee has been found guilty of an offence against a gaming Act; (c) the monitoring licensee, or an associate of the licensee, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; (d) the monitoring licensee has contravened— S. 3.4.59D(d)(i) amended by No. 56/2010 s. 16(1). (ii) a provision of this Act (being a provision a contravention of which does not constitute an offence); S. 3.4.59D(e) amended by Nos 56/2010 s. 16(2), 4/2014 s. 20. (e) the monitoring licensee has contravened an agreement referred to in section 3.4.48, 3.4.48A, 3.4.59, 3.4.59LA or 3.8A.15; S. 3.4.59D(f) amended by No. 40/2025 s. 22. (f) the monitoring licensee becomes a Chapter 5 body corporate or otherwise becomes insolvent; (g) the monitoring licence was obtained by a materially false or misleading representation or in some other improper way. S. 3.4.59E inserted by No. 29/2009 s. 23. 3.4.59E Commission may take or recommend disciplinary action (1) If the Commission considers that there is a ground for taking disciplinary action in relation to the monitoring licence, the Commission may give the monitoring licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice. (2) The monitoring licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken. (i) issue a letter of censure to the monitoring licensee; (ii) fine the monitoring licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; or (b) may make a written report to the Minister recommending that the Minister take disciplinary action against the monitoring licensee under section 3.4.59F. (5) A letter of censure may censure the monitoring licensee in respect of any matter connected with the management or operation of its monitoring business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure. (6) If a direction given under subsection (5) is not complied within the specified time, the Commission may— (a) fine the monitoring licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; or (b) make a written report to the Minister recommending that the Minister take disciplinary action against the monitoring licensee under section 3.4.59F. (7) The Commission may fine the monitoring licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter. S. 3.4.59F inserted by No. 29/2009 s. 23. 3.4.59F Minister may take disciplinary action (1) If the Commission makes a report to the Minister under section 3.4.59E, the Minister may— (i) amend the monitoring licence; or (ii) suspend the monitoring licence; or (iii) cancel the monitoring licence; or (b) if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the monitoring licensee under section 3.4.59E(3)(a). S. 3.4.59F (2)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.8). (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 3.4.59E; and (c) is not required to give the monitoring licensee a further opportunity to be heard or make submissions. (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the monitoring licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 3.4.59E(3)(a). (4) Cancellation, suspension or amendment of the monitoring licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice. S. 3.4.59G (Heading) amended by No. 56/2010 s. 17. S. 3.4.59G inserted by No. 29/2009 s. 23. 3.4.59G Suspension of licence S. 3.4.59G(1) substituted by No. 58/2009 s. 34. (1) The Minister may suspend the monitoring licence by giving written notice to the monitoring licensee if the Minister is satisfied that— (a) the licensee or an executive officer of the licensee has been charged with— (i) an offence against a gaming Act or gaming regulations; or (ii) an offence arising out of or in connection with the management or operation of a monitoring business; or (iii) an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the management or operation of a monitoring business; or (b) the licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; or S. 3.4.59G (1)(c) amended by No. 40/2025 s. 23. (c) the licensee becomes a Chapter 5 body corporate or otherwise becomes insolvent; or (d) the licence was obtained by a materially false or misleading representation or in some other improper way. S. 3.4.59GA inserted by No. 56/2010 s. 18. 3.4.59GA Disciplinary and other action against monitoring licensee—preparatory action (1) Despite anything to the contrary in this Division— (a) the Commission may take or recommend disciplinary action against the monitoring licensee under section 3.4.59E; or (i) take disciplinary action under section 3.4.59F against the monitoring licensee; or (ii) suspend the monitoring licence under section 3.4.59G— during the period in which the monitoring licensee is authorised to take preparatory action under section 3.4.52. (2) Despite section 3.4.50(a), for the purpose of subsection (1) the monitoring licence is taken to be in effect. S. 3.4.59H inserted by No. 29/2009 s. 23. 3.4.59H Effect of licence suspension The monitoring licence is of no effect for the purposes of Part 2 while it is suspended. S. 3.4.59I inserted by No. 29/2009 s. 23. 3.4.59I Temporary monitoring licence S. 3.4.59I(1) amended by No. 58/2009 s. 35(1). (1) If the monitoring licence (the ***original licence***) is cancelled or suspended under this Division, the Minister may, subject to subsection (1A), issue a temporary monitoring licence and appoint a temporary monitoring licensee for the period determined by the Minister. S. 3.4.59I(1A) inserted by No. 58/2009 s. 35(2). (1A) The Minister may, in accordance with subsection (2A), issue a temporary monitoring licence and appoint a temporary monitoring licensee for a period of 90 days. S. 3.4.59I(2) substituted by No. 58/2009 s. 35(3). (2) The Minister may issue a temporary monitoring licence under subsection (1) only if satisfied that— (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a monitoring business. S. 3.4.59I(2A) inserted by No. 58/2009 s. 35(3). (2A) The Minister may issue a temporary monitoring licence under subsection (1A) only if satisfied that— (b) the proposed licensee is a suitable person to be concerned in the management and operation of a monitoring business, taking into account the period of time for which the licence is issued. S. 3.4.59I(3) amended by No. 58/2009 s. 35(4). (3) Subject to subsections (1A) and (2A), a temporary monitoring licence is issued on the terms and conditions the Minister thinks fit and nothing in sections 3.4.38 to 3.4.51 applies to the issue of the temporary licence. S. 3.4.59I(4) amended by No. 58/2009 s. 35(5). (4) In considering whether to issue a temporary licence under subsection (1), the Minister— (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 3.4.59J. S. 3.4.59I(5) inserted by No. 58/2009 s. 35(6). (5) In considering whether to issue a temporary licence under subsection (1A), the Minister— (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 3.4.59JA. S. 3.4.59J (Heading) amended by No. 58/2009 s. 36(1). S. 3.4.59J inserted by No. 29/2009 s. 23. 3.4.59J Report to Minister by Commission for a temporary monitoring licence S. 3.4.59J(1) amended by No. 58/2009 s. 36(2). (1) If the Minister is considering issuing a temporary monitoring licence under section 3.4.59I(1), the Minister may request the Commission to give a written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary monitoring licence. S. 3.4.59JA inserted by No. 58/2009 s. 37. 3.4.59JA Report to Minister by Commission for a temporary monitoring licence issued for 90 days (1) If the Minister is considering issuing a temporary monitoring licence under section 3.4.59I(1A), the Minister may request the Commission to give a preliminary written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. S. 3.4.59K inserted by No. 29/2009 s. 23. 3.4.59K Arrangements with former licensee (1) A temporary monitoring licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee. (2) The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1). (3) The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1). S. 3.4.59K(4) def. of *former licensee* amended by No. 60/2011 s. 15. ***former licensee*** means the person who was the monitoring licensee— (a) under the original licence immediately before its cancellation or suspension; or (b) under a temporary monitoring licence immediately before its cancellation or other termination. S. 3.4.59L inserted by No. 29/2009 s. 23. 3.4.59L Further provisions for temporary licence S. 3.4.59L(1) amended by No. 58/2009 s. 38(1). (1) Subject to subsection (1A), a temporary monitoring licence— S. 3.4.59L(1A) inserted by No. 58/2009 s. 38(2). (1A) A temporary monitoring licence issued under section 3.4.59I(1A) may be extended once only for a period of 90 days. (2) If a temporary monitoring licence (including a temporary licence issued under this subsection) is cancelled or otherwise terminates (other than under subsection (1)(c)), the Minister may issue a further temporary monitoring licence and appoint a further temporary licensee for the period determined by the Minister. (3) To avoid doubt, sections 3.4.59F(1), (2), (3) and (4), 3.4.59G and 3.4.59H apply to the issue of a temporary monitoring licence under subsection (2). S. 3.4.59L(4) amended by No. 60/2011 s. 16. (4) The cumulative periods for which a temporary monitoring licence may be issued or extended under this Division cannot exceed 3 years after the day on which the original licence was cancelled or suspended (as the case may be). S. 3.4.59LA inserted by No. 58/2009 s. 39. 3.4.59LA Related agreements with temporary licensee (1) Subject to this section, the Minister, by written notice, may direct the temporary licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary monitoring licence with— (2) Before giving a direction under subsection (1), the Minister must consult with the temporary licensee. (a) must warn the temporary licensee of the Minister's powers under this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (4) The temporary licensee must comply with a direction under subsection (1). (5) The temporary licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 3.4.59LB inserted by No. 58/2009 s. 39. 3.4.59LB No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 3.4.59LA or the entering into an agreement in compliance with a direction under section 3.4.59LA. S. 3.4.59LC inserted by No. 58/2009 s. 39. 3.4.59LC Limitation of temporary licensee's civil liability S. 3.4.59LC(1) amended by Nos 4/2014 s. 21, 23/2025 s. 17(2). (1) The temporary licensee does not incur any liability for an act or omission in the provision of monitoring services, responsible gambling and regulatory compliance services or pre‑commitment services except as provided under an agreement referred to in section 3.4.59LA. (2) Subsection (1) does not apply to a liability that would otherwise arise at law in the case where— (a) a person has won a prize after playing a gaming machine; and (b) that prize cannot be paid because of a failure by the temporary licensee to provide monitoring services to enable the payment of that prize; and (c) the person who won the prize or the venue operator who conducts gaming with the machine on which the prize was won sustains a loss because that prize cannot be paid. S. 3.4.59LD inserted by No. 58/2009 s. 39. 3.4.59LD Related agreements may provide for damages determined by the Minister An agreement referred to in section 3.4.59LA must provide for the kinds of damages determined by the Minister under section 3.4.59LE. S. 3.4.59LE inserted by No. 58/2009 s. 39. 3.4.59LE Minister may determine certain damages that must be included in related agreements (1) The Minister, after consulting the Treasurer, may determine the kinds of damages that must be provided for under an agreement referred to in section 3.4.59LA. (2) Without limiting subsection (1), the Minister may determine— (a) the maximum amount of damages that may be payable under the agreement for a breach of a specified condition; (b) the maximum amount of damages that may be payable under the agreement to a specified person for a breach of a specified condition; (c) the kinds of events or circumstances that could form the basis of a condition referred to in paragraph (a) or (b). S. 3.4.59LF inserted by No. 58/2009 s. 39. 3.4.59LF Appointment of a monitoring services provider if monitoring licence not granted (1) This section applies if the Minister does not grant any application for the monitoring licence. S. 3.4.59LF(2) amended by No. 60/2011 s. 17(1). (2) The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person or persons (a ***monitoring services provider***) to provide monitoring services. S. 3.4.59LF(3) substituted by No. 60/2011 s. 17(2). (3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person or persons as a monitoring services provider or providers for the purposes of this section. (4) In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2). (5) A monitoring services provider is appointed— (a) by the Commission as directed by written notice by the Minister; and (b) on such terms and conditions as the Minister thinks fit. (6) The terms and conditions under subsection (5)(b)— (a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and (b) may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to provision of monitoring services (a ***related agreement***); and (c) may determine— (i) the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition; (ii) the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition; (iii) the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii). (7) The appointment of a monitoring services provider— (a) may be terminated at any time— (i) by the Commission; or (ii) by the Commission as directed by written notice of the Minister; and (b) is terminated on the later of— (i) the day the monitoring licence is issued; or (ii) if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time. (8) A monitoring services provider— (a) is taken to have, in connection with the provision of the monitoring services, all the functions and powers of the monitoring licensee; and (b) must provide monitoring services in accordance with this Act, the regulations and the provider's terms of appointment under subsection (5). S. 3.4.59LF(9) substituted by No. 60/2011 s. 17(3). (9) If the appointment of a monitoring services provider is terminated, the monitoring services provider ceases to be taken to have the functions and powers of the monitoring licensee. S. 3.4.59LG (Heading) amended by No. 60/2011 s. 18(1). S. 3.4.59LG inserted by No. 58/2009 s. 39. 3.4.59LG Appointment of a monitoring services provider after monitoring licence suspended or cancelled (1)(a) amended by No. 60/2011 s. 18(2). (a) the monitoring licence is suspended or cancelled; or (b) the Minister considers that there has been— (i) a significant failure in the operation or maintenance of the electronic monitoring system used to provide monitoring services; or (ii) a significant failure to provide monitoring services— such that no effective monitoring services are being provided. S. 3.4.59LG(2) amended by No. 60/2011 s. 18(3). (2) The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person or persons (other than the monitoring licensee) (a ***monitoring services provider***)— (2)(a) substituted by No. 56/2010 s. 19. (a) to— (i) provide monitoring services; and (ii) manage the business of the monitoring licensee to the extent that the business relates to the provision of monitoring services; or (2)(b) substituted by No. 56/2010 s. 19. (b) to— (i) carry out preparatory action within the meaning of section 3.4.52(6); and (ii) manage the business of the monitoring licensee to the extent that the business relates to the carrying out of preparatory action within the meaning of section 3.4.52(6). S. 3.4.59LG(3) substituted by No. 60/2011 s. 18(4). (3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person or persons as a monitoring services provider or providers for the purposes of this section. (4) In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2)(a) and (b). (5) A monitoring services provider is appointed— (a) by the Commission as directed by written notice by the Minister; and (b) on such terms and conditions as the Minister thinks fit. (6) The terms and conditions under subsection (5)(b)— (a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and (b) may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to provision of monitoring services (a ***related agreement***); and (c) may determine— (i) the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition; (ii) the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition; (iii) the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii). (7) The appointment of a monitoring services provider— (a) may be terminated at any time— (i) by the Commission; or (ii) by the Commission as directed by written notice of the Minister; and (7)(b) amended by No. 60/2011 s. 18(5). (b) in the case where the monitoring licence has been cancelled, is terminated on the later of— (i) the day the monitoring licence is issued; or (ii) if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time; and (c) in the case where the monitoring licence has been suspended, is terminated on the lifting of that suspension. (8) A monitoring services provider— (8)(a) repealed by No. 60/2011 s. 18(6). (b) is taken to have, in connection with the provision of the monitoring services— (i) all the functions and powers of the monitoring licensee; and (ii) all the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and (c) must provide monitoring services in accordance with this Act, the regulations, the monitoring licence, any related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party and the provider's terms of appointment under subsection (5); and (d) assumes full control of and responsibility for the business of the monitoring licensee and may use, in the provision of monitoring services, any property, and services of staff and contractors, of the monitoring licensee; and (e) may employ such staff and engage such contractors as may be required to provide monitoring services. (9) If the appointment of the monitoring services provider is terminated— (9)(a) repealed by No. 60/2011 s. 18(7). (b) ceases to be taken to have— (i) the functions and powers of the monitoring licensee; and (ii) the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and (c) ceases to be in control of and responsible for the business of the monitoring licensee. (10) substituted by No. 60/2011 s. 18(8). (10) In this section, ***monitoring licensee*** includes the person whose monitoring licence was suspended or cancelled immediately before the appointment of a monitoring services provider or providers. S. 3.4.59M inserted by No. 29/2009 s. 23. 3.4.59M Secretary may require further information (a) to provide, in accordance with directions in the notice, any information that is relevant to the consideration of the application and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the consideration 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); (d) to provide the Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Secretary— (a) must give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Minister; and (b) may give that information or record, or a copy of it, to the Commission if the Secretary considers that the information or record is relevant to an investigation or inquiry by the Commission in relation to the application. S. 3.4.59M(4) def. of *interested person* substituted by No. 60/2011 s. 50. ***interested person*** includes a person who the Secretary considers may become an associate of an applicant for the monitoring licence. S. 3.4.59N inserted by No. 29/2009 s. 23. 3.4.59N Updating information provided to Secretary (a) the Secretary requires information (including information in any records) from an interested person under section 3.4.59M; and (b) a change occurs in that information before the application is granted— (2) The Secretary— (a) must give the particulars of a change referred to in subsection (1) to the Minister; and (b) may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (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. ***interested person*** has the same meaning as in section 3.4.59M. S. 3.4.59O inserted by No. 29/2009 s. 23. 3.4.59O Updating information provided to Minister regarding licence application (1) If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. (2) The Minister must give the particulars of a change referred to in subsection (1) to the Secretary. (3) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (4) When particulars of a 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 relevant information. (a) any information contained in an application for the monitoring licence; or S. 3.4.59P inserted by No. 29/2009 s. 23. 3.4.59P Updating licence transfer application (1) If a change occurs in any relevant information before an application for transfer of the monitoring licence is granted or refused, the monitoring licensee must give the Minister written particulars of the change as soon as practicable. (2) The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application for transfer of the monitoring licence. (3) When particulars of a 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) to any further change in the relevant information. (a) any information contained in an application for transfer of the monitoring licence; or S. 3.4.59Q (Heading) amended by No. 4/2014 s. 22. S. 3.4.59Q inserted by No. 58/2009 s. 40. 3.4.59Q No compensation payable for certain acts and omissions (1) No compensation is payable by the State to any person for any loss incurred by the person as a result of an act or omission of, as the case requires— (a) the monitoring licensee in doing a thing authorised by the monitoring licence held by the licensee; or (b) a temporary licensee in doing a thing authorised under the temporary monitoring licence held by the licensee; or (c) the State or a monitoring services provider in doing a thing authorised under section 3.4.59LF or 3.4.59LG. (2) Except as provided under a related agreement referred to in section 3.4.59LF(6) or 3.4.59LG(6), no compensation is payable by a monitoring service provider to any person for any loss incurred by the person as a result of an act or omission of, as the case requires— (a) the monitoring licensee in doing a thing authorised by the monitoring licence held by the licensee; or (b) the State or the monitoring services provider in doing a thing authorised under the monitoring service provider's terms and conditions of appointment. S. 3.4.59R (Heading) amended by No. 21/2012 s. 239(Sch. 6 item 19.3). S. 3.4.59R inserted by No. 58/2009 s. 41. 3.4.59R Competition and Consumer Act and Competition Code S. 3.4.59R(1) amended by No. 21/2012 s. 239(Sch. 6 item 19.4). (1) For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following things are authorised by this Act— (a) the grant of a monitoring licence or a temporary monitoring licence; (b) conduct authorised or required by a monitoring licence or temporary monitoring licence or under the conditions of either licence; (c) entering into a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA; (d) amending a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA; (e) giving effect to a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA (whether amended or not). Ch. 3 Pt 4 Div. 5 (Heading and ss 3.4.55–3.4.58) repealed by No. 104/2004 s. 39(3). Ch. 3 Pt 4 Div. 6 (Heading and s. 3.4.59) repealed by No. 104/2004 s. 39(3). Division 7—Roll of Manufacturers, Suppliers and Testers S. 3.4.60 amended by No. 60/2011 s. 19 (ILA s. 39B(1)). 3.4.60 The Roll (1) The Commission must cause a Roll of Manufacturers, Suppliers and Testers to be kept. S. 3.4.60(2) inserted by No. 60/2011 s. 19. (2) The Roll must be divided into the following divisions— S. 3.4.60(2)(a) amended by No. 60/2011 s. 20. (a) manufacturers of gaming machines, restricted gaming components and restricted monitoring components; S. 3.4.60(2)(b) amended by No. 60/2011 s. 20. (b) suppliers of gaming machines, restricted gaming components and restricted monitoring components; (c) suppliers of testing services. 3.4.61 Application to be listed on Roll (1) A person may apply to the Commission to be listed on the Roll if the person— S. 3.4.61(1)(a) amended by No. 58/2009 s. 124. (a) manufactures, or intends to manufacture, gaming machines, restricted gaming components and restricted monitoring components; or S. 3.4.61(1)(b) amended by Nos 29/2009 s. 24(a), 58/2009 s. 124, 32/2012 s. 7(1). (b) supplies, or intends to supply, gaming machines, restricted gaming components and restricted monitoring components to a venue operator that holds a gaming machine entitlement; or (c) supplies or intends to supply testing services to any of the following— (1)(c)(i) amended by No. 32/2012 s. 7(2). (i) manufacturers or suppliers; (ii) persons seeking approval of gaming equipment (within the meaning of the **Casino Control Act 1991**); S. 3.4.61 (1)(c)(iii) repealed by No. 28/2022 s. 26(a). S. 3.4.61 (1)(c)(iiia) inserted by No. 22/2005 s. 4. (iiia) the holder of a public lottery licence; (1)(c)(iiib) inserted by No. 29/2009 s. 24(b), amended by No. 28/2022 s. 26(b), substituted by No. 13/2023 s. 6. (iiib) a wagering and betting licensee or a wagering and betting operator; (1)(c)(iiic) inserted by No. 29/2009 s. 24(b), amended by No. 1/2021 s. 79(2). (iiic) a keno licensee; (1)(c)(iiid) inserted by No. 29/2009 s. 24(b). (iiid) a venue operator that holds a gaming machine entitlement; (1)(c)(iiie) inserted by No. 29/2009 s. 24(b). (iiie) the monitoring licensee; (iv) licensed providers. (a) be in the form approved by the Commission and be accompanied by the prescribed fee; and S. 3.4.61 (2)(ab) inserted by No. 60/2011 s. 21. (ab) specify the division of the Roll in which the applicant wishes to be listed; and (b) contain or be accompanied by any additional information the Commission requires. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for listing on the Roll. (3) Within 14 days after making an application, the applicant must cause to be published in a newspaper circulating generally in Victoria and, if the applicant's principal place of business is situated outside Victoria (whether in or outside Australia) in a newspaper circulating generally in that place, a notice containing— (b) a statement that any person may object to the grant of the application by giving notice in writing to the Commission within 28 days after the date of publication stating the grounds for the objection. S. 3.4.61(5) amended by No. 58/2011 s. 91(1). (5) A function of the Commission under this section (other than subsection (4)) may be performed by any commissioner. 3.4.62 Objections (1) A person may object to the grant of an application for listing on the Roll by giving notice in writing to the Commission within the time specified in section 3.4.61(3)(b). (2) The notice must state the grounds for the objection. 3.4.63 Determination of applications (1) The Commission must determine an application by either granting or refusing the application and must notify the applicant in writing of the decision. (2) The application may be granted unconditionally or subject to any conditions the Commission thinks fit. S. 3.4.63(2A) inserted by No. 60/2011 s. 22(1). (2A) If the Commission grants an application, the Commission must list the person in the Roll in the appropriate division. (3) Without limiting the matters that the Commission may consider in determining whether or not to grant an application, the Commission must consider whether— (a) the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity; and (b) each person is of sound and stable financial background; and (c) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership trust or corporate structure; and (d) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and (e) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity. S. 3.4.63(3A) inserted by No. 60/2011 s. 22(2). (3A) In addition, in determining whether or not to grant an application, the Commission must also consider any prescribed matters. (4) In determining whether to grant an application by a person referred to in section 3.4.61(1)(c), in addition to the matters referred to in subsection (3), the Commission must consider— (a) the technical competence of the applicant; and S. 3.4.63(4)(b) amended by No. 60/2011 s. 22(3)(a). (b) whether the applicant has any connection to, or relationship with, a supplier or manufacturer listed on the Roll that would make it inappropriate for the applicant to be listed on the Roll; and S. 3.4.63(4)(c) inserted by No. 60/2011 s. 22(3)(b). (c) Part 2A. (5) The Commission must also consider every objection made in accordance with section 3.4.62. (6) Except as otherwise provided in this Act no appeal lies from the decision of the Commission. 3.4.64 Imposition and amendment of conditions (1) A condition may be imposed on a person's listing on the Roll in accordance with this section. (2) The conditions of a person's listing on the Roll may be amended in accordance with this section. (3) A condition or an amendment may be proposed— (a) by the person listed on the Roll by requesting the Commission in writing to impose the condition or to make the amendment and giving reasons for the request; or (b) by the Commission by giving notice in writing of the proposed condition or amendment and giving reasons to the person listed on the Roll. (4) A condition or amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming. (5) The Commission must give the person listed on the Roll 28 days to make submissions to the Commission concerning any proposed condition or amendment (whether proposed by the Commission or the person listed) and must consider the submissions made. (6) The person listed on the Roll may waive their right under subsection (5) to make submissions concerning a proposed condition or amendment by giving notice in writing signed by the person to the Commission. (7) The Commission must then decide whether to impose the proposed condition or make the proposed amendment (either as proposed or substantially to the same effect as proposed) and must notify the person listed on the Roll of its decision. (8) A condition or amendment takes effect when notice of the Commission's decision is given to the person listed on the Roll or on any later date that may be specified in the notice. 3.4.65 Disciplinary action S. 3.4.65(1) def. of *disciplinary action* amended by No. 10/2004 s. 15(Sch. 1 item 10.4). ***disciplinary action***, in relation to a person listed on the Roll, means any of the following— (a) removing the person's name from the Roll; (b) issuing a letter of censure to the person; (c) imposing of a fine not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004** on the person; S. 3.4.65(1) def. of *grounds for disciplinary action* amended by Nos 58/2009 s. 125, 60/2011 s. 23, 4/2014 s. 23. ***grounds for disciplinary action***, in relation to a person listed on the Roll, means any of the following— (a) that the listing was improperly obtained in that, at the time the application for listing was granted, there were grounds for refusing it; (b) that a change in the situation of the person has taken place and they have failed to notify the Commission in accordance with section 10.4A.4; (c) that the person, or any associate of the person, has been convicted of an offence against this Act or, whether or not in Victoria, of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine); (d) that the person has breached a condition to which their listing is subject; (e) that the person has provided information required by this Act to be provided, knowing it to be false or misleading; (f) that any machine, restricted gaming component or restricted monitoring component manufactured or supplied by the person is, in the opinion of the Commission, unreliable or otherwise unsatisfactory; (g) that any testing of gaming equipment, monitoring equipment, games or a pre-commitment system by the person is unsatisfactory; (ga) that any testing of player account equipment, or a part of a pre‑commitment system, installed or to be installed on or in a gaming machine is unsatisfactory; (h) that for any reason, having regard to the matters set out in section 3.4.63(3) or otherwise, the person is not a suitable person to be listed on the Roll or an associate of the person is not suitable to be an associate of a person listed on the Roll. (2) The Commission may serve on a person listed on the Roll a notice in writing giving the person an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. (3) The person listed on the Roll, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (4) The Commission may then take disciplinary action against the person listed on the Roll as the Commission sees fit and does so by giving written notice of the disciplinary action to the person. (5) If the disciplinary action is the removal of the person's name from the Roll, it takes effect when the notice under subsection (4) is given or at a later time specified in the notice. 3.4.66 Letter of censure (1) Disciplinary action taken by the Commission under section 3.4.65(4) in the form of a letter of censure may censure the person listed on the Roll in respect of any matter connected with the person's business and may include a direction to the person to rectify within a specified time any matter giving rise to the censure. S. 3.4.66(2) substituted by No. 58/2009 s. 42. (2) If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the person listed on the Roll, do either or both of the following without giving the person a further opportunity to be heard— (a) remove the person's name from the Roll; (b) fine the person an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**. 3.4.67 Voluntary removal from Roll A person listed on the Roll may, by notice in writing signed by the person, request the Commission to remove the name of the person from the Roll and if so, the Commission must remove the name as requested. 3.4.68 Payments etc. to venue operator unlawful S. 3.4.68(1) amended by No. 28/2022 s. 27(a). (1) A person listed on the Roll or an employee or associate of such a person must not make, either directly or indirectly, payment to or confer a benefit on a venue operator. S. 3.4.68(2) amended by No. 28/2022 s. 27(b). (2) A venue operator must not receive any benefit whatsoever from a person listed on the Roll or an employee or associate of such a person. S. 3.4.68(2A) inserted by No. 27/2013 s. 5. (2A) Subsections (1) and (2) do not apply— (a) to a payment or benefit that is authorised by this Act to be made, conferred or received; or (b) without limiting paragraph (a), to— (i) the provision by a person listed on the Roll of a discount on the sale of gaming machines in bulk to a venue operator in accordance with a price list published under section 3.4.68A by the person; or (ii) the receipt by a venue operator of such a discount. (3) Subsection (2) does not apply to a venue operator who is a casino operator. S. 3.4.68A inserted by No. 56/2010 s. 20. 3.4.68A Publication of standard price lists (1) A person listed on the Roll who manufactures gaming machines must publish or otherwise make available on request a price list stating the prices of— (a) gaming machines that the person may sell to a venue operator; and (b) the standard terms and conditions on which that person will sell the gaming machines. (2) A price list published under this section must include the prices at which gaming machines may be sold in bulk. (3) A price list under this section may be published on the person's Internet site. Ch. 3 Pt 4A (Headings and ss 3.4A.1–3.4A.33) inserted by No. 29/2009 s. 25. Part 4A—Gaming machine entitlements Division 1—Requirement to hold gaming machine entitlements and authority conferred by them S. 3.4A.1 inserted by No. 29/2009 s. 25. 3.4A.1 Requirement to hold gaming machine entitlements (1) On and after the day declared by the Minister under subsection (2) (the ***gaming machine entitlement declared day***), the conduct of gaming in an approved venue is lawful only if— (a) the venue operator holds a gaming machine entitlement that authorises the conduct of that gaming; and S. 3.4A.1(1)(b) amended by Nos 58/2009 s. 43(a), 28/2022 s. 28(a). (b) the gaming is conducted in accordance with any conditions to which the gaming machine entitlement is subject. S. 3.4A.1(1)(c) inserted by No. 58/2009 s. 43(b), repealed by No. 28/2022 s. 28(b). (2) For the purposes of this Part, the Minister, by notice published in the Government Gazette, may declare a day on and after which a venue operator must hold a gaming machine entitlement to conduct gaming in an approved venue. (3) The Minister may declare different days in relation to different gaming machine entitlements. (4) At any time before a gaming machine entitlement declared day has occurred, the Minister, by notice published in the Government Gazette, may substitute another day (that is not a day that has passed) to be the gaming machine entitlement declared day for the purposes of the gaming machine entitlements. (5) A gaming machine entitlement declared day may be substituted by notice under subsection (4) more than once under this section. S. 3.4A.2 inserted by No. 29/2009 s. 25. 3.4A.2 Authority conferred by gaming machine entitlements S. 3.4A.2(1) amended by Nos 56/2010 s. 21(1), 62/2017 ss 75(2), 79. (1) A gaming machine entitlement authorises the venue operator that holds the entitlement, subject to this Act, the standard entitlement-related conditions, standard monitoring-related conditions and standard pre-commitment conditions that apply to the venue operator, any entitlement-related agreement and any conditions to which the entitlement is subject— S. 3.4A.2(1)(a) amended by No. 64/2010 s. 42(1). (a) to acquire approved gaming equipment; and (b) to conduct gaming on one approved gaming machine in an approved venue operated by the venue operator; and (c) to do all things necessarily incidental to carrying on the activities authorised by the section. (2) A gaming machine entitlement does not authorise the entitlement holder to engage in any business by way of— S. 3.4A.2(2)(a) amended by No. 64/2010 s. 42(2)(a). (a) manufacture of gaming equipment or monitoring equipment; or S. 3.4A.2(2)(b) amended by No. 64/2010 s. 42(2)(a). (b) supply of approved gaming equipment or monitoring equipment to any person; or S. 3.4A.2(2)(c) amended by No. 64/2010 s. 42(2)(b). (c) service, repair or maintenance of gaming equipment, monitoring equipment, games or jackpots. S. 3.4A.2(3) inserted by No. 56/2010 s. 21(2). (3) A club gaming machine entitlement only authorises the conduct of gaming by a venue operator who holds a club venue operator's licence. Division 2—Gaming machine entitlement allocation and transfer rules S. 3.4A.3 inserted by No. 29/2009 s. 25. 3.4A.3 Gaming machine entitlement allocation and transfer rules (1) The Minister may make rules for or with respect to— (a) the process for the allocation of gaming machine entitlements under section 3.4A.5; (b) the transfer (including the method of transfer) of gaming machine entitlements— S. 3.4A.3(1) (b)(i) amended by No. 58/2009 s. 142(5). (i) between venue operators; (ii) between the Minister and a venue operator. S. 3.4A.3(1A) inserted by No. 62/2017 s. 5. (1A) Gaming machine entitlement allocation and transfer rules may specify, or include a process for calculating, an amount or amounts that must be paid by a person to whom a gaming machine entitlement is allocated. Section 3.4A.5(9A) provides that the Minister must make certain determinations in accordance with these specifications or processes. S. 3.4A.3(1B) inserted by No. 62/2017 s. 5. (1B) The specification of, or process for calculating, an amount referred to in subsection (1A) for a gaming machine entitlement that takes effect on or after 16 August 2022 may provide— (a) for an amount in respect of the period that begins when the entitlement takes effect and ends on 15 August 2032; and (b) that the Minister may determine, at a later date, the amount in respect of the subsequent period. (2) Gaming machine entitlement allocation and transfer rules may— (c) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or the Commission. (4) The rules take effect on the day that they are published in the Government Gazette or on such later date as is specified in the rules. S. 3.4A.4 inserted by No. 29/2009 s. 25. 3.4A.4 Directions to the Commission in relation to allocation and transfers of gaming machine entitlements (1) The Minister, by written notice, may direct the Commission about any matter or thing left to be determined, applied, dispensed with or regulated by the Commission under the gaming machine entitlement allocation and transfer rules. (2) A direction under subsection (1) must not be inconsistent with the gaming machine entitlement allocation and transfer rules. (3) The Commission must comply with a direction under subsection (1). Ch. 3 Pt 4A Div. 2A (Heading and ss 3.4A.4A–3.4A.4D) inserted by No. 62/2017 s. 68. Division 2A—Standard entitlement-related conditions and standard monitoring-related conditions S. 3.4A.4A inserted by No. 62/2017 s. 68. 3.4A.4A Minister may determine standard entitlement-related conditions (1) The Minister may from time to time by instrument determine standard conditions (***standard entitlement-related conditions***) that— (a) deal with matters related to gaming machine entitlements; and (b) are to apply to a venue operator who holds a gaming machine entitlement. (2) The Minister may determine different standard entitlement-related conditions for different venue operators or classes of venue operators. (3) The Minister must consult venue operators before the Minister determines standard entitlement-related conditions that will apply to the operators. S. 3.4A.4B inserted by No. 62/2017 s. 68. 3.4A.4B Minister may determine standard monitoring-related conditions (1) The Minister may from time to time by instrument determine standard conditions (***standard monitoring-related conditions***) that— (a) deal with matters related to the provision of monitoring services to a venue operator by the monitoring licensee; and S. 3.4A.4B (1)(b) amended by No. 23/2025 s. 17(2). (b) deal with matters related to the provision of responsible gambling and regulatory compliance services to a venue operator by the monitoring licensee; and (c) are to apply to a venue operator and the monitoring licensee. (2) The Minister may determine different standard monitoring-related conditions for different venue operators or classes of venue operators. (3) The Minister must consult venue operators and the monitoring licensee before the Minister determines standard monitoring-related conditions that will apply to the operators and the licensee. S. 3.4A.4C inserted by No. 62/2017 s. 68. 3.4A.4C Publication and effect of standard conditions (1) A determination under section 3.4A.4A or 3.4A.4B— (a) must be published in the Government Gazette; and (b) takes effect at the time it is published or at the later time specified in it. (2) Each venue operator to whom a determination under section 3.4A.4A applies must comply with the standard entitlement-related conditions contained in the determination. (3) The monitoring licensee and each venue operator to whom a determination under section 3.4A.4B applies must comply with the standard monitoring-related conditions contained in the determination. S. 3.4A.4D inserted by No. 62/2017 s. 68. 3.4A.4D No compensation for determination of standard conditions No compensation is payable by the State because of the making of a determination under section 3.4A.4A or 3.4A.4B. Division 3—Creation and allocation of gaming machine entitlements S. 3.4A.5 inserted by No. 29/2009 s. 25. 3.4A.5 Minister may create and allocate gaming machine entitlements (1) Subject to this section, the Minister may from time to time— (a) create gaming machine entitlements; S. 3.4A.5(1)(b) amended by Nos 58/2009 s. 44(1), 62/2017 s. 6(1). (b) allocate gaming machine entitlements to venue operators, including gaming machine entitlements forfeited to the State under Division 6, 7, 8 or 8A or purchased under Division 5A; S. 3.4A.5(1)(c) inserted by No. 62/2017 s. 6(2). (c) allocate to venue operators gaming machine entitlements surrendered under Division 5AA; S. 3.4A.5(1)(d) inserted by No. 62/2017 s. 6(2). (d) subject to subsection (1A), allocate to venue operators gaming machine entitlements that— (i) have been designated for surrender under Division 5AA; but (ii) have not yet been surrendered under that Division. S. 3.4A.5(1A) inserted by No. 62/2017 s. 6(3). (1A) The allocation of a gaming machine entitlement referred to in subsection (1)(d) takes effect immediately after the entitlement is surrendered under that Division. (2) The Minister— S. 3.4A.5(2)(a) amended by No. 56/2010 s. 22. (a) must not create more gaming machine entitlements than the Minister has specified in an Order under subsection (3); and (b) must not allocate a club gaming machine entitlement to a venue operator who does not hold a club venue operator's licence. S. 3.4A.5(3) amended by No. 58/2009 s. 44(2), substituted by No. 73/2014 s. 9(1). (3) The Minister, by Order published in the Government Gazette, must from time to time specify the maximum number of gaming machine entitlements under which gaming may be conducted in the State. S. 3.4A.5(3A) inserted by No. 58/2009 s. 44(3), amended by No. 73/2014 s. 9(2). (3A) The Minister may, by Order published in the Government Gazette, in respect of a region or municipal district from time to time— (a) determine the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the region or municipal district; or (b) require the Commission, based on criteria specified in the Order, to determine the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the region or municipal district. S. 3.4A.5(3B) inserted by No. 58/2009 s. 44(3). (3B) An Order under subsection (3A) in relation to a municipal limit may exclude part of the municipal district from the Order. S. 3.4A.5(3C) inserted by No. 58/2009 s. 44(3). (3C) If any part of a municipal district is subject to a regional limit, an Order under subsection (3A) in relation to a municipal limit applies only to the part (if any) of the municipal district that is not subject to the regional limit. S. 3.4A.5(3D) inserted by No. 58/2009 s. 44(3). (3D) An Order under subsection (3) or (3A) must specify the date on which it takes effect. S. 3.4A.5(4) amended by No. 62/2017 s. 6(4). (4) Subject to subsections (5) to (8), the Minister may impose on a gaming machine entitlement— (a) a condition that specifies the region or municipal district in which gaming may be conducted under that entitlement (a ***geographic area condition***); and (b) a condition that specifies the type of approved venue in which gaming may be conducted under that entitlement (a ***venue condition***). S. 3.4A.5(5) amended by No. 62/2017 s. 101(3). (5) The imposition of geographic area conditions under subsection (4)(a) must result in at least 20% of all gaming machine entitlements created authorising the conduct of gaming in a region or municipal district outside metropolitan Melbourne. S. 3.4A.5(6), amended by No. 58/2009 s. 44(4), substituted by No. 62/2017 s. 10. (6) The imposition of venue conditions under subsection (4)(b) must not result in a contravention of section 3.4A.5AA(1) or (2). Section 3.4A.5AA(1) and (2) specify that certain percentages of gaming machine entitlements must relate to specified types of approved venues. S. 3.4A.5(7) amended by No. 58/2009 s. 44(5). (7) In addition, a geographic area condition to which a gaming machine entitlement is subject must not be inconsistent with an Order under subsection (3A). (8) In addition, a venue condition to which a gaming machine entitlement is subject must not be inconsistent with a direction under section 3.2.3. S. 3.4A.5(8A) inserted by No. 62/2017 s. 6(5). (8A) Subject to subsection (8B), the Minister may impose or vary a geographic area condition or venue condition on a gaming machine entitlement at any time while it is unallocated. S. 3.4A.5(8B) inserted by No. 62/2017 s. 6(5). (8B) The Minister may only vary a venue condition on a gaming machine entitlement that is forfeited or surrendered if the Minister has first offered the entitlement to venue operators in accordance with the gaming machine entitlement allocation and transfer rules for at least 6 months. S. 3.4A.5(8C) inserted by No. 62/2017 s. 6(5). (8C) The Minister must not allocate a gaming machine entitlement that does not include a geographic area condition and a venue condition. S. 3.4A.5(9) amended by No. 62/2017 s. 6(6). (9) Subject to subsection (9A), the Minister may determine— (a) the process for allocating gaming machine entitlements; (b) whether an amount or amounts must be paid by a person to whom a gaming machine entitlement is allocated; S. 3.4A.5 (9)(ba) inserted by No. 62/2017 s. 6(7). (ba) for a gaming machine entitlement that takes effect on or after 16 August 2022— S. 3.4A.5 (9)(ba)(i) amended by No. 1/2021 s. 15. (i) whether an amount determined under paragraph (b) is an amount in respect of the period that begins when the entitlement takes effect and ends on 15 August 2032; (ii) that the Minister may determine, at a later date, the amount in respect of the subsequent period; (c) the terms and conditions for any payment for a gaming machine entitlement; (d) the requirements to be complied with by a person wishing to participate in the process for allocating gaming machine entitlements including any eligibility criteria; (e) the day on which a gaming machine entitlement takes effect. S. 3.4A.5(9A) inserted by No. 62/2017 s. 6(8). (9A) The Minister must not make a determination under subsection (9)(b) or (ba) that is inconsistent with the provisions of the gaming machine entitlement allocation and transfer rules referred to in section 3.4A.3(1A). (10) The process and the requirements determined under subsection (9)(a) and (d) may be a process or requirements specified under the gaming machine entitlement allocation and transfer rules. (11) The matters or things determined under subsection (9)(a), (d) and (e) must be published in the Government Gazette. S. 3.4A.5AA inserted by No. 62/2017 s. 11. 3.4A.5AA Proportions of gaming machine entitlements for venues of different types (1) The following provisions apply to gaming machine entitlements that expire on 15 August 2022— (a) 50% of those entitlements must be club gaming machine entitlements; and (b) 50% of those entitlements must be hotel gaming machine entitlements. (2) The following provisions apply to gaming machine entitlements that take effect on or after 16 August 2022— (a) if a declaration under subsection (3) is in force— (i) the percentage of those entitlements that are club gaming machine entitlements must be in accordance with that declaration; and (ii) the percentage of those entitlements that are hotel gaming machine entitlements must be in accordance with that declaration; or (b) otherwise— (i) 50% of those entitlements must be club gaming machine entitlements; and (ii) 50% of those entitlements must be hotel gaming machine entitlements. (3) The Minister may make a declaration that specifies the permissible percentages of club gaming machine entitlements and hotel gaming machine entitlements for the purposes of subsection (2)(a). (4) The Minister must publish a declaration under subsection (3) in the Government Gazette. S. 3.4A.5A inserted by No. 58/2009 s. 45. 3.4A.5A Review of regional and municipal limits for gaming machine entitlements (1) Subject to this section, the Commission must review the Commission's determination under section 3.4A.5(3A)— (a) at any time determined by the Commission; or (b) if directed by the Minister to do so. (2) A review of the Commission's determination under subsection (1)(a) must be no later than 5 years after the publication of the determination and thereafter at intervals not exceeding 5 years. (3) If, after a review of the Commission's determination, a regional limit or municipal limit is, in the opinion of the Commission, no longer appropriate, the Commission must determine, by instrument published in the Government Gazette, within 30 days after completing the review, a new regional limit or municipal limit (as the case requires)— (a) in accordance with any criteria specified in an Order under section 3.4A.5(3A) (if relevant); and (b) subject to compliance with any other requirement under section 3.4A.5. S. 3.4A.5B inserted by No. 74/2010 s. 25(4). 3.4A.5B Gaming machine entitlement not personal property For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a gaming machine entitlement is declared not to be personal property. S. 3.4A.6 (Heading) substituted by No. 58/2009 s. 46, amended by No. 62/2017 s. 80. S. 3.4A.6 inserted by No. 29/2009 s. 25. 3.4A.6 Minister may refuse to allocate gaming machine entitlement if entitlement-related agreements not entered into (1) Despite section 3.4A.5, the Minister may refuse to allocate a gaming machine entitlement to a venue operator unless the operator enters into an agreement with the Minister, or a person nominated by the Minister, that deals with matters related to the gaming machine entitlement. (2) The Minister must give a copy of any agreement referred to in subsection (1) to the Commission. S. 3.4A.6A (Heading) amended by No. 62/2017 s. 81(1). S. 3.4A.6A inserted by No. 58/2009 s. 47. 3.4A.6A Directions in relation to entitlement-related agreements S. 3.4A.6A(1) amended by No. 62/2017 s. 81(2). (1) Subject to this section, the Minister, by written notice, may direct a venue operator that holds a gaming machine entitlement to enter into an agreement with the Minister, or a person nominated by the Minister, that deals with matters related to the gaming machine entitlement. (2) Before giving a direction under subsection (1), the Minister must consult with the venue operator. (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (4) A venue operator to which this section applies must comply with a direction under subsection (1). (5) The venue operator must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 3.4A.6B (Heading) amended by No. 62/2017 s. 82. S. 3.4A.6B inserted by No. 56/2010 s. 23. 3.4A.6B No compensation payable because of direction to enter entitlement-related agreements under section 3.4A.6A No compensation is payable by the State because of a direction under section 3.4A.6A or the entering into an agreement in compliance with a direction under section 3.4A.6A. S. 3.4A.7 inserted by No. 29/2009 s. 25. 3.4A.7 Duration of gaming machine entitlements S. 3.4A.7(1) substituted by No. 62/2017 s. 26. (1) A gaming machine entitlement takes effect on the day determined by the Minister under section 3.4A.5(9)(e). S. 3.4A.7(1A) inserted by No. 62/2017 s. 26. (1A) Subject to subsection (2), a gaming machine entitlement remains in force for a period that ends— (a) if the entitlement took effect on or after 16 August 2012 and before 16 August 2022, at midnight on 15 August 2022; or (b) if the entitlement took effect on or after 16 August 2022, at midnight on 15 August 2042. S. 3.4A.7(1B) inserted by No. 62/2017 s. 26. (1B) A gaming machine entitlement remains in force in accordance with subsection (1A) whether or not it is surrendered under Division 5AA or forfeited to the State under Division 6, 7, 8 or 8A and allocated to another venue operator during the period referred to in that subsection. (2) A gaming machine entitlement may be terminated earlier under this Act, or extended under this section for the period determined by the Minister under this section. S. 3.4A.7(3) amended by No. 58/2009 s. 48. (3) If invited by the Minister to do so, a venue operator may apply to the Minister, before the gaming machine entitlement expires, for an extension of the entitlement. (4) On application under subsection (3), the Minister may, after consulting the Commission, extend the gaming machine entitlement for a period not exceeding 2 years from the day it would otherwise expire. (5) The Minister may require the venue operator to pay an amount determined by the Minister for the extension of the gaming machine entitlement. (6) A gaming machine entitlement may be extended only once. S. 3.4A.8 inserted by No. 29/2009 s. 25. 3.4A.8 Gaming machine entitlements to be noted on Register (1) The Minister must give the Commission the following information in respect of a gaming machine entitlement— (a) the day on which the gaming machine entitlement was allocated; (b) the name and address of the venue operator to which the gaming machine entitlement was allocated; (c) the geographic area conditions and venue conditions to which the gaming machine entitlement is subject; (d) the day on which the gaming machine entitlement takes effect. (2) On receiving information under subsection (1), the Commission must record that information in the entry in the Register relating to the venue operator to which the gaming machine entitlement was allocated. S. 3.4A.9 inserted by No. 29/2009 s. 25. 3.4A.9 Gaming machine entitlements may authorise preparatory action (1) This section applies to a gaming machine entitlement if the entitlement takes effect on a day that is later than the day of issue of the entitlement. S. 3.4A.9(2) amended by No. 60/2011 s. 24(1). (2) Subject to subsection (2A), the gaming machine entitlement may authorise the venue operator that holds the entitlement to take preparatory action from a time specified in the entitlement (which may be the time of issue) even though the entitlement has not taken effect. S. 3.4A.9(2A) inserted by No. 60/2011 s. 24(2). (2A) However, a venue operator cannot take the preparatory action of selling approved gaming machines or gaming equipment acquired for the purpose of use in an approved venue operated by the operator unless the operator has approval of the Commission to do so. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. S. 3.4A.9(4) amended by No. 62/2017 s. 27(1). (4) Despite section 3.4A.7(1), the gaming machine entitlement is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). S. 3.4A.9(5) repealed by No. 62/2017 s. 27(2). S. 3.4A.9(6) def. of *preparatory action* amended by Nos 56/2010 s. 24, 64/2010 s. 43, 60/2011 s. 24(3), 6/2024 s. 36. ***preparatory action*** means— (a) acquiring approved gaming equipment; (ab) installing, or causing to be installed, approved gaming equipment in a gaming machine area; (ac) selling or disposing of approved gaming machines or gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator; (b) doing all things necessarily incidental to carrying on an activity authorised by paragraph (a), (ab) or (ac). S. 3.4A.10 inserted by No. 29/2009 s. 25. 3.4A.10 States rights in relation to allocated gaming machine entitlements A venue operator holds a gaming machine entitlement subject to— (a) the exercise of any power or the performance of any function by or on behalf of the State in relation to that entitlement under this Act; and S. 3.4A.10(ab) inserted by No. 62/2017 s. 75(3). (ab) the standard entitlement-related conditions that apply to the venue operator; and S. 3.4A.10(b) amended by No. 56/2010 s. 25(1), substituted by No. 62/2017 s. 83. (b) any entitlement-related agreement. S. 3.4A.10(c) inserted by No. 56/2010 s. 25(2), repealed by No. 62/2017 s. 83. S. 3.4A.11 inserted by No. 29/2009 s. 25. 3.4A.11 No entitlement to or legitimate expectation of approval of venue (a) the Minister allocates a gaming machine entitlement to a venue operator; and (b) that gaming machine entitlement is subject to a geographic area condition or venue condition. (2) To avoid doubt, a venue operator does not, by reason only that the operator is the holder of a gaming machine entitlement, have any entitlement to, or legitimate expectation of— (a) premises being approved under Part 3 to enable the venue operator to conduct gaming under that entitlement in those premises; or (b) any other approval under this Act to enable the venue operator to conduct gaming under that entitlement in those premises. S. 3.4A.11A inserted by No. 58/2009 s. 49. 3.4A.11A Related agreements between venue operators and monitoring licensee S. 3.4A.11A(1) substituted by No. 4/2014 s. 24, amended by No. 23/2025 s. 17(2). (1) Subject to this section, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement to enter into an agreement with the monitoring licensee dealing with matters relating to the provision of monitoring services or responsible gambling and regulatory compliance services to the venue operator by the monitoring licensee. See Division 4 of Part 8A in relation to agreements concerning matters relating to a pre-commitment system. (2) Before giving a direction under subsection (1), the Minister must consult with the venue operator and the monitoring licensee. (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (4) A venue operator to which this section applies must comply with a direction under subsection (1). (5) The venue operator must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 3.4A.11B (Heading) amended by No. 56/2010 s. 26. S. 3.4A.11B inserted by No. 58/2009 s. 49. 3.4A.11B No compensation payable because of a direction to enter into related agreements under section 3.4A.11A No compensation is payable by the State because of a direction under section 3.4A.11A or the entering into an agreement in compliance with a direction under section 3.4A.11A. S. 3.4A.11C inserted by No. 56/2010 s. 27. 3.4A.11C Payments for gaming machine entitlements must be made to Commission (1) A person to whom a gaming machine entitlement is allocated under section 3.4A.5 must pay the amount or amounts determined by the Minister under that section in respect of the entitlement to the Commission, to be paid into the Consolidated Fund. S. 3.4A.11C(2) amended by No. 62/2017 s. 75(4). (2) An amount under subsection (1) must be paid in accordance with the standard entitlement-related conditions that apply to the person and the terms of an agreement referred to in section 3.4A.6 or 3.4A.6A. Ch. 3 Pt 4A Div. 3A (Heading and ss 3.4A.11D–3.4A.11S) inserted by No. 62/2017 s. 36. Division 3A—Assignment of gaming machine entitlements S. 3.4A.11D inserted by No. 62/2017 s. 36. 3.4A.11D What is an *assignment agreement*? An ***assignment agreement*** is an agreement between a venue operator (the ***assignor***) and another venue operator (the ***assignee***) that— (a) provides for one or more gaming machine entitlements held by the assignor to be assigned to the assignee— (i) under section 3.4A.11I; and (ii) for a period specified in the agreement; and (b) specifies the approved venues in which the assignee will conduct gaming under each assigned gaming machine entitlement; and (c) provides for the assignee to pay an amount or amounts to the assignor. S. 3.4A.11E inserted by No. 62/2017 s. 36. 3.4A.11E Gaming machine entitlement may be assigned only by registered assignment agreement (1) An assignment agreement is of no effect unless it is registered by the Commission under section 3.4A.11H. (2) Any other agreement or deed that purports to assign a gaming machine entitlement, or a right or obligation under a gaming machine entitlement, is of no effect. S. 3.4A.11F inserted by No. 62/2017 s. 36. 3.4A.11F Gaming machine entitlement assignment rules (1) The Minister may make rules for or with respect to— (a) the assignment of gaming machine entitlements; and (b) the process for the registration of assignment agreements by the Commission under section 3.4A.11H. (2) Gaming machine entitlement assignment rules may— (c) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or the Commission. (4) The rules take effect on the day that they are published in the Government Gazette or on such later date as is specified in the rules. S. 3.4A.11G inserted by No. 62/2017 s. 36. 3.4A.11G Venue operator may apply to Commission for registration of assignment agreement (1) A venue operator who is a party to an assignment agreement may, in accordance with the gaming machine entitlement assignment rules, apply to the Commission for registration of the agreement. (2) An application must be— (b) accompanied by the prescribed fee. S. 3.4A.11H inserted by No. 62/2017 s. 36. 3.4A.11H Commission may register assignment agreement (1) On receiving an application under section 3.4A.11G, the Commission may, in accordance with the gaming machine entitlement assignment rules, register the assignment agreement. (2) The Commission must not register the assignment agreement if— (a) either party to the agreement does not hold a club venue operator's licence; or (b) the Commission considers that the conduct of gaming, by the assignee, in the assignee's approved venue, and under a gaming machine entitlement specified in the agreement, would result in the contravention of— (i) the assignee's venue operator's licence; or (ii) the assignee's approval of premises as suitable for gaming; or (iii) a provision of this Act; or (iv) a condition imposed by the Minister on the entitlement under section 3.4A.5(4); or (v) an entitlement-related agreement; or (vi) an agreement referred to in section 3.4A.11A, 3.8A.15 or 3.8A.16; or (vii) a regional limit or municipal limit; or (c) the agreement provides for the assignment of a gaming machine entitlement for a period that exceeds the duration of the gaming machine entitlement; or (d) the agreement does not comply with the gaming machine entitlement assignment rules. (3) In considering the matters referred to in subsection (2)(b)(iv) and (vii) in relation to a particular gaming machine entitlement, the Commission must have regard to any proposed amendment to the geographic area condition imposed on the entitlement. S. 3.4A.11I inserted by No. 62/2017 s. 36. 3.4A.11I Effect of registration of assignment agreement (1) This section applies if an assignment agreement is registered under section 3.4A.11H. (2) On the applicable day under subsection (3), each gaming machine entitlement specified in the agreement is assigned, in accordance with this section, to the assignee— (a) for the period specified in the agreement; and (b) subject to— (i) this Division; and (ii) the gaming machine entitlement assignment rules; and (iii) the agreement. (3) The applicable day is— (a) if the agreement specifies a day on which the gaming machine entitlements are to be assigned, and that day is after the day on which the agreement is registered, the specified day; or (b) otherwise, the day on which the agreement is registered. (4) For the duration of the assignment of a gaming machine entitlement— (a) except as set out in subsections (5) and (6), the assignee (and not the assignor) is taken to be the holder of the entitlement; and (b) without limiting paragraph (a), the entitlement authorises the assignee (and not the assignor) to conduct gaming under the entitlement. (5) Despite subsection (4)(a), the assignor (and not the assignee) is taken to be the holder of an assigned gaming machine entitlement for the purposes of— (a) section 3.4.13(2)(g); and (b) section 3.4.28AB(2); and (c) the liability for, or payment of, an amount or amounts in relation to the entitlement as determined under section 3.4A.5(9) in accordance with an entitlement-related agreement; and (d) Division 5; and (e) Division 5AA; and (f) Division 5A; and (g) section 3.4A.26A; and (h) Division 8A. (6) Despite subsection (4)(a), each of the assignor and the assignee is taken to be the holder of an assigned gaming machine entitlement for the purposes of— (a) the definition of ***entitlement holder*** in section 1.3(1); and (b) section 3.2A.7; and (c) Division 4; and (d) sections 3.4.28C and 3.4.28D; and (e) section 3.4A.14A; and (f) the definition of ***gaming machine services provider*** in section 9A.1.1; and (g) any conditions of a venue operator's licence that are expressed to apply in relation to a gaming machine entitlement held by a venue operator. (7) For the duration of the assignment of a gaming machine entitlement, the assignor is not taken to be permitting or allowing the conduct of gaming under the entitlement. S. 3.4A.11J inserted by No. 62/2017 s. 36. 3.4A.11J No entitlement to or legitimate expectation of approval of venue To avoid doubt, a venue operator does not, by reason only that the operator is the assignee for a gaming machine entitlement, have any entitlement to, or legitimate expectation of— (a) premises being approved under Part 3 to enable the venue operator to conduct gaming under that entitlement in those premises; or (b) any other approval under this Act to enable the venue operator to conduct gaming under that entitlement in those premises. S. 3.4A.11K inserted by No. 62/2017 s. 36. 3.4A.11K Restrictions on assignor for duration of assignment (1) For the duration of the assignment of a gaming machine entitlement, the assignor is subject to the provisions of this section despite anything to the contrary in this Act (other than section 3.4A.11R). (2) The assignor must not exercise any control, whether directly or indirectly, in relation to the conduct of gaming by the assignee. (3) The approval, under Part 3, for the assignor's venue that is associated with the gaming machine entitlement is suspended. (4) For the purposes of subsection (3), an approved venue (or a venue whose approval under Part 3 is suspended) is ***associated*** with a gaming machine entitlement if— (a) the Commission has been notified under section 3.4.13A that gaming will be conducted by the assignor at that venue under that entitlement; and (b) that notification has not been superseded by a subsequent notification under section 3.4.13A (other than a notification relating to the conduct of gaming under that entitlement by the assignee). S. 3.4A.11L inserted by No. 62/2017 s. 36. 3.4A.11L Gaming under registered assignment agreement must be commenced within 6 months An assignee must commence the conduct of gaming by means of an approved gaming machine under an assigned gaming machine entitlement within 6 months of the day on which the entitlement is assigned under section 3.4A.11I. S. 3.4A.11M inserted by No. 62/2017 s. 36. 3.4A.11M Assignment ended if gaming not commenced within 6 months If an assignee does not comply with section 3.4A.11L in relation to a gaming machine entitlement, the assignment of the entitlement is terminated at the end of the 6‑month period referred to in that section. S. 3.4A.11N inserted by No. 62/2017 s. 36. 3.4A.11N Variation of registered assignment agreement If the parties to a registered assignment agreement vary the agreement, the assignor must, within 7 days, give the Commission a notice in writing setting out the variation. S. 3.4A.11O inserted by No. 62/2017 s. 36. 3.4A.11O Commission may deregister registered assignment agreement (1) This section applies if the Commission has received a notice under section 3.4A.11N or 3.4A.17AA concerning the variation of a registered assignment agreement (including by the substitution of parties). (2) The Commission may serve notice under subsection (3) on the assignor and the assignee if the Commission considers that the agreement as varied does not comply with the requirements for registration set out in section 3.4A.11H(2). (3) A notice under this subsection must give the assignor and the assignee an opportunity to show cause within 28 days why the agreement should not be deregistered. (4) Each of the assignor and the assignee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why the agreement should not be deregistered. (5) The Commission must consider the submissions made in accordance with an arrangement referred to in subsection (4). (6) If the Commission then considers that the agreement as varied does not comply with the requirements for registration set out in section 3.4A.11H(2), the Commission may give the assignor and the assignee a notice in writing specifying the day on which the agreement is to be deregistered. (7) On the day specified in the notice under subsection (6), the agreement is deregistered and terminated. S. 3.4A.11P inserted by No. 62/2017 s. 36. 3.4A.11P Termination of registered assignment agreement if licence expires or is cancelled or suspended A registered assignment agreement is terminated if the venue operator's licence held by the assignor or the assignee expires or is cancelled or suspended. S. 3.4A.11Q inserted by No. 62/2017 s. 36. 3.4A.11Q Termination of assignment if venue approval revoked or venue removed from licence (1) The assignment of a gaming machine entitlement is terminated if— (a) the assignee's approval, under Part 3, for the venue associated with the entitlement is revoked; or (b) the premises that were the venue associated with the entitlement are removed from the assignee's venue operator's licence. (2) For the purposes of subsection (1), an approved venue (or a venue whose approval under Part 3 is suspended) is ***associated*** with a gaming machine entitlement if— (a) the Commission has been notified under section 3.4.13A that gaming will be conducted by the assignee at that venue under that entitlement; and (b) that notification has not been superseded by a subsequent notification under section 3.4.13A. S. 3.4A.11R inserted by No. 62/2017 s. 36. 3.4A.11R Preparatory action authorised in relation to termination of assignment (1) On and after the day that is 20 business days before the day on which, as specified in a registered assignment agreement, the assignment of a gaming machine entitlement is to end, the assignor is authorised to take preparatory action even though the entitlement is still assigned. (2) For the purpose of any preparatory action taken in accordance with subsection (1)— (a) the gaming machine entitlement is taken not to be assigned; and (b) if a temporary amendment was made to the geographic area condition imposed on the entitlement, and the end of the assignment is to cause that amendment to expire, that amendment is taken not to have been made; and (c) the approved venue that is suspended under section 3.4A.11K(3) is taken not to be suspended. ***preparatory action*** has the same meaning as it has in section 3.4A.9. S. 3.4A.11S inserted by No. 62/2017 s. 36. 3.4A.11S No compensation payable No compensation is payable by the State to any person because of— (a) the operation of any provision of a registered assignment agreement; or (b) the operation of this Act in relation to a registered assignment agreement; or (c) the termination of the assignment of a gaming machine entitlement. Division 4—Amendment of gaming machine entitlement conditions S. 3.4A.11T inserted by No. 62/2017 s. 37. 3.4A.11T Temporary amendment rules (1) The Minister may make rules for or with respect to the temporary amendment of a geographic area condition on a gaming machine entitlement. (2) The rules may provide for the circumstances and manner in which the Commission may make, vary or revoke a temporary amendment to a geographic area condition on a gaming machine entitlement. (3) The rules may— (c) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or the Commission. (4) The rules must be published in the Government Gazette. (5) The rules take effect on the day that they are published in the Government Gazette or on such later date as is specified in the rules. S. 3.4A.12 inserted by No. 29/2009 s. 25. 3.4A.12 Request for amendment of geographic area condition or venue condition S. 3.4A.12(1) amended by No. 62/2017 s. 38(1). (1) Subject to subsection (1B), a venue operator that holds a gaming machine entitlement may request the Commission to amend a geographic area condition or venue condition to which that gaming machine entitlement is subject. S. 3.4A.12(1A) inserted by No. 62/2017 s. 38(2). (1A) A request under subsection (1) may be for the variation or revocation of a temporary amendment made to a geographic area condition. S. 3.4A.12(1B) inserted by No. 62/2017 s. 38(2). (1B) A venue operator to whom a gaming machine entitlement is assigned must not request the Commission to make an amendment to a condition to which that entitlement is subject other than— (a) a temporary amendment of a geographic area condition on the entitlement; or (b) the variation or revocation of a temporary amendment referred to in paragraph (a). (2) A request under this section must be— (b) accompanied by the prescribed fee and any information the Commission requires. (3) The Commission may require the venue operator to provide any further information or any documents to the Commission in connection with the request. (4) If this section or a requirement made by the Commission under this section is not complied with, the Commission may refuse to consider the request. S. 3.4A.13 inserted by No. 29/2009 s. 25. 3.4A.13 Commission decision on the request (1) On receiving a request under section 3.4A.12, the Commission must— (a) decide whether to make the requested amendment to the geographic area condition or venue condition, either with or without changes from that originally requested; and (b) notify the venue operator of its decision. (2) Subject to this section, in deciding whether or not to make the requested amendment, the Commission may take into account any other matter the Commission considers relevant. (3) The effect of a decision of the Commission to amend a geographic area condition must not be inconsistent with the effect of section 3.4A.5(5). S. 3.4A.13(4) substituted by No. 62/2017 s. 12. (4) The effect of a decision of the Commission to amend a venue condition must not be to contravene 3.4A.5AA(1) or (2). (5) In addition, a decision of the Commission that amends a geographic area condition or venue condition, must not be inconsistent with— (a) in the case of a decision that amends a geographic area condition, a direction under section 3.2.3 or an order under section 3.2.4; (b) in the case of a decision that amends a venue condition, a direction under section 3.2.3. S. 3.4A.13(5A) inserted by No. 62/2017 s. 39. (5A) The Commission may, in accordance with section 3.4A.13A and the rules under section 3.4A.11T— (a) make an amendment to a geographic area condition as a temporary amendment; or (b) vary or revoke a temporary amendment referred to in paragraph (a). S. 3.4A.13(5B) inserted by No. 62/2017 s. 39. (5B) On and after the expiry or revocation of a temporary amendment referred to in subsection (5A), the entitlement is taken to have the geographic area condition that it had immediately before the amendment was made. Section 3.4A.13B provides for a grace period in relation to the expiry of the temporary amendment in certain circumstances. (6) An amendment to a geographic area condition or venue condition takes effect when notice of the Commission's decision is given to the entitlement holder or at any later time that may be specified in the notice. S. 3.4A.13A inserted by No. 62/2017 s. 40. 3.4A.13A Temporary amendments to geographic area conditions (1) This section applies to the Commission in making or varying a temporary amendment to a geographic area condition on a gaming machine entitlement under section 3.4A.13(5A). (2) The temporary amendment— (a) must be expressed so that it expires at the end of specified period; and (b) may also be expressed so that if a specified event occurs before the end of that period, the amendment expires on, or within a specified period after, that specified event instead. (3) Without limiting subsection (2)(b), a specified event referred to in that provision may relate to— (a) the expiry of a temporary amendment to the geographic area condition on any other gaming machine entitlement; or (b) the revocation of a temporary amendment to the geographic area condition on any other gaming machine entitlement; or (c) the termination of the assignment of any other gaming machine entitlement under Division 3A, whether— (i) at the end of the full period specified in the registered assignment agreement for that entitlement; or (ii) at an earlier time by the occurrence of any other event. S. 3.4A.13B inserted by No. 62/2017 s. 40. 3.4A.13B Grace period for early expiry of temporary amendment (a) a temporary amendment to the geographic area condition on a gaming machine entitlement expires; and (b) that expiry is caused by the occurrence of a specified event (the ***event***) referred to in section 3.4A.13A(3)(b) or (c)(ii). (2) As soon as practicable after the occurrence of the event, the Commission must give written notice of the event to the venue operator who is conducting gaming under the gaming machine entitlement. (3) Despite section 3.4A.13(5B), the expiry of the temporary amendment is taken not to apply in relation to the gaming machine entitlement until 24 hours after the operator has received the notice under subsection (2). (4) Without limiting subsection (3), during the 24 hour period referred to in that subsection, the expiry of the temporary amendment does not prevent the venue operator from conducting gaming under the gaming machine entitlement in accordance with the geographic area condition as in force before that expiry. (5) During the 24 hour period referred to in subsection (3), it does not matter that the operation of that subsection causes a contravention of a regional limit or a municipal limit. S. 3.4A.14 inserted by No. 29/2009 s. 25. 3.4A.14 Commission must record amendment in Register (1) The Commission must by the date an amendment to a geographic area condition or venue condition takes effect make the necessary amendment to the entry in the Register in respect of that geographic area condition or venue condition. S. 3.4A.14A inserted by No. 62/2017 s. 41. 3.4A.14A No entitlement to or legitimate expectation of certain matters in relation to temporary amendment To avoid doubt, a venue operator does not, by reason only of the making of a temporary amendment to the geographic area condition on a gaming machine entitlement held by the operator, have any entitlement to, or legitimate expectation of— (a) the amendment subsequently being— (i) made as an amendment that is not temporary; or (ii) varied so that it does not expire; or (b) premises being approved under Part 3 to enable the venue operator to conduct gaming under that entitlement; or (c) any other approval under this Act to enable the venue operator to conduct gaming under that entitlement. S. 3.4A.14B inserted by No. 62/2017 s. 41. 3.4A.14B No compensation payable because of expiry or revocation of temporary amendment No compensation is payable by the State because of the expiry or revocation of a temporary amendment to a geographic area condition on a gaming machine entitlement. Division 5—Transfer of gaming machine entitlements S. 3.4A.15 inserted by No. 29/2009 s. 25. 3.4A.15 Fee payable for gaming machine entitlement transfers (1) A specified payer must pay the prescribed fee in respect of the transfer of a gaming machine entitlement to a specified payee. ***specified payee*** means the person specified by the Minister under the gaming machine entitlement allocation and transfer rules as the specified payee for the purposes of subsection (1); ***specified payer*** means the venue operator— (a) that is a party to the transfer of a gaming machine entitlement; and (b) that is specified by the Minister under the gaming machine entitlement allocation and transfer rules as the specified payer for the purposes of subsection (1). S. 3.4A.16 inserted by No. 29/2009 s. 25. 3.4A.16 Gaming machine entitlements cannot be transferred to persons other than venue operators (1) A venue operator must not transfer a gaming machine entitlement to a person who is not a venue operator. (2) An agreement that purports to transfer a gaming machine entitlement to a person who is not a venue operator is void. (3) An arrangement or deed that purports to transfer a gaming machine entitlement to a person who is not a venue operator is of no effect. S. 3.4A.17 inserted by No. 29/2009 s. 25. 3.4A.17 Gaming machine entitlements must be transferred in accordance with allocation and transfer rules (1) A venue operator must not transfer a gaming machine entitlement the operator holds to another person other than in accordance with this Act and the gaming machine entitlement allocation and transfer rules. (2) An agreement that purports to transfer a gaming machine entitlement to a person other than in accordance with this Act and the gaming machine entitlement allocation and transfer rules is void. (3) An arrangement or deed that purports to transfer a gaming machine entitlement to a person other than in accordance with this Act and the gaming machine entitlement allocation and transfer rules is of no effect. S. 3.4A.17AA inserted by No. 62/2017 s. 42. 3.4A.17AA Transfer agreement may provide for substitution of parties to registered assignment agreement (1) This section applies to the assignment of a gaming machine entitlement if— (a) the entitlement is transferred in accordance with this Division to a person other than the assignee; and (b) the agreement that provides for the transfer provides that, under this section, the assignment is to continue with the transferee becoming the assignor. (2) On the day of the transfer, the transferee becomes a party to the registered assignment agreement in place of the transferor (but only in relation to the transferred gaming machine entitlement). (3) On and after the day of the transfer, the transferee is taken to be the assignor of the transferred gaming machine entitlement. (4) Within 7 days of the transfer of the gaming machine entitlement, the transferor must give the Commission a notice in writing setting out the change in the assignment. S. 3.4A.17AAB inserted by No. 62/2017 s. 42. 3.4A.17AAB Assignment of gaming machine entitlement otherwise terminated on transfer (a) an assigned gaming machine entitlement is transferred in accordance with this Division; and (b) section 3.4A.17AA does not apply to the assignment of the gaming machine entitlement. (2) On the day of the transfer, the assignment is terminated. S. 3.4A.17AAC inserted by No. 62/2017 s. 84. 3.4A.17AAC Directions in relation to related agreements with Minister regarding transferred gaming machine entitlement (1) Subject to this section, the Minister may direct a venue operator to whom a gaming machine entitlement is transferred (or is to be transferred) to enter into an agreement with the Minister, or a person nominated by the Minister, that deals with matters related to the gaming machine entitlement. (2) A direction under subsection (1) is to be given by written notice. (3) Before giving a direction under subsection (1), the Minister must consult with the venue operator. (4) A direction under subsection (1)— (d) may specify the terms or kinds of terms that must not be contained in an agreement to be entered into; and (5) A venue operator to which this section applies must comply with a direction under subsection (1). (6) The venue operator must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 3.4A.17AAD inserted by No. 62/2017 s. 84. 3.4A.17AAD No compensation payable because of direction to enter into entitlement-related agreements No compensation is payable by the State because of a direction under section 3.4A.17AAC or entering into an agreement in compliance with a direction under section 3.4A.17AAC. S. 3.4A.17A inserted by No. 58/2009 s. 50, amended by No. 62/2017 s. 85, repealed by No. 28/2022 s. 29. S. 3.4A.18 (Heading) amended by No. 62/2017 s. 21(1). S. 3.4A.18 inserted by No. 29/2009 s. 25. 3.4A.18 Gaming machine entitlements that expire on 15 August 2022 and that are transferred before specified date S. 3.4A.18(1) amended by No. 62/2017 s. 21(2). (1) This section applies if a venue operator, in accordance with the gaming machine entitlement allocation and transfer rules, transfers a gaming machine entitlement that expires on 15 August 2022 to another venue operator before the day that is 6 months after the gaming machine entitlement declared day that applies to that entitlement. S. 3.4A.18(2) amended by No. 43/2009 s. 5(1). (2) The venue operator must pay to the Treasurer the amount of 75% of the prescribed profit obtained by the operator from the transfer unless the operator has been granted an exemption under section 3.4A.19. (3) The Treasurer may recover an amount specified in subsection (2) as a debt due to the State. S. 3.4A.18(4) inserted by No. 43/2009 s. 5(2). ***financial benefit*** means anything of economic or market value and includes— (a) property and services; (b) any benefit specified in the regulations to be a financial benefit; ***profit*** includes the value of a financial benefit. S. 3.4A.18A inserted by No. 62/2017 s. 22. 3.4A.18A Gaming machine entitlements that take effect on or after 16 August 2022 and that are transferred during specified period (1) This section applies if a venue operator (the ***transferor***), in accordance with the gaming machine entitlement allocation and transfer rules, transfers a gaming machine entitlement that takes effect on or after 16 August 2022 to another venue operator (the ***transferee***) during— (a) the period beginning on the day on which the entitlement was allocated and ending on the day 18 months after the gaming machine entitlement declared day that applies to the entitlement; or (b) the period beginning on the tenth anniversary of the gaming machine entitlement declared day that applies to the entitlement and ending on the day 18 months after that. (2) Unless the transferor is granted an exemption under section 3.4A.19 or 3.4A.19A, the transferor must pay to the Treasurer the amount calculated as follows— SP is the sale price, being the price paid to the transferor in respect of the transfer of the gaming machine entitlement; AP is the allocation price, which— (a) is the amount paid by the transferor for the allocation of the transferred gaming machine entitlement as determined under section 3.4A.5(9)(b); and (b) does not include any amount determined, or to be determined, under section 3.4A.5(9)(ba)(ii) if the period referred to in that provision has not yet commenced. S. 3.4A.18A(3) amended by No. 20/2018 s. 69. (3) Unless the transferee is granted an exemption under section 3.4A.19 or 3.4A.19A, the transferee must pay to the Treasurer the amount calculated as follows— HAP – SP HAP is the hypothetical allocation price referred to in subsection (4) and determined in accordance with subsection (5); SP is the sale price, being the amount referred to by that name in subsection (2). (4) The hypothetical allocation price is the amount that would have been payable by the transferee for the allocation of the transferred gaming machine entitlement if it had been allocated— (a) to the transferee rather than the transferor; and (b) to enable the transferee to conduct gaming at the approved venue specified by the transferee under section 3.4.13A in respect of the entitlement. (5) The hypothetical allocation price is to be determined by applying the provisions of the gaming machine entitlement allocation and transfer rules referred to in section 3.4A.3(1A) on the basis set out in subsection (4). (6) If an amount calculated under subsection (2) or (3) is less than $0, the amount is taken to be calculated as $0. (7) If an amount calculated under subsection (2) or (3) is not a whole number, the number that is a rounding up of that number to the next 2 decimal points is to be taken to be the amount. (8) The Treasurer may recover an amount payable under subsection (2) or (3) as a debt due to the State. S. 3.4A.19 (Heading) amended by Nos 43/2009 s. 6(1), 62/2017 s. 23(1). S. 3.4A.19 inserted by No. 29/2009 s. 25. 3.4A.19 Exemption from requirement to pay for transfer related to refusal to grant relevant authority S. 3.4A.19(1) amended by No. 43/2009 s. 6(2), substituted by No. 62/2017 s. 23(2), amended by No. 28/2022 s. 30. (1) On the application of a venue operator, the Treasurer may, in accordance with subsection (2), exempt the operator from a requirement under section 3.4A.18(2), or under section 3.4A.18A(2) or (3), to pay an amount to the Treasurer in relation to the transfer of a gaming machine entitlement. S. 3.4A.19(2) amended by No. 62/2017 s. 23(3). (2) The Treasurer may only give an exemption under subsection (1) if— (a) the Treasurer is satisfied that the reason for the transfer was that a government agency has refused to grant or give a relevant authority in respect of the premises (the ***rejected premises***) at which gaming was intended to be conducted by means of an approved gaming machine under the gaming machine entitlement; and (b) the gaming machine entitlement is subject to a geographic area condition that authorises the conduct of gaming in the region or municipal district that the rejected premises is or is to be situated. S. 3.4A.19(3) def. of *government* *agency* amended by No. 58/2011 s. 104(Sch. item 3.3). ***government agency*** means— (a) the Commission; (b) a responsible authority within the meaning of the **Planning and Environment Act 1987**; (d) the Minister administering section 24A of the **Racing Act 1958**; S. 3.4A.19(3) def. of *relevant authority* amended by No. 32/2012 s. 8. ***relevant authority*** means— (a) an approval of premises under Part 3 of this Chapter; (ab) an amendment to the conditions of a venue operator's licence to vary the number of gaming machines permitted in an approved venue; (b) a permit issued under the **Planning and Environment Act 1987** permitting the premises to be used for gaming on gaming machines; (c) a pub licence; (d) a club licence; (e) a racing club licence. S. 3.4A.19A inserted by No. 62/2017 s. 24. 3.4A.19A Exemption from requirement to pay for transfer related to sale of approved venue S. 3.4A.19A(1) amended by No. 28/2022 s. 31. (1) On the application of a venue operator, the Treasurer may, in accordance with subsections (2) and (3), exempt the operator from a requirement under section 3.4A.18(2), or under section 3.4A.18A(2) or (3), to pay an amount to the Treasurer in relation to the transfer of a gaming machine entitlement. (2) The Treasurer may only give an exemption under subsection (1) if— (a) the venue operator who transferred the gaming machine entitlement has sold, or has entered into an agreement to sell, an approved venue to the venue operator to whom the entitlement is transferred; and (b) the Treasurer is satisfied that the transfer is related to the sale of the approved venue. (3) The maximum number of gaming machine entitlements that may be exempted under subsection (1) in relation to the sale of a particular approved venue is the number of gaming machines that, immediately before the agreement for the sale was entered into, was specified in the transferor's venue operator's licence under section 3.4.12(2)(b) as the number of gaming machines permitted in the venue. (4) The Treasurer must not give an exemption under subsection (1) if to do so would contravene subsection (3). S. 3.4A.20 inserted by No. 29/2009 s. 25, amended by No. 62/2017 s. 25. 3.4A.20 Hospitals and Charities Fund In respect of each financial year, an amount equal to the sum of the amounts paid to the Treasurer under section 3.4A.18 or 3.4A.18A in respect of that year must be paid out of the Consolidated Fund (which is appropriated to the necessary extent) into the Hospitals and Charities Fund. Ch. 3 Pt 4A Div. 5AA (Heading and ss 3.4A.20AA–3.4A.20AAG) inserted by No. 62/2017 s. 7. Division 5AA—Surrender of gaming machine entitlements on specified date S. 3.4A.20AA inserted by No. 62/2017 s. 7. 3.4A.20AA Rules for surrender of gaming machine entitlements (1) The Minister may make rules in accordance with which a venue operator who holds a gaming machine entitlement may designate that entitlement as one that is to be surrendered at midnight on a day specified in those rules. (2) The rules may contain provisions that— (a) apply generally or are of limited application; (c) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or the Commission. (4) The rules take effect on the day that they are published in the Government Gazette or on such later date as is specified in the rules. S. 3.4A.20AAB inserted by No. 62/2017 s. 7. 3.4A.20AAB Surrender of designated gaming machine entitlements (1) A gaming machine entitlement that has been designated in accordance with the rules under section 3.4A.20AA is surrendered at midnight on the day that, under those rules, applies in relation to that entitlement. (2) On the surrender of a gaming machine entitlement— (a) the entitlement is taken to be unallocated; and (b) the geographic area condition imposed on the entitlement is removed; and (c) any interest, right or privilege in or to which the entitlement is subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this subsection, extinguished. S. 3.4A.20AAC inserted by No. 62/2017 s. 7. 3.4A.20AAC No compensation payable because of surrender of gaming machine entitlements No compensation is payable by the State to any person as a result of— (a) the surrender of a gaming machine entitlement under this Division; or (b) the operation of section 3.4A.20AAB. S. 3.4A.20AAD inserted by No. 62/2017 s. 7. 3.4A.20AAD Certain amounts become immediately payable (1) On and after the day on which a gaming machine entitlement is surrendered under this Division, any amount owed to the State for the allocation of the entitlement to the venue operator (other than an amount excluded by subsection (3)) becomes immediately due and payable to the State. (2) Subsection (1) applies to an amount owed to the State whether it is owed under an agreement or otherwise. (3) An amount that becomes immediately due and payable under subsection (1) does not include any amount determined by the Minister under section 3.4A.5(9)(b) in respect of any period after the surrender of the entitlement. (4) The venue operator is not liable to pay any amount excluded under subsection (3). (5) An amount that becomes immediately due and payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State. (6) This section applies despite any agreement to the contrary. S. 3.4A.20AAE inserted by No. 62/2017 s. 7. 3.4A.20AAE Ministerial Order for extinguishment (1) The Minister may, by Order published in the Government Gazette, extinguish any gaming machine entitlements that— (a) have been surrendered under this Division; and (b) have not been allocated since. (2) In making an Order under this section, the Minister must take the following matters into account— (a) the extinguishment must result in at least 20% of all remaining gaming machine entitlements authorising the conduct of gaming in a region or municipal district outside metropolitan Melbourne; (b) the extinguishment must not result in a contravention of section 3.4A.5AA(2). Section 3.4A.5AA(2) specifies that certain percentages of gaming machine entitlements must relate to specified types of approved venues. S. 3.4A.20AAF inserted by No. 62/2017 s. 7. 3.4A.20AAF Effect of order On the day on which an Order made under section 3.4A.20AAE is published in the Government Gazette, the gaming machine entitlements specified in the Order are extinguished. Related interests, rights and privileges in or to which the entitlement is subject will already have been extinguished by section 3.4A.20AAB(2)(c). S. 3.4A.20AAG inserted by No. 62/2017 s. 7. 3.4A.20AAG No compensation payable No compensation is payable by the State as a result of the making of an Order under section 3.4A.20AAE or the operation of section 3.4A.20AAF. Ch. 3 Pt 4A Div. 5A (Heading and ss 3.4A.20A–3.4A.20J) inserted by No. 58/2009 s. 51. Division 5A—Purchase by the State of gaming machine entitlements S. 3.4A.20A inserted by No. 58/2009 s. 51. 3.4A.20A Application of Division This Division applies on and after the first gaming machine entitlement declared day declared by the Minister under section 3.4A.1. S. 3.4A.20B inserted by No. 58/2009 s. 51. 3.4A.20B Commission to determine excess gaming machine entitlements (1) Before making an Order under section 3.4A.20C, the Minister must direct the Commission to determine whether the number of gaming machine entitlements under which gaming may be conducted in the State, a region or a municipal district exceeds the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the State, the region or the municipal district. (2) On making a determination under subsection (1) the Commission must give the determination to the Minister. Section 3.4A.5(3) provides that the Minister must specify the maximum number of gaming machine entitlements under which gaming may be conducted in the State. Section 3.4A.5(3A) provides that the Minister, or the Commission, may determine the maximum permissible number of gaming machine entitlements under which gaming may be conducted in a region or municipal district. S. 3.4A.20C inserted by No. 58/2009 s. 51. 3.4A.20C Ministerial Order for purchase of gaming machine entitlements If, on the taking effect of an Order under section 3.4A.5(3) or (3A), the number of gaming machine entitlements under which gaming may be conducted in the State, a region or a municipal district will exceed the maximum permissible number of entitlements under which gaming may be conducted in the State, the region or the municipal district, the Minister may by Order published in the Government Gazette— (a) determine that the State will offer to purchase as many gaming machine entitlements as are required to reduce the number of gaming machine entitlements under which gaming may be conducted in the State, the region or the municipal district; and (b) determine the period or periods during which a venue operator may accept an offer to purchase gaming machine entitlements held by that entitlement holder; and (c) determine the day on which an offer to purchase gaming machine entitlements expires. S. 3.4A.20D inserted by No. 58/2009 s. 51. 3.4A.20D Determinations for purpose of Division (1) The Minister may, from time to time for the purpose of sections 3.4A.20E to 3.4A.20G— (a) determine the gaming machine reduction requirements; or (b) direct the Commission to determine, based on criteria specified in the direction, the gaming machine reduction requirements. (2) The gaming machine reduction requirements are— (a) the price or prices to be paid for the gaming machine entitlements, or prices to be paid for different classes of entitlements to be purchased by the State; and (b) the date or dates by which an offer of the State to purchase gaming machine entitlements must be made; and (c) the date on which an offer of the State to purchase a gaming machine entitlement expires; and (d) any other terms and conditions that an offer of the State to purchase gaming machine entitlements must contain; and (e) in the case of a determination of the Commission— (i) the venue operators to whom an offer of the State to purchase gaming machine entitlements will be made under section 3.4A.20E; or (ii) the venue operators who will be required to reduce the number of gaming machine entitlements they hold under section 3.4A.20F— as the case requires. (3) The date or dates specified in an offer in accordance with subsection (2)(b) and (c) must not be a date after the date a relevant Order under section 3.4A.5(3) or (3A) takes effect. (4) If the Minister determines the gaming machine reduction requirements, the Minister must— (a) give that determination to the Commission; and (b) direct the Commission to give effect to the determination. (5) Within the time specified in a direction under this section, or if no time is specified in the direction, within 60 days after a direction under this section is given to the Commission, the Commission must give effect to the relevant direction. (6) If a direction referred to in subsection (1)(b) does not specify all of the relevant information or criteria by which the Commission must make a determination, the Commission may, in making a determination as required under this section, determine anything that is necessary to give effect to an Order under section 3.4A.20C. S. 3.4A.20E inserted by No. 58/2009 s. 51. 3.4A.20E Initial offers by State for purchase of gaming machine entitlements (1) The Commission must, by written notice, serve on each venue operator that holds gaming machine entitlements an offer of the State to purchase the gaming machine entitlements that contains the following— (a) a copy of the applicable Order under section 3.4A.5(3) or (3A) and 3.4A.20C; (b) the price or prices to be paid for gaming machine entitlements held by that operator; (c) any other terms and conditions the offer to purchase the gaming machine entitlements must contain. (2) An offer under subsection (1) must be consistent with a determination of the Minister or Commission under section 3.4A.20D, as the case may be. S. 3.4A.20F inserted by No. 58/2009 s. 51. 3.4A.20F Further reduction of gaming machine entitlements (a) all offers under section 3.4A.20E have expired; and (b) the number of gaming machine entitlements under which gaming may be conducted in the State, or a region or municipal district (as the case requires) still exceeds the maximum permissible number of entitlements under which gaming may be conducted in the State, the region or the municipal district as determined by Order under section 3.4A.5(3) or (3A), as the case may be. (2) The Commission must determine, in accordance with a determination of the Commission under section 3.4A.20D— (a) which venue operators must reduce the number of gaming machine entitlements held by those operators; and (b) the reduction in the number of gaming machine entitlements held by each venue operator that must be met by the operator. (3) The Commission must give to each venue operator that it has determined under subsection (2) must reduce the number of gaming machine entitlements the operator holds a written direction specifying— (a) the required level of reduction in gaming machine entitlements in the State, the region or the municipal district, as the case requires; and (b) the required number of gaming machine entitlements the operator must no longer hold; and (c) the methods by which the operator may reduce the number of gaming machine entitlements the operator holds; and (d) the date by which that the operator must reduce the number of gaming machine entitlements the operator holds. (4) The date specified in a direction for the purpose of subsection (3)(d) must not be a date after the date a relevant Order under section 3.4A.5(3) or (3A) takes effect. (5) A venue operator given a direction under subsection (3) must comply with the direction. (6) For the purpose of subsection (3)(c), the methods by which a venue operator may reduce the number of gaming machine entitlements held by that operator are— (a) accepting an offer by the State under section 3.4A.20G to purchase any gaming machine entitlements; or (b) if the direction of the Commission is as a result of an Order under section 3.4A.5(3A) to reduce the number of entitlements in a region or municipal district— (i) transferring the entitlements to another venue operator so that gaming may be conducted under those entitlements outside the region or municipal district to which the Order applies; or (ii) obtaining an amendment to the geographic area condition from the Commission so that gaming may be conducted under those entitlements outside the region or municipal district to which the Order applies. S. 3.4A.20G inserted by No. 58/2009 s. 51. 3.4A.20G Further offers by State for purchase of gaming machine entitlements (1) The Commission must, by written notice, serve on each venue operator that has been given a direction under section 3.4A.20F an offer of the State to purchase the gaming machine entitlements that contains the following— (a) a copy of the applicable Order under section 3.4A.5(3) or (3A) and section 3.4A.20C; (b) the price or prices to be paid for gaming machine entitlements held by that operator; (c) any other terms and conditions that offer to purchase the gaming machine entitlements must contain. (2) An offer under subsection (1) must be consistent with a determination of the Minister or Commission under section 3.4A.20D, as the case may be. S. 3.4A.20H inserted by No. 58/2009 s. 51. 3.4A.20H Extinguishment of gaming machine entitlements purchased for purpose of State limit reduction (1) This section applies if the State purchases a gaming machine entitlement under this Division following an Order under section 3.4A.20C determining that the State will offer to purchase gaming machine entitlements in order to reduce the maximum number of entitlements under which gaming may be conducted in the State. (2) On the day the gaming machine entitlement is purchased, the entitlement— (a) is extinguished; and (b) any interest, right or privilege in or to which that entitlement is subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished. S. 3.4A.20I inserted by No. 58/2009 s. 51. 3.4A.20I Extinguishment on reduction of State limit (1) This section applies if a venue operator— (a) holds gaming machine entitlements to which an Order under section 3.4A.5(3) relates; and (b) does not reduce the number of gaming machine entitlements the operator holds in accordance with a direction under section 3.4A.20F. (2) On the day the Order takes effect— (a) all of the gaming machine entitlements to which the direction under section 3.4A.20F relates and which are held by the operator contrary to the direction are extinguished; and (b) any interest, right or privilege in or to which those entitlements are subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished. S. 3.4A.20J inserted by No. 58/2009 s. 51. 3.4A.20J No compensation payable No compensation is payable by the State in respect of anything given or anything done under or arising out of anything under this Division. Ch. 3 Pt 4A Div. 5B (Heading and ss 3.4A.20K–3.4A.20M) inserted by No. 73/2014 s. 10. Division 5B—Extinguishment of unallocated or forfeited entitlements on reduction of State limit S. 3.4A.20K inserted by No. 73/2014 s. 10. 3.4A.20K Ministerial Order for extinguishment S. 3.4A.20K(1) amended by No. 62/2017 s. 8(1). (1) If, on the taking effect of an Order under section 3.4A.5(3), the number of gaming machine entitlements under which gaming may be conducted in the State will exceed the maximum permissible number of entitlements under which gaming may be conducted in the State, the Minister may, by Order published in the Government Gazette, extinguish any unallocated gaming machine entitlements, including gaming machine entitlements surrendered under Division 5AA or forfeited to the State under Division 6, 7, 8 or 8A that have not been reallocated. S. 3.4A.20K(2) amended by No. 62/2017 s. 8(2). (2) The Minister may make an Order under this section in addition to, or instead of, making an Order under section 3.4A.20AAE or 3.4A.20C. (3) In making an Order under this section, the Minister must take the following matters into account— (a) if possible, entitlements that have never been allocated must be extinguished before entitlements that have been forfeited; (3)(ab) inserted by No. 62/2017 s. 8(3). (ab) entitlements that have been surrendered under Division 5AA— (i) must be extinguished before entitlements that have been forfeited; and (ii) need not be extinguished in the order in which they were surrendered; (b) entitlements that have been forfeited must be extinguished in the order in which they were forfeited; (3)(c) amended by No. 62/2017 s. 101(4). (c) the extinguishment must result in at least 20% of all remaining gaming machine entitlements authorising the conduct of gaming in a region or municipal district outside metropolitan Melbourne; (3)(d) substituted by No. 62/2017 s. 13. (d) the extinguishment must not result in a contravention of section 3.4A.5AA(1) or (2). Section 3.4A.5AA(1) and (2) specify that certain percentages of gaming machine entitlements must relate to specified types of approved venues. S. 3.4A.20L inserted by No. 73/2014 s. 10. 3.4A.20L Effect of Order (1) On the day on which an Order made under section 3.4A.20K is published in the Government Gazette— (a) the gaming machine entitlements specified in the Order are extinguished; and (b) any interest, right or privilege in or to which those entitlements are subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished. (2) To avoid doubt, the extinguishment under this Division of an entitlement that has been forfeited to the State does not affect the operation of section 3.4A.32 in relation to the entitlement. S. 3.4A.20L(3) inserted by No. 62/2017 s. 9. (3) To avoid doubt, the extinguishment under this Division of an entitlement that has been surrendered under Division 5AA does not affect the operation of section 3.4A.20AAD in relation to the entitlement. S. 3.4A.20M inserted by No. 73/2014 s. 10. 3.4A.20M No compensation payable No compensation is payable by the State as a result of the making of an Order under section 3.4A.20K or the operation of section 3.4A.20L. Division 6—Forfeiture of gaming machine entitlements not used for conduct of gaming S. 3.4A.21 inserted by No. 29/2009 s. 25. 3.4A.21 Definition ***relevant holding period***, in relation to a gaming machine entitlement, has the meaning given by section 3.4A.22. S. 3.4A.21A inserted by No. 62/2017 s. 43. 3.4A.21A Division does not require gaming under an assigned gaming machine entitlement Nothing in this Division requires a venue operator to whom a gaming machine entitlement is assigned to commence gaming under that entitlement within any period. **Notes** 1 Section 3.4A.11M provides that if an assignee does not commence gaming under an assigned gaming machine entitlement within 6 months of the assignment of the entitlement, that assignment terminates. 2 On the end of the assignment of a gaming machine entitlement, this Division requires the assignor to conduct gaming on the entitlement within 6 months (unless that period is extended). See sections 3.4A.22(3) and 3.4A.23(2). S. 3.4A.22 inserted by No. 29/2009 s. 25, substituted by No. 62/2017 s. 44. 3.4A.22 Meaning of *relevant holding period* (1) If a gaming machine entitlement is allocated to a venue operator, the ***relevant holding period*** for the entitlement is— (a) the period of 6 months commencing on the gaming machine entitlement declared day that applies to the entitlement; or (2) If a gaming machine entitlement is transferred to a venue operator, on and after that transfer the ***relevant holding period*** for the entitlement is— (a) the period of 6 months commencing on the day on which the entitlement was transferred; or (3) If a venue operator assigns a gaming machine entitlement, on and after the end of the assignment the ***relevant holding period*** for the entitlement is— (a) the period of 6 months commencing on the day on which the assignment ends; or (4) However, the ***relevant holding period*** for a gaming machine entitlement is not to be taken to include any period during which the venue operator's licence of the venue operator who holds the entitlement is suspended under section 3.4.25(4) or 3.4.26(2). S. 3.4A.23 inserted by No. 29/2009 s. 25, substituted by No. 62/2017 s. 45. 3.4A.23 Gaming under gaming machine entitlements must be commenced within relevant holding period (1) If a gaming machine entitlement is allocated or transferred to a venue operator, the operator must commence the conduct of gaming by means of an approved gaming machine under the entitlement within the relevant holding period. (2) If a venue operator assigns a gaming machine entitlement, and that assignment subsequently ends, the operator must commence the conduct of gaming by means of an approved gaming machine under the entitlement within the relevant holding period. S. 3.4A.24 inserted by No. 29/2009 s. 25. 3.4A.24 Gaming machine entitlements forfeited to State if gaming not commenced within relevant holding period If a venue operator does not comply with section 3.4A.23, the gaming machine entitlement held by the venue operator, and to which that section applies, is forfeited to the State on— (a) if the venue operator has not made an application under section 3.4A.25 to extend the relevant holding period, the day after that period expires; (b) if the venue operator has made an application under section 3.4A.25 to extend the relevant holding period, the day after the day the Commission refuses to extend that period under that section; (c) if the venue operator has made an application under section 3.4A.25 to extend the relevant holding period and the Commission has extended the relevant holding period under that section, the day after that period, as extended, expires. S. 3.4A.25 inserted by No. 29/2009 s. 25. 3.4A.25 Commission may extend relevant holding period S. 3.4A.25(1) amended by No. 62/2017 s. 46(1). (1) A venue operator may apply to the Commission for an extension to the relevant holding period for a gaming machine entitlement. S. 3.4A.25 (2)(a) substituted by No. 62/2017 s. 46(2). (a) must be made before the end of the relevant holding period for the gaming machine entitlement; and (b) must be in writing; and (c) must set out the reason for the application; and (d) must be accompanied by the prescribed fee (if any). (3) If required to do so by the Commission, a venue operator must give the Commission any information that the Commission reasonably considers it requires in order for it to properly consider the application. (4) On receiving an application under subsection (1), the Commission may extend the relevant holding period if the Commission is of the opinion that it is reasonable to do so in the circumstances. (5) To avoid doubt, a venue operator may apply under subsection (1) more than once for an extension to the relevant holding period. Division 7—Forfeiture of gaming machine entitlements following disciplinary action, surrender of licence or expiry S. 3.4A.26 inserted by No. 29/2009 s. 25. 3.4A.26 Gaming machine entitlements forfeited if venue operator's licence cancelled, surrendered or not renewed (1) This section applies if a venue operator's licence held by a venue operator— (a) is cancelled by the Commission under section 3.4.25(4); or (b) expires; or (c) is surrendered by the venue operator. S. 3.4A.26(2) substituted by No. 62/2017 s. 47. (2) On the relevant day— (a) every gaming machine entitlement held by the venue operator (other than a gaming machine entitlement assigned to the venue operator under Division 3A) is forfeited to the State; and (b) every registered assignment agreement under which the venue operator is the assignee is terminated; and (c) every gaming machine entitlement assigned under Division 3A by the venue operator is forfeited to the State. ***licence cancellation day*** means— (a) the day on which a notice under section 3.4.25(4) takes effect; or (b) if an appeal has been instituted under section 3.9.5 in respect of a decision of the Commission under section 3.4.25(4) to cancel the venue operator's licence, the day after the day on which that appeal is finally determined and the decision is affirmed; ***relevant day*** means— (a) if the venue operator's licence is cancelled by the Commission under section 3.4.25(4), the licence cancellation day; (b) if the venue operator's licence expires, on the day after it expires; (c) if the venue operator surrenders its venue operator's licence, the day after the day the licence is surrendered. Ch. 3 Pt 4A Div. 8 (Heading) amended by No. 62/2017 s. 69. Division 8—Forfeiture of gaming machine entitlements in accordance with standard conditions or related agreement S. 3.4A.26A inserted by No. 62/2017 s. 70. 3.4A.26A Gaming machine entitlements forfeited in accordance with standard entitlement-related conditions (a) a venue operator holds a gaming machine entitlement; and (b) the standard entitlement-related conditions that apply to the venue operator provide that, following the occurrence of specified circumstances, the entitlement is forfeited to the State under this section on a specified date. (2) On the specified date the gaming machine entitlement is forfeited to the State. S. 3.4A.27 inserted by No. 29/2009 s. 25. 3.4A.27 Gaming machine entitlements forfeited if venue operator defaults under related agreement S. 3.4A.27 (1)(a) amended by Nos 56/2010 s. 28, 62/2017 s. 86. (a) a provision of an entitlement-related agreement provides for the forfeiture of a gaming machine entitlement to the State in circumstances specified in that agreement; and (b) that provision is expressed to be a forfeiture provision for the purposes of this section; and (c) that agreement specifies the date on which the gaming machine entitlement is to be forfeited to the State following the occurrence of the specified circumstances (the ***relevant date***). (2) On the relevant date the gaming machine entitlement is forfeited to the State. Ch. 3 Pt 4A Div. 8A (Heading and s. 3.4A.27A) inserted by No. 58/2009 s. 52. Division 8A—Forfeiture of gaming machine entitlements following offers to purchase those entitlements S. 3.4A.27A inserted by No. 58/2009 s. 52. 3.4A.27A Forfeiture to State—after reduction of regional or municipal district limit (a) an Order has been made under section 3.4A.20C to reduce the number of gaming machine entitlements in a region or municipal district; and (b) a venue operator holds gaming machine entitlements to which that Order relates; and (c) that venue operator does not reduce the number of gaming machine entitlements the operator holds in accordance with a direction under section 3.4A.20F. (2) On the day after the day determined in the Order as the day on which the offer to purchase gaming machine entitlements expires, all of the gaming machine entitlements to which the direction under section 3.4A.20F relates and which are held by the operator contrary to the direction are forfeited to the State. Division 9—Extinguishment of interests and rights in gaming machine entitlements S. 3.4A.28 inserted by No. 29/2009 s. 25. 3.4A.28 Extinguishment S. 3.4A.28(1) amended by No. 58/2009 s. 53. (1) This section applies if a gaming machine entitlement is forfeited to the State under Division 6, 7, 8 or 8A. (2) On the day the gaming machine entitlement is forfeited to the State, any interest, right or privilege in or to which that entitlement is subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished. S. 3.4A.29 inserted by No. 29/2009 s. 25. 3.4A.29 No compensation payable because of extinguishment No compensation is payable by the State to any person because of the operation of section 3.4A.28. Division 10—Forfeited gaming machine entitlements S. 3.4A.30 inserted by No. 29/2009 s. 25, amended by No. 58/2009 s. 54. 3.4A.30 Application of Division This Division applies to all gaming machine entitlements forfeited to the State under Division 6, 7, 8 or 8A. S. 3.4A.31 inserted by No. 29/2009 s. 25, amended by No. 56/2010 s. 29. 3.4A.31 No compensation payable because of forfeiture of gaming machine entitlements Except as otherwise provided under this Division, no compensation is payable by the State to any person as a result of the forfeiture of a gaming machine entitlement under Division 6, 7, 8 or 8A. S. 3.4A.32 inserted by No. 29/2009 s. 25. 3.4A.32 Amounts owed to the State in relation to gaming machine entitlements become immediately payable S. 3.4A.32(1) amended by No. 56/2010 s. 30. (1) On and after the day on which a gaming machine entitlement is forfeited to the State under Division 6, 7, 8 or 8A, any amount owed to the State (under an agreement or otherwise) for the allocation of the gaming machine entitlement to the venue operator becomes immediately due and payable to the State. (2) An amount referred to in subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State. (3) This section applies despite any agreement to the contrary. S. 3.4A.33 inserted by No. 29/2009 s. 25. 3.4A.33 Payment of proceeds from forfeited gaming machine entitlements that are allocated again S. 3.4A.33(1) amended by No. 56/2010 s. 31. (1) The proceeds arising from the allocation of a gaming machine entitlement forfeited under Division 6, 7, 8 or 8A (less any State-owed amounts) must be paid to the venue operator who forfeited that entitlement under Division 6, 7, 8 or 8A. Note to s. 3.4A.33(1) amended by No. 56/2010 s. 31. Under section 3.4A.5(1)(b), the Minister may allocate gaming machine entitlements forfeited under Division 6, 7, 8 or 8A. ***State-owed amounts*** means the sum of— (a) the prescribed costs of sale; and (b) any amount owed to the State by the venue operator of the forfeited entitlement; and (c) any fines imposed on the entitlement holder under section 3.4.25. Ch. 3 Pt 4A Div. 11 (Heading and s. 3.4A.34) inserted by No. 58/2009 s. 55. Division 11—General S. 3.4A.34 (Heading) amended by No. 21/2012 s. 239(Sch. 6 item 19.5). S. 3.4A.34 inserted by No. 58/2009 s. 55. 3.4A.34 Competition and Consumer Act and Competition Code authorisation S. 3.4A.34(1) amended by No. 21/2012 s. 239(Sch. 6 item 19.6). (1) For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following things are authorised by this Act— (1)(a) amended by No. 4/2014 s. 25. (a) entering into a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A, 3.4A.17A, 3.8A.15 or 3.8A.16; (1)(b) amended by No. 4/2014 s. 25. (b) amending a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A, 3.4A.17A, 3.8A.15 or 3.8A.16; (1)(c) amended by Nos 56/2010 s. 32(1), 4/2014 s. 25. (c) giving effect to a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A, 3.4A.17A, 3.8A.15 or 3.8A.16 (whether amended or not); (1)(d) inserted by No. 56/2010 s. 32(2). (d) all activities carried out by or on behalf of the State for the purposes of this Act in connection with— (i) the creation of gaming machine entitlements; or (1)(d)(ii) amended by No. 56/2010 s. 33(1). (ii) the allocation of gaming machine entitlements to venue operators, including the allocation of gaming machine entitlements forfeited to the State under Division 6, 7, 8 or 8A or purchased under Division 5A; (1)(d)(iii) inserted by No. 56/2010 s. 33(2). (iii) the purchase of gaming machine entitlements under Division 5A. Part 5—Control of gaming Ch. 3 Pt 5 Div. 1AA (Heading and s. 3.5.1AA) inserted by No. 29/2009 s. 26, repealed by No. 4/2014 s. 26. Division 1—Manufacturing and obtaining gaming machines 3.5.1 Manufacture, sale, supply, obtaining or possession of gaming machines S. 3.5.1(1) amended by No. 64/2010 s. 44(1). (1) A person must not manufacture, sell, supply, obtain or be in possession of gaming equipment or monitoring equipment except in accordance with this Act. (2) A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) as part of a commercial enterprise. 1. Imprisonment for 6 years. (3) An offence against subsection (2) is an indictable offence. S. 3.5.1(4) substituted by No. 64/2010 s. 44(2). (4) A person may manufacture, sell, supply, obtain or be in possession of gaming equipment or monitoring equipment if the equipment is for use outside Victoria and the person has the written authority of the Commission. (5) The authority of the Commission— (a) may be subject to any terms, conditions or limitations that the Commission thinks fit; and (b) may be granted for any period determined by the Commission; and (c) may be renewed, with or without variation, from time to time. S. 3.5.1(5A) inserted by No. 64/2014 s. 7. (5A) A person may obtain or be in possession of gaming equipment if— (a) the person is an ADI or an employee or agent of an ADI; and (b) the equipment is obtained or possessed in accordance with or as a result of the exercise by the ADI of a power or proprietary right under a financial or other arrangement with a venue operator. S. 3.5.1(5B) inserted by No. 64/2014 s. 7. (5B) A person referred to in subsection (5A) may sell or supply gaming equipment obtained under subsection (5A) to a person listed on the Roll. S. 3.5.1(6) substituted by No. 64/2010 s. 44(3). (6) For the purposes of this section, a person is to be taken to be in possession of gaming equipment or monitoring equipment if— (a) the equipment is in the physical possession or custody or control of the person or is on land or in premises occupied, used or controlled by the person; or (b) the person controls access, either solely or jointly with other persons, to the equipment. S. 3.5.2 repealed by No. 28/2022 s. 32. Division 2—Controls over gaming machines and games 3.5.3 Commission's standards for gaming machine types and games (1) The Commission, with the approval of the Minister, may make and amend standards for gaming machine types and games. (2) Before making or amending a standard, the Commission must consult— (a) each manufacturer or supplier of gaming machines who is listed on the Roll; and S. 3.5.3(2)(b) repealed by No. 28/2022 s. 33. S. 3.5.3(2)(ba) inserted by No. 29/2009 s. 27(1). (ba) each entitlement holder whose interests the Commission considers will be adversely affected by the making or amendment of the standard; and (c) each casino operator. (a) publish each standard, and each amendment to a standard, on the Internet; and (b) publish a notice of the making or amending of each standard in the Government Gazette. (4) A standard, or an amendment to a standard, comes into force 6 months after the day on which the notice is published under subsection (3)(b) or at the later time specified in the notice. 3.5.4 Approval of gaming machine types and games (1) The Commission may, subject to payment of the prescribed fee, accept for evaluation gaming machine types and games. (2) The Commission may require a person who submits a gaming machine type or game under subsection (1) to provide any additional information or material that the Commission considers necessary for the evaluation. (3) The Commission may approve or refuse to approve a gaming machine type or a game, having regard to— S. 3.5.4(3)(b) amended by No. 9/2018 s. 10. (b) any standards in force under sections 3.5.3 and 10.1.5A; and (c) the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c). (4) An approval under this section is subject to any conditions imposed by the Commission. S. 3.5.4(5) inserted by No. 58/2009 s. 56. (5) On and after the first gaming machine entitlement declared day declared by the Minister under section 3.4A.1, only a person listed on the Roll who manufactures approved gaming machines or restricted components may submit a gaming machine type or game under subsection (1). 3.5.5 Variation of gaming machine types and games (1) If a gaming machine type is varied in a material particular from the gaming machine type approved by the Commission— (a) the machine type as varied is not approved under this section; and (b) the variation must be approved by the Commission before the machine type as varied may be used. (2) If a game is varied in any respect from the game approved by the Commission— (a) the game as varied is not approved under this section; and (b) the variation must be approved by the Commission before the game as varied may be used. (3) The Commission may approve or refuse to approve a variation to a gaming machine type or a game, having regard to— S. 3.5.5(3)(b) amended by No. 4/2014 s. 27(1). (b) any standards in force under sections 3.5.3 and 10.1.5A; and (c) the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c). S. 3.5.5(3A) inserted by No. 4/2014 s. 27(2). (3A) An application to approve a variation relating to the installation of player account equipment or a part of a pre-commitment system on or in a gaming machine may be made by any person. S. 3.5.5(3B) inserted by No. 64/2014 s. 8. (3B) An application to approve a variation under this section— (4) An approval of a variation is subject to any conditions imposed by the Commission. S. 3.5.5(5) amended by Nos 29/2009 s. 27(2), 28/2022 s. 34. (5) An entitlement holder or a casino operator must not use a gaming machine type or game which has been varied in a way that requires approval under this section unless the Commission has given its approval to the variation. 3.5.6 Withdrawal of approval (1) The Commission may withdraw the approval of an approved gaming machine type or game if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of gaming. (2) If approval is withdrawn under subsection (1), the Commission must give written notice of the withdrawal to— (a) the person who submitted the gaming machine type or game under section 3.5.4; and S. 3.5.6(2)(b) amended by Nos 29/2009 s. 27(3), 58/2009 s. 57, 28/2022 s. 35(a). (b) venue operators and casino operators using any gaming machine of that gaming machine type or including that game— and must specify in the notice the time within which the gaming machine type or game must be removed from use. S. 3.5.6(3) amended by Nos 29/2009 s. 27(4), 28/2022 s. 35(b). (3) If approval is withdrawn under subsection (1), the Commission must allow an entitlement holder or a casino operator a reasonable time within which to remove the gaming machine type or game from use unless there is an immediate threat to the public interest. S. 3.5.6(4) amended by Nos 29/2009 s. 27(5), 28/2022 s. 35(c)(i). (4) Subject to subsection (3), an entitlement holder or a casino operator must not permit a gaming machine to be played if— (a) the machine is of a type in respect of which the Commission has withdrawn approval under subsection (1); and S. 3.5.6(4)(b) amended by Nos 29/2009 s. 27(6), 28/2022 s. 35(c)(ii). (b) notice has been given to the entitlement holder or casino operator (as the case requires) under subsection (2). S. 3.5.6(5) amended by Nos 29/2009 s. 27(7), 28/2022 s. 35(c)(i). (5) Subject to subsection (3), an entitlement holder or a casino operator must not permit a game to be played if— (a) the Commission has withdrawn approval of that game under subsection (1); and S. 3.5.6(5)(b) amended by Nos 29/2009 s. 27(8), 28/2022 s. 35(c)(ii). (b) notice has been given to the entitlement holder or casino operator (as the case requires) under subsection (2). 3.5.7 Linked jackpots unlawful without approval S. 3.5.7(1) substituted by No. 6/2024 s. 37. (1) A person must not install or cause to be installed, or facilitate the operation of, a linked jackpot arrangement unless it is approved by the Commission under section 3.5.7B. S. 3.5.7(1A) inserted by No. 6/2024 s. 37. (1A) A person must not vary or cause to be varied a linked jackpot arrangement unless the variation has been approved by the Commission under section 3.5.7B. (2) This section does not apply to the installation of a linked jackpot arrangement in a casino. S. 3.5.7A inserted by No. 60/2011 s. 25. 3.5.7A Linked jackpot arrangements unlawful without approval S. 3.5.7A(1) amended by No. 6/2024 s. 38(1). (1) A venue operator must not conduct gaming through a linked jackpot arrangement that is not approved by the Commission under section 3.5.7B. Penalty: 1200 penalty units. S. 3.5.7A(2) amended by No. 6/2024 s. 38(2). (2) A venue operator must not conduct gaming through a linked jackpot arrangement which has been varied and that variation is not approved by the Commission under section 3.5.7B. Penalty: 1200 penalty units. S. 3.5.7B inserted by No. 60/2011 s. 26. 3.5.7B Approval of linked jackpot arrangements S. 3.5.7B(1) amended by No. 6/2024 s. 39(1)(a). (1) The monitoring licensee may apply to the Commission for the approval of— S. 3.5.7B(1)(a) amended by No. 6/2024 s. 39(1)(b). (a) a linked jackpot arrangement through which gaming may be conducted at approved venues; or S. 3.5.7B(1)(b) amended by No. 6/2024 s. 39(1)(c). (b) a variation to a linked jackpot arrangement. (2) An application under subsection (1) must— S. 3.5.7B(2)(b) amended by No. 6/2024 s. 39(2)(a). (b) be accompanied by the prescribed fee (if any). S. 3.5.7B(2)(c) repealed by No. 6/2024 s. 39(2)(b). S. 3.5.7B(3) amended by No. 6/2024 s. 39(3). (3) The Commission may require the monitoring licensee who makes an application under subsection (1) to provide any additional information or material that the Commission considers necessary for the purposes of making its decision under this section. (4) On receiving an application under subsection (1), the Commission may approve— (a) a linked jackpot arrangement; or (b) a variation to a linked jackpot arrangement. (5) In making a decision under subsection (4), the Commission must have regard to— (b) the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c); and (c) any standards in force under section 10.1.5B; and (d) any operational requirements determined by the Commission under section 10.1.5C. S. 3.5.7B(6) amended by No. 6/2024 s. 39(4). (6) The Commission must notify, in writing, the monitoring licensee of its decision under subsection (4). S. 3.5.7B(7) repealed by No. 6/2024 s. 39(5). (8) An approval under this section is subject to any conditions imposed by the Commission. S. 3.5.7B(9) repealed by No. 6/2024 s. 39(5). S. 3.5.7C inserted by No. 60/2011 s. 26. 3.5.7C Withdrawal of approval (1) The Commission, by written notice, may withdraw the approval of a linked jackpot arrangement or a variation to a linked jackpot arrangement if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of gaming. (2) If approval is withdrawn under subsection (1), the Commission must allow a venue operator a reasonable time within which to stop the conduct of gaming through the linked jackpot arrangement. (3) However, in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest, the Commission is not required to give any time within which conduct of gaming through the linked jackpot arrangement must be stopped. (4) A notice under subsection (1) must— (a) be given to every venue operator conducting gaming through the linked jackpot arrangement to which the approval related; and (b) specify the day on which, or time at which, the linked jackpot arrangement must be stopped. (5) A withdrawal of an approval takes effect on the day, or at the time, specified in a notice under subsection (1). (6) A day that is specified in a notice under subsection (1) may be the day of the notice in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest. (7) A time that is specified in a notice under subsection (1) may be a time falling on the day of the notice in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest. 3.5.8 Identification of machines (1) The Commission must cause an identification number to be issued for each gaming machine. (2) The Commission may, at any time after the issue of an identification number for a gaming machine, cause the issue of a new identification number for that gaming machine. S. 3.5.8(3) amended by Nos 29/2009 s. 27(9), 28/2022 s. 36. (3) An entitlement holder must not possess a gaming machine unless there is securely affixed on one internal and one external surface of the cabinet of the gaming machine a label showing— (a) the identification number issued under subsection (1) or (2); and (b) any other particulars that the Commission considers appropriate. (4) A person must not service, maintain or repair a gaming machine that does not have affixed to it an identification number issued under subsection (1) or (2). 1. 250 penalty units or imprisonment for 12 months or both. (6) This section does not apply to a gaming machine in a casino. 3.5.9 Gaming prohibited on unprotected devices S. 3.5.9(1) amended by No. 28/2022 s. 37. (1) A venue operator must not without lawful excuse be in possession of or permit gaming on a gaming machine unless the computer cabinet of the gaming machine is securely sealed with a seal in accordance with procedures approved by the Commission. (2) At any time when a seal on a computer cabinet has been broken, the venue operator must not permit gaming on the gaming machine until the gaming machine has been re-sealed in accordance with procedures approved by the Commission. S. 3.5.10 (Heading) amended by No. 58/2009 s. 128(1), substituted by No. 4/2014 s. 28(1). 3.5.10 Unlawful interference with equipment or systems S. 3.5.10(1)(a) amended by No. 58/2009 s. 128(2), substituted by No. 4/2014 s. 28(2). (a) be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with— (i) gaming equipment; or (ii) monitoring equipment; or (iii) player account equipment installed on or in a gaming machine; or (iv) a pre-commitment system; or S. 3.5.10(1)(b) amended by No. 58/2009 s. 128(3)), substituted by No. 4/2014 s. 28(2). (b) do any act or thing calculated, or likely, to improperly interfere with equipment, or a system, referred to in paragraph (a); or (c) insert, or cause to be inserted, in a gaming machine any thing other than a gaming token of the denomination or type displayed on the gaming machine as a gaming token to be used in order to operate or gain credit on the gaming machine. S. 3.5.10(2) amended by No. 37/2014 s. 10(Sch. item 72.16). (2) If a police officer believes on reasonable grounds that a person has committed an offence under subsection (1), the police officer may search the person for any device or thing that the police officer suspects was used in the commission of the offence. S. 3.5.11 (Heading) amended by No. 58/2009 s. 129(1). 3.5.11 Protection of sensitive areas of gaming equipment or monitoring equipment (a) break a seal securing a computer cabinet or gain access to any thing within the computer cabinet; or (b) affix a seal to a computer cabinet; or (c) break any seal protecting the integrity of the game program of a gaming machine; or (d) remove, replace or in any way affect or interfere with the operation of a computer cabinet or any thing within the computer cabinet; or S. 3.5.11(1)(e) amended by No. 58/2009 s. 129(2). (e) remove or interfere with any security device of gaming equipment or monitoring equipment; or (f) interfere with the normal operation of the reel assemblies of a gaming machine; or (g) remove or interfere with the housing protecting the mechanical meters of a gaming machine; or (h) interfere with the normal operation of the mechanical meters of a gaming machine; or (i) disconnect or interfere with a connection between a mechanical meter and a computer cabinet; or S. 3.5.11(1)(j) substituted by No. 4/2014 s. 29. (j) interfere with information stored or transmitted electronically by any— (i) gaming machine; or (ii) linked jackpot arrangement; or (iii) electronic monitoring system; or (iv) player account equipment installed on or in a gaming machine; or (v) pre-commitment system; or (k) remove, alter or otherwise interfere with the electronic monitoring system or application software; or S. 3.5.11(1)(l) amended by No. 58/2009 s. 129(3). (l) remove or interfere with any mark or seal affixed to gaming equipment or monitoring equipment to preserve the integrity of operation of the gaming equipment or monitoring equipment; or (m) remove, alter or otherwise interfere with the manufacturer's identification plate or the manufacturer's serial number of a gaming machine; or (n) remove, alter or otherwise interfere with an identification label affixed to a gaming machine under section 3.5.8; or (o) affix any thing capable of being represented as being a label referred to in section 3.5.8 to a gaming machine or a device capable of being represented as being a gaming machine. S. 3.5.11(2) amended by No. 58/2009 s. 129(4). (2) If any of the matters referred to in subsection (1) have occurred, the person on whose premises the gaming equipment or monitoring equipment is located is guilty of an offence and liable to a penalty not exceeding 400 penalty units or imprisonment for 2 years or both. S. 3.5.11(3) amended by No. 68/2009 s. 97(Sch. item 62.11). (3) It is a defence to a prosecution for an offence against subsection (2) to prove that the accused or an employee or agent of the accused took reasonable precautions to ensure that this section was not contravened. (4) Nothing in this section applies to anything done by— S. 3.5.11(4)(a) amended by Nos 104/2004 s. 39(5)(d), 23/2025 s. 74(Sch. 1 item 2.9). (a) an inspector or the holder of a gaming industry employee's licence acting in the ordinary course of the inspector's or licence holder's duty; or (b) a person authorised in writing by the Commission. 3.5.12 Testing of electronic monitoring system (1) The Commission may test an electronic monitoring system to determine whether there is compliance with this Act and the regulations. (2) The Commission may test an electronic monitoring system under subsection (1)— (a) on its own motion if it has reasonable grounds; or S. 3.5.12(2)(b) amended by Nos 29/2009 s. 28(1), 28/2022 s. 38. (b) on request by the monitoring licensee. S. 3.5.12(2A) inserted by No. 60/2011 s. 27. (2A) The Commission, in approving an electronic monitoring system, or a variation to an electronic monitoring system under section 3.5.13, may require the monitoring licensee to engage a person listed on the Roll who is accredited by the Commission to test an electronic monitoring system to— (a) test the electronic monitoring system or the variation to the electronic monitoring system; and (b) make recommendations to the Commission on aspects of the electronic monitoring system or the variation to the electronic monitoring system, if the Commission requires. S. 3.5.12(2B) inserted by No. 60/2011 s. 27. (2B) If the Commission requires the monitoring licensee to engage a person to test and make recommendations about an electronic monitoring system or a variation to an electronic monitoring system under this section, the monitoring licensee must provide the Commission with the results of any tests conducted and the recommendations. S. 3.5.12(3) amended by Nos 29/2009 s. 28(1), 28/2022 s. 38. (3) The Commission may require the monitoring licensee to pay the reasonable costs of testing under this section. 3.5.13 Approval of electronic monitoring systems S. 3.5.13(1) amended by Nos 29/2009 s. 28(2), 28/2022 s. 39(a). (1) The monitoring licensee must not use an electronic monitoring system unless it has been approved by the Commission. S. 3.5.13(2) amended by Nos 29/2009 s. 28(2), 28/2022 s. 39(a). (2) The monitoring licensee must not use an electronic monitoring system which has been varied from the system approved by the Commission unless the variation has been approved by the Commission. S. 3.5.13(3) amended by Nos 29/2009 s. 28(2), 28/2022 s. 39(b). (3) The Commission may approve— (a) an electronic monitoring system; or (b) a variation to an electronic monitoring system— for use by the monitoring licensee. S. 3.5.13(3AA) inserted by No. 60/2011 s. 28(1). (3AA) The Commission may require the monitoring licensee to provide any additional information or material that the Commission considers necessary to decide whether to make an approval under subsection (3). S. 3.5.13(3AB) inserted by No. 60/2011 s. 28(1). (3AB) Additional information or material under subsection (3AA) includes the results of any tests conducted, or recommendations made, by a person listed on the Roll who is accredited by the Commission to test monitoring equipment. S. 3.5.13(3A) inserted by No. 58/2009 s. 58. (3A) In deciding whether to make an approval under subsection (3), the Commission must have regard to any relevant standards made under section 10.1.5A. S. 3.5.13(4) amended by No. 58/2009 s. 130. (4) The Commission, in approving an electronic monitoring system or in approving a variation to an electronic monitoring system, may take into account the certificate of a person listed on the Roll who is accredited by the Commission to test gaming equipment, monitoring equipment or games. S. 3.5.13(4A) inserted by No. 60/2011 s. 28(2). (4A) The Commission, in approving an electronic monitoring system or in approving a variation to an electronic monitoring system, may take into account additional information or material provided to the Commission under subsection (3AA). (5) The Commission may make an approval to use, or a variation of an approval to use, an electronic monitoring system subject to any conditions that it thinks fit. S. 3.5.14 amended by No. 104/2004 s. 39(5)(e)(f), repealed by No. 27/2013 s. 6. 3.5.15 Installation and storage of gaming machines S. 3.5.15(1) repealed by No. 28/2022 s. 40(a). S. 3.5.15(1A) inserted by No. 29/2009 s. 27(10). (1A) An entitlement holder— (a) must install a gaming machine to be used in the conduct of gaming under a gaming machine entitlement, or cause the machine to be installed, in a gaming machine area approved for that purpose by the Commission; and (b) must cause any gaming machines not so installed to be stored in a room approved by the Commission and secured in the manner approved by the Commission. S. 3.5.15(1B) inserted by No. 62/2017 s. 49(20). (1B) To avoid doubt, a reference in subsection (1A)(a) to a gaming machine area does not include a reference to a gaming machine area in a venue whose approval under Part 3 is suspended. S. 3.5.15(1C) inserted by No. 62/2017 s. 48. (1C) Subsection (1A) does not apply to an entitlement holder in relation to the conduct of gaming under a gaming machine entitlement that the entitlement holder has assigned to another venue operator. S. 3.5.15(2) amended by Nos 29/2009 s. 27(11), 58/2009 s. 131(1), 62/2017 s. 49(21), 28/2022 s. 40(b). (2) An entitlement holder who installs gaming equipment or monitoring equipment, or causes gaming equipment or monitoring equipment to be installed, at an approved venue (or at a venue whose approval under Part 3 is suspended) must give notice to the Commission of— S. 3.5.15(2)(a) amended by No. 58/2009 s. 131(2). (a) particulars of the gaming equipment or monitoring equipment; and (b) the date and time of commencement of gaming on the gaming equipment— not later than the next day on which the Commission is open for business after that commencement. (3) A notice under subsection (2) must be in a form approved by the Commission. (4) This section does not apply to the installation or storage of a gaming machine in a casino. S. 3.5.16 (Heading) substituted by No. 4/2014 s. 30. 3.5.16 Certificates of installation—gaming equipment and monitoring equipment S. 3.5.16(1) amended by Nos 104/2004 s. 39(5)(g), 58/2009 s. 132(1), 62/2017 s. 49(22). (1) The holder of a gaming industry employee's licence who installs gaming equipment or monitoring equipment at an approved venue (or at a venue whose approval under Part 3 is suspended) must— S. 3.5.16(1)(a) amended by No. 58/2009 s. 132(1). (a) certify, in a form approved by the Commission, that the gaming equipment or monitoring equipment is functioning in the manner in which it is designed and programmed to function; and (b) retain the certificate for a period of 12 months immediately following the date of signature. S. 3.5.16(1A) inserted by No. 62/2017 s. 49(23). (1A) If the holder of a gaming industry employee's licence installs gaming equipment or monitoring equipment at a venue whose approval under Part 3 is suspended, the holder must not sign the certificate under subsection (1) until that suspension ends. S. 3.5.16(2) amended by No. 104/2004 s. 39(5)(g). (2) The holder of a gaming industry employee's licence must not sign a certificate referred to in subsection (1) knowing it to be false. S. 3.5.16(3) amended by Nos 29/2009 s. 27(12), 58/2009 s. 132(1), 62/2017 s. 49(24), 28/2022 s. 41. (3) An entitlement holder who installs gaming equipment or monitoring equipment, or causes gaming equipment or monitoring equipment to be installed, at an approved venue (or at a venue whose approval under Part 3 is suspended) must certify, in a form approved by the Commission, that the equipment is functioning in the manner in which it is designed and programmed to function. S. 3.5.16(3A) inserted by No. 62/2017 s. 49(25). (3A) If an entitlement holder installs gaming equipment or monitoring equipment, or causes gaming equipment or monitoring equipment to be installed, at a venue whose approval under Part 3 is suspended, the holder must not sign the certificate under subsection (3) until that suspension ends. S. 3.5.16(4) amended by Nos 29/2009 s. 27(12), 28/2022 s. 41. (4) An entitlement holder must not sign a certificate referred to in subsection (3) knowing it to be false. S. 3.5.16(5) amended by Nos 29/2009 s. 27(12), 28/2022 s. 41. (5) An entitlement holder must not allow gaming to commence on gaming equipment in respect of which certificates under subsections (1) and (3)— (b) have been signed in contravention of subsection (2) or (4). S. 3.5.16(5A) inserted by No. 58/2009 s. 132(2). (5A) The monitoring licensee must ensure that gaming does not commence on gaming equipment that is connected to an electronic monitoring system operated by the licensee in respect of which certificates under subsections (1) and (3)— (b) have been signed in contravention of subsection (2) or (4). Penalty: 1000 penalty units. 3.5.17 Offence to play gaming machine not installed as authorised A person must not play or allow another person to play a gaming machine that is provided to a venue operator and that is not installed as required by sections 3.5.15 and 3.5.16. S. 3.5.17A inserted by No. 71/2008 s. 8, repealed by No. 28/2022 s. 42. S. 3.5.17B inserted by No. 29/2009 s. 29. 3.5.17B Gaming machines must be connected to approved electronic monitoring system A venue operator who is an entitlement holder must not allow a game to be played on a gaming machine of the venue operator unless the gaming machine is connected to the monitoring licensee's approved electronic monitoring system. S. 3.5.17C inserted by No. 60/2011 s. 29. 3.5.17C Offence to interfere with an electronic monitoring system (a) be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with monitoring equipment; or (b) do any act or thing calculated, or likely, to improperly interfere with monitoring equipment. Penalty: 1200 penalty units or imprisonment for 2 years or both. 3.5.18 Gaming only permitted in gaming machine areas (1) A venue operator must not allow a person to play a game on a gaming machine that is not placed in a gaming machine area. 3.5.19 Gaming tokens (1) A venue operator must use only gaming tokens in conducting gaming in the approved venue. (2) A venue operator must cause all transactions in respect of the sale or redemption of gaming tokens in the approved venue to be carried out in a manner that ensures the integrity of the transactions. 3.5.20 Malfunction of gaming machines S. 3.5.20(1) amended by Nos 104/2004 s. 39(5)(h), 58/2009 s. 133, 28/2022 s. 43(a). (1) A venue operator or holder of a gaming industry employee's licence must refuse to pay, or to allow payment to be made to, a person in respect of a bet made or gaming machine credits accumulated on a gaming machine if the operator or employee reasonably suspects that the gaming machine or any related gaming equipment or monitoring equipment failed to function in the manner in which it was designed and programmed to function. S. 3.5.20(2) amended by Nos 104/2004 s. 39(5)(i), 28/2022 s. 43(b). (2) The holder of a gaming industry employee's licence who refuses to pay or to allow payment to be made to a person in the circumstances referred to in subsection (1) must inform the venue operator as soon as practicable after the refusal. S. 3.5.20(3) amended by Nos 29/2009 s. 27(13), 28/2022 s. 43(c). (3) In the event of a dispute over a refusal to pay in the circumstances referred to in subsection (1), the entitlement holder must resolve the dispute in accordance with procedures approved by the Commission. 3.5.21 Defective gaming machines not allowed S. 3.5.21(1) amended by Nos 58/2009 s. 134(2), 28/2022 s. 44. (1) A venue operator must not allow a gaming machine that is installed in an approved venue of the venue operator to be played, other than for testing purposes, if— (a) it does not function in the manner in which it was designed and programmed to function; or S. 3.5.21(1)(b) amended by No. 58/2009 s. 134(1). (b) any related gaming equipment or monitoring equipment does not function in the manner in which it was designed and programmed to function in relation to that gaming machine— until the gaming machine, gaming equipment or monitoring equipment is functioning in the manner in which it was designed and programmed to function. S. 3.5.21(2) amended by No. 68/2009 s. 97(Sch. item 62.12). (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused— (a) had taken all reasonable precautions to ensure that the gaming machine was functioning in the manner in which it was designed and programmed to function; and (b) at the time of the alleged offence, did not know, and ought not to have known, that the gaming machine was not functioning in the manner in which it was designed and programmed to function. 3.5.22 After hours gaming (1) A person must not play a gaming machine in an approved venue at any time when the approved venue is closed to the public. (2) If a person is found guilty of an offence against subsection (1)— (a) all winnings (except linked jackpots) paid or payable to the person as a result of the commission of the offence are forfeited to the State; and (b) all linked jackpots paid or payable to the person as a result of the commission of the offence are to be returned to the jackpot special prize pool. (3) Winnings forfeited under subsection (2)(a)— (a) must be paid into the Consolidated Fund; and (b) must be included in the calculation of "daily net cash balance" for the purposes of section 3.6.6. 3.5.23 The Commission's rules (1) The Commission may make rules for or with respect to— (a) entry to gaming machine areas; and (b) dress requirements in gaming machine areas; and (c) sobriety in gaming machine areas; and (d) security in approved venues; and (e) services provided by venue operators; and (f) procedures for the resolution of disputes concerning payment of winnings from gaming in an approved venue; and (g) any other matter relevant to the conduct of gaming in an approved venue. (2) Rules under subsection (1) do not apply to gaming in a casino. (3) The Commission may make rules for or with respect to— (a) procedures for the resolution of disputes concerning payment of winnings from gaming in a casino; and (b) any other matter relevant to the conduct of gaming in a casino. Rules under subsection (3) only relate to gaming on gaming machines in a casino (see definition of ***gaming*** in section 3.1.2). Rules concerning table gaming and other forms of gaming in a casino are made under section 60 of the **Casino Control Act 1991**. (4) The Commission may repeal, revoke, rescind, amend, alter or vary a rule made under subsection (1) or (3). (5) The Commission must notify in writing each venue operator or casino operator of rules made under this section that apply to the venue operator or casino operator and any repeal, revocation, rescission, amendment, alteration or variation of those rules. (6) A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date that it is published in the Government Gazette. (7) The Commission must cause rules made under subsection (1), (3) or (4) to be published in the Government Gazette. 3.5.24 Disallowance of rules (1) Section 15 and Part 5 of the **Subordinate Legislation Act 1994** apply to a rule made under section 3.5.23 as if the rule were a statutory rule within the meaning of that Act, notice of the making of which had been published in the Government Gazette on the day on which the rule was so published. (2) A rule made under section 3.5.23 is subject to disallowance by a House of the Parliament. (3) If a rule is disallowed by a House of the Parliament, no rule which is the same in substance as the disallowed rule may be made within 6 months after the date of the disallowance, unless— (a) if the rule was disallowed by one House of the Parliament, that House approves the making of a rule the same in substance as the disallowed rule; or (b) if the rule was disallowed by both Houses of the Parliament, each House approves the making of a rule the same in substance as the disallowed rule. (4) Any regulation or rule made in contravention of subsection (3) is void. 3.5.25 Inspection of rules (1) A venue operator or casino operator must display a notice in accordance with this section informing patrons where a copy of rules under section 3.5.23 that apply to the venue operator or casino operator may be inspected. (2) The notice must— (b) contain the information determined by the Commission; and (c) be displayed in the manner or location determined by the Commission. (3) A venue operator or casino operator must allow a patron to inspect a copy of the rules on request. 3.5.26 Rules to be enforced A venue operator or casino operator must enforce or cause to be enforced rules made under section 3.5.23 that apply to the venue operator or casino operator. 3.5.27 Commission may give directions S. 3.5.27(1) amended by Nos 58/2009 s. 135(1), 28/2022 s. 45. (1) The Commission may give to the holder of a monitoring licence or a venue operator a written direction that relates to— S. 3.5.27(1)(a) substituted by No. 58/2009 s. 135(2). (a) as the case requires, the conduct of gaming or the conduct of monitoring; (b) the keeping or inspection of financial records; (c) the administration of the approved venue. S. 3.5.27(1A) inserted by No. 62/2017 s. 49(26). (1A) In subsection (1), a reference to an approved venue also refers to a venue whose approval under Part 3 is suspended. S. 3.5.27(2) substituted by No. 27/2013 s. 7(1). (2) A person to whom a direction is given under subsection (1) must comply with it as soon as it takes effect. Penalty: 25 penalty units. S. 3.5.27(3) amended by No. 27/2013 s. 7(2)(a). (3) The direction takes effect when the direction is given to the person or on a later date specified in the direction. S. 3.5.27(4) amended by No. 27/2013 s. 7(2)(b). (4) A direction under this section must not be inconsistent with this Act or the conditions of the applicable licence. (5) This section does not apply to a venue operator who is a casino operator. 3.5.28 Inducements, cheating etc. (1) A person (***the cheat***) must not dishonestly— (c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing— in relation to gaming or the conduct of gaming, induce a relevant person to deliver, give or credit to the cheat or any other person, any money, gaming tokens, benefit, advantage, valuable consideration or security. (2) A relevant person must not dishonestly— (c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing— in relation to gaming or the conduct of gaming, induce a person to deliver, give or credit to the relevant person or any other person, any money, gaming tokens, benefit, advantage, valuable consideration or security. (3) A person must not dishonestly cause gaming equipment to deliver, give or credit to the person or another person any gaming tokens, benefit, advantage, valuable consideration or security. (4) A person must not, for the purpose of cheating or stealing in relation to gaming or the conduct of gaming, use or be in possession of— (a) any gaming tokens that the person knows are bogus or counterfeit; or (b) any thing that permits or facilitates cheating or stealing. S. 3.5.28(5) def. of *relevant person* amended by Nos 104/2004 s. 39(5)(j), 28/2022 s. 46. (a) a venue operator or the holder of a gaming industry employee's licence; or (b) a person listed on the Roll; or (c) an associate of a person referred to in paragraph (a) or (b); or (d) a person acting on behalf of a person referred to in paragraph (a) or (b). (6) This section does not apply to a venue operator who is a casino operator. Ch. 3 Pt 5 Div. 2A (Heading and s. 3.5.28A) inserted by No. 30/2023 s. 26. Division 2A—Gaming hours S. 3.5.28A inserted by No. 30/2023 s. 26. 3.5.28A Gaming prohibited between 4:00 a.m. and 10:00 a.m. (1) A venue operator must not allow a gaming machine that is installed in an approved venue of the venue operator to be played at any time between the hours of 4:00 a.m. and 10:00 a.m. on any day. Division 3—Responsible gaming measures Ch. 3 Pt 5 Div. 3 Subdiv. 1 (Heading) inserted by No. 29/2009 s. 78. Subdivision 1—General measures 3.5.29 Banning large denomination note acceptors and autoplay facilities S. 3.5.29(1) amended by Nos 29/2009 s. 27(14), 28/2022 s. 47. (1) An entitlement holder must not allow a game to be played on a gaming machine that accepts banknotes with a denomination greater than $50. S. 3.5.29(2) amended by Nos 29/2009 s. 27(14), 28/2022 s. 47. (2) An entitlement holder must not allow a game to be played on a gaming machine unless each spin can be initiated only by a distinct and separate activation of the machine by the player (whether by pushing a play button, touching the screen or otherwise). S. 3.5.29(3) amended by No. 29/2009 s. 27(14), repealed by No. 58/2009 s. 59. 3.5.30 Spin rates S. 3.5.30(1) amended by Nos 29/2009 s. 27(15), 28/2022 s. 47, 18/2025 s. 5(1). (1) An entitlement holder must not allow a game to be played on a gaming machine that is of a type approved by the Commission under section 3.5.4 before 1 December 2025 or an earlier day declared by the Minister under subsection (2) if the spin rate of the game is less than 2⋅14 seconds. S. 3.5.30(2) amended by No. 29/2009 s. 27(15), repealed by No. 58/2009 s. 60, new s. 3.5.30(2) inserted by No. 18/2025 s. 5(2). (2) An entitlement holder must not allow a game to be played on a gaming machine that is of a type approved by the Commission under section 3.5.4 on or after 1 December 2025 or an earlier day declared by the Minister by notice published in the Government Gazette if the spin rate of the game is less than 3 seconds. 3.5.31 Credit etc. A person who— (a) holds a licence under this Act; or S. 3.5.31(b) substituted by No. 29/2009 s. 27(16), repealed by No. 28/2022 s. 48. S. 3.5.31(c) inserted by No. 29/2009 s. 27(16). (c) is an entitlement holder— must not make a loan or extend credit in any form, to any person to enable that person or any other person to play a gaming machine in an approved venue. S. 3.5.32 substituted by No. 62/2017 s. 90. 3.5.32 Cashing of cheques (1) A person must not, at an approved venue, give another person cash or other gaming tokens in exchange for a cheque. (2) A venue operator must not allow another person to give, at an approved venue, cash or other gaming tokens to a third person in exchange for a cheque. (3) A person must not publish at an approved venue, or cause to be published at an approved venue, any advertising for a cheque cashing service. (4) A venue operator must not allow a person to publish at an approved venue, or cause to be published at an approved venue, any advertising for a cheque cashing service. (5) Subsections (2) and (4) do not apply to a venue operator who is a casino operator. ***approved venue*** has the meaning given by section 3.5.33B; ***cheque cashing service*** means the service of providing, for a fee or for other consideration, cash or other gaming tokens in exchange for a cheque. S. 3.5.32A inserted by No. 72/2007 s. 13, repealed by No. 29/2009 s. 80. S. 3.5.33 (Heading) substituted by No. 39/2007 s. 11(1), amended by No. 62/2017 s. 91(1). 3.5.33 Payment of accumulated credits by cheque or electronic funds transfer S. 3.5.33(1) amended by No. 7/2006 s. 4, substituted by No. 39/2007 s. 11(2), amended by Nos 62/2017 s. 91(2), 28/2022 s. 49, substituted by No. 23/2025 s. 59(1). (1) If a person has $2000 or more worth of accumulated credits on a gaming machine, the venue operator must not pay out, or allow another person to pay out, any of those credits except— (a) by cheque in accordance with subsection (2); or (b) by electronic funds transfer in accordance with subsection (3). S. 3.5.33(2) amended by Nos 7/2006 s. 4., 39/2007 s. 11(3), 28/2022 s. 49. (2) A venue operator must, at the request of a person, pay out any accumulated credits from a gaming machine to the person by cheque that is not payable to cash. S. 3.5.33(2A) inserted by No. 23/2025 s. 59(2). (2A) Subsection (2) does not apply to a venue operator who does not have the facilities to provide cheques. S. 3.5.33(3) substituted by Nos 62/2017 s. 91(3), 28/2022 s. 140(1). (3) A venue operator must— (a) at the request of a person, pay out any accumulated credits from a gaming machine to the person by electronic funds transfer; and (b) if at least $2000 is to be transferred, ensure that those funds are not transferred until at least 24 hours after the request. S. 3.5.33(3A) inserted by No. 72/2007 s. 14, substituted by No. 62/2017 s. 91(3). (3A) Subsection (3) does not apply to a venue operator who does not have the facilities to make the electronic funds transfer described in that subsection. S. 3.5.33(3B) inserted by No. 72/2007 s. 14, repealed by No. 62/2017 s. 91(4), new s. 3.5.33(3B) inserted by No. 18/2025 s. 6. (3B) A venue operator must not pay out, or allow another person to pay out, accumulated credits of $2000 or more from a gaming machine to a person unless the venue operator first verifies the person's identity in accordance with the prescribed requirements. Note to s. 3.5.33(4) inserted by No. 28/2022 s. 140(2). See section 81AAB of the **Casino Control Act 1991** in relation to the payment of winnings by cheque or electronic funds transfer by a casino operator. S. 3.5.33(5) inserted by No. 39/2007 s. 11(4). ***accumulated credits*** means the amount of credits standing on any one gaming machine, whether initially credited to the machine or accumulated through play. S. 3.5.33A inserted by No. 72/2007 s. 15. 3.5.33A Playing of gaming machines by intoxicated persons prohibited A venue operator must not knowingly allow a person who is in a state of intoxication to play a gaming machine. 1. 40 penalty units. Intoxication is defined in section 1.3A. Ch. 3 Pt 5 Div. 3 Subdiv. 2 (Heading) substituted by No. 62/2017 s. 93. Ch. 3 Pt 5 Div. 3 Subdiv. 2 (Heading and ss 3.5.33B–3.5.33N) inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). Subdivision 2—Cash facilities S. 3.5.33B inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33B Definitions In this Subdivision— ***approval*** means an approval granted under section 3.5.33F; ***approved venue***, where that venue is not on a racecourse, includes— (a) the exterior walls of the venue; and (b) any land that is owned or leased (under a retail lease or otherwise) by the venue operator on which the venue is located; and (c) any car park owned or occupied by the venue operator and used primarily by patrons of the venue; ***default conditions*** means the conditions specified under section 3.5.33H; ***Ministerial direction*** means a direction of the Minister under section 3.5.33G. S. 3.5.33C inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29), substituted by No. 62/2017 s. 94. 3.5.33C Prohibitions on certain cash facilities—approved venue not on a racecourse (1) This section— (a) applies in relation to an approved venue that is not on a racecourse; and (b) does not apply to a venue operator who is a casino operator. (2) The venue operator must not provide, or allow another person to provide on the venue operator's behalf, a cash facility in the approved venue other than— (a) an automatic teller machine— (i) for which the venue operator holds an approval under this Subdivision; and (ii) that is provided in accordance with the approval; or (b) an EFTPOS facility that complies with subsection (3). (3) An EFTPOS facility complies with this subsection if it does not allow a person to do any of the following by means of the facility— (a) obtain an amount of cash exceeding $500 on any one debit or credit card within a 24 hour period; (b) obtain an amount of cash exceeding $200 in any one transaction on any one debit or credit card; (c) obtain a cash advance from a credit account. (4) The venue operator must ensure that a person is not able to obtain cash at the approved venue from an EFTPOS facility without the facility being operated by a person employed or engaged by the venue operator (including by entering the amount of the funds to be obtained). S. 3.5.33D inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29), substituted by No. 62/2017 s. 95. 3.5.33D Prohibitions on certain cash facilities—gaming machine area in approved venue on a racecourse (1) This section applies in relation to the following area (the ***applicable area***)— (a) the gaming machine area of an approved venue that is on a racecourse; (b) each area that is less than 50 metres walking distance away from an entrance to the gaming machine area. (2) The venue operator must not provide, or allow another person to provide on the venue operator's behalf, a cash facility in the applicable area other than an EFTPOS facility that complies with subsection (3). (3) An EFTPOS facility complies with this subsection if it does not allow a person to do any of the following by means of the facility— (a) obtain an amount of cash exceeding $500 on any one debit or credit card within a 24 hour period; (b) obtain an amount of cash exceeding $200 in any one transaction on any one debit or credit card; (c) obtain a cash advance from a credit account. (4) The venue operator must ensure that a person is not able to obtain cash in the applicable area from an EFTPOS facility without the facility being operated by a person employed or engaged by the venue operator (including by entering the amount of the funds to be obtained). (5) Section 43 of the **Interpretation of Legislation Act 1984** does not apply to the measurement of any distance for the purposes of subsection (1). S. 3.5.33DA inserted by No. 62/2017 s. 96. 3.5.33DA Prohibitions on certain cash facilities—other areas in approved venue on a racecourse (1) This section— (a) applies in relation to an approved venue that is on a racecourse; but (b) does not apply in relation to an area to which section 3.5.33D applies. (2) The venue operator must not provide, or allow another person to provide on the venue operator's behalf, a cash facility in the approved venue that does not comply with subsection (3). (3) A cash facility complies with this subsection if it does not allow a person to do any of the following by means of the facility— (a) obtain an amount of cash exceeding $200 in any one transaction on any one debit or credit card; (b) obtain a cash advance from a credit account. S. 3.5.33E inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33E Application for approval (1) A venue operator may apply to the Commission for an approval to provide, or for another person to provide on its behalf, an automatic teller machine in an approved venue. (2) An application for an approval must— (a) be in a form approved by the Commission; and (b) contain or be accompanied by any additional information the Commission requires; and (c) be accompanied by the prescribed fee (if any). S. 3.5.33E(3) inserted by No. 62/2017 s. 49(27). (3) An application for an approval may be made in respect of a venue whose approval under Part 3 is suspended. S. 3.5.33F inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33F Approvals (1) Subject to this section, on receipt of an application under section 3.5.33E, the Commission may grant or refuse to grant an approval. (2) The Commission must not grant an approval unless— S. 3.5.33F (2)(a) amended by No. 62/2017 s. 101(5). (a) the approved venue in which the venue operator proposes to place or allow to be placed an automatic teller machine is or will be situated outside metropolitan Melbourne; and (b) the Commission is satisfied that the community in which the approved venue is or will be situated would, if the approval is not granted— (i) have no reasonable alternative access to cash facilities; and (ii) suffer hardship. (3) For the purpose of being satisfied under subsection (2)(b), the Commission— (a) must apply any criteria specified in a Ministerial direction; and (b) must take into account any other matters specified in a Ministerial direction; and (c) may take into account any other matter it considers relevant. (4) The Commission must— (a) notify, in writing, the venue operator of its decision under this section; and (b) publish notice of the granting of an approval in the Government Gazette under this section. (5) An approval comes into effect on the day notice of its granting is published in the Government Gazette or on a later date specified in the notice. (6) An approval remains in force until revoked by the Commission under this Subdivision. S. 3.5.33F(7) inserted by No. 62/2017 s. 49(28). (7) This section applies in relation to a venue whose approval under Part 3 is suspended in the same way that it applies in relation to an approved venue. S. 3.5.33G inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33G Ministerial directions as to approvals (1) The Minister may give a written direction to the Commission in relation to— (a) criteria the Commission must apply for the purpose of section 3.5.33F(2)(b); (b) any other matters that the Commission must take into account for the purpose of section 3.5.33F(2)(b). (2) The Commission, as soon as possible after receiving a direction under this section, must publish the direction in the Government Gazette. S. 3.5.33H inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33H Conditions of approvals (1) Every approval is subject to the following conditions (***default conditions***)— (a) it is a condition of the approval that the automatic teller machine to which the approval applies has a withdrawal limit of not more than $200 for every transaction; S. 3.5.33H(1)(ab) inserted by No. 62/2017 s. 97. (ab) it is a condition of the approval that the automatic teller machine to which the approval applies does not allow a person to obtain an amount of cash exceeding $500 on any one debit or credit card within a 24 hour period; (b) it is a condition of the approval that the automatic teller machine to which the approval applies does not allow cash advances from credit accounts; (c) it is a condition of the approval that the automatic teller machine to which the approval applies is not located within the gaming machine area of the approved venue; (d) a condition that is prescribed. (2) The Commission may grant an approval subject to any further conditions the Commission considers fit. (3) The further conditions that the Commission may impose on an approval under subsection (2) may relate to, but are not restricted to, the following— (a) specifying the location of or providing further restrictions on the location of automatic teller machines at the approved venue; (b) specifying the times when automatic teller machines may or must be available for use at the approved venue; (c) the number of automatic teller machines that may be installed and used at the approved venue; (d) any further withdrawal limits to apply to automatic teller machines at the approved venue. (4) However, a condition imposed by the Commission under subsection (2) must not be inconsistent with any default condition. S. 3.5.33I inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33I Amendment of conditions of approvals—Applications by venue operators (1) A venue operator who holds an approval may apply to the Commission for an amendment to, or a revocation or a substitution of, a condition of the approval. (2) An application under subsection (1) cannot be made in respect of a default condition. (3) Sections 3.5.33E to 3.5.33H apply to an application under subsection (1)— (a) as if a reference to an application for an approval were an application under subsection (1); and (b) as if a reference to a decision granting or refusing to grant an approval were a reference to a decision amending, or revoking or substituting, or a refusal to amend, or revoke or substitute, a condition of an approval (as the case may be); and (c) with any other modifications that are necessary. S. 3.5.33J inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33J Review of approvals (1) The Commission must review an approval and the conditions that apply to that approval— (a) not less than once every 5 years after that approval has taken effect; and (b) within 90 days after the Commission becomes aware that there has been a change in access to cash facilities in the community in which the approved venue to which the approval relates is situated. (2) The Commission must notify, in writing, the venue operator who is the holder of the approval of the Commission's review. (3) A venue operator may make a written submission in relation to a review within 28 days after being notified of the review. (4) The Commission must consider any submission it receives under subsection (3) in conducting a review. (5) Following a review, the Commission may decide that— (a) the approval be revoked; or (b) the approval not be revoked; or (c) that a condition of the approval be amended, revoked or substituted. (6) The Commission must— (a) give the venue operator written notice of its decision under this section; and (b) if the decision is that the approval is revoked or a condition of the approval is amended, revoked or substituted, publish a notice to that effect in the Government Gazette. (7) If the Commission decides to revoke an approval or amend, revoke or substitute a condition of the approval, that revocation, amendment or substitution (as the case may be) takes effect 90 days after the Commission notifies the venue operator who is the holder of the approval of its decision under subsection (6)(a). S. 3.5.33K inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33K Amendment of conditions of approvals—By the Commission The Commission may, on its initiative, amend revoke or substitute a condition of the approval only after a review of the approval under section 3.5.33J. S. 3.5.33L inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33L Functions and powers under this Subdivision may be performed or exercised by a single Commissioner A function of the Commission under this Subdivision may be performed by any Commissioner. S. 3.5.33M inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33M Appeal (1) If a decision to refuse to grant an approval under this Subdivision, or a decision to amend, or revoke or substitute a condition of an approval under this Subdivision, is made by a single commissioner, the venue operator may appeal against the decision to the Commission within 28 days of notification of the decision. (b) in the case of a decision to refuse to grant an approval—grant the approval, subject to conditions; (c) in the case of a decision to amend, or revoke or substitute a condition of an approval—make a decision not to amend, revoke or substitute the condition. (a) must be notified in writing to the applicant; (5) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against. S. 3.5.33N inserted by No. 29/2009 s. 79 (as amended by Nos 60/2011 ss 72, 73, 32/2012 ss 25–29). 3.5.33N No compensation payable No compensation is payable by the State to any person because of the operation of this Subdivision. Ch. 3 Pt 5 Div. 3 Subdiv. 3 (Heading and ss 3.5.33O–3.5.33Q) inserted by No. 62/2017 s. 88. Subdivision 3—Cashless gaming S. 3.5.33O inserted by No. 62/2017 s. 88. 3.5.33O Subdivision does not apply to casino operator This Subdivision does not apply to a venue operator who is a casino operator. S. 3.5.33P inserted by No. 62/2017 s. 88. 3.5.33P Prohibition on inducements involving cashless gaming (1) A venue operator must not offer a non-cash gaming token as an inducement to gamble. (2) A venue operator must not offer to increase the value of a non-cash gaming token as an inducement to gamble. (3) A person must not induce, or attempt to induce, a person to choose to have winnings or accumulated credits paid out as or by way of a non-cash gaming token. (4) In subsection (3)— ***accumulated credits*** has the same meaning as in section 3.5.33. S. 3.5.33Q inserted by No. 62/2017 s. 88. 3.5.33Q Prohibition on credit facilities relating to cashless gaming A venue operator must not provide, or allow a person to provide, facilities by which a cash advance from a credit account can be used— (a) to obtain a non-cash gaming token; or (b) to increase the value of a non-cash gaming token. Ch. 3 Pt 5 Div. 3 Subdiv. 4 (Heading and ss 3.5.33R–3.5.33T) inserted by No. 18/2025 s. 7. Subdivision 4—Carded play S. 3.5.33R inserted by No. 18/2025 s. 7. 3.5.33R Application of Subdivision (1) This Subdivision applies on and after 1 December 2025 or the earlier day declared by the Minister under subsection (2). (2) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this Subdivision applies. (3) The Minister may declare different days for the purposes of different provisions in this Subdivision. (4) This Subdivision does not apply to, or in relation to, a casino operator. S. 3.5.33S inserted by No. 18/2025 s. 7. 3.5.33S Player card must meet prescribed requirements A venue operator must not issue a player card to a person unless that player card meets the prescribed requirements. S. 3.5.33T inserted by No. 18/2025 s. 7. 3.5.33T Identity verification when issuing player cards A venue operator must not issue a player card to a person unless the venue operator has verified the person's identity in accordance with the prescribed requirements (if any). Division 4—Gaming machine advertising S. 3.5.34AA inserted by No. 29/2009 s. 63(1). 3.5.34AA Prohibition on publishing gaming machine advertising by or on behalf of venue operators and casino operators (1) A venue operator must not publish or cause to be published any gaming machine advertising outside the gaming machine area of an approved venue. (2) A casino operator must not publish or cause to be published any gaming machine advertising outside the boundaries of a casino. S. 3.5.34AA(3) amended by No. 29/2011 s. 3(Sch. 1 item 42.1). (3) A person must not, on behalf of a venue operator, publish or cause to be published any gaming machine advertising outside the gaming machine area of an approved venue. (4) A person must not, on behalf of a casino operator, publish or cause to be published any gaming machine advertising outside the boundaries of a casino. (5) Despite subsection (1), (2), (3) or (4)— (a) a loyalty scheme provider may, subject to section 3.5.40, disseminate gaming machine advertising to a participant in the loyalty scheme; (b) a venue operator or casino operator, or a person acting on behalf of a venue operator or casino operator may disseminate gaming machine advertising to a person who requested, in writing, gaming machine advertising from the operator or person. (6) Nothing in this section prohibits the publication of— (a) any notice or information that is required by another provision of this Act or by the Commission to be published by or on behalf of a venue operator or casino operator; or (b) any notice, information or gaming machine related sign permitted under section 3.5.35; or S. 3.5.34AA (6)(ba) inserted by No. 29/2009 s. 63(3). (ba) a responsible gambling sign; or (c) advertising that contains any prescribed term, expression, symbol or other thing. S. 3.5.34AA(7) repealed by No. 79/2011 s. 32(1). (8) In this section— ***gaming machine advertising*** means any form of advertising that contains any information, term, expression, symbol or other thing associated with gaming machines, but does not include— (a) any thing about, or the advertisement of services relating to, problem gambling; or (b) technical information relating to the operation of a gaming machine; ***publish*** includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers). (9) For the purposes of the definition of ***gaming machine advertising*** in subsection (8), information or a term, expression, symbol or other thing is taken to be associated with gaming machines if a reasonable person with ordinary knowledge who is a resident of Victoria would consider it to be associated with gaming machines. S. 3.5.34AB inserted by No. 29/2009 s. 63(1), amended by Nos 29/2009 s. 63(3), 79/2011 s. 32(2), repealed by No. 28/2022 s. 50. S. 3.5.34AC inserted by No. 4/2014 s. 31. 3.5.34AC Prohibition on printing gaming machine advertising on player cards (1) A loyalty scheme operator, venue operator or casino operator must not print or cause to be printed any gaming machine advertising on a player card. (2) A person must not, on behalf of a loyalty scheme provider, venue operator or casino operator, print or cause to be printed any gaming machine advertising on a player card. (3) Nothing in this section prohibits the printing of any of the following information on a player card— (a) the name of a loyalty scheme, casino or approved venue; (b) the contact details of a loyalty scheme provider, casino operator or approved venue; (c) a prescribed term, expression, symbol or other thing. (a) ***gaming machine advertising*** has the same meaning as in section 3.5.34AA; and (b) section 3.5.34AA(9) applies for the purposes of the definition of ***gaming machine advertising***. S. 3.5.34 (Heading) amended by No. 29/2009 s. 64(1). 3.5.34 Prohibition on publishing gaming machine advertising by others S. 3.5.34(1AA) inserted by No. 29/2009 s. 64(2), substituted by No. 28/2022 s. 51. (1AA) This section does not apply to— (a) a venue operator or casino operator; or (b) a person acting on behalf of a venue operator or casino operator. S. 3.5.34(1) amended by Nos 29/2009 s. 64(3), 62/2017 s. 49(29). (1) A person must not publish or cause to be published any gaming machine advertising outside the gaming machine area of an approved venue (or a venue whose approval under Part 3 is suspended) or the boundaries of a casino. S. 3.5.34(2) amended by No. 29/2009 s. 64(3). (2) A person must not enter into, or extend the duration of, any contract or arrangement for the publication of gaming machine advertising outside the gaming machine area of an approved venue or the boundaries of a casino. (3) Any such contract or arrangement entered into or extended has no effect. (4) Despite subsection (1) or (2)— (a) a loyalty scheme provider may, subject to section 3.5.40, disseminate gaming machine advertising to a participant in the loyalty scheme; (b) any person may disseminate gaming machine advertising to a person who requested gaming machine advertising from the person. S. 3.5.34(5) repealed by No. 79/2011 s. 32(3). ***gaming machine advertising*** means any form of advertising that promotes or is intended to promote the playing of gaming machines, but does not include— (a) information about, or the advertisement of services relating to, problem gambling; or (b) technical information relating to the operation of a gaming machine; ***publish*** includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers). 3.5.35 Prohibition on displaying gaming machine related signs (1) A person must not display or cause to be displayed any gaming machine related sign. (2) A person must not enter into, or extend the duration of, any contract or arrangement for displaying a gaming machine related sign that is displayed in contravention of subsection (1). (3) Any such contract or arrangement entered into or extended has no effect. S. 3.5.35(4) repealed by No. 79/2011 s. 32(4). ***gaming machine related sign*** means any sign (whether consisting of words, symbols, pictures or any other thing)— (a) that draws attention to, or can reasonably be taken to draw attention to, the availability of gaming machines for gaming; or (b) that uses a term or expression frequently associated with gaming machines— but does not include any sign that is excluded from the operation of this section by the regulations. S. 3.5.35A inserted by No. 29/2009 s. 63(4). 3.5.35A Responsible gambling signs (1) A venue operator must display, or cause to be displayed, outside every entrance to a gaming machine area of an approved venue a responsible gambling sign. Division 5—Loyalty schemes S. 3.5.35B inserted by No. 20/2018 s. 63. 3.5.35B Definition ***active participant*** means a person who played a gaming machine under a loyalty scheme during the statement period of a player activity statement to be provided in accordance with section 3.5.37. S. 3.5.36 substituted by No. 4/2014 s. 32. 3.5.36 Preconditions for allowing participation in loyalty scheme (1) A venue operator must not allow a person to participate in a loyalty scheme at the approved venue unless— (a) the person has been given a written statement that complies with section 3.5.36A by— (i) if the loyalty scheme is conducted by the venue operator, the venue operator; or (ii) in any other case, either the venue operator or the loyalty scheme provider; and (b) the person has agreed to receive player activity statements relating to the playing of games under the scheme. (2) A casino operator must not allow a person to participate in a loyalty scheme at the casino unless— (a) the person has been given a written statement that complies with section 3.5.36A by— (i) if the loyalty scheme is conducted by the casino operator, the casino operator; or (ii) in any other case, either the casino operator or the loyalty scheme provider; and S. 3.5.36(2)(b) amended by No. 42/2022 s. 52(1)(a). (b) the person has agreed to receive player activity statements relating to the playing of games under the scheme; and S. 3.5.36(2)(c) inserted by No. 42/2022 s. 52(1)(b). (c) to the extent that the loyalty scheme relates to the playing of gaming machines in the casino— (i) an account has been established for the person for the purposes of the pre-commitment system and that account is linked to the person's player card; and (ii) any gaming machine played under the loyalty scheme is played using a player card to which the account is linked. S. 3.5.36(3) inserted by No. 42/2022 s. 52(2). (3) A casino operator must not allow a person to accrue any bonus, loyalty or reward points on a player card from playing a game on a gaming machine in the casino unless the player card is linked to an account established for the person for the purposes of the pre-commitment system. S. 3.5.36(4) inserted by No. 42/2022 s. 52(2). (4) Subsections (2) and (3) do not apply at any time on or after 1 December 2025 or the earlier day declared by the Minister under subsection (5). S. 3.5.36(5) inserted by No. 42/2022 s. 52(2). (5) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which subsections (2) and (3) do not apply. S. 3.5.36(6) inserted by No. 42/2022 s. 52(2). (6) The Minister may declare different days in relation to different types of games or different types of gaming machines. S. 3.5.36A inserted by No. 4/2014 s. 33. 3.5.36A Content of written statement (1) A written statement referred to in section 3.5.36(1)(a) or (2)(a) must contain the prescribed information (if any). S. 3.5.36A(2) repealed by No. 23/2025 s. 8(a). (3) A written statement referred to in section 3.5.36(1)(a) or (2)(a) that is given on or after 1 December 2015 must also— S. 3.5.36A (3)(a) amended by No. 23/2025 ss 8(b), 74(Sch. 1 item 2.10). (a) if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system, inform the person receiving the statement of the person's ability to set a time limit or net loss limit under the system; or S. 3.5.36A (3)(b) amended by No. 23/2025 s. 74(Sch. 1 item 2.10). (b) otherwise, inform the person receiving the statement of the person's rights under section 3.5.36B. S. 3.5.36B inserted by No. 4/2014 s. 33. 3.5.36B Setting limits under loyalty scheme (1) A participant in a loyalty scheme may at any time, by notifying the loyalty scheme provider, set— (a) a limit on the amount of time, in any 24 hour period determined by the provider, that the participant may play games under the scheme; and (b) a limit on the participant's net loss on games played under the scheme in any 24 hour period determined by the provider; and (c) if the participant has set a limit under paragraph (b), a limit on the participant's net loss on games played under the scheme in any year determined by the provider. (2) If the participant has previously set a limit under subsection (1), any new limit set by the participant that increases the amount of time or net loss does not take effect until the time determined by the loyalty scheme provider, which must be at least 24 hours after the participant has notified the loyalty scheme provider of the new limit. (3) A loyalty scheme provider must not allow a participant to continue playing games under the scheme after a limit set by the participants under subsection (1) has been reached. S. 3.5.36B(4) amended by No. 23/2025 s. 9(1). (4) This section does not apply on and after 1 December 2015 if the Minister directs the monitoring licensee, under section 3.8A.2, to provide, operate and maintain a pre‑commitment system or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system. Note to S. 3.5.36B(4) amended by No. 23/2025 s. 9(2). The pre-commitment system that the monitoring licensee must provide in accordance with that direction or condition provides for players of gaming machines to track, and set a time limit or net loss limit on, their playing of gaming machines. S. 3.5.36C inserted by No. 4/2014 s. 33. 3.5.36C Excluded persons (1) A loyalty scheme provider must not knowingly allow an excluded person to participate in the scheme at a casino. (2) If a loyalty scheme is being provided in a casino by someone other than the casino operator, the casino operator must not knowingly allow an excluded person to participate in the scheme at the casino. (3) A loyalty scheme provider must not knowingly allow a person who has excluded themselves from an approved venue to participate in the scheme at the venue. (4) If a loyalty scheme is being provided in an approved venue by someone other than the venue operator, the venue operator must not knowingly allow a person who has excluded themselves from the venue to participate in the scheme at the venue. (5) A loyalty scheme provider who conducts a loyalty scheme at a casino must remove a participant from the scheme if the participant becomes an excluded person. ***excluded person*** means a person who is the subject of an exclusion order or interstate exclusion order (within the meaning of the **Casino Control Act 1991**). S. 3.5.36D inserted by No. 4/2014 s. 33. 3.5.36D Loyalty scheme must use same equipment as pre-commitment system S. 3.5.36D(1) amended by No. 23/2025 s. 10. (1) This section applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system. (2) On and after 1 December 2015, a venue operator must not conduct, or allow to be conducted, a loyalty scheme in the approved venue that— (a) allows a player to accumulate bonus, loyalty or reward points from playing gaming machines other than by using a player card; or S. 3.5.36D (2)(b) amended by No. 23/2025 s. 74(Sch. 1 item 2.11). (b) allows a player to track the player's expenditure on a gaming machine other than by using a player card; or (c) involves the use of any of the following equipment unless that equipment is also used for the purposes of the pre‑commitment system— (i) a card reader installed on or in a gaming machine; (ii) an interactive display screen installed on or in a gaming machine; (iii) a kiosk; (iv) any other prescribed equipment. (3) On and after 1 December 2015, a casino operator must not conduct, or allow to be conducted, a loyalty scheme in the casino that— (a) allows a player to accumulate bonus, loyalty or reward points from playing gaming machines other than by using a player card; or S. 3.5.36D (3)(b) amended by No. 23/2025 s. 74(Sch. 1 item 2.11). (b) allows a player to track the player's expenditure on a gaming machine other than by using a player card; or (c) involves the use of any of the following equipment unless that equipment is also used for the purposes of the pre‑commitment system— (i) a card reader installed on or in a gaming machine; (ii) an interactive display screen installed on or in a gaming machine; (iii) a kiosk; (iv) any other prescribed equipment. ***card reader***, ***interactive display screen*** and ***kiosk*** have the same meanings as in section 3.8A.1. S. 3.5.37 (Heading) amended by No. 20/2018 s. 64(1). 3.5.37 Player activity statements—active participants S. 3.5.37(1) amended by No. 20/2018 s. 64(2). (1) At least once each year, a loyalty scheme provider must provide each active participant with a player activity statement containing the prescribed information— S. 3.5.37(1)(a) amended by No. 20/2018 s. 64(2)(b). (a) by sending the statement to the active participant by post, fax, e-mail or other electronic communication; or S. 3.5.37(1)(b) amended by No. 20/2018 s. 64(2)(b). (b) by making the statement available for collection by the active participant— (i) if the provider is a venue operator—at the approved venue; or (ii) if the provider is a casino operator—at the casino; or S. 3.5.37 (1)(b)(iii) amended by No. 20/2018 s. 64(2)(b). (iii) in any other case—at an approved venue nominated by the active participant— at the election of the active participant. S. 3.5.37(2) amended by Nos 20/2018 s. 64(3), 23/2025 s. 74(Sch. 1 item 2.12). (2) If the active participant has elected to collect their player activity statement from an approved venue or casino, the loyalty scheme provider must, within 7 days after the statement is prepared, send the active participant, by post, fax, e-mail or other electronic communication, notice that the statement is available for collection. S. 3.5.37(3) amended by No. 20/2018 s. 64(4). (3) A notice under subsection (2) must advise the active participant of the provisions of section 3.5.38. S. 3.5.37(4) amended by Nos 20/2018 s. 64(5), 23/2025 s. 74(Sch. 1 item 2.12). (4) If an active participant requests an additional copy of their player activity statement, the loyalty scheme provider must provide it to the active participant on payment of the fee (if any), not exceeding $20, determined by the provider. S. 3.5.37(5) inserted by No. 42/2022 s. 53. (5) This section does not apply at any time on or after 1 December 2025, or the earlier day declared by the Minister under subsection (6), in relation to a loyalty scheme provider who is a casino operator. S. 3.5.37(6) inserted by No. 42/2022 s. 53. (6) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section does not apply in relation to a loyalty scheme provider who is a casino operator. S. 3.5.37(7) inserted by No. 42/2022 s. 53. (7) The Minister may declare different days in relation to different types of games or different types of gaming machines. S. 3.5.37A inserted by No. 20/2018 s. 65. 3.5.37A Player activity statement—participants who are not active participants (1) A participant in a loyalty scheme, who is not an active participant, may request the loyalty scheme provider to provide a player activity statement to the participant in the same form and manner set out in section 3.5.37. (2) The loyalty scheme provider must provide the player activity statement to the participant— (a) free of charge for a first request made under subsection (1) for that statement; or (b) on the payment of a fee (if any), not exceeding $20, determined by the provider, if a subsequent request is made under subsection (1) for an additional copy of that statement. S. 3.5.37A(3) inserted by No. 42/2022 s. 54. (3) This section does not apply at any time on or after 1 December 2025, or the earlier day declared by the Minister under subsection (4), in relation to a loyalty scheme provider who is a casino operator. S. 3.5.37A(4) inserted by No. 42/2022 s. 54. (4) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section does not apply in relation to a loyalty scheme provider who is a casino operator. S. 3.5.37A(5) inserted by No. 42/2022 s. 54. (5) The Minister may declare different days in relation to different types of games or different types of gaming machines. 3.5.38 Suspension of person who fails to collect their player activity statement S. 3.5.38(1) amended by Nos 20/2018 s. 66(1), 42/2022 s. 55(1). (1) Subject to subsection (5), this section applies to an active participant in a loyalty scheme who has elected to collect their player activity statements from an approved venue or casino. S. 3.5.38(2) amended by No. 20/2018 s. 66(2), substituted by No. 42/2022 s. 55(2). (2) If an active participant does not collect their player activity statement within 3 months after the day on which notice of the availability of the statement is sent to the participant under section 3.5.37(2), the loyalty scheme provider must suspend the participant from accruing any bonus, loyalty or reward points from playing gaming machines under the scheme until the participant— (a) collects the statement; or (b) elects to receive the statement by another method. S. 3.5.38(3) amended by No. 20/2018 s. 66(3), repealed by No. 42/2022 s. 55(3)(a). S. 3.5.38(4) amended by Nos 20/2018 s. 66(4), 42/2022 s. 55(3)(b). (4) A loyalty scheme provider must send written notice, by post, fax, e-mail or other electronic communication, to an active participant who is suspended under subsection (2). S. 3.5.38(5) inserted by No. 42/2022 s. 55(4). (5) This section does not apply at any time on or after 1 December 2025, or the earlier day declared by the Minister under subsection (6), in relation to a loyalty scheme provider who is a casino operator. S. 3.5.38(6) inserted by No. 42/2022 s. 55(4). (6) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section does not apply in relation to a loyalty scheme provider who is a casino operator. S. 3.5.38(7) inserted by No. 42/2022 s. 55(4). (7) The Minister may declare different days in relation to different types of games or different types of gaming machines. 3.5.39 Opting out of loyalty schemes S. 3.5.39(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.13). (1) At least once each year, a loyalty scheme provider must send each participant in the scheme, by post, fax, e-mail or other electronic communication, a notice informing the participant of the participant's right, by informing the provider, to cease participating in the scheme. S. 3.5.39(1A) inserted by No. 42/2022 s. 56. (1A) A loyalty scheme provider must include the prescribed information (if any) in a notice sent under subsection (1). (2) If the notice is sent by post, the loyalty scheme provider must enclose a reply paid envelope with the notice. (3) A loyalty scheme provider must remove a participant from the scheme if the participant informs the provider (whether in response to a notice under subsection (1) or otherwise) that the participant wishes to cease participating in the scheme. 3.5.40 No advertising to people suspended or removed from loyalty schemes (1) If a person has been removed from a loyalty scheme, the loyalty scheme provider must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person. S. 3.5.40(1A) inserted by No. 4/2014 s. 34(1). (1A) If a person has been removed from a loyalty scheme conducted at an approved venue, the venue operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person. S. 3.5.40(1B) inserted by No. 4/2014 s. 34(1). (1B) If a person has been removed from a loyalty scheme conducted at a casino, the casino operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person. (2) If a person has been suspended from a loyalty scheme, the loyalty scheme provider must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person during the period of suspension. S. 3.5.40(2A) inserted by No. 4/2014 s. 34(2). (2A) If a person has been suspended from a loyalty scheme conducted at an approved venue, the venue operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person during the period of the suspension. S. 3.5.40(2B) inserted by No. 4/2014 s. 34(2). (2B) If a person has been suspended from a loyalty scheme conducted at a casino, the casino operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person during the period of suspension. S. 3.5.40(3) amended by No. 4/2014 s. 34(3). (3) For the purposes of this section, a loyalty scheme provider, venue operator or casino operator does not send or direct material to a person only because the provider or operator makes the material available generally to members of the public. **Examples** Examples of making material available generally to members of the public include publishing it on the Internet, television or other medium or displaying it on a billboard. Division 4 generally prohibits gaming machine advertising, unless exempted by the regulations. S. 3.5.40(4) inserted by No. 42/2022 s. 57. (4) For the purposes of this section, information relating to pre-commitment is not advertising or promotional material relating to gaming. 3.5.41 Loyalty scheme participant information (1) A loyalty scheme provider must allow a person who is or was a participant in the scheme, on payment of the fee (if any), not exceeding $20, determined by the provider, to have access to any information held by the provider relating to the person's participation in the scheme. S. 3.5.41(2) amended by No. 104/2004 s. 40(c). (2) The Minister may from time to time direct a loyalty scheme provider to provide information derived from the scheme, other than information that identifies, or is capable of identifying, any person who is or was a participant in the scheme to any person or body for research purposes. S. 3.5.41 (2)(a)(b) repealed by No. 104/2004 s. 40(c). S. 3.5.41(4) inserted by No. 4/2014 s. 35. (4) The Minister may from time to time direct a loyalty scheme provider to provide specified information to participants in the scheme. S. 3.5.41(5) inserted by No. 4/2014 s. 35, amended by No. 23/2025 s. 11. (5) If the Minister directs the monitoring licensee, under section 3.8A.2, to provide, operate and maintain a pre-commitment system or the Minister has included as a condition of the monitoring licence that the licensee provide, operate and maintain a pre‑commitment system, a direction given under subsection (4) may also require a loyalty scheme provider to provide information relating to— (a) the commencement or operation of the system; and (b) the ability of a player to set, under the system, a time limit or net loss limit on their playing of gaming machines; and (c) the restriction on the provision of any other system or scheme that allows a player to set a time limit or net loss limit on their playing of gaming machines. S. 3.5.41(6) inserted by No. 4/2014 s. 35. (6) A loyalty scheme provider must comply with a direction given under subsection (4). S. 3.5.41A inserted by No. 42/2022 s. 58. 3.5.41A Casino loyalty scheme information for data-matching purposes S. 3.5.41A(1) amended by Nos 18/2025 s. 8, 23/2025 s. 12. (1) This section applies in relation to a loyalty scheme conducted at a casino, if a direction is in force under section 3.8A.2 providing for a pre‑commitment system that applies in relation to the playing of gaming machines in the casino or the Minister has included a condition of the monitoring licence providing for such a pre‑commitment system. (2) The Minister may from time to time direct the loyalty scheme provider or casino operator to provide information derived from the loyalty scheme to the Minister or the Commission for the purpose of enabling the reconciliation of loyalty scheme information with information in relation to the pre‑commitment system. (4) To avoid doubt, information that may be the subject of a direction under subsection (2) includes information that identifies, or is capable of identifying, a person who is or was a participant in the loyalty scheme. S. 3.5.41B inserted by No. 18/2025 s. 9. 3.5.41B Approved venue loyalty scheme information for data-matching purposes (1) This section applies in relation to a loyalty scheme conducted at an approved venue— (a) on and after 1 December 2025 or the earlier day declared by the Minister under subsection (5); and S. 3.5.41B (1)(b) amended by No. 23/2025 s. 13. (b) if a direction is in force under section 3.8A.2 providing for a pre-commitment system in relation to the playing of gaming machines or the Minister has included a condition of the monitoring licence providing for such a pre‑commitment system. (2) The Minister may from time to time direct the loyalty scheme provider or venue operator to provide information derived from the loyalty scheme to the Minister or the Commission for the purpose of enabling the reconciliation of loyalty scheme information with information in relation to the pre‑commitment system. (4) To avoid doubt, information that may be the subject of a direction under subsection (2) includes information that identifies, or is capable of identifying, a person who is or was a participant in the loyalty scheme. (5) The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section applies. (6) The Minister may declare different days in relation to different geographical areas. Division 6—Removal of people from approved venues 3.5.42 Application of Division This Division does not apply to a casino operator or a casino. 3.5.43 Removal of certain persons (1) A venue operator may remove from or refuse entry to the operator's approved venue any person who— (a) breaches rules made by the Commission under section 3.5.23; or (b) damages or physically abuses a gaming machine; or (c) behaves in a manner likely to cause offence to other persons; or (d) is suspected on reasonable grounds of being in the approved venue for the purpose of committing an offence or aiding another person to commit an offence against this Chapter. (2) A venue operator may use no more force than is reasonably necessary to remove a person under subsection (1). Ch. 3 Pt 5 Div. 7 (Heading and ss 3.5.44–3.5.53) amended by Nos 104/2004 s. 39(5)(k)(l), 24/2006 s. 6.1.2(Sch. 7 item 21), repealed by No. 71/2008 s. 29(b), new Ch. 3 Pt 5 Div. 7 (Heading and new ss 3.5.44–3.5.47) inserted by No. 28/2022 s. 129. Division 7—Jackpot funds New s. 3.5.44 inserted by No. 28/2022 s. 129. 3.5.44 Dealing with jackpot funds on retirement of jackpot (1) Subject to sections 3.5.45 and 3.5.46, if a venue operator retires a linked jackpot arrangement operating in an approved venue, the venue operator must— (a) within 60 days, allocate the balance (whether in surplus or deficit) of the jackpot special prize pool in relation to that arrangement to the jackpot special prize pool in relation to another linked jackpot arrangement operating in the approved venue; or S. 3.5.44(1)(b) amended by No. 25/2024 s. 8. (b) within 7 days after the end of that 60‑day period, pay any unpaid jackpot funds to the Commission for payment into the Gambling Harm Response Fund. (2) For the purposes of this Division, a venue operator retires a linked jackpot arrangement if the jackpot in the arrangement ceases to operate and prizes are no longer available to be won by players. New s. 3.5.45 inserted by No. 28/2022 s. 129. 3.5.45 Transfer of unpaid jackpot funds on transfer of approved venue (1) Immediately prior to the transfer of an approved venue from one venue operator (***venue operator A***) to another venue operator (***venue operator B***), venue operator A may transfer any unpaid jackpot funds in relation to a linked jackpot arrangement operated at the approved venue to venue operator B. (2) At least 48 hours before transferring unpaid jackpot funds under subsection (1), venue operator A must give the Commission written notice— (b) containing the information required by the Commission. (3) Immediately after transfer of the approved venue, venue operator B must allocate the funds transferred under subsection (1) to a special prize pool in relation to a linked jackpot arrangement operated at the approved venue. New s. 3.5.46 inserted by No. 28/2022 s. 129. 3.5.46 Dealing with unpaid jackpot funds where venue operator ceases to hold licence or to operate gaming machines (1) This section applies if a linked jackpot arrangement is retired because a person— (a) ceases to hold a venue operator's licence; or (b) ceases to hold gaming machine entitlements to conduct gaming at an approved venue. S. 3.5.46(2) amended by No. 25/2024 s. 9. (2) The person must, within 28 days, pay to the Commission for payment into the Gambling Harm Response Fund any unpaid jackpot funds in relation to the linked jackpot arrangement less an amount transferred to another venue operator under section 3.5.45(1) (if any). New s. 3.5.47 inserted by No. 28/2022 s. 129. 3.5.47 Dealing with jackpots retired previously (1) If a venue operator retired a linked jackpot arrangement before the commencement of this Division— (a) the venue operator may, within 12 months after that commencement, allocate the balance (whether in surplus or deficit) of the jackpot special prize pool in relation to that arrangement to the jackpot special prize pool in relation to another linked jackpot arrangement operating in the approved venue; and S. 3.5.47(1)(b) amended by No. 25/2024 s. 10. (b) within 7 days after the end of the period referred to in paragraph (a), the venue operator must pay any remaining unpaid jackpot funds in relation to the retired linked jackpot arrangement to the Commission for payment into the Gambling Harm Response Fund. (2) This section does not apply in relation to a linked jackpot arrangement that was retired before 16 August 2012. Part 6—Returns to players, levies and taxes 3.6.1 Returns to players S. 3.6.1(1) amended by Nos 29/2009 s. 30, 34/2014 s. 25(a), 28/2022 s. 52. (1) An entitlement holder must ensure that the pay-out table on gaming machines at each venue is set so as to return to players the players' proportion of the total amounts wagered each calendar year at that venue, after deduction of the sum of jackpot special prizes determined as prescribed and payable during that year. (2) The players' proportion is— S. 3.6.1(2)(a) amended by No. 34/2014 s. 25(b). (a) not less than 85%; or S. 3.6.1(2)(b) amended by No. 34/2014 s. 25(b). (b) if the Commission determines in accordance with subsection (3), a fixed percentage greater than 85%. (3) A determination under subsection (2)— (a) must be made by notice published in the Government Gazette; and (b) must be expressed to have effect on and after a specified date. S. 3.6.1A inserted by No. 32/2012 s. 9, repealed by No. 28/2022 s. 53. S. 3.6.1B inserted by No. 9/2018 s. 11, repealed by No. 28/2022 s. 130. Division 2—Taxes and levies 3.6.2 Definitions ***community purpose*** means an activity or purpose of a kind determined by the Minister under section 3.6.9(3); ***daily net cash balance***, in relation to a gaming machine, means the total amount wagered on a day less— (a) the sum of all prizes paid from that amount (other than prizes paid from a jackpot special prize pool); and (b) the sum of amounts determined as prescribed for payment in respect of that total amount wagered to a jackpot special prize pool; ***gaming revenue*** of a venue operator in respect of a financial year, means the total daily net cash balances of all gaming machines at the approved venue during the financial year; S. 3.6.2 def. of *required community benefit contribution* amended by No. 62/2017 s. 14(1). ***required community benefit contribution*** in respect of a financial year means 81/3% of gaming revenue in respect of that financial year; S. 3.6.2 def. of *revenue* inserted by No. 62/2017 s. 14(2). ***revenue***, in relation to the conduct of gaming under a gaming machine entitlement, means the total amount earned from bets made on a gaming machine operated under that entitlement less— (a) the sum of all prizes paid from that amount (other than prizes from a jackpot special prize pool); and (b) the sum of the amounts determined as prescribed for payment in respect of that total amount bet to a jackpot special prize pool. S. 3.6.3 amended by Nos 92/2005 s. 8, 22/2007 s. 12, 32/2012 s. 10, repealed by No. 28/2022 s. 53. S. 3.6.3A inserted by No. 32/2012 s. 11, repealed by No. 28/2022 s. 53. Ss 3.6.4, 3.6.5 repealed by No. 28/2022 s. 53. S. 3.6.5A inserted by No. 29/2009 s. 31. 3.6.5A Venue operators to pay supervision charge (1) This section applies to a venue operator that holds a gaming machine entitlement. (2) On and after a gaming machine entitlement declared day that applies to the gaming machine entitlement held by the venue operator, the venue operator must pay to the Commission for payment into the Consolidated Fund a supervision charge in such instalments in respect of such periods in each financial year as the Treasurer determines from time to time. S. 3.6.5A(3) substituted by No. 58/2015 s. 7. (3) The supervision charge is such amount in respect of each financial year as the Treasurer, after consultation with the Minister, determines having regard to— (a) the reasonable costs and expenses in respect of the financial year incurred by the Commission in carrying out its functions and powers under this Act in respect of gaming; and (b) the reasonable costs and expenses in respect of the financial year incurred by the Department administered by the Minister in providing training courses for the purpose of the training requirements referred to in section 9A.1.18. (4) The supervision charge is a tax. S. 3.6.6 repealed by No. 28/2022 s. 53. S. 3.6.6A (Heading) amended by No. 62/2017 s. 15(1). S. 3.6.6A inserted by No. 29/2009 s. 32. 3.6.6A Taxation in relation to gaming in approved venues with pub licences until 16 August 2022 S. 3.6.6A(1) substituted by No. 62/2017 s. 15(2). (a) to a venue operator who conducts or may conduct gaming under gaming machine entitlements in an approved venue in respect of which there is in force a pub licence; and (b) in relation to each calendar month up to and including August 2022. S. 3.6.6A(2) amended by Nos 58/2009 s. 61(1), 64/2014 s. 9(1)(a). (2) The venue operator must pay to the Commission, to be paid into the Consolidated Fund, the tax calculated as follows: T = GMT × E GMT is the tax per gaming machine entitlement held in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act in a calendar month determined in accordance with subsection (3); E is the total number of gaming machine entitlements held by the venue operator in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on each day in a calendar month divided by the number of days in that month. S. 3.6.6A(2A) inserted by No. 62/2017 s. 15(3). (2A) For the purposes of this section, the last day of the calendar month of August 2022 is taken to be 15 August 2022. Section 3.6.6C provides a tax that applies in relation to the period of time beginning 16 August 2022. S. 3.6.6A(3) amended by No. 34/2014 s. 26(1), substituted by No. 62/2017 s. 15(4). (3) The tax per gaming machine entitlement in a calendar month is the sum of the amounts of average revenue per gaming machine entitlement determined by multiplying those parts of that average revenue per gaming machine entitlement specified in column 1 of the applicable table by the rate specified in column 2 of the applicable table opposite those parts of the average revenue per gaming machine entitlement. S. 3.6.6A(3A) inserted by No. 62/2017 s. 15(4). (3A) The ***applicable table*** for a calendar month before August 2022 is the following Table. **Table for months before August 2022** | does not exceed $2666 | 8∙33% | | exceeds $2666 but does not exceed $12 500 | 55·03% | | exceeds $12 500 | 62·53% | S. 3.6.6A(3B) inserted by No. 62/2017 s. 15(4). (3B) The ***applicable table*** for the calendar month of August 2022 is the following Table. | does not exceed $1290 | 8·33% | | exceeds $1290 but does not exceed $6048.39 | 55·03% | | exceeds $6048.39 | 62·53% | S. 3.6.6A(4) amended by Nos 58/2009 s. 142(6), 64/2014 s. 9(1)(b). (4) In subsection (3) ***average revenue per gaming machine*** ***entitlement*** means revenue earned by a venue operator in a calendar month from the conduct of gaming under each gaming machine entitlement in the approved venue calculated on the following basis— TR is the total revenue earned at the approved venue from the conduct of gaming under all gaming machine entitlements in the calendar month; MT is the average number of gaming machine entitlements in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act in the calendar month. S. 3.6.6A(5) amended by No. 64/2014 s. 9(1)(c). (5) In subsection (4) ***average number of gaming machine entitlements*** means the sum of the total number of gaming machine entitlements in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on each day of a calendar month divided by the number of days in that month. S. 3.6.6A(6) amended by No. 58/2009 s. 61(2). (6) If the application of subsection (5) results in a total number that is not a whole number, the number that is a rounding up of that number to the next 2 decimal points is to be taken to be the total number. (7) The tax payable under subsection (2) is payable within 7 days after the end of the calendar month to which the tax relates. S. 3.6.6A(8) inserted by No. 58/2009 s. 61(3), repealed by No. 62/2017 s. 15(5). S. 3.6.6B (Heading) amended by No. 62/2017 s. 16(1). S. 3.6.6B inserted by No. 29/2009 s. 32. 3.6.6B Taxation in relation to gaming in approved venues with club licences until 16 August 2022 S. 3.6.6B(1) amended by No. 58/2009 s. 62(1), substituted by No. 62/2017 s. 16(2). (a) to a venue operator who conducts or may conduct gaming under gaming machine entitlements in an approved venue in respect of which there is in force a club licence or a racing club licence; and (b) in relation to each calendar month up to and including August 2022. S. 3.6.6B(2) amended by Nos 58/2009 s. 62(2)(3), 64/2014 s. 9(2)(a). (2) The venue operator must pay to the Commission, to be paid into the Consolidated Fund, the tax calculated as follows: T = GMT × E GMT is the tax per gaming machine entitlement held in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act in a calendar month determined in accordance with subsection (3); E is the total number of gaming machine entitlements held by the venue operator in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on each day in a calendar month divided by the number of days in that month. S. 3.6.6B(2A) inserted by No. 62/2017 s. 16(3). (2A) For the purposes of this section, the last day of the calendar month of August 2022 is taken to be 15 August 2022. Section 3.6.6C provides a tax that applies in relation to the period of time beginning 16 August 2022. S. 3.6.6B(3) amended by No. 34/2014 s. 26(2), substituted by No. 62/2017 s. 16(4). (3) The tax per gaming machine entitlement in a calendar month is the sum of the amounts of average revenue per gaming machine entitlement determined by multiplying those parts of that average revenue per gaming machine entitlement specified in column 1 of the applicable table by the rate specified in column 2 of the applicable table opposite those parts of the average revenue per gaming machine entitlement. S. 3.6.6B(3A) inserted by No. 62/2017 s. 16(4). (3A) The ***applicable table*** for a calendar month before August 2022 is the following Table. **Table for months before August 2022** | exceeds $2666 but does not exceed $12 500 | 46·7% | | exceeds $12 500 | 54·2% | S. 3.6.6B(3B) inserted by No. 62/2017 s. 16(4). (3B) The ***applicable table*** for the calendar month of August 2022 is the following Table. | exceeds $1290 but does not exceed $6048.39 | 46·7% | | exceeds $6048.39 | 54·2% | S. 3.6.6B(4) amended by No. 64/2014 s. 9(2)(b). (4) In subsection (3) ***average revenue per gaming machine*** ***entitlement*** means revenue earned by an venue operator in a calendar month from the conduct of gaming under each gaming machine entitlement in the approved venue calculated on the following basis— TR is the total revenue earned at the approved venue from the conduct of gaming under all gaming machine entitlements in the calendar month; MT is the average number of gaming machine entitlements in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act in the calendar month. S. 3.6.6B(5) amended by No. 64/2014 s. 9(2)(c). (5) In subsection (4) ***average number of gaming machine entitlements*** means the sum of the total number of gaming machine entitlements in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on each day of a calendar month divided by the number of days in that month. S. 3.6.6B(6) amended by No. 58/2009 s. 62(4). (6) If the application of subsection (5) results in a total number that is not a whole number, the number that is a rounding up of that number to the next 2 decimal points is to be taken to be the total number. (7) The tax payable under subsection (2) is payable within 7 days after the end of the calendar month to which the tax relates. S. 3.6.6B(8) inserted by No. 58/2009 s. 62(5), repealed by No. 62/2017 s. 16(5). S. 3.6.6C inserted by No. 62/2017 s. 17. 3.6.6C Taxation in relation to gaming in approved venues on and after 16 August 2022 (a) to a venue operator who conducts or may conduct gaming under gaming machine entitlements in an approved venue in respect of which there is a pub licence, a club licence or a racing club licence in force; and (b) on and after 16 August 2022. (2) For each approved venue in which the venue operator conducts or may conduct gaming under gaming machine entitlements, the venue operator must pay to the Commission, to be paid into the Consolidated Fund, the tax calculated as follows— GMT is the tax per gaming machine entitlement held in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act in a calendar month determined in accordance with subsection (4); E is the total number of gaming machine entitlements held by the venue operator in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on each day in a calendar month divided by the number of days in that month. (3) For the purposes of this section, the calendar month of August 2022 is taken to begin on 16 August 2022. (4) The tax per gaming machine entitlement in a calendar month is the sum of the amounts of average revenue per gaming machine entitlement determined by multiplying those parts of that average revenue per gaming machine entitlement specified in column 1 of the applicable table by the rate specified, opposite those parts of the average revenue per gaming machine entitlement, in— (a) if the entitlement is a club gaming machine entitlement, column 2 of the applicable table; or (b) if the entitlement is a hotel gaming machine entitlement, column 3 of the applicable table. (5) The ***applicable table*** for the calendar month of August 2022 is the following Table. | *Column 1* | *Column 2* | *Column 3* | | --- | --- | --- | | *The part of average revenue per gaming machine entitlement that:* | *Rate for club gaming machine entitlement* | *Rate for hotel gaming machine entitlement* | | does not exceed $1376 | 0·00% | 8·33% | | exceeds $1376 but does not exceed $3440.86 | 46·70% | 55·03% | | exceeds $3440.86 but does not exceed $6451.61 | 51·17% | 57·50% | | exceeds $6451.61 | 60·67% | 65·00% | (6) The ***applicable table*** for a calendar month after August 2022 is the following Table. **Table for months after August 2022** | *Column 1* | *Column 2* | *Column 3* | | --- | --- | --- | | *The part of average revenue per gaming machine entitlement that:* | *Rate for club gaming machine entitlement* | *Rate for hotel gaming machine entitlement* | | does not exceed $2666 | 0·00% | 8·33% | | exceeds $2666 but does not exceed $6666.67 | 46·70% | 55·03% | | exceeds $6666.67 but does not exceed $12 500 | 51·17% | 57·50% | | exceeds $12 500 | 60·67% | 65·00% | (7) In subsection (4) ***average revenue per gaming machine entitlement*** means revenue earned by a venue operator in a calendar month from the conduct of gaming under each gaming machine entitlement in the approved venue calculated on the following basis— TR is the total revenue earned at the approved venue from the conduct of gaming under all gaming machine entitlements in the calendar month; MT is the average number of gaming machine entitlements in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act in the calendar month. (8) In subsection (7) ***average number of gaming machine entitlements*** means the sum of the total number of gaming machine entitlements in respect of which there is a gaming machine installed at the approved venue that is connected to the electronic monitoring system in accordance with this Act on each day of the calendar month divided by the number of days in that month. (9) If the application of subsection (8) results in a total number that is not a whole number, the number that is a rounding up of that number to the next 2 decimal points is to be taken to be the total number. (10) The tax payable under subsection (2) is payable within 7 days after the end of the calendar month to which the tax relates. S. 3.6.6D inserted by No. 62/2017 s. 17. 3.6.6D Review of tax rates under section 3.6.6C (1) After 16 August 2023, the Treasurer must cause a review of the rates set out in section 3.6.6C(6) to be undertaken. (2) On or before 16 February 2024, the Treasurer must either— (a) cause a copy of the review to be laid before each House of the Parliament; or (b) if a House of the Parliament is not sitting on the day on which the Treasurer intends to cause a copy of the review to be laid before that House, give the copy of the review to the clerk of that House. (3) If the clerk of a House of the Parliament receives a copy of a review under subsection (2)(b), the clerk must— (a) as soon as practicable after the review is received, notify each member of the House of the receipt of the review and advise that the review is available on request; and (b) give a copy of the review to any member of the House on request to the clerk; and (c) cause the review to be laid before the House on the next sitting day of the House. (4) A copy of a review that is given to a clerk of a House of the Parliament under subsection (2)(b) is taken to have been published by order, or under the authority of, that House. S. 3.6.7 repealed by No. 28/2022 s. 53. S. 3.6.8 (Heading) substituted by No. 64/2014 s. 10(1). 3.6.8 Declaration for club venue operators to pay different tax in some circumstances S. 3.6.8(1) amended by Nos 64/2014 s. 10(2)(a), 62/2017 s. 18(1). (1) If a club licence is in force in respect of an approved venue and— (a) the freehold of the approved venue is not vested in the venue operator; or (b) in the opinion of the Commission, the terms of the lease of the approved venue or any other agreement provide, whether directly or indirectly, for payment of rent or charges calculated by reference to revenue derived from gaming machines; or (c) in the opinion of the Commission, the terms of an agreement provide, whether directly or indirectly, for payment of revenue derived from gaming machines to a person other than the holder of the club licence— the Commission may declare that, instead of the venue operator paying tax under the applicable club provision, the venue operator must pay tax under the applicable pub provision as if the licence were a pub licence. S. 3.6.8(2) substituted by No. 39/2007 s. 12(1). (2) If— (a) a club licence or racing club licence is in force in respect of an approved venue; and (b) an audited community benefit statement lodged under section 3.6.9 by the holder of the licence indicates that the holder has made less than the required community benefit contribution— the Commission must declare that the licence holder is required to pay to the Commission, to be paid into the Consolidated Fund, an amount equal to the difference between the required community benefit contribution and the community benefit contribution stated in the community benefit statement. S. 3.6.8(2A) inserted by No. 39/2007 s. 12(1). (2A) The licence holder must pay the required amount within 60 days after the licence holder is notified of the declaration under subsection (3). S. 3.6.8(2B) inserted by No. 39/2007 s. 12(1). (2B) The Commission may extend the time for the licence holder to pay the required amount if the Commission is satisfied that payment of the amount by the day required by subsection (2A) would expose the licence holder to significant financial hardship. S. 3.6.8(2C) inserted by No. 39/2007 s. 12(1). (2C) An amount equal to the amount paid into the Consolidated Fund under subsection (2) is to be paid out of the Consolidated Fund into the Community Support Fund and the Consolidated Fund is appropriated to the necessary extent for that payment to be made. S. 3.6.8(3) substituted by No. 39/2007 s. 12(2). (3) The Commission must notify the licence holder of a declaration under subsection (2). (4) In determining whether a licence holder has made the required community benefit contribution, any amounts in respect of GST payable by the licence holder in respect of supplies for community purposes are to be taken into account. S. 3.6.8(4A) inserted by No. 39/2007 s. 12(3), amended by Nos 64/2014 s. 10(2)(b)(ii), 62/2017 s. 18(1). (4A) If— (a) a club licence or racing club licence is in force in respect of an approved venue; and S. 3.6.8(4A)(b) amended by No. 64/2014 s. 10(2)(b)(i). (b) the venue operator has not lodged an audited community benefit statement under section 3.6.9 within the time required for lodgement— the Commission must declare that, instead of the venue operator paying tax under the applicable club provision, the venue operator must pay tax under the applicable pub provision as if the licence were a pub licence, in respect of the period commencing from the time the community benefit statement was required to be lodged until the time that the statement is lodged. S. 3.6.8(4B) inserted by No. 39/2007 s. 12(3), substituted by No. 64/2014 s. 10(3). (4B) The Commission must notify the venue operator of the making of a declaration under subsection (4A). S. 3.6.8(4C) inserted by No. 39/2007 s. 12(3), amended by No. 64/2014 s. 10(4)(a). (4C) Notification under subsection (4B) must set out the day on which payments in accordance with the declaration must commence, which must not be less than 30 days after the day on which the notification is given to the venue operator. S. 3.6.8(5) amended by No. 39/2007 s. 12(4), repealed by No. 64/2014 s. 10(4)(b), new s. 3.6.8(5) inserted by No. 62/2017 s. 18(2). ***applicable club provision*** means— (a) in relation to a period ending before 16 August 2022, section 3.6.6B; and (b) in relation to a period starting on or after 16 August 2022, section 3.6.6C; ***applicable pub provision*** means— (a) in relation to a period ending before 16 August 2022, section 3.6.6A; and (b) in relation to a period starting on or after 16 August 2022, section 3.6.6C. 3.6.9 Community benefit statements S. 3.6.9(1) amended by No. 104/2004 s. 8(a). (1) In respect of each financial year, each venue operator who received gaming revenue in that year must prepare and lodge with the Commission a community benefit statement in respect of each approved venue of the venue operator in accordance with this section regarding the application of gaming revenue in the financial year to community purposes. S. 3.6.9(1A) inserted by No. 39/2007 s. 12(5). (1A) Subsection (1) does not apply to an approved venue in respect of which a pub licence is in force. (2) A community benefit statement— S. 3.6.9(2)(a) amended by No. 104/2004 s. 8(b). (a) must be in a form approved by the Commission; and (b) must state whether the total of— (i) the percentage (if any) of gaming revenue applied by the venue operator in the financial year to community purposes; and (ii) the value of any non-financial contribution to community purposes (for example, voluntary work) by or on behalf of the venue operator in the financial year, expressed as a percentage of the venue operator's gaming revenue in the financial year; and S. 3.6.9 (2)(b)(iii) amended by Nos 39/2007 s. 12(6)(a), 28/2022 s. 54. (iii) any amount payable by the venue operator in the financial year under a declaration made by the Commission under section 3.6.8(4A), expressed as a percentage of the venue operator's gaming revenue in the financial year— is less than, equal to or greater than the required community benefit contribution; (c) must be audited; and (d) must be lodged on or before 30 September next following the financial year to which it relates. S. 3.6.9(3) substituted by No. 72/2007 s. 16. (3) The Minister, by order published in the Government Gazette, may from time to time— (a) determine the kind of activities or purposes that constitute community purposes; (b) determine the kind of activities or purposes that do not constitute community purposes; (c) specify the maximum amount of gaming revenue (if any) that can be claimed by the venue operator in respect of each community purpose determined under paragraph (a). S. 3.6.9(3A) inserted by No. 72/2007 s. 16. (3A) For the purposes of subsection (3)(c), the Minister may determine the maximum amount of gaming revenue that can be claimed by the venue operator in respect of each community purpose by specifying— (a) a percentage amount; or (b) a dollar amount; or (c) any other method that specifies the maximum amount that can be claimed by a venue operator. (4) The Minister must give notice of an order under subsection (3) to each venue operator. (5) An order under subsection (3) takes effect in the financial year next following the financial year in which it is published. (6) The Commission must publish on the Internet each statement lodged with it under this section. S. 3.6.9(7) amended by No. 104/2004 s. 8(c). (7) In determining the percentage of gaming revenue applied by a venue operator to community purposes, any amounts in respect of GST payable by the venue operator in respect of supplies for community purposes are not to be taken into account. S. 3.6.9A inserted by No. 72/2007 s. 17. 3.6.9A Ministerial directions as to requirements of community benefit statements (1) The Minister may from time to time give a direction in writing to the Commission or to venue operators as to any one or more of the following matters— (a) the information that a venue operator must include in a community benefit statement; (b) the level of detail to be set out in respect of each claim made by a venue operator in a community benefit statement; (c) any other matter relating to the requirements to be met by venue operators in relation to community benefit statements. (2) The Minister may vary or revoke a direction by further direction in writing to the Commission. (3) The Commission must, as soon as possible after receiving a direction under this section, cause notice of the direction to be published in the Government Gazette. (4) The Commission and venue operators are bound by a direction given under this section. (5) The Commission must publish in its report under Part 7 of the **Financial Management Act 1994** for a financial year all directions given by the Minister under this section during that year. 3.6.10 Interest on late payment S. 3.6.10(1) amended by Nos 29/2009 s. 35(b), 28/2022 s. 55(1)(c). (1) If an amount payable under this Part— S. 3.6.10(1)(a) repealed by No. 28/2022 s. 55(1)(a). S. 3.6.10(1)(b) amended by Nos 39/2007 s. 12(6)(b), 29/2009 s. 35(a), 28/2022 s. 55(1)(b). (b) to the Commission by a venue operator that holds a gaming machine entitlement; or S. 3.6.10(1)(c) inserted by No. 39/2007 s. 12(6)(c). (c) to the Commission by a licence holder under section 3.6.8(2)— is not paid within the period within which it is required to be paid, the licence holder or venue operator is liable to pay interest at the rate of 20% per annum on that amount from the date on which the payment was due until the payment is made. S. 3.6.10(2) amended by No. 28/2022 s. 55(2). (2) The Commission may, if the Commission thinks fit, mitigate or remit an amount of interest due under subsection (1). 3.6.11 Hospitals and charities and mental health levy S. 3.6.11(1) amended by Nos 29/2009 s. 33(1), 28/2022 s. 56. (1) In respect of each financial year, an amount equal to the relevant gaming machine entitlement amount in respect of that year must be paid out of the Consolidated Fund in the proportions determined by the Treasurer into— (a) the Hospitals and Charities Fund; and (b) the Mental Health Fund. (2) The Consolidated Fund is appropriated to the necessary extent for payments to be made under subsection (1). S. 3.6.11(3) inserted by No. 29/2009 s. 33(2), substituted by No. 62/2017 s. 19. (3) The relevant gaming machine entitlement amount for a particular financial year is the amount that is equal to the sum of the amounts paid into the Consolidated Fund in respect of that year under section 3.6.6A, 3.6.6B and 3.6.6C (less any amount payable into the Community Support Fund under section 3.6.12). 3.6.12 Payment to Community Support Fund S. 3.6.12(1) amended by Nos 45/2004 s. 26(1), 29/2009 s. 34(1), 27/2013 s. 8(1), 28/2022 s. 57(a). (1) Subject to subsection (1A), an amount equal to the relevant pub gaming machine entitlement amount in respect of each period referred to in section 3.6.6A must be paid out of the Consolidated Fund into the Community Support Fund. S. 3.6.12(1A) inserted by No. 45/2004 s. 26(2), amended by Nos 39/2007 s. 13, 27/2013 s. 8(2), repealed by No. 28/2022 s. 57(b). S. 3.6.12(2) amended by Nos 45/2004 s. 26(3), 28/2022 s. 57(c). (2) The Consolidated Fund is appropriated to the necessary extent for payments to be made under subsection (1). S. 3.6.12(2A) inserted by No. 62/2017 s. 20. (2A) To avoid doubt, in calculating a relevant pub gaming machine entitlement amount for a period any part of which is in or after August 2022— (a) it does not matter that section 3.6.6A does not apply to, or impose any tax for, any part of that period; and (b) section 3.6.6A(2A) does not apply. S. 3.6.12(3) inserted by No. 29/2009 s. 34(2). ***average number of gaming machine entitlements*** has the same meaning as in section 3.6.6A(5); ***average revenue per gaming machine entitlement*** has the same meaning as in section 3.6.6A(4); ***relevant pub gaming machine entitlement amount*** means an amount equal to 81/3% of the product of the sum of all average revenue per gaming machine entitlement earned by venue operators and the sum of all of the average number of gaming machine entitlements in respect of a period referred to in section 3.6.6A. Ch. 3 Pt 6 Div. 3 (Heading and s. 3.6.13) inserted by No. 64/2014 s. 11. Division 3—Unclaimed winnings S. 3.6.13 inserted by No. 64/2014 s. 11. 3.6.13 Unclaimed winnings (1) On or before 31 May each year a venue operator that held winnings on 1 March of that year that had remained unclaimed for not less than 12 months before that 1 March must pay to the Treasurer an amount equal to the sum of all those unclaimed winnings less any amounts that have been paid to persons entitled to the winnings and any amounts deducted under subsection (2). (2) A venue operator may deduct out of unclaimed winnings paid to the Treasurer under subsection (1) an amount equivalent to the expenses of the venue operator reasonably incurred in searching for the persons entitled to the winnings. (3) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (1), the Treasurer, on being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose. ***winnings*** means winnings from the playing of a gaming machine, including winnings in the form of— (a) a cheque; and (b) a ticket or other instrument authorising the payment of winnings from the playing of a gaming machine; and (c) accumulated credits within the meaning of section 3.5.33; and (d) any coins left in the coin tray of a gaming machine. Part 7—Compliance requirements S. 3.7.1 repealed by No. 28/2022 s. 58. 3.7.2 Application of Part (1) This Part does not apply in relation to transactions arising from operations in a casino or to gaming in a casino. S. 3.7.2(2) amended by Nos 72/2007 s. 18, 28/2022 s. 59. (2) Nothing in Division 2 applies to a transaction, accounting record, account balance sheet, document, book or financial statement which does not form, or record, part of the business of a venue operator, carried on by a person in accordance with this Chapter, except to the extent that they are relevant to any requirements imposed on a venue operator under section 3.6.9 or 3.6.9A in respect of a community benefit statement. Division 2—Banking, accounting and auditing 3.7.3 Banking S. 3.7.3(1) amended by Nos 62/2017 s. 49(30), 28/2022 s. 60(a). (1) Subject to subsection (1A), a venue operator must— S. 3.7.3(1)(a) amended by Nos 64/2014 s. 39(2), 28/2022 s. 60(b). (a) keep and maintain separate accounts, as approved by the Commission, at an ADI in the State for use for all banking transactions arising under this Chapter in relation to the venue operator; and S. 3.7.3(1)(b) amended by No. 64/2014 s. 39(2). (b) from time to time provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the ADI referred to in paragraph (a) authorising that institution to comply with any requirements of an inspector exercising powers under this section. S. 3.7.3(1A) inserted by No. 62/2017 s. 49(31). (1A) If the approval of a venue under Part 3 is suspended, subsection (1) does not require a venue operator to do any of the following things during the period of the suspension in relation to the venue— (a) to keep or maintain separate accounts as described in subsection (1)(a); or (b) to provide a written authority described in subsection (1)(b) authorising the taking of any action. S. 3.7.3(2) amended by No. 64/2014 s. 39(2). (2) An inspector may, by notice in writing, require the manager or other principal officer of an ADI referred to in subsection (1) to provide the inspector with a statement of an account referred to in that subsection and any other particulars relating to the account that are specified in the notice. (3) A person to whom a notice is given under subsection (2) must comply with the notice. (4) An inspector cannot exercise a power under subsection (3) without the prior written approval of the Commission. 3.7.4 Accounting records S. 3.7.4(1) amended by No. 28/2022 s. 61(a). (1) A venue operator must keep accounting records that correctly record and explain the transactions and financial position of the operations of the venue operator. S. 3.7.4(2) amended by No. 28/2022 s. 61(b)(i). (2) A venue operator must keep the accounting records in the form required by the Commission and in a manner that will enable— (a) true and fair financial statements and accounts to be prepared from time to time; and S. 3.7.4(2)(b) amended by No. 28/2022 s. 61(b)(ii). (b) true and fair community benefit statements to be prepared under section 3.6.9— and for those financial statements, accounts and community benefit statements to be conveniently and properly audited. S. 3.7.4(3) amended by No. 28/2022 s. 61(c). (3) A venue operator must, as soon as practicable after the end of each financial year, prepare financial statements and accounts including— (a) cash flow statements for the financial year; and (b) profit and loss accounts for the financial year; and (c) a balance-sheet as at the end of the financial year— that give a true and fair view of the financial operations of the venue operator. 3.7.5 Books etc. to be kept on the premises S. 3.7.5(1) amended by No. 28/2022 s. 62(1)(a). (1) A venue operator must ensure that all documents relating to the operations of the operator are— S. 3.7.5(1)(a) substituted by No. 28/2022 s. 62(1)(b). (a) kept at the approved venue; and S. 3.7.5(1A) inserted by No. 62/2017 s. 49(32). (1A) In subsection (1), a reference to an approved venue also refers to a venue whose approval under Part 3 is suspended. S. 3.7.5(2) amended by No. 28/2022 s. 62(2). (2) The Commission may, by instrument, grant an exemption to a venue operator from all or specified requirements of this section in respect of all or specified, or specified classes of, documents and may grant such an exemption subject to conditions. S. 3.7.6 repealed by No. 54/2004 s. 6. Ch. 3 Pt 7 Div. 2A (Heading and ss 3.7.6–3.7.6AB) inserted by No. 56/2010 s. 34. Division 2A—Approved linked jackpot trust account compliance requirements New s. 3.7.6 inserted by No. 56/2010 s. 34. 3.7.6 Banking S. 3.7.6(1) amended by No. 64/2014 s. 39(2). (1) The monitoring licensee must, from time to time provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the ADI referred to in section 3.4.49A authorising that institution to comply with any requirements of an inspector exercising powers under this section. S. 3.7.6(2) amended by No. 64/2014 s. 39(2). (2) An inspector may, by notice in writing, require the manager or other principal officer of an ADI referred to in section 3.4.49A to provide the inspector with— (a) a statement of an approved linked jackpot trust account referred to in that section; and (b) any other particulars relating to the account that are specified in the notice. (3) A person to whom a notice is given under subsection (2) must comply with the notice. (4) An inspector cannot exercise a power under subsection (2) without the prior written approval of the Commission. S. 3.7.6AA inserted by No. 56/2010 s. 34. 3.7.6AA Accounting records in relation to approved linked jackpot trust accounts (1) The monitoring licensee must keep accounting records that correctly record and explain the transactions relating to, and the financial position of, each approved linked jackpot trust account the licensee has established. (2) The monitoring licensee must keep the accounting records referred to in subsection (1) in the form required by the Commission and in a manner that will enable them to be conveniently and properly audited. S. 3.7.6AB inserted by No. 56/2010 s. 34. 3.7.6AB Functions of Commission under this Division may be performed by any commissioner A function of the Commission under this Division may be performed by any commissioner. Ch. 3 Pt 7 Div. 3 (Heading and ss 3.7.6A–3.7.6D) inserted by No. 58/2009 s. 63. Division 3—Other requirements S. 3.7.6A inserted by No. 58/2009 s. 63, amended by Nos 56/2010 s. 35, 60/2011 s. 30, repealed by No. 28/2022 s. 63. S. 3.7.6B inserted by No. 58/2009 s. 63. 3.7.6B Directions to monitoring licensee to provide information etc. (1) The Minister may give a written direction to the monitoring licensee requiring the monitoring licensee to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the monitoring licensee; and (b) in the opinion of the Minister relates to the kind of things that a monitoring licensee will be authorised to do under the monitoring licence and is considered by the Minister to be relevant to— (i) an invitation or proposed invitation to apply for the monitoring licence; or (ii) an invitation or proposed invitation to apply for the monitoring licence under section 3.4.40. (2) The monitoring licensee must comply with a direction under subsection (1). (3) The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to— S. 3.7.6B (3)(ab) inserted by No. 60/2011 s. 31. (ab) a pending applicant (within the meaning of section 3.4.41A(2)); and S. 3.7.6B(3)(b) amended by No. 56/2010 s. 36. (b) a possible invitee (within the meaning of section 3.4.41A(2)); and (c) persons who apply for the monitoring licence in accordance with section 3.4.42. S. 3.7.6C inserted by No. 58/2009 s. 63, amended by No. 28/2022 s. 64. 3.7.6C No compensation payable No compensation is payable by the State in respect of anything done under section 3.7.6B or in compliance with a direction under that section. S. 3.7.6D inserted by No. 58/2009 s. 63. 3.7.6D Directions to monitoring licensee S. 3.7.6D(1) amended by No. 4/2014 s. 36(1). (1) The Commission may give a written direction to the monitoring licensee relating to the conduct, supervision and control of an activity referred to in section 3.4.4 that is undertaken by the licensee and the monitoring licensee must comply with the direction as soon as it takes effect. (2) The direction takes effect when it is given to the licensee or at the later time specified in the direction. S. 3.7.6D(3) amended by No. 4/2014 s. 36(2). (3) The power conferred by this section includes a power to give a direction to a licensee to adopt, vary, cease or refrain from any practice in respect of the activity. (4) A direction under this section must not be inconsistent with— (a) this Act, the regulations, the monitoring licence or related agreements referred to in section 3.4.48 or 3.4.48A; or S. 3.7.6D(4)(b) amended by Nos 4/2014 s. 36(3), 28/2022 s. 65. (b) a direction of the Minister under section 3.7.6B or 3.8A.21. Ch. 3 Pt 8 (Heading and ss 3.8.1–3.8.4) amended by No. 71/2008 s. 9, repealed by No. 56/2010 s. 61(2), new Ch. 3 Pt 8 (Heading and ss 3.8.1–3.8.13) inserted by No. 60/2011 s. 32, repealed by No. 28/2022 s. 66. Ch. 3 Pt 8A (Heading) amended by No. 18/2025 s. 10. Ch. 3 Pt 8A (Headings and ss 3.8A.1– 3.8A.30) inserted by No. 4/2014 s. 37. Part 8A—Pre-commitment S. 3.8A.1 inserted by No. 4/2014 s. 37. 3.8A.1 Definitions ***card encoder*** means a device that is capable of recording information onto a player card; ***card reader*** means a device that is capable of reading information stored on a player card; ***interactive display screen*** means a device that is capable of accepting input from, and showing information to, the player of the gaming machine on which the device is installed; ***kiosk*** means a device, incorporating a card reader, that allows a player to access information produced or stored by a pre-commitment system or loyalty scheme; ***player account equipment*** means the following equipment— (a) a card encoder; (b) a card reader; (c) an interactive display screen; (d) a keypad; (e) a kiosk; (f) equipment that is prescribed as player account equipment; S. 3.8A.1 def. of *player card* repealed by No. 42/2022 s. 59. ***pre-commitment system*** means an electronic or computer or communications system (other than a pre-commitment mechanism) that, by interfacing with player account equipment and player cards, provides for players of gaming machines to track, and set a time limit or net loss limit on, their playing of gaming machines. Division 2—Pre-commitment direction, approval and testing S. 3.8A.2 inserted by No. 4/2014 s. 37. 3.8A.2 Pre-commitment direction (1) The Minister may by instrument direct the monitoring licensee to— (a) on and after 1 December 2015— (i) provide, operate and maintain a pre-commitment system; and S. 3.8A.2 (1)(a)(ii) amended by No. 23/2025 s. 14(a). (ii) provide any services that are associated with the pre‑commitment system. S. 3.8A.2(1)(b) repealed by No. 23/2025 s. 14(b). (a) given to the monitoring licensee; and (b) published in the Government Gazette. (3) It is a condition of the monitoring licence that the licensee must comply with a direction under subsection (1). S. 3.8A.3 inserted by No. 4/2014 s. 37. 3.8A.3 Monitoring licensee must not provide unapproved pre-commitment system (1) The monitoring licensee must not provide, operate or maintain a pre-commitment system unless it has been approved by the Commission. (2) The monitoring licensee must not provide, operate or maintain a pre-commitment system which has been varied from the system approved by the Commission unless the variation has been approved by the Commission. S. 3.8A.4 inserted by No. 4/2014 s. 37. 3.8A.4 Commission may approve pre‑commitment system (1) The Commission may approve— (a) a pre-commitment system to be provided, operated and maintained by the monitoring licensee; or (b) a variation to a pre-commitment system that has already been approved under this subsection. (2) The Commission may require the monitoring licensee to provide any additional information or material that the Commission considers necessary to decide whether to make an approval under subsection (1). (3) Additional information or material under subsection (2) includes the results of any tests conducted, or recommendations made, by a person listed on the Roll who is accredited by the Commission to test a pre‑commitment system. (4) In deciding whether to make an approval under subsection (1), the Commission— (b) may have regard to the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c); and (c) may have regard to additional information or material provided to the Commission under subsection (2). (5) The Commission may make an approval under subsection (1) subject to any conditions that it thinks fit. S. 3.8A.5 inserted by No. 4/2014 s. 37. 3.8A.5 Testing of pre-commitment system (1) The Commission may test a pre-commitment system to determine whether there is compliance with— (a) this Act; and (b) the regulations; and (c) any relevant standards made by the Commission under section 10.1.5A. (2) The Commission may test a pre-commitment system under subsection (1)— (a) on its own motion if it has reasonable grounds; or (b) on request by the monitoring licensee. (3) The Commission, in approving a pre‑commitment system or a variation to a pre‑commitment system under section 3.8A.4, may require the monitoring licensee to engage a person listed on the Roll who is accredited by the Commission to test a pre‑commitment system to— (a) test the pre-commitment system or the variation to the pre-commitment system; and (b) make recommendations to the Commission on aspects of the pre‑commitment system or the variation to the pre-commitment system, if the Commission requires. (4) If the Commission requires the monitoring licensee to engage a person to test and make recommendations about a pre-commitment system or a variation to a pre-commitment system under this section, the monitoring licensee must provide the Commission with the results of any tests conducted and the recommendations. (5) The Commission may require the monitoring licensee to pay the reasonable costs of testing under this section. Division 3—Obligations of monitoring licensee, venue operators and casino operators S. 3.8A.6 inserted by No. 4/2014 s. 37, amended by No. 23/2025 s. 15. 3.8A.6 Application of Division This Division applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system. S. 3.8A.7 inserted by No. 4/2014 s. 37. 3.8A.7 Certificates of installation—player account equipment and parts of a pre‑commitment system ***relevant licensee*** means a person who holds— (a) a gaming industry employee's licence; or (b) a licence issued under Part 4 of the **Casino Control Act 1991**. (2) A relevant licensee who installs player account equipment or a part of a pre-commitment system on or in a gaming machine must— (a) certify, in a form approved by the Commission, that the part or equipment is functioning in the manner in which it is designed and programmed to function; and (b) retain the certificate for a period of 12 months immediately following the date of signature. (3) A relevant licensee must not sign a certificate referred to in subsection (2) knowing it to be false. (4) On and after 1 December 2015, a venue operator or casino operator must not allow gaming to commence on a gaming machine in respect of which certificates under subsection (2)— (b) have been signed in contravention of subsection (3). Penalty: 1000 penalty units. S. 3.8A.8 inserted by No. 4/2014 s. 37. 3.8A.8 Monitoring licensee must ensure that pre‑commitment system complies with standards and operational requirements (1) On and after 1 December 2015, the monitoring licensee must ensure that any pre-commitment system that it provides, operates and maintains complies with a standard made by the Commission under section 10.1.5A, unless the Commission has, in writing, given its approval to the monitoring licensee to operate a pre‑commitment system that does not comply with the standard. (2) On and after 1 December 2015, the monitoring licensee must ensure that any pre‑commitment services that it provides comply with a standard made by the Commission under section 10.1.5B, unless the Commission has, in writing, given its approval to the monitoring licensee to operate a pre-commitment system that does not comply with the standard. (3) On and after 1 December 2015, the monitoring licensee must comply with an operational requirement determined by the Commission under section 10.1.5C in relation to the provision of pre-commitment services unless the Commission has, in writing, given its approval to the monitoring licensee not to comply with the operational requirement. S. 3.8A.9 inserted by No. 4/2014 s. 37. 3.8A.9 Player account equipment must comply with regulations and standards (1) On and after 1 December 2015, a venue operator must ensure that player account equipment operating in the approved venue— (a) meets prescribed requirements (if any); and (b) complies with a standard made by the Commission under section 10.1.5A in respect of player account equipment unless the Commission has, in writing, given its approval to the venue operator to operate any player account equipment that does not comply with the standard. (2) On and after 1 December 2015, a casino operator must ensure that player account equipment operating in the casino— (a) meets prescribed requirements (if any); and (b) complies with a standard made by the Commission under section 10.1.5A in respect of player account equipment unless the Commission has, in writing, given its approval to the casino operator to operate any player account equipment that does not comply with the standard. S. 3.8A.10 inserted by No. 4/2014 s. 37. 3.8A.10 Offence for operator failing to ensure proper installation of player account equipment (1) On and after 1 December 2015, a venue operator must ensure that player account equipment is installed in the approved venue in the prescribed manner, quantity and location (if any). (2) On and after 1 December 2015, a casino operator must ensure that player account equipment is installed in the casino in the prescribed manner, quantity and location (if any). S. 3.8A.11 inserted by No. 4/2014 s. 37. 3.8A.11 Player cards must comply with regulations and standards (1) On and after 1 December 2015, a venue operator must ensure that player cards distributed or made available by the venue operator— (a) meet prescribed requirements (if any); and (b) comply with a standard made by the Commission under section 10.1.5A in respect of player cards unless the Commission has, in writing, given its approval to the venue operator to distribute or make available player cards that do not comply with the standard. (2) On and after 1 December 2015, a casino operator must ensure that player cards distributed or made available by the casino operator— (a) meet prescribed requirements (if any); and (b) comply with a standard made by the Commission under section 10.1.5A in respect of player cards unless the Commission has, in writing, given its approval to the casino operator to distribute or make available player cards that do not comply with the standard. S. 3.8A.12 inserted by No. 4/2014 s. 37. 3.8A.12 Operators must ensure functioning of player account equipment and connection to pre-commitment system (1) On and after 1 December 2015, a venue operator must, as far as is reasonably practical, ensure that the player account equipment installed in the approved venue is functioning in the manner in which it is designed and programmed to function— (a) in the case of equipment that is installed on or in a gaming machine, at all times that the gaming machine is available for gaming in the approved venue; or (b) in any other case, at all times that any gaming machine is available for gaming in the approved venue. (2) On and after 1 December 2015, a venue operator must, as far as is reasonably practical, ensure that any gaming machine that is available for gaming in the approved venue is capable of applying a time limit or net loss limit set under the pre-commitment system. (3) On and after 1 December 2015, a casino operator must, as far as is reasonably practical, ensure that the player account equipment installed in the casino is functioning in the manner in which it is designed and programmed to function— (a) in the case of equipment that is installed on or in a gaming machine, at all times that the gaming machine is available for gaming in the casino; or (b) in any other case, at all times that any gaming machine is available for gaming in the casino. (4) On and after 1 December 2015, a casino operator must, as far as is reasonably practical, ensure that any gaming machine that is available for gaming in the casino is capable of applying a time limit or net loss limit set under the pre-commitment system. S. 3.8A.13 inserted by No. 4/2014 s. 37. 3.8A.13 Offence for operator to permit gaming on gaming machine using alternative limit setting scheme On and after 1 December 2015, a venue operator or casino operator must not permit gaming on a gaming machine that is capable of applying a time limit or net loss limit set under a system or scheme other than a pre‑commitment system. S. 3.8A.13A inserted by No. 18/2025 s. 12. 3.8A.13A Direction for player accounts (1) The Minister may, by instrument, direct the monitoring licensee to ensure that a person cannot play a game on a gaming machine in an approved venue unless a player account has been established for the person. (a) given to the monitoring licensee; and (b) published in the Government Gazette. (3) It is a condition of the monitoring licence that the licensee must comply with a direction under subsection (1). (4) A direction under subsection (1) may apply on different days in relation to different geographical areas, different venues or different gaming machines. S. 3.8A.13B inserted by No. 18/2025 s. 12. 3.8A.13B Tabling and revocation of direction by Parliament (1) The Minister must cause a direction under section 3.8A.13A to be laid before each House of the Parliament within 10 sitting days after the direction is published in the Government Gazette. (2) A direction under section 3.8A.13A is revoked in whole or part if— (a) notice of a resolution to revoke the direction is given in a House of the Parliament on or before the 10th sitting day after the direction is laid before that House; and (b) the resolution is passed by that House on or before the 12th sitting day after notice is given under paragraph (a). (3) If a direction under section 3.8A.13A is revoked under subsection (2)— (a) any provision of a previous direction under section 3.8A.13A that had been revoked by the direction comes back into operation from the beginning of the day on which the direction is revoked; and (b) any provision of a previous direction under section 3.8A.13A that had been amended by the direction takes effect without that amendment from the beginning of the day on which the direction is revoked as if the amendment had not been made. (4) The Minister must publish a notice of the revocation of a direction or part of a direction under subsection (2) in the Government Gazette. S. 3.8A.13C inserted by No. 18/2025 s. 12. 3.8A.13C Offence for venue operator to permit gaming on gaming machine other than by use of player card (1) This section applies if a direction is in force under section 3.8A.13A. (2) A venue operator must not allow a person to play a game on a gaming machine other than by use of a player card that meets the prescribed requirements and specifications. (3) Subsection (2) does not apply during any period approved by the Commission in accordance with the regulations if the venue operator complies with any conditions imposed by the Commission. Section 71C(1) of the **Casino Control Act 1991** provides that a casino operator must not allow a game to be played in the casino other than by use of a player card that meets the prescribed requirements and specifications under that Act. Division 4—Related agreements S. 3.8A.14 inserted by No. 4/2014 s. 37, amended by No. 23/2025 s. 15. 3.8A.14 Application of Division This Division applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system. S. 3.8A.15 inserted by No. 4/2014 s. 37. 3.8A.15 Related agreement between monitoring licensee and venue operator or casino operator S. 3.8A.15(1) amended by No. 62/2017 s. 49(33). (1) Subject to this section and section 3.8A.17, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement or a casino operator to enter into an agreement with the monitoring licensee dealing with matters relating to the provision of pre-commitment services at or in relation to an approved venue. (2) Before giving a direction under subsection (1), the Minister must consult with the monitoring licensee and the venue operator or casino operator (as the case requires). (3) A direction under subsection (1) may require the casino operator to enter into an agreement with the monitoring licensee requiring the casino operator to provide, operate and maintain part of the pre‑commitment system that relates to the casino. S. 3.8A.16 inserted by No. 4/2014 s. 37. 3.8A.16 Related agreement between Minister and venue operator or casino operator S. 3.8A.16(1) amended by Nos 38/2017 s. 86(3), 62/2017 s. 49(34). (1) Subject to this section and section 3.8A.17, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement or a casino operator to enter into an agreement with the Minister dealing with matters relating to the provision of pre-commitment services at or in relation to an approved venue. (2) Before giving a direction under subsection (1), the Minister must consult with the venue operator or casino operator (as the case requires). S. 3.8A.17 inserted by No. 4/2014 s. 37. 3.8A.17 Content of direction A direction under section 3.8A.15 or 3.8A.16— (a) must be accompanied by a copy of this Division; and (b) may specify the terms or kinds of terms to be contained in an agreement to be entered into; and (c) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (d) may specify a date by which an agreement is to be entered into. S. 3.8A.18 inserted by No. 4/2014 s. 37. 3.8A.18 Direction to enter into related agreement must be complied with S. 3.8A.18(1) substituted by No. 62/2017 s. 49(35). (1) A casino operator must comply with a direction under section 3.8A.15 or 3.8A.16. S. 3.8A.18(1A) inserted by No. 62/2017 s. 49(35). (1A) Subject to subsection (1B), a venue operator must comply with a direction under section 3.8A.15 or 3.8A.16. S. 3.8A.18(1B) inserted by No. 62/2017 s. 49(35). (1B) A venue operator is not required to comply with a direction under section 3.8A.15 or 3.8A.16 in relation to a venue whose approval under Part 3 is suspended unless the venue operator is undertaking preparatory action in that venue under section 3.4A.9 or 3.4A.11R. (2) A casino operator or venue operator must give a copy of any agreement entered into in compliance with a direction under section 3.8A.15 or 3.8A.16 to the Commission. S. 3.8A.19 inserted by No. 4/2014 s. 37. 3.8A.19 No compensation payable because of a direction to enter into related agreement under section 3.8A.15 or 3.8A.16 No compensation is payable by the State because of a direction under section 3.8A.15 or 3.8A.16 or the entering into an agreement in compliance with a direction under either of those sections. Ch. 3 Pt 8A Div. 4A (Heading) amended by No. 62/2017 s. 71. Ch. 3 Pt 8A Div. 4A (Heading and ss 3.8A.19A–3.8A.19C) inserted by No. 64/2014 s. 12. Division 4A—Standard pre-commitment conditions S. 3.8A.19A (Heading) amended by No. 62/2017 s. 72(1). S. 3.8A.19A inserted by No. 64/2014 s. 12. 3.8A.19A Minister may determine standard pre‑commitment conditions S. 3.8A.19A(1) amended by No. 62/2017 s. 72(2). (1) The Minister may from time to time by instrument determine standard conditions (***standard pre‑commitment conditions***) that are to apply to a venue operator or a casino operator and to the monitoring licensee in relation to the provision of pre-commitment services. S. 3.8A.19A(2) amended by No. 62/2017 s. 72(3). (2) The Minister may determine different standard pre-commitment conditions for different venue operators or classes of venue operators and for casino operators. S. 3.8A.19A(3) amended by No. 62/2017 s. 72(3). (3) The Minister must consult venue operators, casino operators and the monitoring licensee before the Minister determines standard pre-commitment conditions that will apply to the operators or the licensee. S. 3.8A.19B (Heading) amended by No. 62/2017 s. 73(1). S. 3.8A.19B inserted by No. 64/2014 s. 12. 3.8A.19B Publication and effect of standard pre‑commitment conditions (1) A determination under section 3.8A.19A— (a) must be published in the Government Gazette; and (b) takes effect at the time it is published or at the later time specified in it. S. 3.8A.19B(2) amended by No. 62/2017 s. 73(2). (2) The monitoring licensee and each venue operator or casino operator to which a determination under section 3.8A.19A applies must comply with the standard pre-commitment conditions contained in the determination. S. 3.8A.19C (Heading) amended by No. 62/2017 s. 74. S. 3.8A.19C inserted by No. 64/2014 s. 12. 3.8A.19C No compensation for determination of standard pre‑commitment conditions No compensation is payable by the State because of the making of a determination under section 3.8A.19A. Division 5—Provision of information S. 3.8A.20 inserted by No. 4/2014 s. 37, amended by No. 23/2025 s. 16. 3.8A.20 Application of Division This Division applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system or the Minister has included as a condition of the monitoring licence that the licensee provide a pre‑commitment system. S. 3.8A.21 inserted by No. 4/2014 s. 37. 3.8A.21 Directions to monitoring licensee to provide information concerning pre‑commitment (1) The Minister may give a written direction to the monitoring licensee requiring the monitoring licensee to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the monitoring licensee; and (b) in the opinion of the Minister, relates to a pre-commitment system. (2) The monitoring licensee must comply with a direction under subsection (1). (3) The Minister may, for any purpose related to the provision of a pre-commitment system, disclose any information acquired by the Minister in response to a direction under subsection (1) to any person that the Minister considers appropriate. (4) The Minister may disclose information under subsection (3) subject to any conditions that the Minister thinks fit. S. 3.8A.22 inserted by No. 4/2014 s. 37. 3.8A.22 No compensation payable No compensation is payable by the State in respect of anything done under section 3.8A.21 or in compliance with a direction under that section. S. 3.8A.23 inserted by No. 4/2014 s. 37. 3.8A.23 Provision of information for research purposes (1) The Minister may from time to time direct the monitoring licensee to provide information derived from a pre-commitment system, other than information that identifies, or is capable of identifying, any person who is or was a participant in the scheme to any person or body for research purposes. (2) The monitoring licensee must comply with a direction given under subsection (1). Division 6—Confidentiality S. 3.8A.24 inserted by No. 4/2014 s. 37. 3.8A.24 Definition ***pre-commitment information*** means information that is obtained from the pre-commitment system. S. 3.8A.25 inserted by No. 4/2014 s. 37, substituted by No. 58/2015 s. 8. 3.8A.25 Restriction on disclosure of pre-commitment information (1) A person must not disclose pre-commitment information other than in accordance with this Division. (2) Without limiting anything in this Division, subsection (1) applies in relation to the disclosure of pre-commitment information to— (a) a court or tribunal; or (b) an authority or person having power to require the production of documents or the answering of questions. S. 3.8A.25A inserted by No. 58/2015 s. 8. 3.8A.25A Disclosure to courts and tribunals permitted with Ministerial approval A person may disclose pre-commitment information to a court or tribunal, or to an authority or person having power to require the production of documents or the answering of questions, if the Minister certifies that it is necessary in the public interest that the information should be disclosed to the court, tribunal, authority or person. S. 3.8A.26 inserted by No. 4/2014 s. 37. 3.8A.26 Disclosure with consent permitted A person may disclose pre-commitment information with the consent (express or implied) of the person to whom the pre‑commitment information relates. S. 3.8A.27 inserted by No. 4/2014 s. 37. 3.8A.27 Disclosure to enforcement agencies permitted A person may disclose pre-commitment information to an enforcement agency (within the meaning of section 10.1.29) for the purpose of law enforcement. S. 3.8A.28 inserted by No. 4/2014 s. 37. 3.8A.28 Disclosure for performance of functions A person may disclose pre-commitment information in the performance of a function under this Act or the regulations or an instrument made under this Act. S. 3.8A.29 inserted by No. 4/2014 s. 37. 3.8A.29 Disclosure of lawfully publicly available information permitted A person may disclose pre-commitment information that has lawfully been made publicly available. S. 3.8A.30 inserted by No. 4/2014 s. 37. 3.8A.30 Disclosure of de-identified information for research purposes A regulated person within the meaning of section 10.1.29 may disclose information to a person or body who conducts research if the information does not enable the identification of any person to whom the information relates. S. 3.8A.31 inserted by No. 42/2022 s. 60. 3.8A.31 Disclosure in relation to compliance A regulated person within the meaning of section 10.1.29 may disclose pre‑commitment information relating to the compliance or non-compliance by a venue operator or casino operator with— (a) this Act or the **Casino Control Act 1991**; or (b) regulations made under this Act or the **Casino Control Act 1991**. S. 3.8A.32 inserted by No. 23/2025 s. 60. 3.8A.32 Disclosure to casino operator in relation to downtime periods (1) A person may disclose pre-commitment information to a casino operator for the purpose of enabling the information to be stored during a downtime period and later communicated to the pre-commitment system. ***downtime period*** means a period approved by the Commission under section 62C(2A) of the **Casino Control Act 1991**. Part 9—General Ch. 3 Pt 9 Div. 1 (Heading and ss 3.9.1–3.9.3) repealed by No. 28/2022 s. 67. Division 2—General 3.9.4 Prohibition on recovery of costs of investigating persons on Roll or their associates (1) The Commission has no power to request, require or accept payment from any person in respect of the whole or any part of the costs of— S. 3.9.4(1)(a) amended by No. 28/2022 s. 68. (a) an investigation under section 10.4A.12 into— (i) an associate, or a person likely to become an associate, of a person listed on the Roll; or (ii) a person, body or association having a business association with a person referred to in subparagraph (i); or (b) disciplinary action taken under section 3.4.65, including any investigation undertaken for that purpose. (2) The Commission has no power to impose a condition on a person's listing on the Roll requiring the person to pay the whole or any part of the costs of an investigation or disciplinary action referred to in subsection (1). (3) Nothing in this section affects the power of the Commission to impose a fine on a person under section 3.4.65. 3.9.5 Appeals (1) A person whose interests are affected by a decision of the Commission— (a) to cancel or suspend, or to refuse to cancel or suspend, a licence under this Chapter; or (b) to revoke, or to refuse to revoke, an approval of premises under Part 3; or (c) to amend, or to refuse to amend, the conditions of a licence under this Chapter; or S. 3.9.5(1)(ca) inserted by No. 29/2009 s. 36. (ca) to amend, or to refuse to amend, a geographic area condition or venue condition to which a gaming machine entitlement is subject; or (d) to list, or refuse to list, a person on the Roll; or (e) to make a declaration under section 3.6.8; or (f) to approve, or to refuse to approve, a person as a nominee under section 3.4.14— may appeal to the Supreme Court from the decision on a question of law. (2) Section 74 of the **County Court Act 1958** applies to an appeal under subsection (1) with such modifications as are necessary. (3) The Supreme Court must hear and determine the appeal and may make any of the following orders— (a) an order affirming or setting aside the decision of the Commission; (b) an order remitting the matter to the Commission to decide again in accordance with any directions of the Supreme Court; (c) any other order the Supreme Court considers appropriate. S. 3.9.6 amended by No. 28/2022 s. 69. 3.9.6 Injunctions to prevent contraventions etc. If a venue operator has engaged or is proposing to engage in conduct that constitutes or would constitute— (a) a contravention of a provision of this Chapter; or (b) attempting to contravene such a provision; or (c) aiding, abetting, counselling or procuring a person to contravene such a provision; or (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or (f) conspiring with others to contravene such a provision— the Commission may apply to a court of competent jurisdiction for an injunction on any terms that the court determines to be appropriate. Chapter 4—Wagering and betting 4.1.1 Purpose The purpose of this Chapter is— (a) to make provision for the carrying on of licensed wagering and betting, by— S. 4.1.1(a)(i) repealed by No. 28/2022 s. 70(a). S. 4.1.1(a)(ia) inserted by No. 40/2008 s. 5(1). (ia) the issuing of a wagering and betting licence; (ii) the approval of betting competitions; (iii) the issuing of permits to conduct on‑course wagering; S. 4.1.1(a)(iv) amended by No. 29/2009 s. 48(1). (iv) imposing controls over the conduct of wagering and approved betting competitions; and S. 4.1.1(ab) inserted by No. 29/2009 s. 48(2), amended by No. 13/2023 s. 7. (ab) to provide for a wagering and betting licensee to conduct a betting exchange; and S. 4.1.1(ac) inserted by No. 56/2014 s. 44, amended by No. 28/2022 s. 70(b). (ac) to regulate the publication and use of race fields. S. 4.1.1(b) repealed by No. 28/2022 s. 70(c). 4.1.2 Definitions S. 4.1.2 def. of *appropriate controlling body* inserted by No. 56/2014 s. 45. ***appropriate controlling body*** means— (a) in the case of horse racing, Racing Victoria; (b) in the case of harness racing, Harness Racing Victoria; (c) in the case of greyhound racing, Greyhound Racing Victoria; S. 4.1.2 def. of *approved simulated racing event* inserted by No. 29/2009 s. 49(1). ***approved simulated racing event*** means a simulated racing event approved by the Commission under section 4.5.11A; S. 4.1.2 def. of *betting exchange commission* inserted by No. 29/2009 s. 49(1). ***betting exchange commission*** means commission payable by a registered player in accordance with the betting exchange rules in respect of a brokered betting event; S. 4.1.2 def. of *brokered betting event* inserted by No. 29/2009 s. 49(1), amended by No. 13/2023 s. 8(a). ***brokered betting event*** means a horse race, harness race or greyhound race or other competition or event in respect of which persons may offer or accept bets by way of a betting exchange conducted by a wagering and betting licensee; ***exempt totalisator*** means a totalisator in respect of which an exemption under section 4.1.3 is in force; S. 4.1.2 defs of *licensee*, *operator* repealed by No. 28/2022 s. 71. S. 4.1.2 def. of *permit* amended by No. 29/2009 s. 49(2). ***permit*** means an on-course wagering permit granted under Part 4; S. 4.1.2 def. of *publication and use approval* inserted by No. 56/2014 s. 45. ***publication and use approval*** means an approval granted under section 4.2.3C; S. 4.1.2 def. of *publish* inserted by No. 56/2014 s. 45. ***publish*** includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers); S. 4.1.2 def. of *registered player* inserted by No. 29/2009 s. 49(1), amended by No. 13/2023 s. 8(b). ***registered player*** means a person registered with a wagering and betting licensee as a person— (a) who may— (i) offer or accept bets by way of the betting exchange conducted by the wagering and betting licensee; or (ii) make bets and wagers with the wagering and betting licensee; and (b) who, as a requirement of that registration, has an account with the wagering and betting licensee for the purpose of— (i) offering or accepting bets by way of the betting exchange conducted by the wagering and betting licensee; or (ii) making bets and wagers with the wagering and betting licensee as a registered player. 4.1.3 Exemption of totalisators S. 4.1.3(1) repealed by No. 28/2022 s. 72. S. 4.1.3(2) amended by No. 40/2008 s. 5(2), repealed by No. 28/2022 s. 72. S. 4.1.3(3) repealed by No. 28/2022 s. 72. S. 4.1.3(4) inserted by No. 40/2008 s. 5(3), amended by Nos 27/2013 s. 9(1), 13/2023 s. 9(a). (4) For the purposes of Part 6, the Treasurer, by notice given to a wagering and betting licensee, may grant the wagering and betting licensee an exemption, subject to the conditions (if any) determined by the Treasurer and specified in the notice, for a totalisator conducted by the wagering and betting licensee or the wagering and betting operator if the Treasurer is satisfied that the totalisator is not connected with wagering or approved betting competitions conducted in Victoria. S. 4.1.3(5) inserted by No. 40/2008 s. 5(3), amended by No. 13/2023 s. 9(b). (5) The Treasurer, by notice given to a wagering and betting licensee, may, subject to the conditions (if any) determined by the Treasurer and specified in the notice, declare that specified amounts, or amounts of a specified class, invested in a totalisator are deemed, for the purposes of sections 4.6.1(2) and 4.6.4(2), not to form part of the total amount invested in that totalisator. S. 4.1.3(6) inserted by No. 27/2013 s. 9(2), amended by No. 13/2023 s. 9(c). (6) The Treasurer, by notice given to a wagering and betting licensee, may, subject to the conditions (if any) determined by the Treasurer and specified in the notice, declare that specified amounts, or amounts of a specified class, are deemed, for the purposes of section 4.6.6(2A), not to form part of the net investment in approved betting competitions at fixed odds conducted by the wagering and betting licensee or the wagering and betting operator. Part 2—General authorisation for wagering and betting Division 1—Legality of wagering and betting 4.2.1 Wagering and approved betting competitions (1) The conduct of wagering and approved betting competitions is lawful when conducted in accordance with a licence or permit granted under this Chapter and is not a public or private nuisance. (2) Any place in which wagering or an approved betting competition is conducted as referred to in subsection (1) is not a common gaming house or place. S. 4.2.1(3) amended by Nos 40/2008 s. 5(4)(a), 28/2022 s. 73, 13/2023 s. 10. (3) Despite anything to the contrary in Chapter 2, a wagering and betting licensee or the holder of a permit may broadcast, display and publish information related to races and race meetings and betting odds on any race or combination of races. S. 4.2.1(4) repealed by No. 56/2014 s. 46. S. 4.2.1A inserted by No. 29/2009 s. 50, amended by No. 13/2023 s. 11. 4.2.1A Conduct of betting exchanges The conduct of a betting exchange from a telecommunication device is lawful when conducted in accordance with this Act and a wagering and betting licence. 4.2.2 Use of totalisator lawful (1) The use of a totalisator as provided by this Chapter is lawful. (2) A person who uses or conducts a totalisator as provided by this Chapter, the regulations and the betting rules is not guilty of an offence at common law or under any Act by reason of so using or conducting a totalisator. (3) Subject to this Act, the mere fact of persons wagering or betting by means of a totalisator— (a) does not constitute the wagering or betting an offence at common law or under an Act; S. 4.2.2.(3)(b) repealed by No. 56/2014 s. 47. (c) is not a public nuisance. 4.2.3 Approval of totalisator equipment S. 4.2.3(1) amended by Nos 40/2008 s. 5(4)(a), 28/2022 s. 74(a), 13/2023 s. 12(a). (1) A wagering and betting licensee or the holder of a permit must not use, or cause or permit to be used— (a) any instrument or contrivance; or (b) any computer hardware or software; or (c) any other equipment— in connection with a totalisator or approved betting competition unless the instrument, contrivance, hardware, software or equipment has been approved by the Commission. S. 4.2.3(2) amended by Nos 40/2008 s. 5(4)(a), 28/2022 s. 74(b), 13/2023 s. 12(a). (2) A wagering and betting licensee or the holder of a permit must not make, or cause or permit to be made, any change in any instrument, contrivance, hardware, software or other equipment approved by the Commission under subsection (1) unless the change has been approved by the Commission. S. 4.2.3(3) substituted by No. 58/2009 s. 64. (3) In approving an instrument, a contrivance, hardware, software or equipment under this section, the Commission— (b) may have regard to the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c). (4) The Commission may make an approval under this section subject to such conditions as it thinks fit. S. 4.2.3(5) amended by Nos 40/2008 s. 5(4)(a), 28/2022 s. 74(c), 13/2023 s. 12(b). (5) The Commission may, for just and reasonable cause, withdraw an approval given under this section by instrument given to a wagering and betting licensee or the holder of a permit, as the case requires. Ch. 4 Pt 2 Div. 1A (Heading and ss 4.2.3A-4.2.3E) inserted by No. 56/2014 s. 48 (as amended by No. 64/2014 s. 57). Division 1A—Regulation of publication and use of race fields S. 4.2.3A inserted by No. 56/2014 s. 48 (as amended by No. 64/2014 s. 57). 4.2.3A Restrictions on publication and use of race fields (1) A wagering service provider must not, in Victoria or elsewhere, publish, cause to be published, use or otherwise make available, a race field in the course of business unless— (a) the wagering service provider has obtained the publication and use approval of the appropriate controlling body; and (b) the wagering service provider complies with the conditions (if any) to which the approval is subject. (2) Subsection (1) does not apply to a registered bookmaker. S. 4.2.3B inserted by No. 56/2014 s. 48 (as amended by No. 64/2014 s. 57). 4.2.3B Application for race field publication and use approval (1) A wagering service provider may apply to an appropriate controlling body for publication and use approval. (2) An application for approval must— (a) be made in the prescribed time; and (b) be in the prescribed form; and (c) contain or be accompanied by any additional information the appropriate controlling body requires. S. 4.2.3C inserted by No. 56/2014 s. 48 (as amended by No. 64/2014 s. 57). 4.2.3C Publication and use approval (1) An appropriate controlling body may grant an approval to a wagering service provider to publish, cause to be published, use or otherwise make available in the course of business, in Victoria or elsewhere, a race field if the wagering service provider makes an application for that approval in accordance with section 4.2.3B. (2) For the purposes of determining an application for publication and use approval, an appropriate controlling body— (a) must consider the prescribed matters (if any); and (b) may consider any other matters the appropriate controlling body considers to be relevant. (3) An appropriate controlling body must— (a) determine an application by either granting or refusing publication and use approval in the prescribed time; and (b) notify the applicant in writing of its decision to grant or refuse publication and use approval in the prescribed time. (4) Publication and use approval may be granted subject to any conditions the appropriate controlling body thinks fit, including a condition that the wagering service provider pay, in the manner specified in the approval, a fee or a series of fees of an amount or amounts— (a) specified in the approval; or (b) calculated in accordance with a formula or formulae specified in the approval. (5) Any fee that is payable as a condition of the approval is a debt due to the appropriate controlling body that granted the approval and may be recovered in any court of competent jurisdiction. (6) A publication and use approval— (a) takes effect on the day specified by the appropriate controlling body in the approval; and (b) remains in force for the period specified by the appropriate controlling body in the approval, unless revoked earlier under subsection (7). (7) At any time the appropriate controlling body, by written notice to the wagering service provider, may— (a) vary the publication and use approval (including by varying the conditions to which the approval is subject); or (b) revoke the publication and use approval for any reasonable cause stated by the appropriate controlling body in the notice of revocation. S. 4.2.3D inserted by No. 56/2014 s. 48 (as amended by No. 64/2014 s. 57). 4.2.3D Tribunal review (1) A wagering service provider whose interests are affected by the relevant decision may apply to the Tribunal for review of a decision of an appropriate controlling body— (a) to refuse an application by the wagering service provider for a publication and use approval; or (b) to impose a condition on the publication and use approval (other than a condition relating to the payment of a fee or series of fees); or (c) to vary or revoke the publication and use approval (other than by varying a condition relating to the payment of a fee or series of fees). (2) An application for review must be made within 28 days after the latest of— (a) the day on which the decision was made; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the wagering service provider requests a statement of reasons for the decision, the day on which the statement of reasons is given to the wagering service provider or the wagering service provider is informed under section 46(5) of that Act that a statement of reasons will not be given; or (c) if, under section 10.1.24, the wagering service provider requests a statement of reasons for the decision, the day on which the statement of reasons is given to the wagering service provider or the wagering service provider is informed under section 10.1.23(6) that a statement of reasons will not be given. S. 4.2.3E inserted by No. 56/2014 s. 48 (as amended by No. 64/2014 s. 57). 4.2.3E Competition and Consumer Act and Competition Code (1) For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following things are authorised by this Act— (a) any agreement entered into between— (i) 2 or more appropriate controlling bodies in relation to the appointment of an agent to collect, or the collection by an agent or any of the controlling bodies of, fees that are payable to those bodies under a publication and use approval; or (ii) one or more appropriate controlling bodies and any corresponding body of another State or Territory in relation to the appointment of an agent to collect, or the collection by an agent or any of the controlling bodies of, fees that are payable to those bodies in relation to the publication or use of a race field; (b) the conduct of appropriate controlling bodies and any agents in negotiating and entering an agreement under paragraph (a); (c) the conduct of appropriate controlling bodies and any agent in performing an agreement under paragraph (a). ***agreement*** includes a contract, arrangement or understanding. Division 2—Betting rules 4.2.4 Totalisator or approved betting competition not to be conducted without rules S. 4.2.4(1) amended by Nos 40/2008 s. 5(4)(b), 28/2022 s. 75, 13/2023 s. 13. (1) A wagering and betting licensee must not conduct a totalisator or hold an approved betting competition unless there are in force betting rules under this Division applying to that totalisator or competition, or to totalisators or competitions of that type. S. 4.2.4(2) amended by No. 40/2008 s. 5(4)(c). (2) The holder of a permit must not conduct a totalisator unless there are in force betting rules under this Division applying to that totalisator or to totalisators of that type. S. 4.2.4A inserted by No. 29/2009 s. 51. 4.2.4A Betting exchange rules S. 4.2.4A(1) amended by No. 13/2023 s. 14(a). (1) A wagering and betting licensee must not operate a betting exchange unless there are in force betting exchange rules under this Division applying to that betting exchange. S. 4.2.4A(2) amended by No. 13/2023 s. 14(b). (2) Subject to this Act, the regulations and any condition of their wagering and betting licence, a wagering and betting licensee must make betting exchange rules in relation to the betting exchange. (3) Betting exchange rules made under subsection (2) must specify the maximum amount (whether expressed as a percentage or otherwise) that may be deducted as a betting exchange commission. S. 4.2.4A(3A) inserted by No. 58/2009 s. 65, amended by No. 23/2025 s. 74(Sch. 1 item 2.14). (3A) Despite anything to the contrary in this section, a betting exchange rule that specifies a maximum amount that may be deducted as commission referred to in subsection (3) does not have effect unless, before the rule is made, the Treasurer has given consent in writing to the maximum amount so specified. (4) Betting exchange rules must specify the day on which they are made and the day on which they come into operation, being a day at least 4 weeks after the day on which they are made or such earlier day (not being earlier than the day of making) approved in writing by the Commission. (5) Betting exchange rules may confer a discretionary authority or impose a duty on a specified person or class of persons. S. 4.2.4A(6) amended by No. 13/2023 s. 14(c). (6) A wagering and betting licensee must comply with the prescribed requirements relating to the making of betting exchange rules. S. 4.2.4A(7) amended by No. 13/2023 s. 14(d). (7) Betting exchange rules, as in force when a bet is made, form part of the contract between a wagering and betting licensee and a registered player. S. 4.2.4A(8) amended by No. 13/2023 s. 14(d). (8) In the case of a brokered betting event, the contract between a wagering and betting licensee and a registered player is to be taken to be subject to the laws of Victoria. S. 4.2.4A(9) amended by No. 13/2023 s. 14(e). (9) A wagering and betting licensee must make available an up-to-date copy of the betting exchange rules on its website. 4.2.5 Licensee to make betting rules S. 4.2.5(1) repealed by No. 28/2022 s. 76(a). S. 4.2.5(1A) inserted by No. 40/2008 s. 5(5), amended by No. 13/2023 s. 15(a). (1A) Subject to this Act, the regulations and any condition of their wagering and betting licence, a wagering and betting licensee must make betting rules in relation to— (a) totalisators for wagering; and (b) totalisators for approved betting competitions; and (c) betting in approved betting competitions at fixed odds; and (d) any other matters that are necessary for the proper carrying on of a business of wagering and a business of conducting approved betting competitions. S. 4.2.5(2) amended by Nos 40/2008 s. 5(6)(a), 28/2022 s. 76(b). (2) Betting rules may, without limiting subsection (1A)(d), include provisions relating to— (a) placing of bets, including minimum bets; (b) odds; (c) dividends or prizes, including minimum dividends or prizes, calculation of dividends or prizes, payment of dividends or prizes and unclaimed dividends or prizes; (d) refunds; (e) betting accounts; (f) jackpots; (g) determination of disputes; (h) display of information. S. 4.2.5(2A) inserted by No. 22/2007 s. 9(1), amended by Nos 40/2008 s. 5(6)(b), 28/2022 s. 76(c). (2A) Betting rules under subsection (1A)(a) must specify the maximum amount (whether expressed as a percentage or otherwise) that may be deducted as commission out of the total amount invested in each totalisator to which the rules relate. S. 4.2.5(2B) inserted by No. 22/2007 s. 9(1), substituted by No. 64/2014 s. 13(1). (2B) The maximum amount of commission specified in accordance with subsection (2A) cannot exceed— (a) in the case of a commission to be deducted out of an amount invested in an internationally pooled totalisator—40% of the total amount invested in the totalisator; or (b) in the case of a commission to be deducted out of an amount invested in any other totalisator—25% of the total amount invested in the totalisator. S. 4.2.5(2BA) inserted by No. 64/2014 s. 13(2). (2BA) For the purposes of subsection (2B), a totalisator is an ***internationally pooled totalisator*** if it is conducted— (a) in Australia in respect of a wagering event occurring outside Australia; and (b) in conjunction with a totalisator that is conducted outside Australia in respect of that event. S. 4.2.5(2C) inserted by No. 22/2007 s. 9(1), amended by No. 23/2025 s. 74(Sch. 1 item 2.14). (2C) Despite anything to the contrary in this section, a betting rule that specifies a maximum amount that may be deducted as commission referred to in subsection (2A) does not have effect unless, before the rule is made, the Treasurer has given consent in writing to the maximum amount so specified. (3) Betting rules must specify the day on which they are made and the day on which they come into operation, being a day at least 4 weeks after the day on which they are made or such earlier day (not being earlier than the day of making) approved in writing by the Commission. (4) Betting rules may confer a discretionary authority or impose a duty on a specified person or class of persons. S. 4.2.5(5) amended by Nos 40/2008 s. 5(6)(c), 28/2022 s. 76(d), 13/2023 s. 15(b). (5) A wagering and betting licensee must comply with the prescribed requirements relating to the making of betting rules. S. 4.2.5(6) substituted by No. 40/2008 s. 5(7), repealed by No. 28/2022 s. 76(e). S. 4.2.5(7) inserted by No. 40/2008 s. 5(7), amended by No. 13/2023 s. 15(c). (7) Betting rules under subsection (1A), as in force when the bet is made, form part of the contract between a wagering and betting licensee and an investor. S. 4.2.6 (Heading) amended by No. 29/2009 s. 52(1). 4.2.6 Disallowance of betting rules or betting exchange rules S. 4.2.6(1) amended by Nos 40/2008 s. 5(8)(a), 29/2009 s. 52(2), 28/2022 s. 77(a), 13/2023 s. 16. (1) A wagering and betting licensee must give a copy of any betting rules or betting exchange rules to the Commission as soon as practicable after making them. S. 4.2.6(2) amended by Nos 40/2008 s. 5(8)(b), 29/2009 s. 52(3), 28/2022 s. 77(b). (2) The Commission may disallow a betting rule or a betting exchange rule in whole or part at any time by giving notice in writing given to the wagering and betting licensee, if the Commission is satisfied that the rule is— (a) unfair to investors; or (b) unreasonable; or (c) contrary to the public interest. S. 4.2.6(3) amended by Nos 40/2008 s. 5(8)(c), 29/2009 s. 52(3), 28/2022 s. 77(b). (3) Disallowance of a betting rule or a betting exchange rule takes effect on a day specified in the notice under subsection (2), being a day not earlier than 3 days after the notice is given to the wagering and betting licensee. S. 4.2.6(4) amended by No. 29/2009 s. 52(3). (4) If, before a betting rule or a betting exchange rule is made, the Commission consents in writing to the making of the rule in a specified form, the Commission must not disallow the rule within the period of 6 months after it is made. S. 4.2.6(5) inserted by No. 22/2007 s. 9(2). (5) Despite anything to the contrary in this section, the Commission has no power to disallow a betting rule that specifies the maximum amount that may be deducted as commission out of the total amount invested in each totalisator to which the rule relates. S. 4.2.6(6) inserted by No. 58/2009 s. 66. (6) Despite anything to the contrary in this section, the Commission has no power to disallow a betting exchange rule that specifies the maximum amount that may be deducted as a betting exchange commission. S. 4.2.7 (Heading) amended by No. 28/2022 s. 78. S. 4.2.7 inserted by No. 29/2009 s. 53. 4.2.7 Commission may direct licensee to deal with certain bets S. 4.2.7(1) amended by No. 13/2023 s. 17(a). (1) If the Commission disallows a betting exchange rule under which bets have been accepted in relation to a horse race, harness race or greyhound race or other competition or event that does not occur before that disallowance takes effect, the Commission may direct, in writing, the wagering and betting licensee who made the rule to settle or deal with those bets in the manner specified in the direction. S. 4.2.7(2) amended by No. 13/2023 s. 17(b). (2) A wagering and betting licensee must comply with a direction under subsection (1) without delay. Ch. 4 Pt 2 Div. 3 (Heading and ss 4.2.8–4.2.11) inserted by No. 29/2009 s. 54. Division 3—Conduct of wagering and betting by wagering and betting licensee S. 4.2.8 inserted by No. 29/2009 s. 54, amended by No. 13/2023 s. 18. 4.2.8 Acceptance of wagers and bets A wagering and betting licensee must not accept, or authorise an agent of the licensee to accept, wagers on wagering events, or bets on approved betting competitions conducted by the licensee, that are not in accordance with the distribution arrangements authorised under the licensee's wagering and betting licence. S. 4.2.9 inserted by No. 29/2009 s. 54. 4.2.9 Agents of licensee S. 4.2.9(1) amended by No. 13/2023 s. 19(a). (1) A person who is not an agent of a wagering and betting licensee must not hold themselves out as an agent of the licensee. S. 4.2.9(2) amended by No. 13/2023 s. 19(b). (2) A wagering and betting licensee may accredit in writing agents of the licensee to accept wagers on wagering events or bets on approved betting competitions on behalf of the licensee. S. 4.2.9(3) amended by No. 13/2023 s. 19(c)(i). (3) A wagering and betting licensee must give the Commission— (a) the names and addresses of— S. 4.2.9(3)(a)(i) amended by No. 58/2009 s. 142(7). (i) agents accredited by the licensee; and (ii) any other agents and contractors to be used by the licensee to assist the licensee in conducting wagering and approved betting competitions; and S. 4.2.9(3)(b) amended by No. 13/2023 s. 19(c)(ii). (b) a copy of any agreement between the licensee and an agent under which that agent accepts, on behalf of the licensee— (ii) bets on approved betting competitions conducted by the licensee. S. 4.2.9(4) amended by No. 13/2023 s. 19(d). (4) A wagering and betting licensee must give the information under subsection (3), and a copy of any agreement referred to in that subsection, to the Commission within 14 days after the accreditation or appointment of the agent or contractor (as the case requires). S. 4.2.10 inserted by No. 29/2009 s. 54. 4.2.10 Investigation of complaints S. 4.2.10(1) amended by No. 13/2023 s. 20. (1) On receiving a complaint from a person relating to the conduct of wagering or an approved betting competition by a wagering and betting licensee, the Commission must investigate the complaint without delay. (2) The Commission must inform the wagering and betting licensee of the substance of the complaint and give the licensee a reasonable opportunity to respond to it. S. 4.2.11 inserted by No. 29/2009 s. 54. 4.2.11 Termination of certain agent agreements (1) This section applies if the Commission is of the opinion that— (a) an agent who is a party to an agreement referred to in section 4.2.9(3) has contravened this Act or the regulations; or S. 4.2.11(1)(b) amended by No. 13/2023 s. 21(a). (b) conduct of an agent who is a party to an agreement referred to in section 4.2.9(3) has been inconsistent with the Responsible Gambling Code of Conduct of the wagering and betting licensee who is a party to the agreement; or S. 4.2.11(1)(c) amended by No. 13/2023 s. 21(b). (c) an agent who is a party to an agreement referred to in section 4.2.9(3) has, other than in accordance with the betting rules of the wagering and betting licensee who is a party to the agreement, wagered on a wagering event, or bet on an approved betting competition conducted by the licensee, at the place where they accept, on behalf of the licensee— (ii) bets on approved betting competitions conducted by the licensee; or S. 4.2.11(1)(d) amended by No. 13/2023 s. 21(b). (d) an employee of an agent who is a party to an agreement referred to in section 4.2.9(3) has, other than in accordance with the betting rules of the wagering and betting licensee who is a party to the agreement, wagered on a wagering event, or bet on an approved betting competition conducted by the licensee, at the place where the agent accepts, on behalf of the licensee— (ii) bets on approved betting competitions conducted by the licensee. (2) The Commission, by written notice given to the wagering and betting licensee, may direct the licensee to terminate the agreement the licensee has with the agent within 28 days after being given the notice. (3) The wagering and betting licensee must comply with a direction under subsection (2). (4) Within 14 days after receiving a notice under subsection (2), the wagering and betting licensee may make representations to the Commission as to why it should not comply with a direction under subsection (2). (5) The Commission, by written notice given to the wagering and betting licensee, may revoke a direction referred to in subsection (2). The Commission may do so only if the period within which the agreement must be terminated has not expired. (6) No compensation is payable by the State to any person (including the wagering and betting licensee) as a result of the termination of an agreement by the wagering and betting licensee in compliance with a direction under subsection (2). Ch. 4 Pt 3 (Headings and ss 4.3.1–4.3.34) amended by Nos 10/2004 s. 15(Sch. 1 item 10.5), 104/2004 ss 9–12, 39(5)(m), 22/2005 s. 5, 72/2007 ss 19–22, 40/2008 ss 6, 7, 71/2008 ss 10, 11, 58/2009 s. 67, 56/2010 s. 61(3)(6), 44/2014 s. 33(Sch. item 14), 62/2017 s. 57(2), 1/2021 s. 16, repealed by No. 28/2022 s. 79. Ch. 4 Pt 3A (Heading and ss 4.3A.1–4.3A.39) inserted by No. 40/2008 s. 8. Part 3A—Wagering and betting licence Ch. 4 Pt 3A Div. 1AA (Heading and s. 4.3A.1AA) inserted by No. 60/2011 s. 51. S. 4.3A.1AA inserted by No. 60/2011 s. 51. 4.3A.1AA Definitions S. 4.3A.1AA def. of *applicant* amended by No. 13/2023 s. 22(a). ***applicant*** means an applicant for a wagering and betting licence; ***contact*** includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means; S. 4.3A.1AA def. of *government representative* amended by No. 23/2025 s. 74(Sch. 1 item 2.15). (f) a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with the Secretary's obligations under this Part or Division 1A or 1B of Part 4 of Chapter 10; S. 4.3A.1AA def. of *interested person* substituted by No. 1/2021 s. 17(b), amended by No. 13/2023 s. 22(b). (d) a wagering and betting licensee; or S. 4.3A.1AA def. of *licence awarding process* substituted by No. 1/2021 s. 17(c), amended by No. 13/2023 s. 22(c). (a) the Minister's decision to invite a person to apply for a wagering and betting licence; (b) the Minister's determination whether to grant or refuse an application for a wagering and betting licence; (c) the preparation or making of a recommendation or report, or any other thing that may be or is required to be done under the Act, for the purpose of the Minister making a decision or determination referred to in paragraph (a) or (b); S. 4.3A.1AA def. of *lobbying activity* amended by No. 13/2023 s. 22(d). (a) in relation to a licence awarding process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process; (b) in relation to a request to amend a wagering and betting licence under section 4.3A.22, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to the licence; S. 4.3A.1AA def. of *pending applicant* inserted by No. 1/2021 s. 17(a), amended by No. 13/2023 s. 22(e). ***pending applicant*** means a person the Minister has invited to apply for a wagering and betting licence but that has not applied for a wagering and betting licence under section 4.3A.5; S. 4.3A.1AA def. of *possible invitee* inserted by No. 1/2021 s. 17(a), amended by No. 13/2023 s. 22(f). ***possible invitee*** means a person the Minister is considering inviting to apply for a wagering and betting licence. S. 4.3A.1AA def. of *registrant* repealed by No. 1/2021 s. 17(d). Division 1—Authority and number of wagering and betting licences S. 4.3A.1 inserted by No. 40/2008 s. 8, amended by No. 13/2023 s. 23. 4.3A.1 Authority of wagering and betting licence A wagering and betting licence authorises a wagering and betting licensee to conduct, subject to this Act and the regulations, the **Racing Act 1958** and any conditions to which the licence is subject— (a) wagering; and S. 4.3A.1(b) amended by No. 29/2009 s. 55(1). (b) approved betting competitions; and S. 4.3A.1(c) inserted by No. 29/2009 s. 55(2). (c) approved simulated racing events; and S. 4.3A.1(d) inserted by No. 29/2009 s. 55(2). (d) a betting exchange. S. 4.3A.2 inserted by No. 40/2008 s. 8, substituted by No. 13/2023 s. 24. 4.3A.2 Minister determines number of wagering and betting licences The Minister is to determine from time to time the number of wagering and betting licences that may be issued. S. 4.3A.3 inserted by No. 40/2008 s. 8, amended by Nos 56/2010 s. 37, 60/2011 s. 52, 43/2012 s. 3(Sch. item 22.3), substituted by No. 1/2021 s. 18. 4.3A.3 Minister may invite applications S. 4.3A.3(1) amended by No. 13/2023 s. 25. (1) The Minister may invite a person that is a body corporate but not a prohibited person to apply for a wagering and betting licence. S. 4.3A.3(2) amended by No. 13/2023 s. 25. (2) The Minister may take into account any other matter in deciding whether to invite a person to apply for a wagering and betting licence. ***prohibited person*** means— (a) a licensed racing club; or (b) Racing Products; or (c) Racing Victoria; or (d) VicRacing; or (e) a body corporate— (i) in which any share is held by or on behalf of an entity referred to in paragraph (a), (b), (c) or (d); or (ii) of which an entity referred to in paragraph (a), (b), (c) or (d) is a member. S. 4.3A.4 inserted by No. 40/2008 s. 8, substituted by No. 1/2021 s. 18. 4.3A.4 Secretary may report on suitability of persons Minister is considering to invite to apply for wagering and betting licence S. 4.3A.4(1) amended by No. 13/2023 s. 26. (1) If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering inviting to apply for a wagering and betting licence. S. 4.3A.4A inserted by No. 1/2021 s. 18. 4.3A.4A Consent required for reports and investigation For the purpose of preparing a report under section 4.3A.4 or 4.3A.6 to give to the Minister and for investigations and inquiries to be carried out under Division 1C or 1D of Part 4 of Chapter 10 for the purpose of preparing a report under section 4.3A.4 or 4.3A.6, the Secretary must obtain the written consent of— S. 4.3A.4A (b)(i) amended by No. 13/2023 s. 27. (i) to invite a possible invitee to apply for a wagering and betting licence; or S. 4.3A.4A (b)(ii) amended by No. 13/2023 s. 27. (ii) a pending applicant or an applicant should be granted a wagering and betting licence under this Division. S. 4.3A.5 inserted by No. 40/2008 s. 8. 4.3A.5 Application for licence S. 4.3A.5(1) amended by Nos 1/2021 s. 19(1)(a), 13/2023 s. 28(1). (1) A person who has been invited by the Minister under section 4.3A.3(1) to apply for a wagering and betting licence— S. 4.3A.5(1)(b)(i) amended by Nos 1/2021 s. 19(1)(b), 13/2023 s. 28(1). (i) requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for a wagering and betting licence; and (ii) reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and S. 4.3A.5(2) (ab) inserted by No. 40/2008 s. 27(1). (ab) must be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and (3) The Minister may require an applicant to provide any further information to the Minister in connection with the application. (4) The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant. (5) The Minister must refer each licence application to the Secretary for a report under section 4.3A.6. (6) If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary. S. 4.3A.5(7) repealed by No. 60/2011 s. 53. Note to s. 4.3A.5 substituted by No. 1/2021 s. 19(2), amended by No. 13/2023 s. 28(2). Division 1D of Part 4 of Chapter 10 provides for the investigation of an application for a wagering and betting licence. S. 4.3A.6 inserted by No. 40/2008 s. 8. 4.3A.6 Report to Minister by Secretary on applications (a) stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied to grant the licence application have been made out; and (b) stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 4.3A.5 have been complied with; and (2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions. S. 4.3A.7 inserted by No. 40/2008 s. 8. 4.3A.7 Determination of applications (1) The Minister is to determine whether to grant or refuse a licence application after receiving the report of the Secretary under section 4.3A.6. S. 4.3A.7(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.16(a)). (2) The Minister may grant a licence application only if satisfied— (a) that the granting of the application is in the public interest, taking into account each of the following matters— (i) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; (ii) whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner; (iii) whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's wagering and betting business, is a suitable person to act in that capacity; (iv) whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (v) whether the applicant is of sound and stable financial background; (vi) whether the applicant has financial resources that are adequate to ensure the financial viability of a wagering and betting business; (vii) whether the applicant has the ability to establish and maintain a successful wagering and betting business; (viii) whether the applicant has demonstrated a commitment to the promotion of a viable and growing Victorian racing industry; S. 4.3A.7(2)(a)(ix) repealed by No. 1/2021 s. 20. (x) any other matters the Minister considers relevant; and S. 4.3A.7(2)(b) amended by No. 13/2023 s. 29(1)(a). (b) subject to subsection (5), that— (i) the arrangements between— (A) the licensee under Part 3 (other than a licensee appointed under section 4.3.33) and VicRacing or Racing Products, as the case requires; or (B) the previous wagering and betting licensee (other than a licensee appointed under section 4.3A.31) and VicRacing or Racing Products, as the case requires— have been or, before the licence commences, will be, concluded to the reasonable satisfaction of the parties; or S. 4.3A.7(2)(c) amended by No. 40/2008 s. 27(2)(a), repealed by No. 13/2023 s. 29(1)(b). S. 4.3A.7(2)(d) inserted by No. 40/2008 s. 27(2)(b), amended by No. 62/2017 s. 56(2). (d) that the Responsible Gambling Code of Conduct accompanying the application complies with— S. 4.3A.7(2)(d)(i) inserted by No. 62/2017 s. 56(2). S. 4.3A.7(2)(d)(ii) inserted by No. 62/2017 s. 56(2). (3) In determining whether to grant or refuse a licence application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 4.3A.6. S. 4.3A.7(4) amended by No. 23/2025 s. 74(Sch. 1 item 2.16(b)). (4) If the Minister refuses a licence application, the Minister must give written notice to the applicant. S. 4.3A.7(5) inserted by No. 13/2023 s. 29(2). (5) Subsection (2)(b) applies only in relation to an application for a wagering and betting licence that is to take effect immediately following the expiry of the wagering and betting licence in effect at the commencement of the **Gambling Regulation Amendment Act 2023**. S. 4.3A.7A inserted by No. 40/2008 s. 8, amended by No. 60/2011 s. 54, substituted by No. 1/2021 s. 21. 4.3A.7A Prohibition on improper interference S. 4.3A.7A(1) amended by No. 13/2023 s. 30. (1) An interested person in relation to a wagering and betting licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant. (2) If an interested person improperly interferes with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant, the Minister may refuse to consider, or consider further— S. 4.3A.7A(2)(a) amended by No. 13/2023 s. 30. (a) whether to invite the possible invitee to apply for a wagering and betting licence; or (b) an application made by the pending applicant or applicant. S. 4.3A.7B (Heading) amended by No. 1/2021 s. 22(1). S. 4.3A.7B inserted by No. 60/2011 s. 55. 4.3A.7B Prohibition on lobbying (1) A lobbyist must not, in relation to a licence awarding process, carry out a lobbying activity for or on behalf of an interested person. S. 4.3A.7B(2) amended by Nos 1/2021 s. 22(2), 13/2023 s. 31. (2) The Minister may refuse to invite a person to apply for a wagering and betting licence, to consider an application for a wagering and betting licence or to grant an application for a wagering and betting licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity. S. 4.3A.8 inserted by No. 40/2008 s. 8. 4.3A.8 Issue of licence S. 4.3A.8(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.17). (1) If the Minister grants a licence application, the Minister must issue a wagering and betting licence to the applicant. S. 4.3A.8(2) repealed by No. 28/2022 s. 80, new s. 4.3A.8(2) inserted by No. 13/2023 s. 32. (2) A wagering and betting licence cannot be issued under this section that has effect, otherwise than as provided by section 4.3A.12, at any time while the wagering and betting licence in effect at the commencement of the **Gambling Regulation Amendment Act 2023** remains in effect. S. 4.3A.8(3) repealed by No. 28/2022 s. 80. S. 4.3A.8A inserted by No. 74/2010 s. 25(2). 4.3A.8A Wagering and betting licence not personal property For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a wagering and betting licence is declared not to be personal property. S. 4.3A.9 inserted by No. 40/2008 s. 8, amended by No. 23/2025 s. 74(Sch. 1 item 2.17). 4.3A.9 Licence conditions The Minister may impose any conditions the Minister thinks fit on a wagering and betting licence, including— (a) conditions referred to in any other provision of this Chapter; (b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or the Minister. Note to s. 4.3A.9 inserted by No. 40/2008 s. 27(3). The licence is also subject to the condition specified in section 4.3A.10A. S. 4.3A.10 (Heading) substituted by No. 58/2009 s. 68. S. 4.3A.10 inserted by No. 40/2008 s. 8. 4.3A.10 Minister may refuse to issue wagering and betting licence if related agreements not entered into Despite section 4.3A.8, the Minister may refuse to issue a wagering and betting licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence. S. 4.3A.10AA inserted by No. 58/2009 s. 69. 4.3A.10AA Related agreements with wagering and betting licensee S. 4.3A.10AA(1) amended by No. 13/2023 s. 33(a). (1) Subject to this section, the Minister, by written notice, may direct a wagering and betting licensee to enter into an agreement or class of agreements dealing with matters relating to the licensee's wagering and betting licence with— (2) Before giving a direction under subsection (1), the Minister must consult with the wagering and betting licensee. (a) must warn the wagering and betting licensee of the Minister's powers under this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and S. 4.3A.10AA(4) amended by No. 13/2023 s. 33(b). (4) A wagering and betting licensee must comply with a direction under subsection (1). S. 4.3A.10AA(5) amended by No. 13/2023 s. 33(b). (5) A wagering and betting licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 4.3A.10AB inserted by No. 58/2009 s. 69. 4.3A.10AB No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 4.3A.10AA or the entering into an agreement in compliance with a direction under section 4.3A.10AA. S. 4.3A.10A inserted by No. 40/2008 s. 28, amended by No. 62/2017 s. 57(3). 4.3A.10A Responsible Gambling Code of Conduct is a condition of licence It is a condition of a wagering and betting licence that the wagering and betting licensee implement a Responsible Gambling Code of Conduct that complies with— S. 4.3A.10A(a) inserted by No. 62/2017 s. 57(3). S. 4.3A.10A(b) inserted by No. 62/2017 s. 57(3). (b) each direction under section 10.6.6(1) that applies in relation to the wagering and betting licensee. S. 4.3A.11 inserted by No. 40/2008 s. 8. 4.3A.11 Duration of licence (1) A wagering and betting licence— S. 4.3A.11 (1)(b) substituted by No. 28/2022 s. 81. (b) is valid for the term specified in the licence, unless terminated earlier in accordance with this Chapter or extended under this section. (2) If invited by the Minister to do so, a wagering and betting licensee may apply to the Minister, before the wagering and betting licence expires, for a licence extension. (3) On application under subsection (2), the Minister may extend the licence for a period determined by the Minister, after consulting— (b) any other person the Minister considers appropriate. (4) A wagering and betting licence may be extended under this section more than once, but the total cumulative period for which a licence may be extended under this section cannot exceed 2 years from the day the licence would otherwise expire. (5) A wagering and betting licence cannot be renewed, but a person who holds or has held a wagering and betting licence may apply for a subsequent wagering and betting licence, if invited by the Minister to do so. S. 4.3A.11A inserted by No. 13/2023 s. 34. 4.3A.11A Exclusivity period for licence (1) When issuing a wagering and betting licence, the Minister may specify one or more periods of time as the exclusivity period for the licence. (2) If an exclusivity period is specified for one or more wagering and betting licences, no new wagering and betting licence can be issued that has effect, otherwise than as provided by section 4.3A.12, at any time during the exclusivity period. S. 4.3A.12 inserted by No. 40/2008 s. 8. 4.3A.12 Licence may authorise preparatory action (1) This section applies to a wagering and betting licence if the licence takes effect at a time specified in the licence that is later than the time of issue of the licence. (2) The wagering and betting licence may authorise the wagering and betting licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (4) Any time specified from which preparatory action may be taken must not be more than 18 months before the time the licence takes effect. (5) Despite section 4.3A.11(1)(a), the wagering and betting licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). (6) No account is to be had to this section in determining the term of the licence under section 4.3A.11(1)(b). ***preparatory action*** means anything necessary or convenient to be done for the purpose of conducting any activities authorised by the licence, but does not include the acceptance of a bet or investment or the payment of a dividend. S. 4.3A.13 inserted by No. 40/2008 s. 8. 4.3A.13 Premium payment S. 4.3A.13(1) amended by No. 13/2023 s. 35(a). (1) The Minister may require a wagering and betting licensee to pay, as consideration for the licensee's wagering and betting licence, one or more amounts determined by the Minister as the premium payment for the licence. S. 4.3A.13(2) amended by No. 13/2023 s. 35(b). (2) The Minister may determine the premium payment for a wagering and betting licence as— S. 4.3A.13(3) amended by No. 13/2023 s. 35(b). (3) If the Minister extends a wagering and betting licence under section 4.3A.11(3), the Minister may require the licensee to pay, as consideration for the extension of the licence, one or more amounts determined by the Minister as the premium payment for the extension of the licence. S. 4.3A.13(4) amended by No. 13/2023 s. 35(b). (4) The premium payment for a wagering and betting licence or the extension of a wagering and betting licence is a tax. S. 4.3A.13A inserted by No. 58/2009 s. 70. 4.3A.13A Penalty interest for late payment A wagering and betting licensee must pay to the Commission, for payment into the Consolidated Fund, interest on a premium payment under section 4.3A.13 that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the **Penalty Interest Rates Act 1983**. S. 4.3A.13B inserted by No. 58/2009 s. 70. 4.3A.13B Recovery of amounts A premium payment under section 4.3A.13 or any interest payable under section 4.3A.13A may be recovered in a court of competent jurisdiction as a debt due to the State. S. 4.3A.14 inserted by No. 40/2008 s. 8. 4.3A.14 Publication and tabling (i) of the issue of a wagering and betting licence, as soon as practicable after the licence is issued; and (ii) of the making of any agreement referred to in section 4.3A.10, as soon as practicable after the agreement is made; and (b) a copy of a wagering and betting licence to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is issued; and (c) a copy of any agreement referred to in section 4.3A.10 to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the agreement is made. (a) may exclude information from the licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a wagering and betting licence and any agreements referred to in section 4.3A.10 to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3). S. 4.3A.15 inserted by No. 40/2008 s. 8. 4.3A.15 Engaging contractors and appointing agents to assist with wagering and betting S. 4.3A.15(1) amended by No. 13/2023 s. 36(a). (1) A wagering and betting licence may authorise a wagering and betting licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of wagering and betting authorised by the licence. S. 4.3A.15(2) amended by Nos 58/2009 s. 71, 13/2023 s. 36(b). (2) For the avoidance of doubt, the engagement of a person or the appointment of an agent by a wagering and betting licensee does not affect any function or obligation of the licensee under a gaming Act, the gaming regulations, the licensee's wagering and betting licence or any related agreement. S. 4.3A.15A inserted by No. 32/2012 s. 12. 4.3A.15A Appointment of wagering and betting operator S. 4.3A.15A(1) amended by No. 13/2023 s. 37(a). (1) Subject to section 4.3A.15B, a wagering and betting licensee may, by notice in writing given to the Commission, appoint as operator of the licensee's wagering and betting licence a company that— (a) is a wholly-owned subsidiary of the licensee; and (b) has a physical place of business in Victoria; and (c) is approved by the Commission. (2) A company appointed as operator ceases to be the operator on ceasing to be a wholly-owned subsidiary of the licensee. S. 4.3A.15A(3) amended by No. 13/2023 s. 37(b). (3) A wagering and betting licensee may, at any time by notice in writing given to the Commission, revoke the appointment of an operator under this section. S. 4.3A.15A(4) amended by No. 13/2023 s. 37(c). (4) The appointment of an operator under this section does not affect any function or obligation of a wagering and betting licensee under a gaming Act or gaming regulations. S. 4.3A.15B inserted by No. 32/2012 s. 12, amended by No. 13/2023 s. 38. 4.3A.15B Approval of wholly-owned subsidiary On application by a wagering and betting licensee, the Commission may approve a wholly-owned subsidiary of the licensee for appointment under section 4.3A.15A if satisfied that the appointment would not result in a person who is not currently an associate of the licensee becoming an associate of the licensee. S. 4.3A.15C inserted by No. 32/2012 s. 12. 4.3A.15C Rights and obligations of wagering and betting operator S. 4.3A.15C(1) substituted by No. 13/2023 s. 39(1). (1) A wagering and betting operator is authorised to conduct any activities that the wagering and betting licensee who appointed the operator is authorised to conduct under the licensee's wagering and betting licence, subject to this Act and the regulations, the **Racing Act 1958** and any conditions to which the licence is subject. S. 4.3A.15C(2) amended by No. 13/2023 s. 39(2)(a). (2) In conducting activities under a wagering and betting licence, a wagering and betting operator has all of the rights of the wagering and betting licensee, and is subject to all of the obligations of the wagering and betting licensee, under this Act, the regulations, the **Racing Act 1958** and the licence (other than an obligation of the licensee to pay an amount under Part 6 of this Chapter). S. 4.3A.15C(3) amended by No. 13/2023 s. 39(2)(b). (3) If a wagering and betting operator performs any obligation of a wagering and betting licensee under this Act, the regulations, the **Racing Act 1958** or the licence, the licensee's obligation is discharged. (4) For the purposes of this Act— S. 4.3A.15C(4)(a) amended by No. 13/2023 s. 39(2)(c). (a) a reference in Part 6 of this Chapter to any totalisator, approved betting competition or approved simulated racing event conducted by a wagering and betting licensee includes a reference to any totalisator, approved betting competition or approved simulated racing event conducted by a wagering and betting operator; and S. 4.3A.15C(4)(b) amended by No. 13/2023 s. 39(2)(c). (b) a reference in section 4.6.6B to betting exchange commissions earned by a wagering and betting licensee includes a reference to betting exchange commissions earned by a wagering and betting operator. S. 4.3A.15C(5) amended by No. 13/2023 s. 39(2)(d). (5) A reference in section 115(2)(ba) of the **Liquor Control Reform Act 1998** to the holder of a wagering and betting licence includes a reference to a wagering and betting operator. S. 4.3A.16 inserted by No. 40/2008 s. 8. 4.3A.16 Transfer only under this Division A wagering and betting licence is not transferable to any other person except in accordance with this Division. S. 4.3A.17 inserted by No. 40/2008 s. 8. 4.3A.17 Application to transfer licence (1) A wagering and betting licensee may apply to the Minister to transfer the wagering and betting licence to another person (the ***transferee***). (3) If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the wagering and betting licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application. (4) The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application, whether or not the application is granted. (6) The Minister may refer the application to the Commission for a report under section 4.3A.19. S. 4.3A.18 inserted by No. 40/2008 s. 8. 4.3A.18 Transfer of wagering and betting licence S. 4.3A.18(1) amended by Nos 40/2008 s. 29(1), 13/2023 s. 40(1)(a). (1) On application under section 4.3A.17, the Minister may transfer a wagering and betting licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4), (4A) and (5). (i) the transferee is a wholly-owned subsidiary of the wagering and betting licensee; or (ii) the transferee and the wagering and betting licensee are both wholly-owned subsidiaries of a third company; and (b) that the transferee has a physical place of business in Victoria; and (c) that the transferee is not a prohibited person within the meaning of section 4.3A.3. S. 4.3A.18(3) amended by No. 13/2023 s. 40(1)(b). (3) The Minister must be satisfied that the transfer of a wagering and betting licence to the transferee is in the public interest, taking into account each of the following matters— (a) whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity; (b) whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's wagering and betting business, is a suitable person to act in that capacity; (d) whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence; (f) whether the transferee has financial resources that are adequate to ensure the financial viability of a wagering and betting business; (g) whether the transferee has the ability to maintain a successful wagering and betting business; (h) whether the transferee has demonstrated a commitment to the promotion of a viable and growing Victorian racing industry; (i) any other matters that were specified in the notice calling for registrations of interest under section 4.3A.3 in relation to the wagering and betting licence; (j) any other matters the Minister considers relevant. (4) The Minister must be satisfied— S. 4.3A.18(4)(a) amended by No. 13/2023 s. 40(1)(c)(i). (a) subject to subsection (4AA), that— (i) the arrangements between the wagering and betting licensee and VicRacing or Racing Products, as the case requires, have been or, before the transfer is effective, will be, concluded to the reasonable satisfaction of the parties; or S. 4.3A.18(4)(b) amended by No. 13/2023 s. 40(1)(c)(ii). (b) subject to subsection (4AA), that the transferee has entered into, or made a binding offer to enter into, arrangements with VicRacing and arrangements with Racing Products that, in the opinion of the Minister, are no less favourable to VicRacing and Racing Products than those in force between the wagering and betting licensee and VicRacing or Racing Products, as the case requires; and (c) that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee. S. 4.3A.18(4AA) inserted by No. 13/2023 s. 40(2). (4AA) Subsection (4)(a) and (b) do not apply in relation to a wagering and betting licence taking effect on or after 16 August 2024. S. 4.3A.18(4A) inserted by No. 40/2008 s. 29(2), amended by No. 62/2017 s. 56(3). (4A) The Minister must be satisfied that the transferee has, or when the licence is transferred will have, a Responsible Gambling Code of Conduct that complies with— S. 4.3A.18(4A)(a) inserted by No. 62/2017 s. 56(3). S. 4.3A.18(4A)(b) inserted by No. 62/2017 s. 56(3). (b) each direction under section 10.6.6(1) that applies in relation to the transferee. (5) The Minister must be satisfied that the transferee is capable of meeting the obligations of the wagering and betting licensee under any agreements referred to in section 4.3A.10. S. 4.3A.18(6) amended by No. 13/2023 s. 40(3). (6) The Minister may refuse to transfer a wagering and betting licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee. S. 4.3A.18(7) amended by No. 13/2023 s. 40(3). (7) In determining whether to grant or refuse an application to transfer a wagering and betting licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 4.3A.19. S. 4.3A.18(8) substituted by No. 13/2023 s. 40(4). (8) If the Minister transfers a wagering and betting licence, the transferee becomes a wagering and betting licensee and assumes all the obligations of a wagering and betting licensee under this Act. S. 4.3A.19 inserted by No. 40/2008 s. 8. 4.3A.19 Report to Minister by Commission S. 4.3A.19(1) amended by No. 13/2023 s. 41. (1) If the Minister has referred to the Commission an application to transfer a wagering and betting licence, the Commission must give a written report to the Minister on the application— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and (2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a wagering and betting licence. S. 4.3A.20 inserted by No. 40/2008 s. 8. 4.3A.20 Related agreements The Minister may refuse to transfer a wagering and betting licence unless— (a) the wagering and betting licensee and any other person who is party to an agreement referred to in section 4.3A.10 relating to the licence executes any document requested by the Minister in relation to that agreement; and (b) the transferee or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 4.3A.10 or any further agreement. S. 4.3A.21 inserted by No. 40/2008 s. 8. 4.3A.21 Publication and tabling (i) of the transfer of a wagering and betting licence, as soon as practicable after the licence is transferred; and (ii) of the execution of any document referred to in section 4.3A.20(a) or of the entering into of any agreement referred to in section 4.3A.20(b), as soon as practicable after the document is executed or the agreement is entered into; and (b) a copy of the transfer of a wagering and betting licence to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and (c) a copy of any document referred to in section 4.3A.20(a) or any agreement referred to in section 4.3A.20(b) to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into. (a) may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a transfer of a wagering and betting licence and any document referred to in section 4.3A.20(a) or agreement referred to in section 4.3A.20(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3). Division 4—Amendment and surrender of licence S. 4.3A.22 inserted by No. 40/2008 s. 8. 4.3A.22 Request by licensee for amendment of licence S. 4.3A.22(1) amended by No. 13/2023 s. 42. (1) A wagering and betting licensee may request the Minister to amend the licensee's wagering and betting licence. S. 4.3A.22(1A) inserted by No. 58/2009 s. 72, amended by No. 23/2025 s. 74(Sch. 1 item 2.18). (1A) The Minister may refuse to consider the request for a licence amendment if, in the Minister's opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 4.3A.23. (3) The Minister may require the licensee to provide any further information or any documents to the Minister in connection with the request. (4) If this section or a requirement made by the Minister under this section is not complied with, the Minister may refuse to consider the request. (5) If no fee is prescribed for the purposes of subsection (2)(c), the Minister, by written notice, may require the wagering and betting licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the request. (6) The Minister may require costs payable under subsection (5) to be paid by instalments or at any time before, during or after the Minister's consideration of the request, whether or not the Minister decides to make the requested amendment. S. 4.3A.22A inserted by No. 13/2023 s. 43. 4.3A.22A Notification of other affected licensees (1) The Minister may require a wagering and betting licensee who requests a licence amendment to notify in writing the licensee of any other wagering and betting licence that, in the Minister's opinion, may be adversely affected if the amendment is made. (3) If a requirement made by this section is not complied with, the Minister may refuse to consider the request for amendment. S. 4.3A.22B inserted by No. 13/2023 s. 43. 4.3A.22B Objection by other licensees (1) A wagering and betting licensee who receives notice under section 4.3A.22A may lodge a written objection with the Minister. S. 4.3A.23 inserted by No. 40/2008 s. 8. 4.3A.23 Amendment of licence S. 4.3A.23(1) amended by Nos 60/2011 s. 56, 13/2023 s. 44(a). (1) Subject to this Part, the Minister must decide whether to make an amendment requested under section 4.3A.22, either with or without changes from that originally requested, and must give written notice of the decision to the wagering and betting licensee and to any wagering and betting licensee who lodged an objection under section 4.3A.22B. S. 4.3A.23(1A) inserted by No. 58/2009 s. 73(1), amended by No. 13/2023 s. 44(b). (1A) The Minister may, at any time, decide to make an amendment to a wagering and betting licence and give written notice of the decision to the wagering and betting licensee. S. 4.3A.23(1B) inserted by No. 58/2009 s. 73(1), amended by No. 13/2023 s. 44(b). (1B) Before making an amendment to a wagering and betting licence under subsection (1A), the Minister must notify the wagering and betting licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action. S. 4.3A.23(2) substituted by No. 58/2009 s. 73(2), amended by No. 13/2023 s. 44(c). (2) In deciding whether or not to make an amendment, the Minister must have regard to any objections lodged under section 4.3A.22B, and must take into account whether, in the Minister's opinion— (3) If the Minister amends a wagering and betting licence under this section, the Minister must cause— (a) notice of the amendment to be published in the Government Gazette as soon as practicable after the licence is amended; and (b) a copy of the amendment (or the licence as amended) to be— (ii) subject to subsection (4), presented to each House of Parliament within 7 sitting days of the House after the licence is amended. (a) may exclude information from the amendment, or the licence as amended, if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (5) Subject to subsection (6), the Commission must cause a copy of an amendment, or the licence as amended, to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (4)(b). (6) If the Minister has excluded information from an amendment under subsection (4), the Commission must exclude that information from the copy of the amendment, or the licence as amended, it makes available under subsection (5). S. 4.3A.23(7) amended by No. 58/2009 s. 73(3). (7) An amendment takes effect when notice of the decision to make the amendment is given to the licensee under subsection (1) or (1A) or on a later date specified in the notice. S. 4.3A.23A inserted by No. 60/2011 s. 57. 4.3A.23A Prohibition on lobbying for amendment of licence S. 4.3A.23A(1) amended by No. 13/2023 s. 45. (1) A lobbyist must not in relation to a request for an amendment to a wagering and betting licence under section 4.3A.22 carry out a lobbying activity for or on behalf of an interested person. S. 4.3A.23A(2) amended by No. 13/2023 s. 45. (2) The Minister may refuse to consider a request to amend a wagering and betting licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity. S. 4.3A.24 inserted by No. 40/2008 s. 8. 4.3A.24 Surrender of licence S. 4.3A.24(1) amended by No. 13/2023 s. 46. (1) A wagering and betting licensee may surrender their wagering and betting licence by giving at least 12 months' written notice to the Minister. S. 4.3A.24(3) amended by No. 23/2025 s. 74(Sch. 1 item 2.19). (3) The Minister may consent subject to any conditions the Minister thinks fit, and those conditions remain in effect after the surrender in accordance with their terms. Division 5—Monitoring and disciplinary action S. 4.3A.25 inserted by No. 40/2008 s. 8, repealed by No. 56/2010 s. 61(6). S. 4.3A.26 inserted by No. 40/2008 s. 8. 4.3A.26 Grounds for disciplinary action Each of the following is a ground for disciplinary action in relation to a wagering and betting licence— S. 4.3A.26(a) amended by Nos 32/2012 s. 13(1)(a), 28/2022 s. 82(a). (a) the wagering and betting licensee or wagering and betting operator is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; S. 4.3A.26(b) amended by Nos 32/2012 s. 13(1)(a), 28/2022 s. 82(a). (b) the wagering and betting licensee or wagering and betting operator has been found guilty of an offence against a gaming Act or the **Racing Act 1958**; S. 4.3A.26(c) amended by Nos 32/2012 s. 13(1)(b), 28/2022 s. 82(b). (c) the wagering and betting licensee or wagering and betting operator, or an associate of the licensee or operator, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; S. 4.3A.26(d) amended by Nos 32/2012 s. 13(1)(c), 28/2022 s. 82(c). (d) the wagering and betting licensee or wagering and betting operator has contravened— S. 4.3A.26(d)(i) amended by No. 56/2010 s. 38(1). (ii) the betting rules; or (iii) a provision of this Act (being a provision a contravention of which does not constitute an offence); S. 4.3A.26(da) inserted by No. 14/2023 s. 67. (da) the wagering and betting licensee has contravened— (i) a provision of the **Gambling Taxation Act 2023** or regulations made under that Act; or (ii) a provision of the **Taxation Administration Act 1997**, or regulations made under that Act, as that provision relates to the **Gambling Taxation Act 2023** or regulations made under the **Gambling Taxation Act 2023**; S. 4.3A.26(e) amended by Nos 56/2010 s. 38(2), 32/2012 s. 13(1)(c), 28/2022 s. 82(c). (e) the wagering and betting licensee or wagering and betting operator has contravened an agreement referred to in section 4.3A.10, 4.3A.10AA, 4.3A.20 or 4.3A.34AA; S. 4.3A.26(f) amended by Nos 32/2012 s. 13(1)(c), 28/2022 s. 82(d). (f) the wagering and betting licensee or wagering and betting operator has failed to discharge financial obligations to a person betting with the licensee or operator; S. 4.3A.26(g) amended by Nos 32/2012 s. 13(1)(c), 28/2022 s. 82(e), 40/2025 s. 24. (g) the wagering and betting licensee or wagering and betting operator becomes a Chapter 5 body corporate or otherwise becomes insolvent; S. 4.3A.26(h) amended by No. 40/2008 s. 29(3)(a). (h) the wagering and betting licence was obtained by a materially false or misleading representation or in some other improper way; S. 4.3A.26(i) inserted by No. 40/2008 s. 29(3)(b), amended by Nos 32/2012 s. 13(1)(d), 28/2022 s. 82(e). (i) the wagering and betting licensee or wagering and betting operator has repeatedly breached the licensee's or operator's Responsible Gambling Code of Conduct. S. 4.3A.27 inserted by No. 40/2008 s. 8. 4.3A.27 Commission may take or recommend disciplinary action S. 4.3A.27(1) amended by No. 32/2012 s. 13(2)(a). (1) If the Commission considers that there is a ground for taking disciplinary action in relation to a wagering and betting licence, the Commission may give the wagering and betting licensee and the wagering and betting operator written notice giving the licensee and the operator an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice. S. 4.3A.27(2) amended by No. 32/2012 s. 13(2)(b). (2) The licensee or operator, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken. (3)(a)(i) amended by No. 32/2012 s. 13(2)(b). (i) issue a letter of censure to the licensee or operator; (3)(a)(ii) amended by No. 32/2012 s. 13(2)(b). (ii) fine the licensee or operator an amount not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; or (b) may make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 4.3A.28. S. 4.3A.27(5) amended by No. 32/2012 s. 13(2)(b). (5) A letter of censure may censure the licensee or operator in respect of any matter connected with the management or operation of its wagering and betting business and may include a direction to the licensee or operator to rectify within a specified time any matter giving rise to the letter of censure. (6)(a) amended by No. 32/2012 s. 13(2)(b). (a) fine the licensee or operator an amount not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; or (b) make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 4.3A.28. S. 4.3A.27(7) amended by No. 32/2012 s. 13(2)(b). (7) The Commission may fine the licensee or operator under subsection (6)(a) whether or not the Commission has already fined the licensee or operator under subsection (3)(a)(ii) in relation to the same matter. S. 4.3A.28 inserted by No. 40/2008 s. 8. 4.3A.28 Minister may take disciplinary action (1) If the Commission makes a report to the Minister under section 4.3A.27, the Minister may— (a) take one of the following disciplinary actions— (i) amend the licence; or (ii) suspend the licence; or S. 4.3A.28 (1)(b) amended by No. 32/2012 s. 13(3). (b) if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the licensee or operator under section 4.3A.27(3)(a). S. 4.3A.28 (2)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.20). (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 4.3A.27; and S. 4.3A.28 (2)(c) amended by No. 32/2012 s. 13(3). (c) is not required to give the licensee or operator a further opportunity to be heard or make submissions. S. 4.3A.28(3) amended by No. 32/2012 s. 13(3). (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the licensee or operator a further opportunity to be heard or make submissions before taking disciplinary action against the licensee or operator under section 4.3A.27(3)(a). (4) Cancellation, suspension or amendment of a licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice. S. 4.3A.29 inserted by No. 40/2008 s. 8. 4.3A.29 Suspension of licence pending criminal proceedings S. 4.3A.29(1) amended by No. 32/2012 s. 13(4). (1) The Minister may suspend a wagering and betting licence by giving written notice to the wagering and betting licensee if the Minister is satisfied that the licensee or operator, or an executive officer of the licensee or operator, has been charged with— (b) an offence arising out of or in connection with the management or operation of a wagering and betting business; or (c) an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the management or operation of a wagering and betting business. S. 4.3A.30 inserted by No. 40/2008 s. 8. 4.3A.30 Effect of licence suspension A wagering and betting licence is of no effect for the purposes of Part 2 while it is suspended. S. 4.3A.30A (Heading) amended by No. 28/2022 s. 83. S. 4.3A.30A inserted by No. 56/2010 s. 39. 4.3A.30A Disciplinary and other action against licensee—preparatory action (1) Despite anything to the contrary in this Part— S. 4.3A.30A(1)(a) amended by No. 13/2023 s. 47(1)(a). (a) the Commission may take or recommend disciplinary action against a wagering and betting licensee under section 4.3A.27; or S. 4.3A.30A (1)(b)(i) amended by No. 13/2023 s. 47(1)(a). (i) take disciplinary action under section 4.3A.28 against a wagering and betting licensee; or S. 4.3A.30A (1)(b)(ii) amended by No. 13/2023 s. 47(1)(b). (ii) suspend a wagering and betting licence under section 4.3A.29— during the period in which the wagering and betting licensee is authorised to take preparatory action under section 4.3A.12. S. 4.3A.30A(2) amended by No. 13/2023 s. 47(2). (2) Despite section 4.3A.11(1)(a), for the purpose of subsection (1) a wagering and betting licence is taken to be in effect. Division 6—Temporary wagering and betting licence S. 4.3A.31 inserted by No. 40/2008 s. 8. 4.3A.31 Temporary wagering and betting licence S. 4.3A.31(1) amended by No. 58/2009 s. 74(1). (1) If a wagering and betting licence (the ***original licence***) is cancelled, suspended or surrendered under this Part, the Minister may, subject to subsection (1A), issue a temporary wagering and betting licence and appoint a temporary wagering and betting licensee for the period determined by the Minister. S. 4.3A.31(1A) inserted by No. 58/2009 s. 74(2). (1A) The Minister may, in accordance with subsection (2A), issue a temporary wagering and betting licence and appoint a temporary wagering and betting licensee for a period of 90 days. S. 4.3A.31(2) amended by No. 58/2009 s. 74(3). (2) The Minister may issue a temporary wagering and betting licence under subsection (1) only if satisfied that— (2)(a) substituted by No. 58/2009 s. 74(4). (2)(b) substituted by No. 58/2009 s. 74(4). (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a wagering and betting business; and (2)(c) repealed by No. 58/2009 s. 74(4). S. 4.3A.31(2)(d) amended by No. 13/2023 s. 48(1)(a). (d) subject to subsection (2AA), that— (i) the arrangements between the former licensee and VicRacing or Racing Products, as the case requires, have been or, before the temporary licence commences, will be, concluded to the reasonable satisfaction of the parties; or S. 4.3A.31 (2)(e) amended by No. 40/2008 s. 29(4)(a), repealed by No. 13/2023 s. 48(1)(b). S. 4.3A.31(2)(f) inserted by No. 40/2008 s. 29(4)(b), amended by No. 62/2017 s. 57(4). (f) that the temporary licensee will implement a Responsible Gambling Code of Conduct that complies with— S. 4.3A.31(2)(f)(i) inserted by No. 62/2017 s. 57(4). S. 4.3A.31(2)(f)(ii) inserted by No. 62/2017 s. 57(4). (ii) each direction under section 10.6.6(1) that applies in relation to the temporary licensee. S. 4.3A.31(2AA) inserted by No. 13/2023 s. 48(2). (2AA) Subsection (2)(d) applies only if the original licence took effect immediately following the expiry of the wagering and betting licence in effect at the commencement of the **Gambling Regulation Amendment Act 2023**. S. 4.3A.31(2A) inserted by No. 58/2009 s. 74(5). (2A) The Minister may issue a temporary wagering and betting licence under subsection (1A) only if satisfied that— (b) the proposed licensee is a suitable person to be concerned in the management and operation of a wagering and betting business, taking into account the period of time for which the licence is issued. S. 4.3A.31(3) amended by Nos 40/2008 s. 29(5), 58/2009 s. 74(5). (3) Subject to subsections (1A) and (2A), a temporary wagering and betting licence is issued on the terms and conditions the Minister thinks fit and nothing in Division 2 (other than section 4.3A.10A or 4.3A.14) applies to the issue of the temporary licence. S. 4.3A.31(4) amended by Nos 29/2009 s. 56, 58/2009 s. 74(6). (4) In determining whether to issue a temporary wagering and betting licence under subsection (1), the Minister— (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 4.3A.32. S. 4.3A.31(4A) inserted by No. 58/2009 s. 74(7). (4A) In considering whether to issue a temporary licence under subsection (1A), the Minister— (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 4.3A.32A. ***former licensee*** means the person who was the wagering and betting licensee— (b) under a temporary wagering and betting licence immediately before its cancellation or other termination. S. 4.3A.32 (Heading) amended by No. 58/2009 s. 75(1). S. 4.3A.32 inserted by No. 40/2008 s. 8. 4.3A.32 Report to Minister by Commission for a temporary wagering and betting licence S. 4.3A.32(1) amended by No. 58/2009 s. 75(2). (1) If the Minister is considering issuing a temporary wagering and betting licence under section 4.3A.31(1), the Minister may request the Commission to give a written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary wagering and betting licence. S. 4.3A.32A inserted by No. 58/2009 s. 76. 4.3A.32A Report to Minister by Commission for a temporary wagering and betting licence issued for 90 days (1) If the Minister is considering issuing a temporary wagering and betting licence under section 4.3A.31(1A), the Minister may request the Commission to give a preliminary written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. S. 4.3A.33 inserted by No. 40/2008 s. 8. 4.3A.33 Arrangements with former licensee (1) A temporary wagering and betting licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee. (2) The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1). (3) The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1). ***former licensee*** has the same meaning as in section 4.3A.31. S. 4.3A.34 inserted by No. 40/2008 s. 8. 4.3A.34 Further provisions for temporary licence S. 4.3A.34(1) amended by No. 58/2009 s. 77(1). (1) Subject to subsection (1A), a temporary wagering and betting licence— S. 4.3A.34(1A) inserted by No. 58/2009 s. 77(2). (1A) A temporary wagering and betting licence issued under section 4.3A.31(1A) may be extended once only for a period of 90 days. (2) If a temporary wagering and betting licence (including a temporary licence issued under this subsection) is cancelled or otherwise terminates (other than under subsection (1)(c)), the Minister may issue a further temporary wagering and betting licence and appoint a further temporary licensee for the period determined by the Minister. (3) For the avoidance of doubt, sections 4.3A.31(2), (3) and (4), 4.3A.32 and 4.3A.33 apply to the issue of a temporary licence under subsection (2). (4) The cumulative periods for which a temporary wagering and betting licence may be issued or extended under this Division cannot exceed 3 years after the day on which the original licence was cancelled, suspended or surrendered (as the case may be). S. 4.3A.34AA inserted by No. 58/2009 s. 78. 4.3A.34AA Related agreements with temporary wagering and betting licensee S. 4.3A.34AA(1) amended by No. 13/2023 s. 49(a). (1) Subject to this section, the Minister, by written notice, may direct a temporary wagering and betting licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary wagering and betting licence with— (2) Before giving a direction under subsection (1), the Minister must consult with the temporary wagering and betting licensee. (a) must warn the temporary wagering and betting licensee of the Minister's powers under this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and S. 4.3A.34AA(4) amended by No. 13/2023 s. 49(b). (4) A temporary wagering and betting licensee must comply with a direction under subsection (1). S. 4.3A.34AA(5) amended by No. 13/2023 s. 49(b). (5) A temporary wagering and betting licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 4.3A.34AB inserted by No. 58/2009 s. 78. 4.3A.34AB No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 4.3A.34AA or the entering into an agreement in compliance with a direction under section 4.3A.34AA. Ch. 4 Pt 3A Div. 6A (Heading and ss 4.3A.34A–4.3A.34K) inserted by No. 29/2009 s. 57. Division 6A—Betting exchanges S. 4.3A.34A inserted by No. 29/2009 s. 57. 4.3A.34A Definitions S. 4.3A.34A def. of *approved non-Victorian telecommuni-cation device* amended by No. 58/2009 s. 142(8). ***approved non-Victorian telecommunication device*** means a telecommunication device situated outside Victoria approved by the Commission under section 4.3A.34B; ***associate*** of a person (the ***first person***) means— (a) a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person), in a business of the first person related to the participation in a brokered betting event, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of the business; or (b) a person who is or will be an executive officer, whether in right of the person or on behalf of any other person, of a business of the first person related to the participation in a brokered betting event; or (c) if the first person is a natural person, a person who is a relative of the first person; ***competitor*** includes, in the case of a horse race, a jockey or driver of a horse competing or entered to compete in the race; ***controlling body*** means— (a) in the case of greyhound racing, Greyhound Racing Victoria; (b) in the case of horse racing, Racing Victoria (within the meaning of the **Racing Act 1958**); (c) in the case of harness racing, Harness Racing Victoria; (d) in the case of a sports betting event, the sports controlling body (within the meaning of section 4.5.1) for that sports betting event; S. 4.3A.34A def. of *direct participant* amended by No. 58/2009 s. 142(9). ***direct participant***, in a brokered betting event, means— (a) in the case of an event that is a horse race, a person who— (i) trains or rides a horse in the race; or (ii) prepares, or performs another activity in respect of, a horse in the race to enable the horse to compete in the race; (b) in the case of an event that is a harness race, a person who— (i) trains or drives a horse in the race; or (ii) prepares, or performs another activity in respect of, a horse in the race to enable the horse to compete in the race; or (iii) prepares, or performs an activity in respect of, equipment used in the race to enable the horse to compete in the race; (c) in the case of an event that is a greyhound race, a person who— (i) trains a greyhound in the race; or (ii) prepares, or performs another activity in respect of, a greyhound in the race to enable the greyhound to compete in the race; or (d) in the case of any other event, a person who— (i) is a competitor in the event; or (ii) is entitled, under the rules of the event, to give direct technical or logistical support to a competitor in the event while it is underway; ***exclusion order*** means an exclusion order issued under a gaming Act; ***indirect participant***, in a brokered betting event, means a person other than a direct participant who is capable of influencing or deciding the outcome of the event or the outcome of a contingency relating to the event; ***official*** includes— (a) marshal; (b) scorer; (c) steward; (d) time-keeper; (e) umpire. S. 4.3A.34B inserted by No. 29/2009 s. 57. 4.3A.34B Approval of telecommunication devices by Commission S. 4.3A.34B(1) amended by No. 13/2023 s. 50. (1) The Commission, on application by a wagering and betting licensee, may approve a telecommunication device situated outside Victoria as an approved non-Victorian telecommunication device. S. 4.3A.34B (1A) inserted by No. 58/2009 s. 79. (1A) In approving a telecommunication device under subsection (1), the Commission must have regard to any relevant standards made under section 10.1.5A. (2) An approval under subsection (1)— (b) may be subject to any conditions that the Commission thinks fit; and (c) may be subject to any directions given by the Commission to the wagering and betting licensee by written notice from time to time. S. 4.3A.34C inserted by No. 29/2009 s. 57, amended by No. 13/2023 s. 51. 4.3A.34C Licensee not to enable betting by way of a betting exchange on races, competitions or events without relevant consent A wagering and betting licensee must not enable persons to offer or accept bets by way of a betting exchange on a horse race, harness race, greyhound race or other competition or event unless— (a) the licensee has the written consent of the controlling body of that horse race, harness race, greyhound race, competition or event to do so; and (b) the licensee has given a copy of that consent to the Commission. S. 4.3A.34D inserted by No. 29/2009 s. 57, amended by No. 13/2023 s. 52. 4.3A.34D Licensee must conduct a betting exchange by way of certain telecommunication devices If a wagering and betting licensee conducts a betting exchange, the licensee must conduct the betting exchange from a telecommunication device that is— (a) situated in Victoria; or (b) an approved non-Victorian telecommunication device. 1. 240 penalty units. S. 4.3A.34E inserted by No. 29/2009 s. 57. 4.3A.34E Commission or controlling body may request information S. 4.3A.34E(1) amended by No. 13/2023 s. 53. (1) The Commission, by written notice given to a wagering and betting licensee, may require the licensee to give the Commission any information— (a) for the purpose of ensuring the integrity of brokered betting events; or (b) for any other purpose determined by the Commission. S. 4.3A.34E(2) amended by No. 13/2023 s. 53. (2) The controlling body for a brokered betting event, by written notice given to a wagering and betting licensee, may request the licensee to give the controlling body any information for the purpose of ensuring the integrity of brokered betting events for which that body is the controlling body. (3) A request under subsection (1) or (2)— (a) must specify the period within which the Commission or controlling body (as the case requires) wants the information; and (b) may specify the manner in which it wants the information. S. 4.3A.34F inserted by No. 29/2009 s. 57, amended by Nos 60/2011 s. 43(1), 13/2023 s. 54. 4.3A.34F Compliance with information notice A wagering and betting licensee must comply with a notice under section 4.3A.34E. S. 4.3A.34G (Heading) amended by No. 28/2022 s. 84. S. 4.3A.34G inserted by No. 29/2009 s. 57. 4.3A.34G Offences by the licensee as operator of betting exchange S. 4.3A.34G(1) amended by No. 13/2023 s. 55(a). (1) A wagering and betting licensee must not enable a person to offer or accept a bet by way of a betting exchange unless the person is a registered player. S. 4.3A.34G(2) amended by No. 13/2023 s. 55(a). (2) A wagering and betting licensee must not, by direct advertising, inducements or other direct means, solicit a person who is the subject of an exclusion order to offer or accept a bet through a betting exchange operated by the wagering and betting licensee. S. 4.3A.34G(3) amended by No. 13/2023 s. 55(b). (3) If a wagering and betting licensee reasonably suspects that a person has offered or accepted, or is trying to offer or accept, a bet of the kind referred to in section 4.3A.34H, 4.3A.34I, 4.3A.34J or 4.3A.34K through a betting exchange conducted by the licensee, the licensee must immediately inform the Commission of that suspicion. S. 4.3A.34H inserted by No. 29/2009 s. 57. 4.3A.34H Offence by direct participant A person must not offer or accept a bet through a betting exchange if the person is a direct participant in the brokered betting event to which the bet relates. S. 4.3A.34I inserted by No. 29/2009 s. 57. 4.3A.34I Offence by a person who has an interest in the outcome of a brokered betting event A direct participant in a brokered betting event, an indirect participant in a brokered betting event, or an associate of a direct participant or indirect participant in a brokered betting event, must not offer or accept a bet, through a betting exchange, of a kind that could reasonably be taken to constitute an inducement for— (a) a human competitor in the event— (i) to withdraw from, become disqualified for, or fail to participate in the event; or (ii) not to participate in the event to the best of the human competitor's ability; or (iii) to interfere with or jeopardise, contrary to the rules of the event, the performance of other human competitors, or any non-human competitors, in the event; or (iv) to commit an offence against section 4.7.5 in relation to the conduct of an approved betting competition; or (b) an official in the event— (i) not to officiate in the event impartially; or (ii) to commit an offence against section 4.7.5 in relation to the conduct of an approved betting competition. S. 4.3A.34J inserted by No. 29/2009 s. 57. 4.3A.34J Offence by the owner of a horse to bet through betting exchange The owner of a horse must not offer or accept a bet, through a betting exchange, in relation to a horse race or harness race in which the horse is competing or entered to compete, that the horse will fail to— (a) win first place; or (b) be placed second; or (c) be placed third; or (d) win first place or be placed second or third; or (e) win first place or be placed second; or (f) win first place or be placed third; or (g) be placed second or third. S. 4.3A.34K inserted by No. 29/2009 s. 57. 4.3A.34K Offence by the owner of a greyhound to bet through betting exchange The owner of a greyhound must not offer or accept a bet, through a betting exchange, in relation to a greyhound race in which the greyhound is competing or entered to compete, that the greyhound will fail to— (a) win first place; or (b) be placed second; or (c) be placed third; or (d) win first place or be placed second or third; or (e) win first place or be placed second; or (f) win first place or be placed third; or (g) be placed second or third. Ch. 4 Pt 3A Div. 6B (Heading and ss 4.3A.34L–4.3A.34N) inserted by No. 29/2009 s. 57. Division 6B—Requirements in relation to registered players S. 4.3A.34L inserted by No. 29/2009 s. 57, substituted by No. 27/2013 s. 10, amended by No. 13/2023 s. 56. 4.3A.34L Verification of registered player's identity A wagering and betting licensee must ensure that a registered player's identity is verified in accordance with the conditions of the licensee's wagering and betting licence. Penalty: 600 penalty units. S. 4.3A.34M inserted by No. 29/2009 s. 57. 4.3A.34M Wagering and betting funds of registered players S. 4.3A.34M(1) def. of *wagering and betting funds* amended by No. 13/2023 s. 57(a). ***wagering and betting funds*** means all money standing to the credit of a registered player in an account with a wagering and betting licensee that is operated for the purpose of enabling the registered player to— (a) offer or accept bets by way of the betting exchange conducted by the licensee; or (b) make bets and wagers with the licensee. S. 4.3A.34M(2) amended by No. 13/2023 s. 57(b). (2) A wagering and betting licensee must hold all wagering and betting funds of a registered player on trust for that registered player. S. 4.3A.34M(3) amended by No. 13/2023 s. 57(b). (3) A wagering and betting licensee must not disburse or otherwise deal with wagering and betting funds of a registered player held on trust except— (a) as authorised under this Act; or (b) as authorised under an agreement between the wagering and betting licensee and the registered player; or (c) as the Commission authorises by notice in writing from time to time. S. 4.3A.34M(4) amended by No. 13/2023 s. 57(b). (4) A wagering and betting licensee may, in accordance with the betting rules or betting exchange rules, debit from the wagering and betting funds of a registered player— (a) the amount of a bet or wager made by the registered player; or S. 4.3A.34M (4)(b) amended by No. 23/2025 s. 74(Sch. 1 item 2.21). (b) the amount the registered player has indicated the registered player wants to bet or wager; or (c) a betting exchange commission. S. 4.3A.34M(5) amended by No. 13/2023 s. 57(b). (5) A wagering and betting licensee must remit any funds to a registered player under a request made under subsection (6). S. 4.3A.34M(6) amended by No. 13/2023 s. 57(c). (6) A registered player, or an authorised representative of the registered player, may request a wagering and betting licensee to remit any wagering and betting funds of the registered player held by the licensee. S. 4.3A.34M(7) amended by Nos 27/2013 s. 11(1), 13/2023 s. 57(d). (7) A wagering and betting licensee must comply with a request made under subsection (6) within one business day after the request is received. S. 4.3A.34M (7A) inserted by No. 27/2013 s. 11(2). (7A) Subsections (5), (6) and (7) apply only after the registered player's identity has been verified under section 4.3A.34L and apply subject to any applicable laws of the Commonwealth. S. 4.3A.34M(8) amended by No. 58/2009 s. 142(10). (8) If a wagering and betting licensee has not recorded on behalf of a registered player for a period of 2 years a bet or wager using wagering and betting funds, the licensee must— (a) remit to the registered player any wagering and betting funds held on trust for the player; or (b) if the registered player cannot be found, deal with the funds as unclaimed money under the **Unclaimed Money Act 2008**. S. 4.3A.34N inserted by No. 29/2009 s. 57. 4.3A.34N Disclosure of names of registered players S. 4.3A.34N(1) amended by No. 13/2023 s. 58. (1) On the written request of the Commission, a wagering and betting licensee must provide the Commission with a list of all registered players. S. 4.3A.34N(2) amended by No. 13/2023 s. 58. (2) On the written request of a controlling body for a brokered betting event, a wagering and betting licensee must provide the controlling body with a list of the registered players who have offered or accepted bets by way of a betting exchange in respect of that brokered betting event. Ch. 4 Pt 3A Div. 6C (Heading and ss 4.3A.34O, 4.3A.34P) inserted by No. 29/2009 s. 57, repealed by No. 27/2013 s. 12. Division 7—Further information-gathering powers and obligations S. 4.3A.35 inserted by No. 40/2008 s. 8. 4.3A.35 Definitions ***applicant*** means applicant for a wagering and betting licence; ***application*** means application for a wagering and betting licence; S. 4.3A.35 def. of *interested person* amended by No. 1/2021 s. 23(a). (c) an associate of an applicant; or (d) a person who the Secretary considers may become an associate of an applicant. S. 4.3A.35 def. of *registrant* repealed by No. 1/2021 s. 23(b). S. 4.3A.35 def. of *registration of interest* repealed by No. 1/2021 s. 23(b). S. 4.3A.36 inserted by No. 40/2008 s. 8. 4.3A.36 Secretary may require further information S. 4.3A.36(1)(a) amended by No. 1/2021 s. 24. (a) to provide, in accordance with directions in the notice, any information that is relevant to the consideration of the application and is specified in the notice; S. 4.3A.36(1)(b) amended by No. 1/2021 s. 24. (b) to produce, in accordance with directions in the notice, any records relevant to the consideration 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); (d) to provide the Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons. S. 4.3A.36(2) amended by No. 1/2021 s. 24. (2) The Secretary may give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Commission if the Secretary considers that the information or record is relevant to an investigation or inquiry by the Commission in relation to the application. S. 4.3A.36(3)(b) amended by No. 1/2021 s. 24. S. 4.3A.37 inserted by No. 40/2008 s. 8. 4.3A.37 Updating information provided to Secretary (a) the Secretary requires information (including information in any records) from an interested person under section 4.3A.36; and S. 4.3A.37(1)(b) substituted by No. 1/2021 s. 25. (2) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application or registration of interest. (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. 4.3A.38 (Heading) amended by No. 1/2021 s. 26(1). S. 4.3A.38 inserted by No. 40/2008 s. 8. 4.3A.38 Updating information provided to Minister regarding licence application S. 4.3A.38(1) repealed by No. 1/2021 s. 26(2)(a). (2) If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. S. 4.3A.38(3) amended by No. 1/2021 s. 26(2)(b). (3) The Minister must give the particulars of a change referred to in subsection (2) to the Secretary. S. 4.3A.38(4) amended by No. 1/2021 s. 26(2)(c). (4) The Secretary may give the particulars of a change referred to in subsection (2) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. S. 4.3A.38(5) amended by No. 1/2021 s. 26(2)(d). (5) When particulars of a 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 (2) to any further change in the relevant information. (a) any information contained in an application for a wagering and betting licence; or S. 4.3A.38(6) def. of *relevant registration information* repealed by No. 1/2021 s. 26(2)(e). S. 4.3A.39 inserted by No. 40/2008 s. 8. 4.3A.39 Updating licence transfer application (1) If a change occurs in any relevant information before an application for transfer of a wagering and betting licence is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. (2) The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (3) When particulars of a 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) to any further change in the relevant information. ***relevant*** ***information*** means— (a) any information contained in an application for transfer of a wagering and betting licence; or S. 4.3A.39A inserted by No. 58/2009 s. 80. 4.3A.39A Directions to provide information S. 4.3A.39A(1) amended by Nos 32/2012 s. 13(5), 28/2022 s. 85(a), 13/2023 s. 59(a)(i). (1) The Minister may give a written direction to a wagering and betting licensee or wagering and betting operator, requiring the licensee or operator to provide to the Minister any information or document, or any class of information or document, that— S. 4.3A.39A (1)(a) amended by No. 32/2012 s. 13(5). (a) is in the possession or under the control of the licensee or operator; and S. 4.3A.39A(1)(b) amended by No. 13/2023 s. 59(a)(ii). (b) in the opinion of the Minister relates to the following activities conducted under the licensee's wagering and betting licence— (i) wagering; (ii) approved betting competitions; (iii) simulated racing games; (iv) the operation of a betting exchange. S. 4.3A.39A(2) amended by Nos 32/2012 s. 13(5), 28/2022 s. 85(b), 13/2023 s. 59(b). (2) A wagering and betting licensee or wagering and betting operator must comply with a direction under subsection (1). S. 4.3A.39A(3) amended by No. 28/2022 s. 85(c)(i). (3) The Minister may, subject to any conditions the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to the Commission and to any of the following— S. 4.3A.39A (3)(a) substituted by No. 1/2021 s. 27(a), amended by Nos 42/2022 s. 62, 13/2023 s. 59(c)(i). (a) persons whom the Minister is considering to invite to apply for a wagering and betting licence under this Part; S. 4.3A.39A (3)(ab) inserted by No. 1/2021 s. 27(b), amended by No. 13/2023 s. 59(c)(ii). (ab) persons who are invited to apply for a wagering and betting licence under this Part; S. 4.3A.39A (3)(b) amended by Nos 28/2022 s. 85(c)(ii), 13/2023 s. 59(c)(ii). (b) persons who apply for a wagering and betting licence under this Part. (4) No compensation is payable by the State in respect of anything done under this section or in compliance with a direction under this section. S. 4.3A.39B (Heading) amended by No. 28/2022 s. 86(1). S. 4.3A.39B inserted by No. 58/2009 s. 80. 4.3A.39B Directions to licensees or operators S. 4.3A.39B(1) amended by Nos 32/2012 s. 13(5), 28/2022 s. 86(2), 13/2023 s. 60. (1) The Commission may give a written direction to a wagering and betting licensee or wagering and betting operator relating to the conduct of activities authorised under the licensee's wagering and betting licence and the licensee or operator must comply with the direction as soon as it takes effect. S. 4.3A.39B(2) amended by No. 32/2012 s. 13(5). (2) The direction takes effect when it is given to the licensee or operator or at the later time specified in it. S. 4.3A.39B(3) amended by No. 32/2012 s. 13(5). (3) The power conferred by this section includes a power to give a direction to a licensee or operator to adopt, vary, cease or refrain from any practice in respect of the conduct of the licence. Ch. 4 Pt 3A Div. 8 (Heading and s. 4.3A.40) inserted by No. 71/2008 s. 34. S. 4.3A.40 inserted by No. 71/2008 s. 34, amended by No. 23/2025 s. 74(Sch. 1 item 2.22). 4.3A.40 Powers of Secretary Part 4—On-course wagering permit Division 1—Authority of permit 4.4.1 On-course wagering permit An on-course wagering permit authorises the holder to conduct, subject to this Act and the regulations, the **Racing Act 1958** and any conditions to which the permit is subject, on‑course wagering by accepting investments placed by persons on a racecourse at a bona fide race meeting held under the **Racing Act 1958** conducted by the holder, whether the investments relate to races held on that racecourse or elsewhere. Division 2—Grant of permit 4.4.2 Application for permit (1) A licensed racing club may apply to the Commission for the grant of an on-course wagering permit. (b) must be accompanied by the prescribed fee; and (c) must nominate a person to be appointed as manager of the permit. (3) An applicant must provide such additional information in connection with the application as the Commission requires. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for an on-course wagering permit. 4.4.3 Matters to be considered in determining application (1) The Commission must not grant a permit unless satisfied that the applicant and the manager, and each associate of the applicant and the manager, is a suitable person to be concerned in, or associated with, the management and operation of an on‑course wagering business. (a) the applicant and the manager, and each associate of the applicant and the manager, is of good repute, having regard to character, honesty and integrity; (b) the applicant and the manager, and each associate of the applicant and the manager, is of sound and stable financial background; (c) the applicant has, or is or will be able to obtain, financial resources that are adequate to ensure the financial viability of the proposed on-course wagering business and the services of persons who have sufficient experience in the management and operation of a wagering business; (d) the applicant has sufficient business ability to establish and maintain a successful wagering business of the size and kind proposed; (e) neither the applicant nor the manager, nor any associate of the applicant or the manager, has any association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the manager or the associate is likely to be significantly affected in an unsatisfactory manner; (f) each executive officer of the applicant and the manager and any other officer or person determined by the Commission to be associated or connected with the management of the proposed operation of a wagering business of the applicant is a suitable person to act in that capacity. 4.4.4 Grant of permit (1) The Commission may grant a permit to a licensed racing club. (2) A permit— (a) applies to race-meetings held by the licensed racing club on the race-course or race-courses specified in the permit; and (b) is for a term of 12 months; and (c) is subject to the conditions determined by the Commission and set out in the permit. (3) The conditions of a permit (other than the term) may be amended by the Commission with the consent of the holder of the permit. (4) A permit may be revoked at any time by the Commission for just and reasonable cause stated in writing. 4.4.5 Permit is non-transferable A permit is not transferable to any other person. Division 3—Conduct of on-course wagering 4.4.6 Compliance with betting rules (1) The holder of a permit must conduct on-course wagering in accordance with the betting rules in relation to wagering. (2) The betting rules, as in force when the bet is made, form part of the contract between the holder of the permit and the investor. S. 4.4.7 amended by Nos 28/2022 s. 87, 13/2023 s. 61. 4.4.7 Racing industry and licensee The holder of a permit must not participate directly or indirectly in any decision concerning the operation, management or activities of a business conducted under a wagering and betting licence. Division 4—Commissions, dividends and taxes S. 4.4.8 substituted by No. 22/2007 s. 10. 4.4.8 Commissions The holder of a permit may deduct, or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by it on a wagering event or wagering events, an amount not exceeding the maximum amount specified in the betting rules in relation to the relevant totalisator. Note to s. 4.4.8 substituted by No. 64/2014 s. 14. For the amount that the maximum amount specified in the betting rules cannot exceed, see section 4.2.5(2B). 4.4.9 Dividends (1) The holder of a permit, after deduction of its commissions under section 4.4.8(1), must pay by way of dividends all money invested in totalisators conducted by it on a wagering event or wagering events. (2) If no person nominates the winning combination in a totalisator conducted by a permit holder, the permit holder may, unless otherwise directed by the Commission, transfer the money that would have been payable as dividends in that totalisator to be added to the money to form part of the money available for dividends in respect of a subsequent totalisator conducted by it. (3) If, but for this subsection, a dividend would include a fraction of 10 cents— (a) if the fraction is less than 5 cents a permit holder— (i) must not include the fraction in the dividend; and (ii) must, within 14 days after the dividend is paid, pay the fraction to the Treasurer; (b) if the fraction is 5 cents or more, a permit holder— (i) is required to include 5 cents in the dividend; and (ii) must, within 14 days after the dividend is paid, pay the balance of the fraction to the Treasurer. 4.4.10 Wagering tax (1) The holder of a permit must pay to the Treasurer a tax equal to 19⋅11% of the total amount deducted under section 4.4.8(1) in respect of each day on which it conducts a totalisator on a wagering event or wagering events. (2) The tax payable under subsection (1) is payable within 14 days after the day to which the tax applies. (3) If the holder of a permit does not pay an amount of tax payable under this section within the period within which it is so payable, the holder of the permit is liable to pay interest at the rate of 20% per annum on that amount from the date on which the payment was due until the payment. (4) The Commission may, if it thinks fit, mitigate or remit an amount of interest due under subsection (3). 4.4.11 Hospitals and Charities Fund In respect of each financial year, an amount equal to the amount paid to the Treasurer under sections 4.4.9 and 4.4.10 in respect of that year must be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) into the Hospitals and Charities Fund. 4.4.12 Supervision charge (1) A permit holder must pay to the Treasurer a supervision charge in such instalments in respect of such periods in each financial year as the Treasurer determines from time to time. (2) The supervision charge is such amount in respect of each financial year as the Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Commission in carrying out its functions and powers in respect of on-course wagering. Division 5—General 4.4.13 Unclaimed refunds and dividends (1) On or before the last day of each month (the ***payment month***), a permit holder must pay to the Treasurer an amount equal to the sum of all refunds and dividends that have remained unclaimed for— (a) in the case of a payment month before June 2004—not less than 12 months on the first day of that payment month; (b) in the case of the payment month of June 2004 and each subsequent payment month—not less than 6 months on the first day of that payment month— less the expenses of the permit holder reasonably incurred in searching for the persons entitled to those refunds or dividends. (2) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (1), the Treasurer, on being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose. Ch. 4 Pt 5 (Heading and ss 4.5.1‑4.5.4) substituted as Ch. 4 Pt 5 (Heading and ss 4.5.1–4.5.31) by No. 18/2007 s. 3. Part 5—Approved betting competitions and sports betting S. 4.5.1 substituted by No. 18/2007 s. 3. 4.5.1 Definitions ***approved betting event*** means an event, class of event or part of a class of event approved for betting under section 4.5.6(1)(a); S. 4.5.1 def. of *correspond-ing sports betting law* inserted by No. 64/2014 s. 15(a). ***corresponding sports betting law*** means a law of another State or of a Territory that provides for the regulation of betting on sporting events; S. 4.5.1 def. of *simulated racing event* inserted by No. 29/2009 s. 58. ***simulated racing event*** means an event generated by a game— (a) that consists of animated images of a horse race, harness race or greyhound race; and (b) the outcome of which is only determined by a random number generator that draws a set of numbers from a larger set of numbers; and (c) in respect of which the betting competition is a competition with fixed odds; ***sports betting event*** means an event, class of event or part of a class of event designated under section 4.5.9 as a sports betting event; ***sports betting provider*** means a person who, in Victoria or elsewhere, provides a service that allows a person to place a bet on a sports betting event; S. 4.5.1 def. of *sports controlling body* amended by No. 64/2014 s. 15(b). ***sports controlling body*** means an organisation approved under section 4.5.15 or declared under section 4.5.15A as the sports controlling body for a sports betting event. S. 4.5.2 substituted by No. 18/2007 s. 3. 4.5.2 Events and betting competitions that cannot be approved under this Part An approval under this Part cannot be given for an event or betting competition— (a) that is played on a gaming machine; or S. 4.5.2(b) amended by Nos 1/2021 s. 28, 28/2022 s. 127(f)(i). (b) that is a keno game. S. 4.5.2(c) repealed by No. 28/2022 s. 127(f)(ii). Division 2—Approved betting competitions on horse, harness and greyhound racing S. 4.5.3 substituted by No. 18/2007 s. 3. 4.5.3 Approval of betting competitions on horse, harness and greyhound races (1) The Minister may approve a betting competition on an event or contingency, or a class of event or contingency, of or relating to a horse race, harness race or greyhound race. (2) An approval is to be given by instrument. (3) The Minister must not approve a betting competition that— (a) is conducted on a totalisator; or S. 4.5.3(3)(b) amended by No. 23/2025 s. 74(Sch. 1 item 2.23(a)). (b) in the Minister's opinion, is offensive or contrary to the public interest. S. 4.5.3(4) amended by No. 23/2025 s. 74(Sch. 1 item 2.23(b)). (4) The Minister may impose any conditions the Minister thinks fit on the approval of a betting competition at the time of giving the approval or at any later time. (5) An approval— (a) takes effect on the day notice of it is published under section 4.5.4(a) or on the later day specified in the notice; and (b) remains in force until revoked by the Minister. (6) A condition imposed under subsection (4) takes effect on the day notice of it is published under section 4.5.4(b) or on the later day specified in the notice. S. 4.5.4 substituted by No. 18/2007 s. 3. 4.5.4 Notice of approval The Minister must cause notice to be published in the Government Gazette of— S. 4.5.5 inserted by No. 18/2007 s. 3. 4.5.5 Variation and revocation of approval (1) At any time the Minister may, by instrument— (b) revoke an approval for any reasonable cause stated by the Minister in the instrument of revocation. (2) A variation or revocation takes effect on the day notice of it is published under section 4.5.4(c) or on the later day specified in the notice. Division 3—Approval of other events for betting purposes S. 4.5.6 inserted by No. 18/2007 s. 3. 4.5.6 Approval of events for betting purposes (1) The Commission may, by instrument— (a) approve a particular event or class of event for betting purposes; and (b) approve a betting competition on that event or class. (2) The approval of a betting competition under this section must specify whether it is a competition with fixed odds or a competition conducted on a totalisator. (3) The Commission may impose any conditions it thinks fit on an approval at the time of giving the approval or at any later time. (4) An approval— (a) takes effect on the day notice of it is published under section 4.5.10(1)(a) or on the later day specified in the notice; and (b) remains in force until revoked by the Commission. (5) A condition imposed under subsection (3) takes effect on the day notice of it is published under section 4.5.10(1)(b) or on the later day specified in the notice. S. 4.5.7 inserted by No. 18/2007 s. 3. 4.5.7 What kinds of events can be approved? (1) The Commission may approve events, or classes of events, of any kind for betting purposes, whether those events are held wholly or partly within or outside Victoria. (2) However, the Commission cannot approve an event, class of event or betting competition that is, or is related to, a horse race, harness race or greyhound race. The Commission also cannot approve certain other kinds of event—see section 4.5.2. S. 4.5.8 inserted by No. 18/2007 s. 3. 4.5.8 What must Commission consider in approving events? (1) In determining whether to approve an event or class of event for betting purposes, the Commission must have regard to— (a) whether the event or class is exposed to unmanageable integrity risks; and (b) whether the event or class is administered by an organisation that is capable of administering and enforcing rules or codes of conduct designed to ensure the integrity of the event or class; and (c) whether betting on the event or class is— (i) offensive; or (ii) contrary to the public interest; and (d) except in the case of a sporting event or class of sporting event, whether the approval would represent an unreasonable extension of the scope of gambling in Victoria. (2) The Commission may have regard to any other matter in determining whether to approve an event, class of event or betting competition. S. 4.5.9 inserted by No. 18/2007 s. 3. 4.5.9 Designation of sports betting events The Commission must— (a) determine whether or not an approved betting event is a sports betting event for the purposes of this Part; and (b) designate each sports betting event as such in the instrument of approval. S. 4.5.10 inserted by No. 18/2007 s. 3. 4.5.10 Notice and publication requirements (1) The Commission must cause notice to be published in the Government Gazette of— (2) The notice must state whether the approved betting event is a sports betting event. (3) The Commission must cause to be made available on its website a list of all approved betting events and betting competitions under this Division that indicates which of the approved betting events are sports betting events. S. 4.5.11 inserted by No. 18/2007 s. 3. 4.5.11 Variation and revocation of approval (1) At any time the Commission may, by instrument— (b) revoke an approval for any reasonable cause stated by the Commission in the instrument of revocation. (2) A variation or revocation takes effect on the day notice of it is published under section 4.5.10(1)(c) or on the later day specified in the notice. Ch. 4 Pt 5 Div. 3A (Heading and ss 4.5.11A–4.5.11E) inserted by No. 29/2009 s. 59. Division 3A—Approval of simulated racing events S. 4.5.11A inserted by No. 29/2009 s. 59. 4.5.11A Approval of simulated racing events for betting purposes (1) The Commission may, by instrument— (a) approve a particular simulated racing event or class of simulated racing event for betting purposes; and (b) approve a betting competition on that simulated racing event or class. (2) The Commission may impose any conditions it thinks fit on an approval at the time of giving the approval or at any later time. (3) An approval— (a) takes effect on the day notice of it is published under section 4.5.11C(a) or on the later day specified in the notice; and (b) remains in force until revoked by the Commission. (4) A condition imposed under subsection (2) takes effect on the day notice of it is published under section 4.5.11C(b) or on the later day specified in the notice. S. 4.5.11B inserted by No. 29/2009 s. 59. 4.5.11B What must Commission consider in approving simulated racing events? (1) In determining whether to approve a simulated racing event or class of simulated racing event for betting purposes, the Commission must have regard to— (a) whether betting on the event or class is— (i) offensive; or (ii) contrary to the public interest; and (b) whether the approval would represent an unreasonable extension of the scope of gambling in Victoria; and (c) whether the simulated racing event could be regarded as gaming by means of a gaming machine. (2) The Commission may have regard to any other matter in determining whether to approve a simulated racing event, class of simulated racing event or betting competition on such a simulated racing event or class of event. S. 4.5.11C inserted by No. 29/2009 s. 59. 4.5.11C Notice and publication requirements The Commission must cause notice to be published in the Government Gazette of— S. 4.5.11D inserted by No. 29/2009 s. 59. 4.5.11D Variation and revocation of approval (1) At any time the Commission may, by instrument— (a) vary an approval under section 4.5.11A (including a variation or revocation of a condition to which the approval is subject); or (b) revoke an approval under section 4.5.11A for any reasonable cause stated by the Commission in the instrument of revocation. (2) A variation or revocation takes effect on the day notice of it is published under section 4.5.11C(c) or on the later day specified in the notice. S. 4.5.11E inserted by No. 29/2009 s. 59. 4.5.11E Approval does not limit Minister's power to approve keno game under Chapter 6A This Division is not to be taken to limit Part 2A of Chapter 6A. Ch. 4 Pt 5 Div. 4 (Heading) amended by No. 64/2014 s. 16(1). Division 4—Approval or declaration of sports controlling bodies for sports betting purposes S. 4.5.12 inserted by No. 18/2007 s. 3. 4.5.12 Application for approval (1) An organisation may apply to the Commission for approval as the sports controlling body for a sports betting event. (2) An application for approval must— (b) specify the sports betting event for which the applicant seeks approval; and (c) be accompanied by the prescribed fee (if any); and (d) contain or be accompanied by any additional information the Commission requires. (3) Within 14 days after making an application, the applicant must cause to be published in a newspaper circulating generally throughout Australia, or newspapers circulating generally in each State and Territory of Australia, a notice containing— (a) a statement that any person may object to the application by giving notice in writing to the Commission within 28 days after the date of publication stating the grounds for objection; and (b) any other information required by the Commission. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for approval under this Division. S. 4.5.13 inserted by No. 18/2007 s. 3. 4.5.13 Objections A person may object to an application for approval under this Division by giving notice in writing to the Commission within the time specified in section 4.5.12(3)(a) stating the grounds for objection. S. 4.5.14 (Heading) amended by No. 64/2014 s. 16(2). S. 4.5.14 inserted by No. 18/2007 s. 3. 4.5.14 Matters to be considered in determining applications for approval (1) In determining whether to approve an applicant as the sports controlling body for a sports betting event, the Commission must have regard to— (a) whether the applicant— (i) has control of the event; or (ii) organises or administers the event; and (b) whether the applicant has adequate policies, rules, codes of conduct or other mechanisms designed to ensure the integrity of the event; and (c) whether the applicant supports compliance with relevant international codes and conventions applicable to the event that relate to integrity in sport; and (d) whether the applicant has the expertise, resources and authority necessary to administer, monitor and enforce the integrity systems; and (e) whether the applicant has clear policies on the provision of information that may be relevant to the betting market; and (f) whether the applicant has clear processes for reporting the results of the event and hearing appeals and protests regarding those results; and (g) whether the applicant has clear policies on the sharing of information with sports betting providers for the purpose of investigating suspicious betting activity; and (h) whether the applicant is the most appropriate body to be approved as the approved sports controlling body for the event; and (i) whether the approval of the applicant is in the public interest. (2) The Commission must also have regard to every objection made in accordance with section 4.5.13. (3) The Commission may have regard to any other matter in determining whether to approve an applicant as the sports controlling body for a sports betting event. S. 4.5.15 inserted by No. 18/2007 s. 3. 4.5.15 Determination of applications and duration of approval (1) The Commission must determine an application for approval by either granting or refusing the application and must notify the applicant in writing of its decision. (2) If the Commission refuses an application, it must include reasons for the refusal in the written notification. (3) The Commission may impose any conditions it thinks fit on an approval at the time of granting the approval or at any later time. (4) An approval— (a) takes effect on the day specified by the Commission in the written notification; and (b) remains in force until revoked by the Commission under section 4.5.17 or surrendered under section 4.5.18. S. 4.5.15A inserted by No. 64/2014 s. 17. 4.5.15A Declaration of sports controlling body from another jurisdiction (1) An organisation that is approved under a corresponding sports betting law as the controlling body for a sporting event for the purposes of that law may apply to the Commission to be declared as the sports controlling body for a sports betting event for the purposes of this Part. (2) The Commission may declare the applicant as the sports controlling body for a sports betting event if the Commission is satisfied that the process for approving the applicant as a controlling body for the equivalent event under the corresponding sports betting law is at least equivalent to the process for approving a sports controlling body under this Division. (3) The Commission must notify the applicant in writing of its decision whether or not to declare the applicant as a sports controlling body. (4) If the Commission refuses to declare the applicant as a sports controlling body, it must include reasons for the refusal in the written notification. (5) The Commission may impose any conditions it thinks fit on a declaration at the time of making the declaration or at any later time. (6) A declaration— (a) takes effect on the day specified by the Commission in the written notification; and (b) remains in force until revoked by the Commission under section 4.5.17 or surrendered under section 4.5.18. S. 4.5.16 inserted by No. 18/2007 s. 3. 4.5.16 Notice and publication requirements (1) The Commission must cause notice to be published in the Government Gazette, as soon as practicable, of— (a) the grant of an approval under this Division; and S. 4.5.16 (1)(ab) inserted by No. 64/2014 s. 18(1)(a). (ab) the declaration of an organisation as a sports controlling body under section 4.5.15A; and S. 4.5.16(1)(b) amended by No. 64/2014 s. 18(1)(b). (b) the imposition of a condition on an approval or declaration; and S. 4.5.16(1)(c) amended by No. 64/2014 s. 18(1)(b). (c) the variation or revocation of an approval or declaration. S. 4.5.16(2) amended by No. 64/2014 s. 18(2). (2) Failure to publish a notice under subsection (1) does not affect the validity of the approval, declaration, condition, variation or revocation. (3) The Commission must cause to be made available on its website a list of all sports controlling bodies. S. 4.5.17 (Heading) amended by No. 64/2014 s. 18(3). S. 4.5.17 inserted by No. 18/2007 s. 3. 4.5.17 Variation and revocation of approval or declaration (1) At any time the Commission, by written notice to a sports controlling body, may— S. 4.5.17(1)(a) amended by No. 64/2014 s. 18(4). (a) vary the approval or declaration of the body (including a variation or revocation of a condition to which the approval or declaration is subject); or S. 4.5.17(1)(b) amended by No. 64/2014 s. 18(4). (b) revoke the approval or declaration of the body for any reasonable cause stated by the Commission in the notice of revocation. (2) A variation or revocation takes effect on the day specified by the Commission in the notice. S. 4.5.18 (Heading) amended by No. 64/2014 s. 18(5). S. 4.5.18 inserted by No. 18/2007 s. 3. 4.5.18 Surrender of approval or declaration S. 4.5.18(1) amended by No. 64/2014 s. 18(6). (1) A sports controlling body may surrender its approval or declaration by giving written notice to the Commission. (2) The surrender takes effect— (a) on the day that the Commission receives the notice; or (b) on another day determined by the Commission (which may be a day that occurred before the notice was received). S. 4.5.19 inserted by No. 18/2007 s. 3. 4.5.19 Change in situation of sports controlling body (1) Whenever a change of a kind specified by the Commission in writing given to a sports controlling body takes place in the situation existing in relation to that body, the body must notify the Commission in writing of the change within 14 days after it takes place. S. 4.5.20 inserted by No. 18/2007 s. 3. 4.5.20 Tribunal reviews (1) A person whose interests are affected by the relevant decision may apply to the Tribunal for review of a decision of the Commission— S. 4.5.20(1)(a) amended by No. 64/2014 s. 18(7). (a) to grant or refuse an application for approval or declaration as the sports controlling body for a sports betting event; or S. 4.5.20(1)(b) amended by No. 64/2014 s. 18(7). (b) to impose a condition on an approval or declaration; or S. 4.5.20(1)(c) amended by No. 64/2014 s. 18(7). (c) to vary or revoke an approval or declaration. (2) An application for review must be made within 28 days after the latest of— (a) the day on which the decision was made; (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given; (c) if, under section 10.1.24, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 10.1.23(6) that a statement of reasons will not be given. Division 5—Requirements on sports betting providers S. 4.5.21 inserted by No. 18/2007 s. 3. 4.5.21 What is offering a betting service? For the purposes of this Division, a sports betting provider offers a betting service on a sports betting event if the provider— (a) accepts, offers to accept, or invites a person to place, a bet; or (b) facilitates the placing of a bet— on any contingency relating to the sports betting event or any event forming part of it. S. 4.5.22 inserted by No. 18/2007 s. 3. 4.5.22 Prohibition on offering betting service without agreement or determination S. 4.5.22(1) amended by No. 64/2014 s. 19. (1) A sports betting provider must not, in Victoria or elsewhere, offer a betting service on a sports betting event unless— (a) an agreement is in effect under section 4.5.23 between the sports controlling body for that event and the sports betting provider; or (b) a determination of the Commission is in effect under section 4.5.26 for the sports betting provider to offer a betting service on the event. (2) Subsection (1) does not apply— (a) to a sports betting event held wholly outside Victoria; or (b) at any time while an application by the sports betting provider for a determination under section 4.5.26 in respect of the event is before the Commission; or (c) if there is no sports controlling body for the event; or (d) during the period ending 6 months after the day on which the approval of a sports controlling body for the event took effect. S. 4.5.23 inserted by No. 18/2007 s. 3. 4.5.23 Agreement of sports controlling body (1) A sports controlling body for a sports betting event may make an agreement with a sports betting provider for the sports betting provider to offer a betting service on the event. (2) An agreement must— (a) provide for the sharing of information between the parties for the purposes of protecting and supporting integrity in sports and sports betting; and (b) state— (i) whether or not a fee is payable by the sports betting provider to the sports controlling body in respect of betting on the sports betting event; and (ii) if a fee is payable, what the fee is or how it is calculated. (3) An agreement may contain any other matters the parties consider appropriate. (4) An agreement takes effect, and may be terminated, in accordance with its terms. S. 4.5.24 inserted by No. 18/2007 s. 3. 4.5.24 Application for Commission determination if no sports controlling body agreement (1) If a sports betting provider cannot reach agreement with a sports controlling body under section 4.5.23, the sports betting provider may apply to the Commission for a determination under section 4.5.26. (b) be accompanied by the prescribed fee (if any); and (3) The Commission must not proceed to determine an application unless it is satisfied that the sports controlling body has unreasonably refused or failed to enter into an agreement with the sports betting provider under section 4.5.23, having regard to— (a) whether the sports controlling body and the sports betting provider have engaged in genuine negotiations and there are no reasonable prospects of agreement being reached; or (b) whether the sports controlling body has refused to enter into negotiations for an agreement with the sports betting provider. S. 4.5.25 inserted by No. 18/2007 s. 3. 4.5.25 Procedure on application (1) The procedure on an application under section 4.5.24 is to be determined by the Commission. (2) The Commission may cause to be carried out any investigations or inquiries that it considers necessary to consider the application properly. S. 4.5.25(3) amended by Nos 27/2013 s. 13, 54/2021 s. 41(d). (3) Despite anything to the contrary in section 28 of the **Victorian Gambling and Casino Control Commission Act 2011**, any inquiry for the purpose of determining an application under section 4.5.24 must be conducted in private. S. 4.5.26 inserted by No. 18/2007 s. 3. 4.5.26 Determination of Commission (1) On an application under section 4.5.24, the Commission may determine that the sports betting provider may offer a betting service on a sports betting event. (2) A determination must— (a) provide for the sharing of information between the sports betting provider and the sports controlling body for the purposes of protecting and supporting integrity in sports and sports betting; and (b) state— (i) whether or not a fee is payable by the sports betting provider to the sports controlling body in respect of betting on the sports betting event; and (ii) if a fee is payable, what the fee is or how it is calculated. (3) In making a determination under this section, the Commission must have regard to— (a) any integrity-related costs that the sports controlling body has incurred or may incur as a result of betting taking place on the sports betting event; and (b) the integrity of the sports betting event; and (c) any actual or potential financial returns to the sports betting provider, taking into account existing taxes, charges and levies, from conducting betting on the sports betting event; and (d) the existing legislative rights and liabilities of the sports betting provider and the sports controlling body with respect to the use and provision of information; and (e) any other matters the Commission considers relevant. (4) The Commission must give written notice of a determination, including the reasons for the determination, to the sports betting provider and the sports controlling body. (5) A determination takes effect at the time notice is given under subsection (4) or at a later time specified in the notice. (6) The terms of a determination are binding on the sports betting provider and the sports controlling body and may be enforced by either of them as if the determination were an agreement between the sports betting provider and the sports controlling body on those terms. S. 4.5.27 inserted by No. 18/2007 s. 3. 4.5.27 Variation and revocation of determination (1) A sports betting provider or a sports controlling body or both may apply to the Commission at any time for the variation or revocation of a determination under section 4.5.26. (b) be accompanied by the prescribed fee (if any); and (3) The Commission may cause to be carried out any investigations or inquiries that it considers necessary to consider the application properly. S. 4.5.27(4) amended by Nos 27/2013 s. 13, 54/2021 s. 41(d). (4) Despite anything to the contrary in section 28 of the **Victorian Gambling and Casino Control Commission Act 2011**, any inquiry for the purpose of determining an application under this section must be conducted in private. (5) On an application, the Commission must decide whether or not to vary or revoke the determination and give written notice of its decision, including the reasons for the decision, to the sports betting provider and the sports controlling body. (6) A variation or revocation of a determination takes effect at the time notice is given under subsection (5) or at a later time specified in the notice. (7) For the avoidance of doubt, the revocation of a determination does not affect any right or liability of the sports betting provider or sports controlling body under the determination that accrued before the revocation took effect. S. 4.5.28 inserted by No. 18/2007 s. 3. 4.5.28 Costs of investigating applications (1) The Commission, by written notice, may require an applicant for a determination under section 4.5.26 or variation or revocation of a determination under section 4.5.27 to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of investigating the application. (2) The Commission may require the amount to be paid by instalments or at any time before, during or after the investigation, whether or not the Commission makes the determination, variation or revocation sought. (3) An amount payable under this section may be recovered in a court of competent jurisdiction as a debt to the Crown. Ch. 4 Pt 5 Div. 6 (Heading) amended by No. 9/2018 s. 12. Division 6—Prohibition of betting contingencies relating to events S. 4.5.29AA inserted by No. 9/2018 s. 13. 4.5.29AA Definition ***contingency relating to an event*** means a contingency relating to an event or class of event— (a) approved under Division 3 for betting purposes; and (b) held wholly or partly in Victoria. S. 4.5.29 (Heading) amended by No. 9/2018 s. 14(1). S. 4.5.29 inserted by No. 18/2007 s. 3. 4.5.29 Commission may prohibit betting on a contingency relating to an event S. 4.5.29(1) amended by No. 9/2018 s. 14(2). (1) The Commission, by instrument, may prohibit betting on a contingency relating to an event if the Commission considers that betting on the contingency relating to an event— (a) may expose the relevant event or class of event to unmanageable integrity risks; or (b) is offensive; or (c) is contrary to the public interest; or (d) is unfair to investors; or (e) should be prohibited for any other reason. S. 4.5.29(1A) inserted by No. 64/2014 s. 20(1), amended by No. 9/2018 s. 14(3). (1A) The Commission may prohibit betting on a contingency relating to an event under subsection (1) on application by a sports controlling body or on its own initiative. (2) The Commission, by instrument, may vary or revoke a prohibition under subsection (1) at any time. (3) A prohibition, or variation or revocation of a prohibition, takes effect on the day notice of it is published in the Government Gazette under section 4.5.30(1)(a) or on the later day specified in the notice. S. 4.5.29(4) repealed by No. 9/2018 s. 14(4). S. 4.5.30 inserted by No. 18/2007 s. 3. 4.5.30 Notice and publication requirements (1) The Commission must cause notice of a prohibition under this Division, and the variation or revocation of a prohibition, to be published— (a) in the Government Gazette; and (b) as soon as practicable after publication under paragraph (a), in a newspaper circulating generally throughout Australia, or newspapers circulating generally in each State and Territory of Australia. (2) The Commission must cause written notice of a prohibition under this Division, and the variation or revocation of a prohibition, to be given, as soon as practicable after publication under subsection (1)(a), to each sports betting provider known to the Commission. S. 4.5.30(3) amended by No. 18/2025 s. 13. (3) Failure to publish a notice under subsection (1)(b) or to notify a sports betting provider under subsection (2) does not affect the validity of the prohibition, variation or revocation, but a sports betting provider does not commit an offence against section 4.5.31(1) if— (a) notice was not published under subsection (1)(b); and (b) the sports betting provider was not notified under subsection (2). S. 4.5.30(3A) inserted by No. 64/2014 s. 20(2). (3A) The Commission must cause to be given to a sports controlling body written notice of a prohibition under this Division, or variation or revocation of a prohibition, that is relevant to the sports controlling body, but failure to do so does not affect the validity of the prohibition, variation or revocation. S. 4.5.30(3B) inserted by No. 64/2014 s. 20(2), amended by No. 9/2018 s. 15. (3B) If a sports controlling body applies to the Commission to prohibit betting on a contingency relating to an event and the Commission decides not to prohibit it, the Commission must cause written notice of the decision to be given to the sports controlling body including reasons for the decision. (4) The Commission must cause to be made available on its website, a list of all prohibitions under this Division and must update the list as soon as practicable after each publication under subsection (1)(a). S. 4.5.31 (Heading) amended by No. 9/2018 s. 16(1). S. 4.5.31 inserted by No. 18/2007 s. 3. 4.5.31 Offence to offer bets on a contingency relating to an event S. 4.5.31(1) amended by No. 9/2018 s. 16(2). (1) A sports betting provider must not, in Victoria or elsewhere— on a contingency relating to an event that is the subject of a prohibition under section 4.5.29. S. 4.5.31(2) amended by Nos 20/2015 s. 56(Sch. 1 item 7), 9/2018 s. 16(3). (2) Despite anything in Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**, a person is not involved in the commission of an offence against subsection (1) only because the person places a bet on a prohibited contingency relating to an event with a sports betting provider. Ch. 4 Pt 5 Div. 7 (Heading and ss 4.5.32, 4.5.33) inserted by No. 64/2014 s. 21. Division 7—Monitoring integrity in sports betting S. 4.5.32 inserted by No. 64/2014 s. 21. 4.5.32 Sports controlling body to notify Commission (1) A sports controlling body must notify the Commission in writing of— (a) any change to the sports controlling body's policies, rules, codes of conduct or other mechanisms designed to ensure the integrity of the relevant sports betting event; and (b) any change to the expertise, resources and authority available to the sports controlling body to administer, monitor and enforce those policies, rules, codes of conduct and other mechanisms. (2) Notification under subsection (1) must be given— (a) at intervals not exceeding 12 months; and (b) at any time on request by the Commission. (3) If a sports controlling body becomes aware of a breach or suspected breach of its policies, rules, codes of conduct or other mechanisms designed to ensure the integrity of the relevant sports betting event, the sports controlling body must, as soon as practicable and in any event within 14 days, notify the Commission in writing of the breach or suspected breach. (4) A sports controlling body must, as soon as practicable and in any event within 14 days, notify the Commission in writing of the action taken by the sports controlling body to investigate a breach or suspected breach referred to in subsection (3). (5) A sports controlling body must, as soon as practicable and in any event within 14 days, notify the Commission in writing of the result of action taken on the completion of an investigation referred to in subsection (4). S. 4.5.33 inserted by No. 64/2014 s. 21. 4.5.33 Direction to sports controlling body to provide information about integrity mechanisms (1) The Commission may give a written direction to a sports controlling body to provide to the Commission, within the time of not less than 14 days specified in the direction, any information about the implementation by the sports controlling body of mechanisms designed to ensure the integrity of the relevant sports betting event. (2) A sports controlling body must comply with a direction under subsection (1). Ch. 4 Pt 5AA (Heading and ss 4.5AA.1–4.5AA.8) inserted by No. 9/2018 s. 17. Part 5AA—Prohibitions or conditions on betting on contingencies S. 4.5AA.1 inserted by No. 9/2018 s. 17. 4.5AA.1 Definitions ***contingency*** means any contingency other than a contingency that has been prohibited by a prohibition under section 4.5.29; ***contingency betting condition*** means a contingency that is subject to a condition imposed by an instrument made under section 4.5AA.2(1), including a condition that is varied under section 4.5AA.2(2); ***contingency betting prohibition*** means a contingency prohibited by an instrument made under section 4.5AA.2(1), including a prohibition that is varied under section 4.5AA.2(2). S. 4.5AA.2 inserted by No. 9/2018 s. 17. 4.5AA.2 Minister may prohibit or impose conditions on betting on contingencies (1) The Minister, by instrument, may— (a) prohibit betting on a contingency with a wagering service provider if the Minister considers that betting on the contingency is contrary to the public interest; or (b) impose a condition on betting on a contingency with a wagering service provider if the Minister considers that betting on the contingency other than in accordance with the condition is contrary to the public interest. (2) The Minister, by instrument, may vary or revoke a contingency betting prohibition or contingency betting condition under subsection (1) at any time. S. 4.5AA.3 inserted by No. 9/2018 s. 17. 4.5AA.3 Matters to consider when prohibiting or imposing conditions on betting on contingencies In making, varying or revoking a contingency betting prohibition or contingency betting condition under section 4.5AA.2, the Minister— (a) may consider any responsible gambling objective (as defined in section 2.5A.1) and any consumer protection issue associated with betting on the contingency; and (b) must not consider whether the proposed prohibition, condition, variation or revocation will— (i) affect State revenue; or (ii) harm Victorian businesses. S. 4.5AA.4 inserted by No. 9/2018 s. 17. 4.5AA.4 Notice and publication requirements (1) If the Minister makes, varies or revokes a contingency betting prohibition or contingency betting condition, the Minister— (a) must cause notice of the making, variation or revocation to be published in the Government Gazette; and (b) as soon as practicable after publication under paragraph (a), must cause notice of the making, variation or revocation to be given to each wagering service provider likely to be affected by the prohibition or condition. (2) The Minister must cause a copy of an instrument making a contingency betting prohibition or contingency betting condition to be laid before each House of Parliament within 6 sitting days of that House after the making of the instrument. (3) Failure to notify a wagering service provider under subsection (1)(b) does not affect the validity of the prohibition, condition, variation or revocation. (4) The Commission must— (a) cause to be made available on its website, a list of all prohibitions and conditions under this Division; and (b) update the list as soon as practicable after each publication under subsection (1)(a). S. 4.5AA.5 inserted by No. 9/2018 s. 17. 4.5AA.5 Taking effect of prohibition or condition (1) A contingency betting prohibition or contingency betting condition, or variation of a contingency betting prohibition or contingency betting condition, takes effect on a day specified in the notice under section 4.5AA.4 that is no earlier than 30 days after publication of the notice in the Government Gazette. (2) Revocation of a contingency betting prohibition or contingency betting condition takes effect on the day the notice of the revocation is published in the Government Gazette under section 4.5AA.4. S. 4.5AA.6 inserted by No. 9/2018 s. 17. 4.5AA.6 Submissions on making or varying a prohibition or condition Before making or varying a contingency betting prohibition or contingency betting condition, the Minister— (a) may request wagering service providers to make submissions to the Minister on the proposed making or varying of the prohibition or condition, within the time specified in the request; and (b) must have regard to any submissions made under paragraph (a) within the specified time. S. 4.5AA.7 inserted by No. 9/2018 s. 17. 4.5AA.7 Disallowance of contingency betting prohibition or condition (1) A contingency betting prohibition or contingency betting condition is disallowed if— (a) a notice of a resolution to disallow the prohibition or condition is given in a House of Parliament on or before the 18th sitting day of that House after the prohibition or condition is laid before that House; and (b) the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution. (2) Disallowance of a contingency betting prohibition or contingency betting condition has the same effect as a revocation of the prohibition or condition. S. 4.5AA.8 inserted by No. 9/2018 s. 17. 4.5AA.8 Offences to offer bets on prohibited betting contingencies and not to comply with conditions on betting contingencies S. 4.5AA.8(1) amended by No. 30/2023 s. 15. (1) A wagering service provider must not, in Victoria or elsewhere— on a contingency that is the subject of a prohibition under section 4.5AA.2. S. 4.5AA.8(2) amended by No. 30/2023 s. 15. (2) A wagering service provider must not, in Victoria or elsewhere— on a contingency that is the subject of a condition under section 4.5AA.2 other than in accordance with that condition. (3) Despite anything in Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**, a person is not involved in the commission of an offence against subsection (1) or (2) only because the person places a bet on a prohibited contingency, or contingency subject to conditions, with a wagering service provider. Ch. 4 Pt 5A (Heading and ss 4.5A.1–4.5A.17) inserted by No. 73/2008 s. 23. Part 5A—Bookmaker and bookmaking related registrations S. 4.5A.1 inserted by No. 73/2008 s. 23. 4.5A.1 Definitions ***trading bookmaking partnership*** means a partnership under the trading name of which wagers are taken. S. 4.5A.2 inserted by No. 73/2008 s. 23. 4.5A.2 Application for registration as bookmaker (1) An individual aged 18 years or more or a corporation may apply to the Commission for registration as a bookmaker. (b) must be accompanied by the prescribed fee (if any); and S. 4.5A.2 (2)(ba) inserted by No. 25/2009 s. 42. (ba) must be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if registered; and (c) must contain or be accompanied by any additional information the Commission requires; and (d) if the applicant is a corporation, must nominate an individual aged 18 years or more for approval under section 4.5A.8 to be the nominee of the corporation. (3) If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application. S. 4.5A.3 inserted by No. 73/2008 s. 23. 4.5A.3 Application for registration as bookmaker's key employee (1) An individual aged 18 years or more may apply to the Commission for registration as a bookmaker's key employee. (b) must be accompanied by the prescribed fee (if any); and (c) must contain or be accompanied by any additional information the Commission requires. (3) If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application. S. 4.5A.4 inserted by No. 73/2008 s. 23. 4.5A.4 Determination of application for registration as bookmaker (1) The Commission is to determine whether to grant or refuse an application for registration as a bookmaker. (2) In determining whether to grant or refuse an application, the Commission must have regard to— (a) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; and (b) whether the applicant, and each associate of the applicant, has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and (c) whether the applicant, and each associate of the applicant, is of sound and stable financial background; and (d) if the applicant is a corporation— (i) whether the applicant has, or has arranged for, a satisfactory ownership, trust or corporate structure; and (ii) whether the nominee, each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and S. 4.5A.4(2)(e) amended by No. 25/2009 s. 43(1). (e) whether appropriate bond arrangements for the applicant under section 94A of the **Racing Act 1958** are in place; and S. 4.5A.4(2)(f) inserted by No. 25/2009 s. 43(2). (f) whether the Responsible Gambling Code of Conduct accompanying the application complies with— S. 4.5A.4(2)(f)(i) substituted by No. 62/2017 s. 56(4). S. 4.5A.4(2)(f)(ii) substituted by No. 62/2017 s. 56(4). (3) The Commission must give written notice of its decision on an application to the applicant. (4) If the Commission refuses an application, the notice under subsection (3) must include the reasons for the refusal. S. 4.5A.5 inserted by No. 73/2008 s. 23. 4.5A.5 Determination of application for registration as bookmaker's key employee (1) The Commission is to determine whether to grant or refuse an application for registration as a bookmaker's key employee. (2) In determining whether to grant or refuse an application, the Commission must have regard to whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity. (3) The Commission must give written notice of its decision on an application to the applicant. (4) If the Commission refuses an application, the notice under subsection (3) must include the reasons for the refusal. S. 4.5A.5(5) inserted by No. 60/2011 s. 33. S. 4.5A.6 inserted by No. 73/2008 s. 23. 4.5A.6 Certificate of registration and identity card (1) On granting an application for registration as a bookmaker or bookmaker's key employee, the Commission must issue a certificate of registration and an identity card to the registration holder. S. 4.5A.6(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.24). (2) At all times while working as a registered bookmaker or bookmaker's key employee on a licensed racecourse— (a) the registration holder; or (b) if the registration holder is a registered bookmaker that is a corporation, the nominee of the registered bookmaker— must wear the registration holder's or nominee's identity card in such a manner as to be visible to other people. (3) In the event that a certificate of registration or identity card is lost or destroyed, the registration holder or nominee may apply to the Commission for a replacement certificate or card. (4) An application for a replacement certificate of registration or identity card must— (a) be accompanied by a statutory declaration as to the circumstances in which the certificate or card was lost or destroyed; and (b) be accompanied by the prescribed fee (if any). (5) If the registration is cancelled or suspended, the registration holder must return the certificate of registration and identity card to the Commission within 14 days after the suspension or cancellation. S. 4.5A.7 inserted by No. 73/2008 s. 23. 4.5A.7 Duration of registration as bookmaker or bookmaker's key employee Registration as a bookmaker or bookmaker's key employee— (a) takes effect when the certificate of registration is given or on a later date specified in the certificate; and S. 4.5A.7(b) amended by No. 64/2014 s. 22. (b) remains in force for the term not exceeding 10 years specified in the registration unless sooner cancelled or surrendered. S. 4.5A.8 inserted by No. 73/2008 s. 23. 4.5A.8 Nominee of corporation (1) The Commission may approve or refuse to approve a person nominated under section 4.5A.2(2)(d) by either approving or refusing to approve the nominated person and must notify the applicant of its decision in writing. (2) The Commission may refuse to approve a nominated person unless it is satisfied that the person, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of the corporation. (3) In determining whether a nominated person is a suitable person under subsection (2), the Commission must consider— (a) whether the nominee is of good repute, having regard to character, honesty and integrity; and (b) whether the nominee and each associate of the nominee are of a sound and stable financial background. (4) If the Commission approves a nominated person, the Commission must issue an identity card to that person. (5) If— (a) the Commission refuses to approve a nominated person; or (b) a nominee who has been approved by the Commission resigns, is dismissed or otherwise becomes unable to perform the functions of the nominee of the corporation— the applicant or registration holder must nominate, within 60 days (or the longer period allowed by the Commission) after the refusal, resignation or dismissal, or becoming unable to perform, another individual aged 18 years or more for approval under this section to be the nominee of the corporation. (6) A nominee approved under this section is liable under this Act as a registered bookmaker. (7) The approval by the Commission of a nominee under this section does not limit the liability of the corporation as a registered bookmaker. S. 4.5A.9 inserted by No. 73/2008 s. 23. 4.5A.9 Application of registered bookmakers to be in partnerships (1) A registered bookmaker may apply in writing to the Commission for approval for either or both of the following— (a) to be a member of a trading bookmaking partnership; or (b) to be a member of any other partnership where the business of that bookmaker as a bookmaker or any substantive parts of that business are conducted jointly with other bookmakers. (b) must be accompanied by any additional information in connection with the application that the Commission requires. (3) If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application. S. 4.5A.10 inserted by No. 73/2008 s. 23. 4.5A.10 Approval of registered bookmakers to be in partnerships (1) The Commission may grant or refuse an application under section 4.5A.9(1) and may at any time revoke or vary an approval granted under this section. (2) An approval under this section ceases to have effect— S. 4.5A.10 (2)(a) repealed by No. 64/2014 s. 23. (b) on the revocation of the approval by the Commission; or (c) on the surrender of the approval by the bookmaker to the Commission; or (d) on the certificate of registration issued under this Part to any registered bookmaker who is a member of the partnership ceasing to have effect— whichever is the earliest. (3) The Commission may suspend an approval under this section, and during the period of suspension the approval has no force or effect. (4) The Commission may impose a condition on an approval under this section either on or after the granting of the application for the approval. (5) The Commission may vary or revoke a condition of an approval under this section. (6) Unless a registered bookmaker has the approval of the Commission under this section to do so, the registered bookmaker must not be a member of— (a) a trading bookmaking partnership; or (b) any other partnership where the business of that bookmaker as a bookmaker or any substantive parts of that business are conducted jointly with other persons. S. 4.5A.10A inserted by No. 25/2009 s. 44, amended by No. 62/2017 s. 57(5). 4.5A.10A Responsible Gambling Code of Conduct is a condition of registration for a bookmaker It is a condition of registration as a bookmaker that the bookmaker implement a Responsible Gambling Code of Conduct that complies with— S. 4.5A.10A(a) inserted by No. 62/2017 s. 57(5). S. 4.5A.10A(b) inserted by No. 62/2017 s. 57(5). (b) each direction under section 10.6.6(1) that applies in relation to the bookmaker. S. 4.5A.11 inserted by No. 73/2008 s. 23, amended by No. 25/2009 s. 45. 4.5A.11 Conditions of registration In addition to any condition imposed by this Act, on granting an application for registration as a bookmaker or bookmaker's key employee, the Commission may impose any conditions of registration that the Commission considers are appropriate including— (a) conditions to allow for the proper conduct of bookmaking; or S. 4.5A.11(b) amended by No. 60/2011 s. 34. (b) conditions that are otherwise in the public interest. S. 4.5A.12 inserted by No. 73/2008 s. 23. 4.5A.12 Amendment of conditions S. 4.5A.12(1) amended by No. 25/2009 s. 46. (1) The conditions of a registration as a bookmaker or bookmaker's key employee (other than a condition imposed by this Act) may be amended in accordance with this section. (a) by the registration holder by requesting the Commission in writing; or (b) by the Commission by giving notice of the proposed amendment and giving reasons to the registration holder in writing. (3) An amendment proposed by the Commission may only be for the proper conduct of bookmaking or otherwise in the public interest. (4) The Commission must give the registration holder at least 28 days to make a submission concerning an amendment proposed by the Commission and must consider any submission made within that period. (5) The registration holder may waive the right under subsection (4) to make a submission concerning an amendment proposed by the Commission by giving notice in writing to the Commission. (6) The Commission must decide whether to make any proposed amendment, either with or without changes from that originally proposed, and must notify the registration holder of its decision in writing. (7) An amendment takes effect when notice of the Commission's decision is given to the registration holder or at any later date that may be specified in the notice. S. 4.5A.13 inserted by No. 73/2008 s. 23. 4.5A.13 Registration renewal (1) A registered bookmaker or bookmaker's key employee may, not earlier than 9 months before the expiration of the current registration, apply to the Commission for a new registration, in which case— (a) the current registration continues in force, unless sooner cancelled or surrendered, until the new registration is granted or refused; and (b) if granted, the new registration must be taken to have been granted on the day on which the current registration was due to expire and must be dated accordingly. (2) An application under subsection (1) must be made in the form approved by the Commission and must be accompanied by the prescribed fee (if any). (3) This Act (except sections 4.5A.2 and 4.5A.3) applies to and in relation to— (a) an application under this section for a new registration; and (c) any registration issued as a result of such an application— as if the application has been made by a person other than a registered bookmaker or bookmaker's key employee. S. 4.5A.14 inserted by No. 73/2008 s. 23. 4.5A.14 Disciplinary action against registered bookmaker or bookmaker's key employee ***disciplinary action***, against a registered bookmaker or bookmaker's key employee, means any of the following— (a) the cancellation or suspension of the registration; (b) the variation of the conditions of the registration; (c) the issuing of a letter of censure; (d) in the case of a registered bookmaker the imposition of a fine not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; S. 4.5A.14(1) def. of *grounds for disciplinary action* amended by Nos 25/2009 s. 47, 40/2025 s. 25. ***grounds for disciplinary action***, in relation to registered bookmaker or bookmaker's key employee, means any of the following— (a) that the registration was improperly obtained in that, at the time it was granted, there were grounds for refusing it; (b) that the registration holder failed to provide information that the holder is required by this Act or the **Racing Act 1958** to provide or has provided information knowing it to be false or misleading; (c) that the registration holder has contravened this Act or the **Racing Act 1958** or a condition of the registration; (i) the registration holder; or (ii) if the registration holder is a corporation, an executive officer or nominee of the corporation— (e) that the registration holder has become an insolvent under administration or, if the registration holder is a corporation, a Chapter 5 body corporate; (ea) that there have been repeated breaches by the registered bookmaker of the bookmaker's Responsible Gambling Code of Conduct; (f) that the registration holder is, for any other reason, not a suitable person to be registered as a bookmaker or bookmaker's key employee; (b) an offence (in Victoria or elsewhere) involving fraud or dishonesty; (c) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence. (2) The Commission may serve on the registered bookmaker or bookmaker's key employee a notice in writing giving the holder of the registration an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. (3) The registration holder, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions made. (4) The Commission may then take disciplinary action against the registration holder as the Commission sees fit and does so by giving written notice of the disciplinary action to the registration holder. (5) If the disciplinary action is the cancellation, suspension or variation of the terms of the registration, it takes effect when the notice under subsection (4) is given or at a later time specified in the notice. S. 4.5A.14A inserted by No. 60/2011 s. 35. 4.5A.14A Suspension of a bookmaker's registration pending criminal proceedings (1) The Commission may suspend a bookmaker's registration by notice in writing given to the bookmaker if the Commission is satisfied that— (a) the bookmaker; or (b) if the bookmaker is a body corporate, an officer, director or nominee of the bookmaker— has been charged with a relevant offence. (3) In this section ***relevant offence*** means— (b) an offence (in Victoria or elsewhere) involving fraud or dishonesty where the offence is punishable by imprisonment for 3 months or more; (c) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, in respect of the management or operation of the bookmaker's business. S. 4.5A.14B inserted by No. 60/2011 s. 35. 4.5A.14B Suspension of a bookmaker's key employee's registration pending criminal proceedings (1) The Commission may suspend a bookmaker's key employee's registration by notice in writing given to the bookmaker's key employee if the Commission is satisfied that the bookmaker's key employee has been charged with a relevant offence. (3) In this section ***relevant offence*** means— (b) an offence (in Victoria or elsewhere) involving fraud or dishonesty where the offence is punishable by imprisonment for 3 months or more; (c) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, in respect of the management or operation of the business at which the bookmaker's key employee is employed. S. 4.5A.15 inserted by No. 73/2008 s. 23. 4.5A.15 Review by VCAT of registrations as a bookmaker or bookmaker's key employee A person whose interests are affected may apply to the Victorian Civil and Administrative Tribunal for review of— (a) a decision to refuse an application for registration as a bookmaker or bookmaker's key employee; (b) a decision to refuse an application for approval of registered bookmakers to be in partnership; (c) a decision to suspend an approval of registered bookmakers to be in partnership; (d) a decision to impose, vary or revoke a condition of an approval of registered bookmakers to be in partnership; (e) a decision to refuse an application for approval of a nominee of a registered bookmaker; (f) a decision to impose or amend a condition of a registration as a bookmaker or bookmaker's key employee; (g) a decision to refuse to renew a registration as a bookmaker or bookmaker's key employee; S. 4.5A.15(h) amended by No. 60/2011 s. 36(1). (h) a decision to take disciplinary action against a registered bookmaker or bookmaker's key employee; S. 4.5A.15(i) inserted by No. 60/2011 s. 36(2). (i) a decision to suspend the registration of a bookmaker under section 4.5A.14A; S. 4.5A.15(j) inserted by No. 60/2011 s. 36(2). (j) a decision to suspend the registration of a bookmaker's key employee under section 4.5A.14B. S. 4.5A.16 inserted by No. 73/2008 s. 23. 4.5A.16 Time limit for applying for review An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 4.5A.17 inserted by No. 73/2008 s. 23, repealed by No. 56/2010 s. 61(6), new s. 4.5A.17 inserted by No. 56/2014 s. 52. 4.5A.17 Registered bookmaker must not engage convicted person (1) A registered bookmaker must not engage a person with a relevant conviction to assist in any part of the bookmaker's operations that involves— (a) handling or making arrangements in relation to any bets made with the bookmaker; or (b) the publication of betting odds. ***engage*** means to engage— (a) whether by contract or otherwise; and (b) whether by employment or otherwise; and (c) whether on a voluntary basis or otherwise; ***person with a relevant conviction*** means a person who has, within the last 10 years, been convicted of a relevant offence within the meaning of section 4.5A.14. Ch. 4 Pt 6 (Heading) amended by No. 47/2018 s. 4(1). Part 6—Commissions, dividends and supervision charge Division 1—Wagering S. 4.6.1 (Heading) amended by No. 28/2022 s. 88(1). S. 4.6.1 substituted by Nos 22/2007 s. 11, 40/2008 s. 9. 4.6.1 Commissions—wagering S. 4.6.1(1) repealed by No. 28/2022 s. 88(2). S. 4.6.1(2) amended by No. 13/2023 s. 62. (2) A wagering and betting licensee may deduct, or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by the licensee on a wagering event or wagering events, an amount not exceeding the maximum amount specified in the betting rules in relation to the relevant totalisator. Note to s. 4.6.1 substituted by No. 64/2014 s. 24. For the amount that the maximum amount specified in the betting rules cannot exceed, see section 4.2.5(2B). S. 4.6.2 (Heading) amended by No. 28/2022 s. 89(1). 4.6.2 Dividends—wagering S. 4.6.2(1)–(3) repealed by No. 28/2022 s. 89(2). S. 4.6.2(4) inserted by No. 40/2008 s. 10, amended by No. 13/2023 s. 63(a). (4) A wagering and betting licensee, after deduction of the licensee's commissions under section 4.6.1(2), must pay by way of dividends all money invested in totalisators conducted by the licensee on a wagering event or wagering events. S. 4.6.2(5) inserted by No. 40/2008 s. 10, amended by No. 13/2023 s. 63(b). (5) If no person nominates the winning combination in a totalisator conducted by a wagering and betting licensee, the licensee may, unless otherwise directed by the Commission, transfer the money that would have been payable as dividends in that totalisator to be added to the money to form part of the money available for dividends in respect of a subsequent totalisator conducted by the licensee. S. 4.6.2(6) inserted by No. 40/2008 s. 10. (6) If, but for this subsection, a dividend would include a fraction of 10 cents— (a) if the fraction is less than 5 cents, the wagering and betting licensee is not required to include the fraction in the dividend; and (b) if the fraction is 5 cents or more, the wagering and betting licensee is required to include 5 cents in the dividend. S. 4.6.3 amended by Nos 29/2009 s. 60, 64/2010 s. 45, 32/2012 s. 13(6), repealed by No. 47/2018 s. 4(2). S. 4.6.3A inserted by No. 58/2009 s. 81, repealed by No. 47/2018 s. 4(2). Division 2—Approved betting competitions S. 4.6.4 (Heading) amended by No. 28/2022 s. 90(1). S. 4.6.4 amended by No. 40/2008 s. 11(1) (ILA s. 39B(1)). 4.6.4 Commissions—approved betting competitions S. 4.6.4(1) repealed by No. 28/2022 s. 90(2). S. 4.6.4(2) inserted by No. 40/2008 s. 11(1), amended by No. 13/2023 s. 64. (2) A wagering and betting licensee may deduct or cause to be deducted, as commission out of the total amount invested in each totalisator conducted by the licensee on an approved betting competition, an amount not exceeding 25% of the amount so invested. S. 4.6.5 (Heading) amended by No. 28/2022 s. 91(1). 4.6.5 Dividends—approved betting competitions S. 4.6.5(1) amended by No. 40/2008 s. 11(2), repealed by No. 28/2022 s. 91(2). S. 4.6.5(2)(3) repealed by No. 28/2022 s. 91(2). S. 4.6.5(4) inserted by No. 40/2008 s. 11(3), amended by No. 13/2023 s. 65(a). (4) A wagering and betting licensee, after the deduction of the licensee's commissions under section 4.6.4(2), must pay by way of dividends all money invested in a totalisator conducted by the licensee on an approved betting competition. S. 4.6.5(5) inserted by No. 40/2008 s. 11(3), amended by No. 13/2023 s. 65(b). (5) If no person nominates the winning combination in a totalisator conducted by a wagering and betting licensee on an approved betting competition, the licensee may, unless otherwise directed by the Commission, transfer the money that would have been payable as dividends in that totalisator to be added to the money to form part of the money available for dividends in respect of a subsequent totalisator conducted by the licensee on an approved betting competition. S. 4.6.5(6) inserted by No. 40/2008 s. 11(3). (6) If, but for this section, a dividend would include a fraction of 10 cents— (a) if the fraction is less than 5 cents, the wagering and betting licensee is not required to include the fraction in the dividend; and (b) if the fraction is 5 cents or more, the wagering and betting licensee is required to include 5 cents in the dividend. S. 4.6.6 amended by Nos 40/2008 s. 11(4), 29/2009 s. 61, repealed by No. 47/2018 s. 4(2). Ch. 4 Pt 6 Div. 2A (Heading and s. 4.6.6A) inserted by No. 29/2009 s. 62, amended by No. 58/2009 s. 142(11), repealed by No. 47/2018 s. 4(2). Ch. 4 Pt 6 Div. 2B (Heading and s. 4.6.6B) inserted by No. 29/2009 s. 62, repealed by No. 47/2018 s. 4(2). Division 3—Supervision charge S. 4.6.7 amended by No. 1/2021 s. 29, repealed by No. 28/2022 s. 92. S. 4.6.7A (Heading) amended by No. 28/2022 s. 93. S. 4.6.7A inserted by No. 40/2008 s. 12. 4.6.7A Licensee to pay charge S. 4.6.7A(1) amended by No. 13/2023 s. 66. (1) A wagering and betting licensee must pay to the Treasurer a supervision charge in the instalments and in respect of the periods in each financial year determined by the Treasurer from time to time. (2) The supervision charge is the amount in respect of each financial year as the Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Commission in carrying out its functions and powers in respect of wagering and approved betting competitions. Division 4—General S. 4.6.8 amended by No. 40/2008 s. 13(1) (ILA s. 39B(1)). 4.6.8 Hospitals and Charities Fund S. 4.6.8(1) repealed by No. 47/2018 s. 4(2). S. 4.6.8(2) inserted by No. 40/2008 s. 13(1), amended by No. 13/2023 s. 67. (2) An amount or amounts equal to the premium payment for a wagering and betting licence or the extension of a wagering and betting licence paid under section 4.3A.13 must be paid out of the Consolidated Fund (which is appropriated to the necessary extent), at the time or times determined by the Treasurer, into the Hospitals and Charities Fund. 4.6.9 Unclaimed refunds, dividends and prizes S. 4.6.9(1) repealed by No. 28/2022 s. 94(a). S. 4.6.9(1A) inserted by No. 40/2008 s. 13(2), amended by Nos 28/2022 s. 133, 13/2023 s. 68. (1A) On or before the last day of each month (the ***payment month***), a wagering and betting licensee must pay to the Treasurer an amount equal to the sum of all refunds, dividends and prizes that have remained unclaimed for not less than 12 months on the first day of that payment month less the expenses of the licensee reasonably incurred in searching for the persons entitled to those refunds, dividends or prizes. S. 4.6.9(2) amended by Nos 40/2008 s. 13(3), 28/2022 s. 94(b). (2) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (1A), the Treasurer, on being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose. Ch. 4 Pt 6A (Headings and ss 4.6A.1–4.6A.28) inserted by No. 47/2018 s. 5, amended by Nos 46/2019 ss 11–13, 47/2020 ss 31–35, 21/2021 ss 3, 4, revoked by No. 14/2023 s. 68. Part 7—Offences S. 4.7.1AA (Heading) substituted by No. 56/2014 s. 49(1). 4.7.1AA Definition S. 4.7.1AA inserted by No. 25/2009 s. 48. S. 4.7.1AA def. of *gambling advertising* amended by No. 56/2014 s. 49(2)(a). ***gambling advertising*** means advertising that gives publicity to, or otherwise promotes or is intended to promote, participation in wagering or sports betting. S. 4.7.1AA def. of *wagering service provider* repealed by No. 56/2014 s. 49(2)(b). S. 4.7.1 amended by No. 40/2008 s. 14(1)(2), repealed by No. 71/2008 s. 29(c), new s. 4.7.1 inserted by No. 9/2018 s. 18. 4.7.1 Offence to display betting advertising in certain locations (1) A wagering service provider must not display, or cause to be displayed, any gambling advertising that is static betting advertising— (a) on public transport infrastructure; or (b) within 150 metres of the perimeter of a school; or (c) on or above a public road, road infrastructure or road reserve. ***public road*** has the same meaning as it has in the **Road Management Act 2004**; ***public transport infrastructure*** includes— (a) fixed or non-movable infrastructure, such as train stations, bus shelters, tram stops, ferry terminals and "park and ride" facilities; and (b) movable infrastructure for transport predominantly operated within Victoria, such as trams, trains, buses, ferries, airport shuttles, bike share infrastructure, taxis, V-Line trains and coaches; ***road infrastructure*** has the same meaning as it has in the **Road Management Act 2004**; ***road reserve*** has the same meaning as it has in the **Road Management Act 2004**; ***school*** has the same meaning as it has in the **Education and Training Reform Act 2006**; ***static betting advertising*** includes but is not limited to— (a) static advertising displays, including but not limited to billboards, banners, hoardings, signs, images or rolling static displays; and (b) digital billboards and panels, including those that display moving or video images; and (c) moveable billboards and displays— but does not include advertising using the following— (d) broadcast television, radio or digital media such as websites or social media; (e) commercial print media such as magazines and newspapers. (3) No compensation is payable by the Crown in respect of any loss, damage or injury of any kind suffered by a person as a result of this section. S. 4.7.1A inserted by No. 9/2018 s. 18. 4.7.1A Exemptions A wagering service provider does not commit an offence against section 4.7.1 if the wagering service provider displays, or causes to be displayed— (a) the logo or name of a wagering service provider on a building occupied by the wagering service provider; or (b) gambling advertising— (i) that is only visible inside a shop that stocks the wagering service provider's products or provides services on behalf of the wagering service provider; or (ii) inside or on any place where terrestrial wagering and betting is permitted; or (iii) at a sporting ground; or (iv) at a race course; (c) gambling advertising on a vehicle that is on a public road. 4.7.2 Offences relating to totalisators and approved betting competitions S. 4.7.2(1) amended by Nos 40/2008 s. 14(3)(a), 28/2022 s. 95(a), x/2023 s. 69. (1) A person (not being a person lawfully conducting or employed in the wagering business conducted by a wagering and betting licensee, a wagering and betting operator or a permit holder) must not— (a) sell or offer for sale any ticket in a totalisator or approved betting competition; or (b) make or offer to make any contract or bargain to pay or receive a sum of money calculated at a rate determined or to be determined by the result of the operation of a totalisator on any event; or (c) receive from any other person any money for the purpose of placing, investing or depositing it or any part of it in any totalisator for fee, commission, reward, share or interest of any kind whatever or upon any understanding or agreement whether expressed or implied for such fee, commission, reward, share or interest. 1. 60 penalty units and an amount not exceeding the amount received by the person for investment in the totalisator or approved betting competition. S. 4.7.2(2) amended by No. 73/2008 s. 24(1). (2) Subsection (1)(b) does not apply to a bookmaker or a bookmaker's key employee who— S. 4.7.2(2)(a) amended by No. 73/2008 s. 24(2). (a) is registered under Part 5A of this Chapter; and S. 4.7.2(2)(b) amended by No. 23/2025 s. 74(Sch. 1 item 2.25). (b) is carrying on business or is engaged in employment (as the case may be) at a race meeting authorised under that Act; and (c) complies with any conditions imposed by the Minister after consultation with Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria (as the case may be) and the Victorian Bookmakers' Association. (3) A person must not purchase a ticket in a totalisator or approved betting competition from a person not authorised to sell it. S. 4.7.2(4) amended by Nos 40/2008 s. 14(3)(b)(i)(ii), 28/2022 s. 95(b)(i), x/2023 s. 69. (4) A person having the management or control of or employed by or acting in any capacity for a wagering and betting licensee, a wagering and betting operator or a permit holder in the wagering or approved betting competition business conducted by the wagering and betting licensee, wagering and betting operator or permit holder must not— (a) accept from any person any bet which is prohibited by or does not conform to this Act or the regulations or the betting rules; or (b) receive or permit to be received any bet in a totalisator in respect of an event after the start of the event; or (c) receive or permit to be received any bet in an approved betting competition after the start of the competition or such later times as is specified in the betting rules applicable to that competition; or S. 4.7.2(4)(d) amended by Nos 40/2008 s. 14(3)(b)(iii), 28/2022 s. 95(b)(ii). (d) accept or act on any request, instructions or directions relating to any bet on a totalisator transmitted by letter, telephone, fax, e-mail or any other means of communication unless the person wanting to make the bet has established a betting account with the wagering and betting licensee or the wagering and betting operator in accordance with the betting rules and the balance of the account is sufficient to pay the amount of the bet and the bet is charged against that account. S. 4.7.2(5) amended by No. 104/2004 s. 39(5)(n). (5) A person must not employ, or cause to be employed, another person to service, maintain or repair an instrument, contrivance, hardware, software or equipment referred to in section 4.2.3(1) unless the second-mentioned person holds a gaming industry employee's licence. 1. 250 penalty units. S. 4.7.3 substituted by No. 40/2008 s. 15. 4.7.3 Tickets purportedly issued by licensee S. 4.7.3(1) amended by No. 28/2022 s. 96(a), substituted by No. 13/2023 s. 70(1). (1) A person who is not— (a) lawfully managing or controlling or being employed by a wagering and betting licensee, a wagering and betting operator or a permit holder; or (b) an agent of a wagering and betting licensee, a wagering and betting operator or a permit holder— must not sell or offer to sell any ticket or acknowledgement purporting to be issued by a wagering and betting licensee, wagering and betting operator or permit holder in respect of a bet. S. 4.7.3(2) amended by Nos 28/2022 s. 96(b), 13/2023 s. 70(2). (2) A person must not purchase a ticket or acknowledgment purporting to be issued by a wagering and betting licensee, a wagering and betting operator or a permit holder in respect of a bet from any person not authorised to sell it. S. 4.7.4 amended by Nos 40/2008 s. 16(1)(a), 28/2022 s. 97, 13/2023 s. 71. 4.7.4 Offence related to payment of dividends or prizes An officer, employee or agent of a wagering and betting licensee, of a wagering and betting operator or of a permit holder must not make, authorise or permit the payment to any person of a dividend or prize which is not calculated in accordance with the betting rules or the regulations. 4.7.5 Inducements, cheating etc. (1) A person (***the cheat***) must not dishonestly, by a scheme or practice, in relation to the conduct of wagering or approved betting competitions, induce a relevant person to deliver, give or credit to the cheat or any other person, any money, tickets, benefit, advantage, valuable consideration or security. (2) A relevant person must not dishonestly, by a scheme or practice, in relation to the conduct of wagering or approved betting competitions, induce a person to deliver, give or credit to the relevant person or any other person, any money, tickets, benefit, advantage, valuable consideration or security. S. 4.7.5(3) def. of *relevant person* substituted by Nos 40/2008 s. 16(1)(b), 28/2022 s. 98, amended by No. 13/2023 s. 72. (a) a wagering and betting licensee, a wagering and betting operator or a permit holder; or (b) an associate of a wagering and betting licensee, a wagering and betting operator or a permit holder; or (c) a person acting on behalf of a wagering and betting licensee, a wagering and betting operator or a permit holder. S. 4.7.6 amended by Nos 40/2008 s. 16(1)(c), 28/2022 s. 99(a), 13/2023 s. 73. 4.7.6 Offence to extend credit etc. A wagering and betting licensee or a permit holder or an agent or employee of a wagering and betting licensee or permit holder, must not— (a) accept a bet made otherwise than by means of money or by debiting the amount of the bet from a betting account with a balance sufficient to cover the amount of the bet; or S. 4.7.6(b) amended by No. 28/2022 s. 99(b). (b) lend money or any valuable thing in connection with wagering; or (c) accept a bet as part of a transaction involving a credit card; or (d) extend any other form of credit. S. 4.7.7 inserted by No. 72/2007 s. 23, amended by Nos 28/2022 s. 141, 13/2023 s. 74. 4.7.7 Gambling by intoxicated persons prohibited A wagering and betting licensee or wagering and betting operator must not knowingly accept a bet from a person who is in a state of intoxication. 1. 40 penalty units. Intoxication is defined in section 1.3A. S. 4.7.8 inserted by No. 25/2009 s. 49. 4.7.8 Appropriate advertising standards required A wagering service provider must not publish or disseminate, or cause to be published or disseminated, any gambling advertising, in any form or by any method of communication, that— (a) encourages a breach of this Act; or (b) depicts children wagering or involved in any other form of gambling; or (c) suggests that winning will be a definite outcome of participating in wagering or sports betting activities; or (d) suggests that participation in wagering or sports betting activities is likely to improve a person's financial prospects; or (e) promotes the consumption of alcohol while engaged in wagering or sports betting activities; or (f) is offensive. S. 4.7.9 inserted by No. 25/2009 s. 49. 4.7.9 Prescribed statement to be included in advertisements A wagering service provider must not publish or disseminate, or cause to be published or disseminated, in the course of business any gambling advertising in any form or by any method of communication unless the advertisement contains a prescribed statement (if any) in relation to problem gambling. S. 4.7.10 inserted by No. 25/2009 s. 49. 4.7.10 Offence to offer inducement to open betting account A wagering service provider must not offer any credit, voucher or reward as an inducement to open a betting account. Part 8—Compliance requirements Division 1—Banking, accounting and auditing S. 4.8.1 amended by Nos 40/2008 s. 16(1)(d), 28/2022 s. 100, 13/2023 s. 75. 4.8.1 Application of Division Nothing in this Division applies to a transaction, accounting record, account, balance sheet, document, book or financial statement which does not form, or record, part of the business of a wagering and betting licensee or permit holder carried on by a person in accordance with this Chapter. 4.8.2 Banking S. 4.8.2(1) amended by No. 64/2014 s. 39(3)(a), repealed by No. 28/2022 s. 101(a). S. 4.8.2(1A) inserted by No. 40/2008 s. 16(2), amended by No. 13/2023 s. 76. (1A) A wagering and betting licensee must— S. 4.8.2(1A)(a) amended by No. 64/2014 s. 39(3)(a)(i). (a) keep and maintain separate accounts— (i) for amounts invested in wagering; (ii) for amounts invested in approved betting competitions— as approved by the Commission, at an ADI or ADIs in the State for use for all banking transactions arising under this Chapter in relation to the wagering and betting licensee; and S. 4.8.2(1A)(b) amended by No. 64/2014 s. 39(3)(a)(ii). (b) from time to time provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the ADI referred to in paragraph (a) authorising the ADI to comply with any requirements of an inspector exercising the powers conferred by this section. S. 4.8.2(1B) inserted by No. 32/2012 s. 14. (1B) An account referred to in subsection (1A)(a)(i) or (ii) may, in addition to the amounts referred to in that subsection, contain any other amounts approved by the Commission. (2) The holder of a permit must— S. 4.8.2(2)(a) amended by No. 64/2014 s. 39(3)(b). (a) keep and maintain an account for amounts invested in wagering as approved by the Commission, at an ADI in the State for use for all banking transactions arising under this Chapter in relation to the permit holder; and S. 4.8.2(2)(b) amended by No. 64/2014 s. 39(3)(b). (b) from time to time provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the ADI authorising the ADI to comply with any requirements of an inspector exercising the powers conferred by this section. S. 4.8.2(3) amended by Nos 64/2014 s. 39(3)(b), 28/2022 s. 101(b). (3) An inspector, by notice in writing, may require the manager or other principal officer of an ADI referred to in subsection (1A) or (2) to provide the inspector with a statement of an account referred to in that section and such other particulars relating to the account as may be specified in the notice. (4) A person to whom a notice is given under subsection (3) must comply with the notice. (5) An inspector may not exercise the powers conferred by this section without the prior written approval of the Commission. 4.8.3 Accounts S. 4.8.3(1) repealed by No. 28/2022 s. 102(a). S. 4.8.3(1A) inserted by No. 40/2008 s. 16(3), amended by No. 13/2023 s. 77. (1A) A wagering and betting licensee must keep such accounting records as correctly record and explain the transactions and financial position of the operations of the licensee. (2) The holder of a permit must keep such accounting records as correctly record and explain the transactions and financial position of the operations of the permit holder. (3) The accounting records must be kept in such manner as will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited. S. 4.8.3(4) amended by Nos 40/2008 s. 16(4), 28/2022 s. 102(b), 13/2023 s. 77. (4) A wagering and betting licensee and a permit holder must, as soon as practicable after the end of each financial year, prepare financial statements and accounts, including— (a) cash flow statements for the financial year; and (b) profit and loss accounts for the financial year; and (c) a balance-sheet as at the end of the financial year— that give a true and fair view of the financial operations of the licensee or the permit holder, as the case may be. 4.8.4 Books etc. to be kept on the premises S. 4.8.4(1) repealed by No. 28/2022 s. 103(a). S. 4.8.4(1A) inserted by No. 40/2008 s. 16(5), amended by No. 13/2023 s. 78(a). (1A) A wagering and betting licensee must must ensure that all documents relating to the operations of the licensee under this Chapter are— S. 4.8.4(1A)(a) amended by No. 13/2023 s. 78(a)(ii). (a) kept at the principal place of business in Victoria of the licensee or at such other place as the Commission approves in writing; and (2) The holder of a permit must ensure that all documents relating to the operations of the holder under the permit are— (a) kept at the principal place of business in Victoria of the permit holder or at such other place as the Commission approves in writing; and S. 4.8.4(3) amended by Nos 40/2008 s. 16(6), 28/2022 s. 103(b), 13/2023 s. 78(b). (3) The Commission may by instrument in writing grant an exemption to a wagering and betting licensee or permit holder from all or specified requirements of this section in respect of all or specified, or specified classes of, documents and may grant the exemption subject to conditions. S. 4.8.5 (Heading) amended by No. 40/2008 s. 16(7). 4.8.5 Audit of books, accounts and financial statements S. 4.8.5(1) amended by No. 40/2008 s. 16(8), repealed by No. 28/2022 s. 104(a). S. 4.8.5(1A) inserted by No. 40/2008 s. 16(9), amended by No. 13/2023 s. 79(a). (1A) A wagering and betting licensee must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the licensee to be audited by an auditor approved by the Commission. (2) The holder of a permit must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the permit holder to be audited by an auditor approved by the Commission. (3) The auditor— S. 4.8.5(3)(a) amended by Nos 40/2008 s. 16(10), 28/2022 s. 104(b). (a) has right of access at all times to the books of the wagering and betting licensee or permit holder; and S. 4.8.5(3)(b) amended by Nos 40/2008 s. 16(10), 28/2022 s. 104(b). (b) may require from an officer or employee of the wagering and betting licensee or permit holder any information, assistance and explanations necessary for the performance of the duties of the auditor in relation to the audit. S. 4.8.5(3A) inserted by No. 40/2008 s. 16(11), amended by Nos 28/2022 s. 104(b), 13/2023 s. 79(b). (3A) An officer or employee of a wagering and betting licensee or permit holder must comply with a requirement under subsection (3)(b). S. 4.8.5(4) amended by Nos 40/2008 s. 16(12)(13), 28/2022 s. 104(b), 13/2023 s. 79(c). (4) A wagering and betting licensee or permit holder must cause the auditor's report to be lodged with the Commission within 75 days (or any longer period not exceeding 4 months agreed by the Commission) after the end of the financial year to which the report relates. S. 4.8.5(5) amended by No. 40/2008 s. 16(14), repealed by No. 28/2022 s. 104(c). Division 2—Reporting 4.8.6 Submission of reports S. 4.8.6(1) repealed by No. 28/2022 s. 105(a). S. 4.8.6(1A) inserted by No. 40/2008 s. 16(15), amended by No. 13/2023 s. 80. (1A) A wagering and betting licensee must submit to the Commission reports relating to its operations under this Chapter. (2) The holder of a permit must submit to the Commission reports relating to its operations under this Chapter. (3) The reports must include reports on agreements and arrangements enabling or facilitating the making of bets on totalisators conducted in Victoria by persons outside Victoria. S. 4.8.6(4) amended by Nos 40/2008 s. 16(16), 28/2022 s. 105(b). (4) The reports are to be submitted at the times, and are to contain the information, that is specified by notice in writing given to the wagering and betting licensee or the permit holder, as the case may be, by the Commission from time to time. Ch. 4 Pt 8A (Heading and ss 4.8A.1–4.8A.6) inserted by No. 20/2018 s. 67. Part 8A—Harm minimisation directions—wagering service providers S. 4.8A.1 inserted by No. 20/2018 s. 67. 4.8A.1 Definitions ***harm minimisation direction*** means a direction made or varied under section 4.8A.2; ***harm minimisation requirement*** means a matter under section 4.8A.3 that may be specified in a harm minimisation direction. S. 4.8A.2 inserted by No. 20/2018 s. 67. 4.8A.2 Harm minimisation direction (1) The Minister may direct a wagering service provider to meet a specified harm minimisation requirement by notice published in the Government Gazette. (2) The Minister must not give a direction under subsection (1) unless the Minister is satisfied it is in the public interest to do so. (3) The Minister may vary or revoke a direction by notice published in the Government Gazette. (4) A direction under subsection (1) including a variation or revocation of the direction, applies on and from the publication of the notice in the Government Gazette or on any later date specified in the direction. (5) A direction remains in force until it is revoked by the Minister. S. 4.8A.3 inserted by No. 20/2018 s. 67. 4.8A.3 Harm minimisation requirement matters (1) A harm minimisation direction may specify all or any of the following matters in relation to a wagering service provider— (a) any matter that the wagering service provider must comply with in relation to the minimisation of harm or consumer protection; (b) how the wagering service provider must comply with any matter in relation to the minimisation of harm or consumer protection; (c) that the wagering service provider must comply with the whole or part of the requirements set out in a prescribed document; (d) how the wagering service provider must meet any of the requirements set out in a prescribed document. (2) A harm minimisation direction may— (a) apply generally or be of limited application; or (b) apply differently according to differences in time, place or circumstance. S. 4.8A.4 inserted by No. 20/2018 s. 67. 4.8A.4 Tabling and disallowance (1) The Minister must ensure that a harm minimisation direction or a variation or a revocation of a harm minimisation direction is tabled in each House of the Parliament on or before the sixth sitting day after— (a) the date on which the notice of the harm minimisation direction is published in the Government Gazette under section 4.8A.2(4); or (b) the date on which notice of the variation or revocation is published in the Government Gazette under section 4.8A.2(4). (2) A harm minimisation direction or a variation or a revocation of a harm minimisation direction may be disallowed by the Parliament. (3) If a harm minimisation direction or a variation or a revocation of a direction is disallowed by the Parliament, no direction, variation or revocation of a direction which is the same in substance as the disallowed direction, variation or revocation of a direction may be made within 6 months after the date of the disallowance unless it is made with the approval of the Parliament. (4) Any harm minimisation direction or a variation or a revocation of a direction made in contravention of subsection (3) is void and of no effect. S. 4.8A.5 inserted by No. 20/2018 s. 67. 4.8A.5 Act prevails over harm minimisation direction A harm minimisation direction is of no effect to the extent that it is inconsistent with this Act. S. 4.8A.6 inserted by No. 20/2018 s. 67. 4.8A.6 Offence to not comply with a harm minimisation direction A wagering service provider must comply with a harm minimisation direction that applies to the wagering service provider. Ch. 4 Pt 9 (Heading and s. 4.9.1) inserted by No. 58/2009 s. 82. Part 9—Other matters S. 4.9.1 (Heading) amended by No. 21/2012 s. 239(Sch. 6 item 19.7). S. 4.9.1 inserted by No. 58/2009 s. 82. 4.9.1 Competition and Consumer Act and Competition Code S. 4.9.1(1) amended by No. 21/2012 s. 239(Sch. 6 item 19.8). (1) For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following things are authorised by this Act— S. 4.9.1(1)(a) amended by No. 13/2023 s. 81. (a) the grant of a wagering and betting licence or a temporary wagering and betting licence; S. 4.9.1(1)(b) amended by Nos 28/2022 s. 106(a), 13/2023 s. 81. (b) conduct authorised or required by or under the conditions of a wagering and betting licence or a temporary wagering and betting licence; S. 4.9.1(1)(c) amended by Nos 56/2010 s. 40(1), 28/2022 s. 106(b). (c) entering into an arrangement referred to in section 4.3A.7, 4.3A.10, 4.3A.10AA, 4.3A.31(2) or 4.3A.34AA; S. 4.9.1(1)(d) amended by Nos 56/2010 s. 40(1), 28/2022 s. 106(b). (d) amending an arrangement referred to in section 4.3A.7, 4.3A.10, 4.3A.10AA, 4.3A.31(2) or 4.3A.34AA; S. 4.9.1(1)(e) amended by Nos 56/2010 s. 40(1), 28/2022 s. 106(b). (e) giving effect to an arrangement referred to in section 4.3A.7, 4.3A.10, 4.3A.10AA, 4.3A.31(2) or 4.3A.34AA (whether amended or not). S. 4.9.1(1A) inserted by No. 56/2010 s. 40(2), amended by No. 21/2012 s. 239(Sch. 6 item 19.9). (1A) For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following things are authorised by this Act— (a) specified persons acting collectively or in combination with others in, or with respect to, the negotiation of, or giving effect to— (i) an arrangement referred to in subsection (1)(c) (whether amended or not); or (ii) an amendment to an arrangement referred to in subsection (1)(d); (b) the giving of consent under section 4.3A.34C. S. 4.9.1(1B) inserted by No. 56/2010 s. 40(2). (1B) Subsection (1A) applies to the things stated in that subsection whether those things happened before or happen on or after the commencement of that subsection. ***arrangement*** includes agreement and understanding; S. 4.9.1(2) def. of *giving effect to* amended by Nos 56/2010 s. 40(3)(a), 60/2011 s. 43(2). ***giving effect to***, in relation to an arrangement, includes— (a) complying with any obligation under the arrangement; and (b) exercising or enforcing any right or power under the arrangement; S. 4.9.1(2) def. of *specified persons* inserted by No. 56/2010 s. 40(3)(b). ***specified persons*** means— (a) Racing Victoria; and (b) Harness Racing Victoria; and (c) Greyhound Racing Victoria; and (d) any other licensed racing club. Chapter 5—Lotteries 5.1.1 Purposes The main purposes of this Chapter are— (a) to provide for the lawful conduct of public lotteries, including football pools and competitions; and (b) to generate additional funds for grass roots sports, health, women's sports and sports medicine through the licensing of AFL footy tipping competitions; and (c) to provide for the lawful conduct of trade promotion lotteries. 5.1.2 Definitions ***amount paid*** does not include an amount determined in accordance with the licence conditions that is paid by way of commission paid or payable to an agent of the licensee (but not including any amount in respect of GST payable on the supply in respect of which the commission was paid or is payable); ***appointed subsidiary*** means a company appointed by a public lottery licensee under section 5.3.14 to conduct public lotteries under the public lottery licence; ***corresponding law***, in relation to a participating jurisdiction, means a law of the participating jurisdiction declared under section 5.4.7(1)(b) to be a corresponding law; ***licence conditions*** means the conditions imposed on a public lottery licence under section 5.3.7; ***lottery rules*** means rules made under section 5.2.2 for a public lottery; ***participating jurisdiction*** means a State, Territory or country declared under section 5.4.7(1)(a) to be a participating jurisdiction; ***player*** means a person who enters a public lottery; S. 5.1(2) def. of *public lottery* substituted by No. 22/2005 s. 6(1). ***public lottery*** means— (a) a lottery; or (b) an AFL footy tipping competition; or (c) a soccer football pool. 5.1.3 Application of Chapter Nothing in this Chapter applies to a raffle, lottery or other activity authorised by or under Chapter 8. Part 2—Public lotteries Division 1—Legality of public lotteries 5.2.1 Public lotteries declared lawful The conduct of a public lottery in accordance with this Chapter by a licensee or an appointed subsidiary of a licensee is lawful and is not a public nuisance. S. 5.2.1A inserted by No. 22/2005 s. 7. 5.2.1A Approval of computer system etc. (1) A public lottery licensee or an appointed subsidiary must not use, or cause or permit to be used— (a) any instrument or contrivance; or (b) any computer hardware or software; or (c) any other equipment— in connection with a public lottery unless the instrument, contrivance, hardware, software or other equipment has been approved by the Commission. (2) A public lottery licensee or an appointed subsidiary must not make, or cause or permit to be made, any change in any instrument, contrivance, hardware, software or other equipment approved by the Commission under subsection (1) unless the change has been approved by the Commission. S. 5.2.1A(3) substituted by No. 58/2009 s. 83. (3) In approving an instrument, contrivance, hardware, software or other equipment under this section, the Commission— (b) may have regard to the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c). (4) The Commission may make an approval under this section subject to any conditions that it thinks fit. (5) The Commission may, for just and reasonable cause, withdraw an approval given under this section by instrument given to the public lottery licensee or the appointed subsidiary, as the case requires. Division 2—Public lottery rules 5.2.2 Lottery rules (1) A public lottery licensee must make rules, not inconsistent with this Act, the regulations or the licence conditions, for or with respect to the conduct of each public lottery authorised by the public lottery licence. (2) A public lottery licensee or an appointed subsidiary must not conduct a public lottery unless— (a) lottery rules for the public lottery are in force; and (b) the public lottery is conducted in accordance with those rules. (3) Without limiting subsection (1), lottery rules may make provision for any of the following matters— (a) the handling of applications to enter a public lottery; (b) the recording of entries in a public lottery; (c) the determination of the entitlement (if any) of a player to a prize in a public lottery; (d) the payment of prizes in, or the refund of money paid to enter, a public lottery. (4) As soon as practicable after making lottery rules, a public lottery licensee must give a copy of them to the Commission. (5) Lottery rules for a public lottery, as in force when an entry to the public lottery is accepted, form part of the contract between the licensee and the player. 5.2.3 When do lottery rules come into force? (1) Lottery rules come into force on the day specified in them, which must be— (a) at least 4 weeks after the day on which they are made; or (b) an earlier day approved by the Commission (not being a day before the rules are made). (2) An approval under subsection (1)(b) must be in writing. (3) Despite subsection (1), lottery rules cannot come into force before notice of making them is published in accordance with section 5.2.4. 5.2.4 Publication and inspection of lottery rules (1) A public lottery licensee must publish notice of the making of lottery rules in the Government Gazette and in a newspaper circulating generally in Victoria. (2) A public lottery licensee or other person who accepts entries in a public lottery must— (a) make available a complete copy of the lottery rules for the public lottery for inspection by any person free of charge on request; and (b) at each place or point at which those entries are accepted, display a notice stating that the lottery rules are available for inspection. (3) A notice under subsection (2)(b) must be in the form approved by the Commission. 5.2.5 Disallowance of lottery rules (1) The Commission may disallow lottery rules in whole or part at any time by giving written notice to the public lottery licensee, if— (a) the Commission is satisfied that the rules are— (i) unfair to players; or (ii) unreasonable; or (iii) contrary to the public interest; or (b) the Minister has requested the Commission to disallow the rules under subsection (3). (2) The Commission may refer lottery rules to the Minister if the Commission considers that the Minister ought to consider whether the rules should be disallowed. (3) The Minister may request the Commission to disallow lottery rules (whether or not they were referred to the Minister under subsection (2)), if the Minister considers that the lottery rules— (a) are not in the public interest; or (b) would result in the public lottery being of a different character from the public lottery authorised to be conducted by the licence. (4) In deciding whether to request disallowance, the Minister may take into account, among other things, the amount of the premium payment for the licence. (5) The disallowance of lottery rules takes effect on the day specified in the notice of disallowance, being a day that is at least 3 days after the notice is given to the licensee. (6) If, before lottery rules are made, the Commission consents in writing to the making of the rules in the form in which they are made, the Commission must not disallow the rules or any part of them within the period of 6 months after they are made, unless the Minister requests disallowance under subsection (3). S. 5.2.5(7) amended by No. 58/2011 s. 91(1). Division 3—Conduct of public lotteries S. 5.2.6 amended by No. 60/2011 s. 37 (ILA s. 39B(1)). 5.2.6 Supervision of public lottery draws by Commission's representative (1) A public lottery licensee or other person must not determine a public lottery by draw unless a person nominated by the Commission supervises the draw. S. 5.2.6(2) inserted by No. 60/2011 s. 37. (2) Despite subsection (1), a public lottery licensee or other person may determine a public lottery by draw without the supervision of a person nominated by the Commission if the draw— (a) is determined by a random number generator; and (b) is conducted in accordance with procedures approved by the Commission. S. 5.2.6(3) inserted by No. 60/2011 s. 37. (3) The Commission may approve procedures for the conduct of a public lottery to be determined by a random number generator. S. 5.2.6(4) inserted by No. 60/2011 s. 37. (4) In this section, ***random number generator*** means an instrument, contrivance, hardware, software or other equipment approved by the Commission under section 5.2.1A that is designed to be used to select random numbers and— (a) is used by a public lottery licensee to determine the results of a draw of a public lottery; and (b) is not used by a public lottery licensee to draw numbered balls or other things; and (c) is not an electronic device that enables a public lottery to be determined in connection with an external event. 5.2.7 Licensee to record entries (1) A public lottery licensee must ensure that an accurate record is made (whether by the issue of a ticket or otherwise) of each entry in a public lottery conducted under the licensee's licence. (2) The record must include— (a) an identifying number, or other form of identification, of the entry; and (b) the amount paid to enter the lottery; and (c) the amount (if any) of commission paid or payable to an agent of the licensee in respect of the entry, determined in accordance with the licence conditions. (3) The licensee must ensure that the record of entry, or a copy of it, is given or made available to the player on request. S. 5.2.8 substituted by No. 54/2006 s. 4, repealed by No. 71/2008 s. 29(c). 5.2.9 Licensee not to act as credit provider A public lottery licensee must not provide credit to a player. 1. For a first offence, 240 penalty units. For a second or subsequent offence, 240 penalty units or imprisonment for 2 years, or both. 5.2.10 Non-monetary prizes (1) If a public lottery licensee offers a non-monetary prize in a public lottery the licensee must also offer a monetary prize of equivalent value as an alternative to the non-monetary prize. (2) In determining whether a monetary prize is of equivalent value to a non-monetary prize, any amount in respect of GST payable in respect of the supply to which the prize relates is to be taken into account. 5.2.11 Prohibition of certain schemes (1) A person, or two or more persons together, must not conduct or promote a scheme or part of a scheme— (a) under which a guarantee or promise is given to a person participating in the scheme to the effect that the person will win a prize or share of a prize in a public lottery; or (b) in respect of which the person knows, or ought reasonably to know, or represents, that the probability of participants in the scheme collectively or separately winning a prize or share of a prize in a public lottery is greater than the highest probability of winning a prize or share of a prize in that public lottery under any scheme conducted by the licensee in relation to that public lottery. (2) A prize is not payable in respect of an entry in a public lottery if the entry was accepted or obtained under, or used in connection with, a scheme or part of a scheme— (a) of a kind referred to in subsection (1); and (b) conducted by a person other than a licensee or an appointed subsidiary of a licensee. (3) If a prize has been paid in respect of an entry in a public lottery, the entitlement to the prize must not be questioned on the ground that it was not payable by reason of subsection (2). ***scheme*** includes plan, contract, arrangement, agreement or undertaking. 5.2.12 Publicity concerning prizewinners (1) A public lottery licensee or an appointed subsidiary must not publish, or cause to be published, the identity of a person who claims a prize in a public lottery if the person has requested anonymity. (2) A player may request anonymity— (a) in the manner set out in the licence conditions or the lottery rules; or (b) in the prescribed manner. (3) A person may at any time revoke a request for anonymity. (4) This section does not prevent a public lottery licensee or an appointed subsidiary from publishing, or causing to be published, the venue or geographic location at which a prizewinning entry was made and the amount of a prize won. Part 3—Public lottery licences Ch. 5 Pt 3 Div. 1AA (Heading and s. 5.3.1AA) inserted by No. 60/2011 s. 58. S. 5.3.1AA inserted by No. 60/2011 s. 58. 5.3.1AA Definitions ***applicant*** means an applicant for a public lottery licence; ***contact*** includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means; S. 5.3.1AA def. of *government representative*amended by No. 23/2025 s. 74(Sch. 1 item 2.26). (f) a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with the Secretary's obligations under this Part or Division 1 of Part 4 of Chapter 10; S. 5.3.1AA def. of *interested person* substituted by No. 23/2025 s. 19(b). (d) a public lottery licensee; or S. 5.3.1AA def. of *licence awarding process* substituted by No. 23/2025 s. 19(c). (a) the Minister's decision to invite a person to apply for a public lottery licence; (b) the Minister's determination whether to grant or refuse an application for a public lottery licence; (c) the preparation or making of a recommendation or report, or any other thing that may be or is required to be done under this Act, for the purpose of the Minister making a decision or determination referred to in paragraph (a) or (b); (a) in relation to a licence awarding process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process; (b) in relation to a request to amend a public lottery licence under section 5.3.16, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to a public lottery licence; S. 5.3.1AA def. of *pending applicant* inserted by No. 23/2025 s. 19(a). ***pending applicant*** means a person the Minister has invited to apply for a public lottery licence but that has not applied for that licence under section 5.3.3; S. 5.3.1AA def. of *possible invitee* inserted by No. 23/2025 s. 19(a). ***possible invitee*** means a person the Minister is considering inviting to apply for a public lottery licence. S. 5.3.1AA def. of *registrant* repealed by No. 23/2025 s. 19(d). Division 1—Number and type of public lottery licences 5.3.1 Minister determines number and type of public lottery licences The Minister is to determine from time to time— (a) the number of public lottery licences that may be issued; and (b) the public lotteries those licences may authorise to be conducted. 5.3.2 Which public lotteries can be licensed? (1) The Minister may issue a public lottery licence for the conduct of any one or more public lotteries except as provided by this section. (2) The Minister cannot issue a licence to conduct a public lottery that is or involves— (a) wagering; or (b) gaming on gaming machines; or S. 5.3.2(2)(c) amended by No. 1/2021 s. 30. (c) a keno game; or S. 5.3.2(2)(d) amended by No. 54/2006 s. 5. (d) a game, other than keno, approved under section 60 of the **Casino Control Act 1991** to be played in a casino. S. 5.3.2(3) amended by No. 23/2025 s. 74(Sch. 1 item 2.27). (3) The Minister must not issue a licence to conduct a public lottery that, in the Minister's opinion, is offensive or contrary to the public interest. S. 5.3.2A inserted by No. 22/2005 s. 8, amended by No. 56/2010 s. 41, substituted by No. 23/2025 s. 20. 5.3.2A Minister may invite applications (1) The Minister may invite a person that is a body corporate to apply for a public lottery licence. (2) The Minister may take into account any other matter in deciding whether to invite a person to apply for a public lottery licence. S. 5.3.2B inserted by No. 23/2025 s. 20. 5.3.2B Secretary may report on suitability of persons Minister is considering to invite to apply for public lottery licence (1) If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering inviting to apply for a public lottery licence. S. 5.3.2C inserted by No. 23/2025 s. 20. 5.3.2C Consent required for reports and investigation For the purpose of preparing a report under section 5.3.2B or 5.3.4 to give to the Minister and for investigations and inquiries to be carried out under Division 1C or 1D of Part 4 of Chapter 10 for the purpose of preparing a report under section 5.3.2B or 5.3.4, the Secretary must obtain the written consent of— (i) to invite a possible invitee to apply for a public lottery licence; or (ii) a pending applicant or an applicant should be granted a public lottery licence under this Division. S. 5.3.3 amended by Nos 10/2004 s. 15(Sch. 1 item 10.6), 22/2005 s. 9, 72/2007 s. 24, 62/2017 s. 56(5), substituted by No. 23/2025 s. 21. 5.3.3 Application for licence (1) A person who has been invited by the Minister under section 5.3.2A(1) to apply for a public lottery licence— (i) requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for a public lottery licence; and (ii) reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and (b) must be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and (c) must be lodged in accordance with the procedural requirements, if any, specified by the Minister. (3) The Minister may require an applicant to provide any further information to the Minister in connection with the application. (4) The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant. (5) The Minister must refer each licence application to the Secretary for a report under section 5.3.4. (6) If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary. Division 1D of Part 4 of Chapter 10 provides for the investigation of an application for a public lottery licence. S. 5.3.4 amended by Nos 72/2007 s. 25, 62/2017 s. 56(6), substituted by No. 23/2025 s. 21. 5.3.4 Report to Minister by Secretary on applications (a) stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied to grant the licence application have been made out; and (b) stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 5.3.3 have been complied with; and (2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions. S. 5.3.5 substituted by No. 23/2025 s. 21. 5.3.5 Determination of applications (1) The Minister is to determine whether to grant or refuse a licence application after receiving the report of the Secretary under section 5.3.4. (2) The Minister may grant a licence application only if satisfied that the granting of the application is in the public interest, taking into account each of the following matters— (a) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; (b) whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute, having regard to character, honesty and integrity, as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's public lottery business is a suitable person to act in that capacity; (d) whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (f) whether the applicant has financial resources that are adequate to ensure the financial viability of a public lottery business; (g) whether the applicant has the ability to establish and maintain a successful public lottery business; (h) any other matters the Minister considers relevant. (3) In addition to the requirements of subsection (2), the Minister may grant a licence application only if satisfied that the Responsible Gambling Code of Conduct accompanying the application complies with— (a) regulations made for or with respect to Part 4C of Schedule 1; and (4) In determining whether to grant or refuse a licence application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 5.3.4. (5) If the Minister refuses a licence application, the Minister must give written notice to the applicant. S. 5.3.5A inserted by No. 60/2011 s. 59. 5.3.5A Prohibition on improper interference S. 5.3.5A(1) amended by No. 23/2025 s. 22(1). (1) An interested person in relation to a public lottery licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant. S. 5.3.5A(2) substituted by No. 23/2025 s. 22(2). (2) If an interested person improperly interferes with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant, the Minister may refuse to consider, or consider further— (a) whether to invite the possible invitee to apply for a public lottery licence; or (b) an application for a public lottery licence made by the pending applicant or applicant. S. 5.3.5B (Heading) amended by No. 23/2025 s. 23(1). S. 5.3.5B inserted by No. 60/2011 s. 59. 5.3.5B Prohibition on lobbying (1) A lobbyist must not in relation to a licence awarding process carry out a lobbying activity for or on behalf of an interested person. S. 5.3.5B(2) amended by No. 23/2025 s. 23(2). (2) The Minister may refuse to invite a person to apply for a public lottery licence, to consider an application for a public lottery licence or to grant an application for a public lottery licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity. 5.3.6 Issue of licence S. 5.3.6(1) substituted by Nos 54/2006 s. 6, 23/2025 s. 24(1). (1) If the Minister grants a licence application, the Minister must issue a public lottery licence to the applicant. S. 5.3.6(1A) inserted by No. 54/2006 s. 6, repealed by No. 23/2025 s. 24(2). (2) A public lottery licence must specify the public lottery authorised to be conducted by the licence. S. 5.3.6(3) inserted by No. 23/2025 s. 24(3). (3) A public lottery licence cannot be issued under this section that has effect, otherwise than as provided by section 5.3.8A, at any time while a public lottery licence in effect immediately before the commencement of section 24 of the **Gambling Legislation Amendment Act 2025** remains in effect. S. 5.3.6A inserted by No. 23/2025 s. 25. 5.3.6A Public lottery licence not personal property For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a public lottery licence is declared not to be personal property. S. 5.3.7 amended by No. 23/2025 s. 26(1)(a). 5.3.7 Licence conditions The Minister may impose any conditions the Minister thinks fit on a public lottery licence, including— (a) conditions referred to in any other provision of this Chapter; S. 5.3.7(b) amended by No. 23/2025 s. 26(1)(b). (b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission. S. 5.3.7(c) repealed by No. 23/2025 s. 26(1)(c). Note to s. 5.3.7 inserted by No. 23/2025 s. 26(2). The licence is also subject to the condition specified in section 5.3.7B. S. 5.3.7A inserted by No. 54/2006 s. 7, repealed by No. 23/2025 s. 27. S. 5.3.7B inserted by No. 72/2007 s. 26, amended by No. 62/2017 s. 57(6). 5.3.7B Responsible Gambling Code of Conduct is a condition of licence It is a condition of a public lottery licence that the public lottery licensee implement a Responsible Gambling Code of Conduct that complies with— S. 5.3.7B(a) inserted by No. 62/2017 s. 57(6). S. 5.3.7B(b) inserted by No. 62/2017 s. 57(6). (b) each direction under section 10.6.6(1) that applies in relation to the public lottery licensee. S. 5.3.7C inserted by No. 23/2025 s. 28. 5.3.7C Minister may refuse to issue licence if related agreements not entered into Despite section 5.3.6, the Minister may refuse to issue a public lottery licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence. S. 5.3.7D inserted by No. 23/2025 s. 28. 5.3.7D Related agreements with licensee (1) Subject to this section, the Minister, by written notice, may direct a public lottery licensee to enter into an agreement or class of agreements dealing with matters relating to the licence with— (2) Before giving a direction under subsection (1), the Minister must consult the licensee. (a) must warn the licensee of the Minister's powers under this section; and (c) may specify the kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the kinds of terms that must not be in an agreement or class of agreements to be entered into; and (4) A licensee must comply with a direction under subsection (1). (5) A licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 5.3.7E inserted by No. 23/2025 s. 28. 5.3.7E No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 5.3.7D or entering into an agreement in compliance with a direction under section 5.3.7D. 5.3.8 Duration of licence (1) A public lottery licence— S. 5.3.8(1)(b) amended by No. 22/2005 s. 10, substituted by No. 23/2025 s. 29(a). (b) is valid for the term specified in the licence, unless terminated earlier in accordance with this Chapter or extended under section 5.3.8C. S. 5.3.8(2)–(4) repealed by No. 23/2025 s. 29(b). (5) A licence cannot be renewed, but a person who holds or has held a licence may apply for another public lottery licence. S. 5.3.8A inserted by No. 54/2006 s. 8. 5.3.8A Licence may authorise preparatory action (1) This section applies to a public lottery licence that takes effect at a time specified in the licence that is later than the time of issue of the licence. (2) The public lottery licence may authorise the public lottery licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. S. 5.3.8A(4) amended by No. 23/2025 s. 30(a). (4) Any time specified from which preparatory action may be taken must not be more than 18 months before the time the licence takes effect. Example to s. 5.3.8A(4) repealed by No. 23/2025 s. 30(b). (5) Despite section 5.3.8(1)(a), the public lottery licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). (6) No account is to be had to this section in determining the term of the licence under section 5.3.8(1)(b). The term specified in the licence referred to in the example at the foot of subsection (4) is determined from 1 July 2008 (that is, the day the licence is specified to take effect) even if the licence authorises preparatory action before that day and is taken to be in effect under subsection (5) for that purpose. ***preparatory action*** means anything necessary or convenient to be done for the purpose of conducting a public lottery, other than— (a) drawing the lottery; or (b) having the lottery determined by any other means. S. 5.3.8B inserted by No. 23/2025 s. 31. 5.3.8B Exclusivity period for licence (1) When issuing a public lottery licence, the Minister may specify one or more periods of time as the exclusivity period for the licence. (2) If an exclusivity period is specified for one or more public lottery licences, no new public lottery licence can be issued that has effect, otherwise than as provided by section 5.3.8, at any time during the exclusivity period. S. 5.3.8C inserted by No. 23/2025 s. 31. 5.3.8C Extension of licence (1) If invited by the Minister to do so, a public lottery licensee may apply to the Minister, before the licence expires, for a licence extension. (2) On an application under subsection (1), the Minister may extend the term of the licence for a period determined by the Minister. (3) The term of a public lottery licence may be extended only once. 5.3.9 Premium payment (1) The Minister may require a public lottery licensee to pay, as consideration for the public lottery licence, one or more amounts determined by the Minister as the premium payment. S. 5.3.9(2A) inserted by No. 23/2025 s. 32(1). (2A) If the Minister extends a public lottery licence under section 5.3.8C(2), the Minister may require the licensee to pay, as consideration for the extension of the licence, one or more amounts determined by the Minister as the premium payment for the extension of the licence. (3) The premium payment is a tax. S. 5.3.9(4) inserted by No. 23/2025 s. 32(2). (4) An amount or amounts equal to a premium payment paid under subsection (1) or (2A) must be paid out of the Consolidated Fund (which is appropriated to the necessary extent), at the time or times determined by the Treasurer, into the Hospitals and Charities Fund. S. 5.3.9A inserted by No. 23/2025 s. 33. 5.3.9A Penalty interest for late payment A public lottery licensee must pay to the Commission, for payment into the Consolidated Fund, interest on a premium payment under section 5.3.9(1) or (2A) that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the **Penalty Interest Rates Act 1983**. S. 5.3.9B inserted by No. 23/2025 s. 33. 5.3.9B Recovery of amounts A premium payment under section 5.3.9(1) or (2A) or any interest payable under section 5.3.9A may be recovered in a court of competent jurisdiction as a debt due to the State. S. 5.3.10 repealed by No. 23/2025 s. 34. S. 5.3.11 substituted by No. 54/2006 s. 9. 5.3.11 Publication and tabling S. 5.3.11(1)(a) amended by No. 23/2025 s. 35(1)(a)(i). (i) of the issue of a public lottery licence, as soon as practicable after the licence is issued; and S. 5.3.11 (1)(a)(ii) amended by No. 23/2025 s. 35(1)(a)(ii). (ii) of the making of any agreement referred to in section 5.3.7C, as soon as practicable after the agreement is made; and (b) a copy of a public lottery licence to be— (ii) laid before each House of the Parliament within 7 sitting days of the House after the licence is issued; and S. 5.3.11(1)(c) amended by No. 23/2025 s. 35(1)(b). (c) a copy of any agreement referred to in section 5.3.7C to be— (ii) laid before each House of the Parliament within 7 sitting days of the House after the agreement is made. S. 5.3.11(2) substituted by No. 23/2025 s. 35(2). (a) may exclude information from the licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. S. 5.3.11(3) inserted by No. 23/2025 s. 35(2). (3) Subject to subsection (4), the Commission must cause a copy of a public lottery licence and any agreements referred to in section 5.3.7C to be made available on its website as soon as practicable after notification from the Minister under subsection (2)(b). S. 5.3.11(4) inserted by No. 23/2025 s. 35(2). (4) If the Minister has excluded information from the licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3). S. 5.3.12 repealed by No. 23/2025 s. 36. S. 5.3.13 amended by No. 54/2006 s. 10, repealed by No. 23/2025 s. 36. Ch. 5 Pt 3 Div. 3 (Heading) repealed by No. 23/2025 s. 37(1). Ss 5.3.14, 5.3.15 repealed by No. 23/2025 s. 37(2). S. 5.3.15A inserted by No. 54/2006 s. 11. 5.3.15A Engaging contractors and appointing agents to assist with public lotteries (1) A public lottery licence may authorise the licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of a public lottery authorised by the licence. S. 5.3.15A(2) amended by No. 23/2025 s. 38. (2) For the avoidance of doubt, the engagement of a person or the appointment of an agent by a licensee does not affect any function or obligation of the licensee under a gaming Act, the gaming regulations, the public lottery licence or any related agreement. Ch. 5 Pt 3 Div. 3 (new Heading and ss 5.3.15B–5.3.15G) inserted by No. 23/2025 s. 39. S. 5.3.15B inserted by No. 23/2025 s. 39. 5.3.15B Transfer only under this Division A public lottery licence is not transferable to any other person except in accordance with this Division. S. 5.3.15C inserted by No. 23/2025 s. 39. 5.3.15C Application to transfer licence (1) A public lottery licensee may apply to the Minister to transfer a public lottery licence to another person (the ***transferee***). (3) If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the public lottery licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application. (4) The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application, whether or not the application is granted. (6) The Minister may refer the application to the Commission for a report under section 5.3.15E. S. 5.3.15D inserted by No. 23/2025 s. 39. 5.3.15D Transfer of public lottery licence (1) On application under section 5.3.15C, the Minister may transfer a public lottery licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4), (5) and (6). (2) The Minister must be satisfied that— (a) the transferee is a wholly-owned subsidiary of the public lottery licensee; or (b) the transferee and the public lottery licensee are both wholly‑owned subsidiaries of a third company. (3) The Minister must be satisfied that the transfer of the licence to the transferee is in the public interest, taking into account each of the following matters— (a) whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity; (b) whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute, having regard to character, honesty and integrity, as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's public lottery business is a suitable person to act in that capacity; (d) whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence; (f) whether the transferee has financial resources that are adequate to ensure the financial viability of a public lottery business; (g) whether the transferee has the ability to establish and maintain a successful public lottery business; (h) any other matters the Minister considers relevant. (4) The Minister must be satisfied that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee. (5) The Minister must be satisfied that the transferee has, or when the licence is transferred will have, a Responsible Gambling Code of Conduct that complies with— (a) regulations made for or with respect to Part 4C of Schedule 1; and (6) The Minister must be satisfied that the transferee is capable of meeting the obligations of the public lottery licensee under any agreements referred to in section 5.3.7C. (7) The Minister may refuse to transfer a public lottery licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee. (8) In determining whether to grant or refuse an application to transfer a public lottery licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 5.3.15E. (9) If the Minister transfers a public lottery licence, the transferee becomes the public lottery licensee and assumes all the obligations and liabilities of the public lottery licensee under this Act. S. 5.3.15E inserted by No. 23/2025 s. 39. 5.3.15E Report to Minister by Commission (1) If the Minister has referred to the Commission an application to transfer a public lottery licence, the Commission must give a written report to the Minister on the application— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and (2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a public lottery licence. S. 5.3.15F inserted by No. 23/2025 s. 39. 5.3.15F Related agreements The Minister may refuse to transfer a public lottery licence unless— (a) the public lottery licensee and any other person who is party to an agreement referred to in section 5.3.7C relating to the licence executes any document requested by the Minister in relation to that agreement; and (b) the transferee or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 5.3.7C or any further agreement. S. 5.3.15G inserted by No. 23/2025 s. 39. 5.3.15G Publication and tabling (i) of the transfer of a public lottery licence, as soon as practicable after the licence is transferred; and (ii) of the execution of any document referred to in section 5.3.15F(a) or of the entering into of any agreement referred to in section 5.3.15F(b), as soon as practicable after the document is executed or the agreement is entered into; and (b) a copy of the transfer of a public lottery licence to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and (c) a copy of any document referred to in section 5.3.15F(a) or any agreement referred to in section 5.3.15F(b) to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into. (a) may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a transfer of a public lottery licence and any document referred to in section 5.3.15F(a) or agreement referred to in section 5.3.15F(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3). Division 4—Amending and surrendering licences 5.3.16 Request by licensee for amendment of licence S. 5.3.16(1) amended by No. 54/2006 s. 12(1). (1) A public lottery licensee may request the Minister to amend the public lottery licence. S. 5.3.16(1A) inserted by No. 58/2009 s. 84, amended by No. 23/2025 s. 74(Sch. 1 item 2.28). (1A) The Minister may refuse to consider the request for a licence amendment if, in the Minister's opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 5.3.19. (a) must be in the form, contain the information and be accompanied by the documents, required by the Minister; and (b) must include the reasons for the requested amendment. (3) The Minister may require the licensee to provide any further information to the Minister in connection with the request. (4) If a requirement made by this section is not complied with, the Minister may refuse to consider the request. 5.3.17 Notification of other affected licensees (1) The Minister may require a public lottery licensee who requests a licence amendment to notify in writing the licensee of any other public lottery licence that, in the Minister's opinion, may be adversely affected if the amendment is made. (3) If a requirement made by this section is not complied with, the Minister may refuse to consider the request for amendment. 5.3.18 Objection by other licensees (1) A public lottery licensee who receives notice under section 5.3.17 may lodge a written objection with the Minister. 5.3.19 Amendment of licence S. 5.3.19(1) amended by No. 60/2011 s. 60. (1) Subject to this Part, the Minister must decide whether to make an amendment requested under section 5.3.16, either with or without changes from that originally requested, and must give written notice of the decision to the public lottery licensee and to any public lottery licensee who lodged an objection under section 5.3.18. S. 5.3.19(1A) inserted by No. 58/2009 s. 85(1). (1A) The Minister may, at any time, decide to make an amendment to the public lottery licence and give written notice of the decision to the public lottery licensee. S. 5.3.19(1B) inserted by No. 58/2009 s. 85(1). (1B) Before making an amendment to the public lottery licence under subsection (1A), the Minister must notify the public lottery licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action. S. 5.3.19(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.28). (2) In deciding whether or not to make an amendment, the Minister must have regard to any objections lodged under section 5.3.18, and must take into account whether, in the Minister's opinion, the amendment— (a) is in the public interest; and (b) is consistent with the tenor of the original licence; and (c) would have an unduly adverse effect on any other public lottery licence. (3) As a condition of making a requested amendment, the Minister may require the licensee to pay to the State a premium determined by the Minister that reflects the increased value of the licence as amended. S. 5.3.19(4) substituted by No. 54/2006 s. 12(2). (4) If the Minister amends a licence under this section, the Minister must cause— (a) notice of the amendment to be published, as soon as practicable after the licence is amended, in the Government Gazette and a newspaper circulating generally in Victoria; and (b) a copy of the amendment to be— (ii) laid before each House of the Parliament within 7 sitting days of the House after the licence is amended. S. 5.3.19(4A) inserted by No. 54/2006 s. 12(2). (4A) The Commission must cause a copy of the amendment, or the licence as amended, to be made available on its website as soon as practicable after receiving the copy of the amendment. S. 5.3.19(5) amended by No. 58/2009 s. 85(3). (5) An amendment takes effect when notice of the decision to make the amendment is given to the licensee under subsection (1) or (1A) or on a later date specified in the notice. S. 5.3.19A inserted by No. 60/2011 s. 61. 5.3.19A Prohibition on lobbying for amendment of licence (1) A lobbyist must not in relation to a request for an amendment to a public lottery licence under section 5.3.16 carry out a lobbying activity for or on behalf of an interested person. (2) The Minister may refuse to consider a request to amend a public lottery licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity. 5.3.20 Surrender of licence S. 5.3.20(1) amended by No. 23/2025 s. 40(a). (1) A public lottery licensee may surrender the public lottery licence by giving at least 12 months written notice to the Minister. S. 5.3.20(3) amended by No. 23/2025 s. 40(b). (3) The Minister may consent subject to any conditions the Minister thinks fit, and those conditions remain in effect after the surrender in accordance with their terms. Division 5—Disciplinary action 5.3.21 Grounds for disciplinary action Each of the following is a ground for disciplinary action in relation to a public lottery licence— (a) the licensee is not, or is no longer, a suitable person or body to conduct the public lottery authorised by the licence; (b) the licensee has been found guilty of an offence against a gaming Act or a corresponding law; (c) the licensee, or an associate of the licensee, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; S. 5.3.21(d) substituted by No. 56/2010 s. 42. (d) the licensee has contravened— (ii) the lottery rules; (e) the licensee has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence); S. 5.3.21(ea) inserted by No. 54/2006 s. 13, amended by No. 23/2025 s. 41. (ea) the licensee has contravened an agreement referred to in section 5.3.7C, 5.3.7D or 5.3.30 or clause 43.3(1) of Schedule 7; (f) the licensee has failed to discharge financial obligations to a player; S. 5.3.21(g) amended by No. 40/2025 s. 26. (g) the licensee becomes a Chapter 5 body corporate or otherwise becomes insolvent; S. 5.3.21(h) amended by No. 72/2007 s. 27(a). (h) the licence was obtained by a materially false or misleading representation or in some other improper way; S. 5.3.21(i) inserted by No. 72/2007 s. 27(b). (i) the licensee has repeatedly breached the licensee's Responsible Gambling Code of Conduct. S. 5.3.22 substituted by No. 23/2025 s. 42. 5.3.22 Commission may take or recommend disciplinary action (1) If the Commission considers that there is a ground for taking disciplinary action in relation to a public lottery licence, the Commission may give the licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice. (2) The licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken. (i) issue a letter of censure to the licensee; (ii) fine the licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; or (b) may make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 5.3.23. (5) A letter of censure may censure the licensee in respect of any matter connected with the management or operation of its public lottery business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure. (a) fine the licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; or (b) make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 5.3.23. (7) The Commission may fine the licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter. S. 5.3.23 amended by No. 10/2004 s. 15(Sch. 1 item 10.7), substituted by No. 23/2025 s. 42. 5.3.23 Minister may take disciplinary action (1) If the Commission makes a report to the Minister under section 5.3.22, the Minister may— (i) amend the licence; (ii) suspend the licence; (b) if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the licensee under section 5.3.22(3)(a). (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 5.3.22; and (c) is not required to give the licensee a further opportunity to be heard or make submissions. (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 5.3.22(3)(a). (4) Cancellation, suspension or amendment of a licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice. 5.3.24 Suspension of licence pending criminal proceedings (1) The Minister may suspend a public lottery licence by giving written notice to the licensee if the Minister is satisfied that the licensee or an executive officer of the licensee has been charged with— (b) an offence arising out of or in connection with the management or operation of a public lottery business; or (c) an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the management or operation of a public lottery business. 5.3.25 Effect of licence suspension A public lottery licence is of no effect for the purposes of Part 2 while it is suspended. 5.3.26 Application of Division to appointed subsidiaries A reference in this Division to a public lottery licensee includes a reference to an appointed subsidiary of the licensee. Ch. 5 Pt 3 Div. 6 (Heading and ss 5.3.27–5.3.29) inserted by No. 54/2006 s. 14. Division 6—Temporary public lottery licences S. 5.3.27 inserted by No. 54/2006 s. 14. 5.3.27 Temporary public lottery licences S. 5.3.27(1) amended by No. 58/2009 s. 86(1). (1) If a public lottery licence (the ***original licence***) is cancelled, suspended or surrendered under this Part, the Minister may, subject to subsection (1A), issue a temporary public lottery licence and appoint a temporary licensee for the period determined by the Minister. S. 5.3.27(1A) inserted by No. 58/2009 s. 86(2). (1A) The Minister may, in accordance with subsection (2A), issue a temporary public lottery licence and appoint a temporary public lottery licensee for a period of 90 days. S. 5.3.27(2) substituted by No. 58/2009 s. 86(3). (2) The Minister may issue a temporary public lottery licence under subsection (1) only if satisfied that— (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a public lottery business. S. 5.3.27(2A) inserted by No. 58/2009 s. 86(3). (2A) The Minister may issue a temporary public lottery licence under subsection (1A) only if satisfied that— (b) the proposed licensee is a suitable person to be concerned in the management and operation of a public lottery business, taking into account the period of time for which the licence is issued. S. 5.3.27(3) amended by Nos 58/2009 s. 86(4), 23/2025 s. 43(a). (3) Subject to subsections (1A) and (2A), a temporary public lottery licence is issued on the terms and conditions the Minister thinks fit and nothing in Division 2 (other than sections 5.3.7B and 5.3.11) applies to the issue of the temporary licence. S. 5.3.27(3A) inserted by No. 58/2009 s. 86(5). (3A) In determining whether to issue a temporary public lottery licence under subsection (1), the Minister— (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 5.3.28. S. 5.3.27(3B) inserted by No. 58/2009 s. 86(5). (3B) In considering whether to issue a temporary public lottery licence under subsection (1A), the Minister— (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 5.3.28A. S. 5.3.27(4) amended by No. 58/2009 s. 86(6). (4) Subject to subsection (4A), a temporary public lottery licence— S. 5.3.27(4A) inserted by No. 58/2009 s. 86(7). (4A) A temporary public lottery licence issued under subsection (1A) may be extended once only for a period of 90 days. (5) If a temporary public lottery licence (including a temporary licence issued under this subsection) is cancelled or otherwise terminates (other than under subsection (4)(c)), the Minister may issue a further temporary public lottery licence and appoint a further temporary licensee for the period determined by the Minister. S. 5.3.27(6) amended by No. 23/2025 s. 43(b). (6) For the avoidance of doubt, subsections (2), (3) and (3A) and sections 5.3.28 and 5.3.29 apply to the issue of a temporary licence under subsection (5). (7) The cumulative periods for which a temporary public lottery licence may be issued or extended under this section cannot exceed 3 years after the day on which the original licence was cancelled, suspended or surrendered (as the case may be). S. 5.3.28 inserted by No. 54/2006 s. 14, amended by No. 58/2009 s. 87, substituted by No. 23/2025 s. 44. 5.3.28 Report to Minister by Commission for temporary public lottery licence (1) If the Minister is considering issuing a temporary public lottery licence under section 5.3.27(1), the Minister may request the Commission to give a written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary public lottery licence. S. 5.3.28A inserted by No. 58/2009 s. 88. 5.3.28A Report to Minister by Commission for a temporary public lottery licence issued for 90 days (1) If the Minister is considering issuing a temporary public lottery licence under section 5.3.27(1A), the Minister may request the Commission to give a preliminary written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. S. 5.3.29 inserted by No. 54/2006 s. 14. 5.3.29 Arrangements with former licensee (1) A temporary licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee. S. 5.3.29(2) substituted by No. 23/2025 s. 45. (2) The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1). S. 5.3.29(2A) inserted by No. 23/2025 s. 45. (2A) The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1). ***former licensee*** means the person who was public lottery licensee— (b) under a temporary public lottery licence immediately before its cancellation or other termination. S. 5.3.30 inserted by No. 71/2008 s. 12, amended by No. 62/2017 s. 57(7), substituted by No. 23/2025 s. 46. 5.3.30 Related agreements with temporary licensee (1) Subject to this section, the Minister, by written notice, may direct a temporary public lottery licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary licence with— (2) Before giving a direction under subsection (1), the Minister must consult the temporary licensee. (a) must warn the temporary licensee of the Minister's powers under this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (4) The temporary licensee must comply with a direction under subsection (1). (5) The temporary licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 5.3.31 inserted by No. 23/2025 s. 46. 5.3.31 No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 5.3.30 or entering into an agreement in compliance with a direction under section 5.3.30. Ch. 5 Pt 3 Div. 7 (Heading and ss 5.3.32–5.3.36) inserted by No. 23/2025 s. 47. Division 7—Further information‑gathering powers and obligations S. 5.3.32 inserted by No. 23/2025 s. 47. 5.3.32 Definitions ***applicant*** means applicant for a public lottery licence; ***application*** means application for a public lottery licence; (b) an associate of an applicant; or (c) a person who the Secretary considers may become an associate of an applicant. S. 5.3.33 inserted by No. 23/2025 s. 47. 5.3.33 Secretary may require further information (a) to provide, in accordance with directions in the notice, any information that is relevant to the consideration of the application and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the consideration 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); (d) to provide the Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Secretary may give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Commission if the Secretary considers that the information or record is relevant to an investigation or inquiry by the Commission in relation to the application. S. 5.3.34 inserted by No. 23/2025 s. 47. 5.3.34 Updating information provided to Secretary (a) the Secretary requires information (including information in any records) from an interested person under section 5.3.33; and (2) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (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. 5.3.35 inserted by No. 23/2025 s. 47. 5.3.35 Updating information provided to Minister regarding licence application (1) If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. (2) The Minister must give the particulars of a change referred to in subsection (1) to the Secretary. (3) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (4) When particulars of a 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) to any further change in the relevant information. (a) any information contained in an application for a public lottery licence; or S. 5.3.36 inserted by No. 23/2025 s. 47. 5.3.36 Updating licence transfer application (1) If a change occurs in any relevant information before an application for transfer of a public lottery licence is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. (2) The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (3) When particulars of a 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) to any further change in the relevant information. (a) any information contained in an application for transfer of a public lottery licence; or Ch. 5 Pt 3 Div. 8 (Heading and s. 5.3.37) inserted by No. 23/2025 s. 47. S. 5.3.37 inserted by No. 23/2025 s. 47. 5.3.37 Powers of Secretary Part 4—Returns to players and taxes 5.4.1 Returns to players (1) A public lottery licensee must ensure that the following minimum return to players is made on public lotteries conducted each year under the public lottery licence— (a) 50% of the total amount paid by players to enter soccer football pools; (b) 60% of the total amount paid by players to enter any other public lottery. ***year***, in relation to a licence, means the year commencing on the day on which the licence takes effect and the year commencing on each anniversary of that day. Division 2—Taxes 5.4.2 Supervision charge (1) A public lottery licensee must pay to the Treasurer a supervision charge in the instalments and in respect of the periods in each financial year that the Treasurer determines from time to time. (2) The supervision charge is the amount in respect of each financial year that the Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Commission in performing its functions under this Act in respect of public lotteries. 5.4.3 Public lottery tax (1) In relation to each public lottery conducted under a public lottery licence, the public lottery licensee must— (a) lodge a return with the Commission; and (b) pay to the Commission to be paid into the Consolidated Fund the required percentage of player loss. (2) The required percentage of player loss is— (a) in relation to an AFL footy tipping competition— (i) 58⋅41% of the player loss that is in respect of supplies on which GST is payable; and (ii) 67⋅50% of the player loss that is in respect of supplies on which GST is not payable; (b) in relation to a soccer football pool— (i) 57⋅52% of the player loss that is in respect of supplies on which GST is payable; and (ii) 68% of the player loss that is in respect of supplies on which GST is not payable; (c) in relation to any other public lottery— (i) 79⋅40% of the player loss that is in respect of supplies on which GST is payable; and (ii) 90% of the player loss that is in respect of supplies on which GST is not payable. (3) The return must be in the form, and contain the particulars, required by the Commission. (4) The return must be lodged, and payment made, not later than the 7 days after the determination of the public lottery to which the return relates. ***player loss***, in relation to a public lottery, means the total amount paid by all players to enter the public lottery less— (a) the sum of all prizes payable from that total amount (other than prizes payable from a jackpot prize pool) and any refunds made to players from that total amount; and (b) the sum of amounts determined under the lottery rules for the public lottery for payment in respect of that total amount to a jackpot prize pool. 5.4.4 Penalty interest for late payment A public lottery licensee must pay to the Commission, for payment into the Consolidated Fund, interest on an amount payable under section 5.4.3 or on a premium payment under section 5.3.9 or 5.3.19(3) that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the **Penalty Interest Rates Act 1983**. 5.4.5 Recovery of amounts An amount payable under section 5.4.3, a premium payment under section 5.3.9 or 5.3.19(3), or any interest payable under section 5.4.4 may be recovered in a court of competent jurisdiction as a debt due to the State. 5.4.6 Application of tax proceeds (1) In each financial year, the hypothecated amount must be paid out of the Consolidated Fund, in the proportions determined by the Treasurer, into— (a) the Hospitals and Charities Fund; and (b) the Mental Health Fund. (2) The hypothecated amount for a financial year is an amount equal to the amount paid into the Consolidated Fund under section 5.4.3 in that year and any interest paid under section 5.4.4 in respect of that amount, less— (a) any amount paid into the Consolidated Fund in that year in respect of AFL footy tipping competitions; and (b) any amount paid out of the Consolidated Fund in that year under section 5.4.7(5)(a). (3) The Consolidated Fund is appropriated to the extent necessary for payments to be made under subsection (1). (4) It is the intention of the Parliament that amounts paid into the Consolidated Fund in respect of AFL footy tipping competitions be applied for the purposes of grass roots sports and for any one or more of the following purposes: health, women's sports and sports medicine. 5.4.7 Sharing tax with other jurisdictions (1) The Governor in Council, on the recommendation of the Minister, by Order in Council published in the Government Gazette— (a) may declare another State, Territory or country to be a participating jurisdiction for the purposes of this Chapter; (b) may declare a law of another State, Territory or country to be a corresponding law for the purposes of this Chapter. (2) The Minister must not make a recommendation for the purposes of subsection (1) unless satisfied that— (a) there is in force an agreement between the Minister and a Minister of the other State, Territory or country making adequate provision for administrative arrangements between this State and the other State, Territory or country relating to the administration of this Chapter and the proposed corresponding law of the other State, Territory or country; and (b) there is in force an agreement between the Treasurer and the Treasurer (by whatever name called) of the other State, Territory or country making adequate provision for the taxation of public lotteries and the sharing of taxation revenue. (3) The Governor in Council, on the recommendation of the Minister, by Order in Council published in the Government Gazette may at any time revoke an Order under subsection (1). (4) The Minister must make a recommendation for the purposes of subsection (3) if satisfied that there is no longer in force the agreement or administrative arrangements referred to in subsection (2). (5) If there is in force an agreement referred to in subsection (2)(b)— (a) the Treasurer may pay, in accordance with the agreement, so much of the amount paid into the Consolidated Fund under section 5.4.3, and any interest paid under section 5.4.4 in respect of that amount, that in the Treasurer's opinion, was paid in respect of entries to public lotteries conducted under this Chapter that were accepted in the participating jurisdiction; and (b) the Consolidated Fund is appropriated to the extent necessary for payments to be made under paragraph (a). Part 5—Compliance requirements Division 1—Financial recording and reporting 5.5.1 Licensee to keep accounts and records A public lottery licensee must ensure that there are kept proper accounts and records of the transactions and affairs of the licensee and such other records as sufficiently explain the financial operations and financial position of the licensee. 5.5.2 Annual financial statements (1) A public lottery licensee must prepare financial statements of the public lotteries conducted by the licensee during each financial year. S. 5.5.2(2)–(4) repealed by No. 54/2004 s. 7. Ss 5.5.3–5.5.5 repealed by No. 54/2004 s. 7. S. 5.5.6 (Heading) amended by No. 54/2006 s. 15(a). 5.5.6 Subsidiaries to comply with Division S. 5.5.6(1) repealed by No. 54/2006 s. 15(b). (2) If an appointment under section 5.3.14 is in force, this Division applies to both the licensee and the appointed subsidiary. Division 2—Other requirements S. 5.5.6A inserted by No. 22/2005 s. 11. 5.5.6A Directions to provide information etc. (1) The Minister may give a written direction to a public lottery licensee requiring the licensee to provide to the Minister any information or document, or any class of information or document, that is in the possession or under the control of the licensee and that— (a) relates to any arrangement or agreement between the licensee and one or more parties in Victoria or in any other State or Territory or another country relating to the operation of public lotteries under the licence; or (b) in the opinion of the Minister relates to the operation of public lotteries under the licence and is considered by the Minister to be relevant to— S. 5.5.6A (1)(b)(i) repealed by No. 23/2025 s. 48(a). (ii) an invitation or proposed invitation to apply for a public lottery licence; or (iii) an application or proposed application for a public lottery licence under section 5.3.3. (2) A public lottery licensee must comply with a direction under subsection (1). (3) The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to the Commission and to either or both of the following— S. 5.5.6A(3)(a) substituted by No. 23/2025 s. 48(b). (a) persons who have been invited by the Minister under section 5.3.2A(1) to apply for a public lottery licence; (b) persons who apply for a public lottery licence in accordance with section 5.3.3. (4) No compensation is payable by the Crown in respect of anything done in accordance with this section. 5.5.7 Directions to licensees (1) The Commission may give a written direction to a public lottery licensee relating to the conduct, supervision or control of the public lottery authorised to be conducted by the public lottery licence and the licensee must comply with the direction as soon as it takes effect. (2) The direction takes effect when it is given to the licensee or at the later time specified in it. (3) The power conferred by this section includes a power to give a direction to a licensee to adopt, vary, cease or refrain from any practice in respect of the conduct of the public lottery. 5.5.8 Claims for prize S. 5.5.8(1) amended by No. 45/2004 s. 27. (1) If a claim for a prize in a public lottery is made to a public lottery licensee and that prize has not been paid to the Treasurer in accordance with section 5.5.9(1), the licensee must— (a) immediately try to resolve the claim; and (b) if the licensee is not able to resolve the claim, promptly give the claimant written notice— (i) of the licensee's decision on the claim; and (ii) that the claimant may, within 10 days after receiving the notice, ask the Commission to review the decision. (2) If the claim is not resolved, the claimant may ask the Commission— (a) if the claimant has received a notice under subsection (1)(b), to review the licensee's decision on the claim; or (b) if not, to resolve the claim. (3) A request to the Commission under subsection (2)— (b) if the claimant received a notice under subsection (1)(b), must be made within 10 days after receiving the notice. (4) If a request is made to the Commission, the Commission may carry out any investigations the Commission considers necessary to resolve matters in dispute. S. 5.5.9 (Heading) substituted by No. 45/2004 s. 28. 5.5.9 Unclaimed prizes S. 5.5.9(1) substituted by Nos 45/2004 s. 29, 28/2022 s. 134. (1) On or before the last day of each month (the ***payment month***), a public lottery licensee must pay to the Treasurer an amount equal to the sum of all prizes won that have remained unpaid for not less than 12 months on the first day of that payment month less the expenses of the public lottery licensee reasonably incurred in searching for the persons entitled to those prizes. S. 5.5.9(1A) inserted by No. 104/2004 s. 13. (1A) For the purposes of subsection (1), a prize that has been won in a public lottery, where the record of entry relates to more than one public lottery conducted during a period, is deemed to have been won on the date when winners of prizes in the last lottery recorded on the record of entry are determined. (2) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (1), the Treasurer, on being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose. 5.5.10 Complaints (1) A public lottery licensee must inquire into— (a) a complaint made to the licensee by a person about— (i) the conduct of a public lottery by the licensee or an appointed subsidiary of the licensee; or S. 5.5.10 (1)(a)(ii) amended by No. 54/2006 s. 15(c). (ii) the conduct of an agent or contractor of the licensee in operations related to a public lottery; or (b) a complaint referred to the licensee by the Commission under subsection (3). (2) Within 21 days after the complaint is received by, or referred to, the licensee, the licensee must give written notice of the result of the inquiry to— (a) the complainant; and (b) if the complaint was referred to the licensee by the Commission, the Commission. S. 5.5.10(3) amended by No. 54/2006 s. 15(c). (3) If a complaint is made to the Commission about the conduct of a public lottery, or the conduct of an agent or contractor in operations related to a public lottery, the Commission must promptly— (a) inquire into the complaint; or (b) if the Commission considers it appropriate, refer the complaint to the licensee. (4) The Commission must promptly advise the complainant of— (a) the result of the Commission's inquiry; or (b) the Commission's decision to refer the complaint to the licensee. (5) A complaint must— (b) state the complainant's name and address; and (c) give appropriate details of the complaint. Ch. 5 Pt 6 (Heading and ss 5.6.1–5.6.7) repealed by No. 56/2010 s. 61(4). Part 7—Trade promotion lotteries Division 1—Legality of trade promotion lotteries S. 5.7.1 amended by No. 64/2014 s. 25. 5.7.1 Trade promotion lotteries declared lawful The conduct of a trade promotion lottery in accordance with section 5.7.2 is lawful and is not a public nuisance. S. 5.7.2 (Heading) substituted by No. 64/2014 s. 26(1). 5.7.2 Conduct of trade promotion lotteries S. 5.7.2(1) substituted by No. 64/2014 s. 26(2). (1) A person may conduct a trade promotion lottery if the person complies with— (a) subsection (2); and (b) any prescribed conditions. S. 5.7.2(2) substituted by No. 29/2009 s. 65(1). (2) The conditions of entry to, or the manner of participation in, the trade promotion lottery must not— (a) require the entrant or another person to incur an expense per entry exceeding the amount determined from time to time by the Governor in Council by Order published in the Government Gazette; or (b) allow, as a precondition for participation in the trade promotion lottery, the entrant to— (i) have played a gaming machine; or (ii) be a participant of a loyalty scheme under which the entrant— (A) must spend an amount of money playing a gaming machine as a condition for participation in the loyalty scheme; or S. 5.7.2(2) (b)(ii)(B) substituted by No. 28/2022 s. 107. (B) must agree to receive any gaming machine advertising from a venue operator or casino operator or a person acting on behalf of a venue operator or casino operator. S. 5.7.2(3) inserted by No. 29/2009 s. 65(1). ***gaming machine advertising*** means any form of advertising that contains any information, term, expression, symbol or other thing associated with gaming machines, but does not include— (a) any thing about, or the advertisement of services relating to, problem gambling; or (b) technical information relating to the operation of a gaming machine. S. 5.7.2(4) inserted by No. 29/2009 s. 65(1). (4) For the purposes of the definition of ***gaming machine advertising*** in subsection (3), information, or a term, expression, symbol or other thing is taken to be associated with gaming machines if a reasonable person with ordinary knowledge who is a resident of Victoria would consider it to be associated with gaming machines. Ch. 5 Pt 7 Div. 2 (Heading and ss 5.7.3–5.7.10) amended by Nos 7/2006 s. 5(1), 29/2009 s. 65(2), 56/2014 s. 53, repealed by No. 64/2014 s. 27. Ch. 5 Pt 7 Div. 3 (Heading and ss 5.7.11–5.7.15) amended by No. 58/2011 s. 91(2), repealed by No. 64/2014 s. 27. Division 4—Compliance and offences S. 5.7.16AA inserted by No. 29/2009 s. 66. 5.7.16AA Definitions S. 5.7.16AA def. of *gaming machine play restriction* amended by No. 64/2014 s. 28. ***gaming machine play restriction*** means a restriction under section 5.7.2(2)(b); ***publish****,* in relation to trade promotion lottery advertising, includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers); ***trade promotion lottery advertising*** means any form of advertising that contains any term, expression, symbol or any other thing associated with the conduct of a trade promotion lottery. 5.7.16 Conducting trade promotion lottery in contravention of Act etc. S. 5.7.16(1) amended by Nos 104/2004 s. 14(a)(b), 64/2014 s. 29(a). (1) A person must not conduct, or assist in the conduct of, a trade promotion lottery other than in accordance with this Act and the regulations. 1. For a first offence, 60 penalty units; For a second or subsequent offence, 100 penalty units. S. 5.7.16(2) repealed by No. 64/2014 s. 29(b). S. 5.7.16A inserted by No. 29/2009 s. 67. S. 5.7.16A (Heading) amended by No. 64/2014 s. 30(1). 5.7.16A Venue operators must not conduct trade promotion lotteries in relation to gaming S. 5.7.16A(1) amended by No. 64/2014 s. 30(2). (1) A venue operator must not conduct a trade promotion lottery in relation to that part of the operator's business associated with the conduct of gaming. ***conduct of gaming*** has the same meaning as in section 3.1.4. S. 5.7.17 repealed by No. 56/2010 s. 61(6), new s. 5.7.17 inserted by No. 60/2011 s. 38, repealed by No. 64/2014 s. 31. S. 5.7.18 repealed by No. 64/2014 s. 31. S. 5.7.18A inserted by No. 29/2009 s. 68. 5.7.18A Gaming machine play restrictions to be included trade promotion lottery advertisements (a) a venue operator or casino operator is conducting a trade promotion lottery; and (b) the conditions of entry to, or the manner of participation in, the trade promotion lottery require the entrant to incur an expense per entry into the trade promotion lottery. (2) The venue operator or casino operator must include in any trade promotion lottery advertisement a statement of the gaming machine play restrictions that apply to that trade promotion lottery. (3) A statement of the gaming machine play restrictions included in any trade promotion lottery advertisement under subsection (1) must be displayed in accordance with a determination of the Commission under section 5.7.18B. S. 5.7.18B inserted by No. 29/2009 s. 68. 5.7.18B Commission determinations about the manner of display of gaming machine play restrictions The Commission may determine the manner in which gaming machine play restrictions that apply to a trade promotion lottery must be displayed in any trade promotion lottery advertisement published for that trade promotion lottery. Ch. 5 Pt 7 Div. 5 (Heading and s. 5.7.19) repealed by No. 64/2014 s. 31. Division 6—General S. 5.7.20 amended by No. 7/2006 s. 5(2)(3) (ILA s. 39B(1)). 5.7.20 Commissioner may perform Commission's functions (1) A function of the Commission under this Part may be performed by any commissioner. S. 5.7.20(2) inserted by No. 7/2006 s. 5(3), repealed by No. 64/2014 s. 31. Ch. 6 (Headings and ss 6.1.1–6.5.3) amended by Nos 45/2004 s. 30, 54/2004 ss 8(1)–(7), 9, 12(3),104/2004 ss 15–20, 72/2007 s. 28, 71/2008 s. 29(c), 43/2009 ss 7, 8, 58/2009 ss 89, 90, 58/2011 s. 91(1), 62/2017 s. 57(8), repealed by No. 1/2021 s. 31. Ch. 6A (Headings and ss 6A.1.1–6A.5.2) inserted by No. 40/2008 s. 17. Chapter 6A—Keno S. 6A.1.1 inserted by No. 40/2008 s. 17. 6A.1.1 Purpose The purpose of this Chapter is to make provision for the conduct and promotion of keno games. S. 6A.1.2 inserted by No. 40/2008 s. 17, amended by No. 27/2013 s. 14(2) (ILA s. 39B(1)). 6A.1.2 Definitions (1) In this Chapter— S. 6A.1.2(1) def. of *amount received by a keno licensee* inserted by No. 1/2021 s. 32(1)(a). ***amount received by a keno licensee***, in relation to an approved keno game, includes entries in the approved keno game for which payment was not received by the keno licensee; S. 6A.1.2(1) def. of *amount received by the keno licensee* repealed by No. 1/2021 s. 32(1)(b). S. 6A.1.2 def. of *approved* *keno linked jackpot arrangement* inserted by No. 27/2013 s. 14(1). ***approved keno linked jackpot arrangement*** means an arrangement approved under section 6A.1.3; S. 6A.1.2(1) def. of *keno revenue* amended by No. 1/2021 s. 32(1)(c). ***keno revenue***, in relation to a week, means the amount received by a keno licensee for approved keno games conducted by the licensee in the week less the sum of all prizes payable in respect of those games; S. 6A.1.2(1) def. of *keno venue* substituted by No. 1/2021 s. 32(1)(d). ***keno venue*** means premises under the control of a keno licensee or sales agent of a keno licensee where tickets for an approved keno game conducted by the licensee are sold. S. 6A.1.2(2) inserted by No. 27/2013 s. 14(2), amended by No. 1/2021 s. 32(2). (2) In determining, for the purposes of the definition of ***keno revenue*** in subsection (1), the sum of prizes payable in respect of approved keno games, if any prize is payable from a common jackpot prize pool under an approved keno linked jackpot arrangement, only that part of the prize pool contributed by the keno licensee is to be taken into account. S. 6A.1.3 inserted by No. 27/2013 s. 15. 6A.1.3 Keno linked jackpot arrangements S. 6A.1.3(1) amended by No. 1/2021 s. 79(2). (1) The Minister, by instrument, may approve an arrangement between a keno licensee and a licensee in another jurisdiction to conduct an identical keno game and to create a common jackpot prize pool. S. 6A.1.3(2) amended by No. 1/2021 s. 79(2). (2) The Minister or the Commission may request a keno licensee to provide to the Minister or the Commission (as the case requires) any information related to the operation of an approved keno linked jackpot arrangement. S. 6A.1.3(3) amended by No. 1/2021 s. 79(3). (3) A keno licensee must comply with a request under subsection (2). Part 2—Keno games Ch. 6A Pt 2 Div. 1 (Heading) amended by No. 1/2021 s. 33. Division 1—Legality of approved keno games S. 6A.2.1 (Heading) amended by No. 1/2021 s. 34(1). S. 6A.2.1 inserted by No. 40/2008 s. 17, amended by No. 1/2021 s. 34(2). 6A.2.1 Approved keno games conducted under this Chapter are lawful An approved keno game conducted or promoted in accordance with a licence granted under this Chapter is lawful and is not a public nuisance. S. 6A.2.2 (Heading) amended by No. 1/2021 s. 35(1). S. 6A.2.2 inserted by No. 40/2008 s. 17, amended by No. 1/2021 s. 35(2). 6A.2.2 Approved keno games not subject to Chapter 3 An approved keno game under this Chapter is not a game that may be approved by the Commission under Chapter 3. Ch. 6A Pt 2 Div. 2 (Heading) amended by No. 1/2021 s. 36. Division 2—Conducting approved keno games S. 6A.2.3 inserted by No. 40/2008 s. 17. 6A.2.3 Sale of tickets S. 6A.2.3(1) amended by No. 1/2021 s. 80(1). (1) Tickets in an approved keno game must be sold in accordance with the distribution arrangements authorised under a keno licence. S. 6A.2.3(2)–(4) repealed by No. 71/2008 s. 29(c). S. 6A.2.4 inserted by No. 40/2008 s. 17. 6A.2.4 Agents of licensee S. 6A.2.4(1) amended by No. 1/2021 s. 37(a). (1) A person who is not an agent of a keno licensee must not hold out themselves as an agent of the licensee. S. 6A.2.4(2) amended by No. 1/2021 s. 37(b). (2) A keno licensee may accredit in writing agents of the licensee to sell tickets in approved keno games. S. 6A.2.4(3) substituted by No. 29/2009 s. 70(1), amended by No. 1/2021 s. 37(c)(i). (3) A keno licensee must give the Commission— (a) the names and addresses of— (i) agents accredited by the licensee; and S. 6A.2.4(3)(a)(ii) amended by No. 1/2021 s. 37(c)(ii). (ii) any other agents and contractors to be used by the licensee to assist the licensee in conducting approved keno games; and S. 6A.2.4(3)(b) amended by No. 1/2021 s. 37(c)(ii). (b) a copy of any agreement between the keno licensee and an agent under which that agent sells tickets in approved keno games on behalf of the licensee. S. 6A.2.4(4) inserted by No. 29/2009 s. 70(1), amended by No. 1/2021 s. 37(d). (4) A keno licensee must give the information under subsection (3), and a copy of any agreement referred to in that subsection, to the Commission within 14 days after the accreditation or appointment of the agent or contractor (as the case requires). S. 6A.2.4A inserted by No. 29/2009 s. 71. 6A.2.4A Termination of certain agent agreements (1) This section applies if the Commission is of the opinion that— (a) an agent who is a party to an agreement referred to in section 6A.2.4(3) has contravened this Act or the regulations; or S. 6A.2.4A(1)(b) amended by No. 1/2021 s. 38(a)(i). (b) conduct of an agent who is a party to an agreement referred to in section 6A.2.4(3) has been inconsistent with a keno licensee's Responsible Gambling Code of Conduct; or S. 6A.2.4A(1)(c) amended by No. 1/2021 s. 38(a)(ii). (c) an agent who is a party to an agreement referred to in section 6A.2.4(3) has, other than in accordance with the keno rules of a keno licensee, played an approved keno game at the place where the agent sells tickets on approved keno games on behalf of the licensee; or S. 6A.2.4A(1)(d) amended by No. 1/2021 s. 38(a)(ii). (d) an employee of an agent who is a party to an agreement referred to in section 6A.2.4(3) has, other than in accordance with the keno rules of a keno licensee, played an approved keno game at the place where the agent sells tickets on approved keno games on behalf of the licensee. S. 6A.2.4A(2) amended by No. 1/2021 s. 38(b). (2) The Commission, by written notice given to a keno licensee, may direct the licensee to terminate the agreement the licensee has with the agent within 28 days after being given the notice. S. 6A.2.4A(3) amended by No. 1/2021 s. 38(c). (3) A keno licensee must comply with a direction under subsection (2). S. 6A.2.4A(4) amended by No. 1/2021 s. 38(d). (4) Within 14 days after receiving a notice under subsection (2), a keno licensee may make representations to the Commission as to why it should not comply with a direction under subsection (2). S. 6A.2.4A(5) amended by No. 1/2021 s. 38(d). (5) The Commission, by written notice given to a keno licensee, may revoke a direction referred to in subsection (2). The Commission may do so only if the period within which the agreement must be terminated has not expired. S. 6A.2.4A(6) amended by No. 1/2021 s. 38(d). (6) No compensation is payable by the State to any person (including a keno licensee) as a result of the termination of an agreement by a keno licensee in compliance with a direction under subsection (2). S. 6A.2.5 inserted by No. 40/2008 s. 17. 6A.2.5 Approval of keno system S. 6A.2.5(1) amended by No. 1/2021 s. 39. (1) A keno licensee must not conduct an approved keno game unless the licensee uses a keno system that has been approved by the Commission. S. 6A.2.5(2) amended by No. 1/2021 s. 39. (2) A keno licensee must not conduct an approved keno game using a keno system that has been varied from the system approved by the Commission unless the variation has been approved by the Commission. (3) The Commission may approve— (a) a keno system; or (b) a variation to a keno system— for use by the licensee. S. 6A.2.5(3A) inserted by No. 58/2009 s. 91. (3A) In approving a keno system or a variation to a keno system, the Commission must have regard to any relevant standards made under section 10.1.5A. (4) The Commission may make an approval to use, or a variation of an approval to use, a keno system subject to any conditions that it thinks fit. S. 6A.2.6 inserted by No. 40/2008 s. 17. 6A.2.6 Security of certain equipment S. 6A.2.6(1) amended by Nos 1/2021 s. 40(a), 6/2024 s. 40(1).[[4]](#endnote-5) (1) A keno licensee operating a keno system must ensure that only persons authorised by the licensee have physical or off-site access to the central processing unit and game result determination device of the keno system. S. 6A.2.6(2) amended by Nos 1/2021 s. 40(b), 6/2024 s. 40(2).[[5]](#endnote-6) (2) Equipment at a keno venue or any other location which is used for the conduct or monitoring of approved keno games must not be physically or remotely accessible to the public unless it is intended for public use. S. 6A.2.7 inserted by No. 40/2008 s. 17. 6A.2.7 Defective machinery, equipment and computer systems S. 6A.2.7(1) amended by No. 1/2021 ss 79(2), 80(2). (1) The Commission may order a keno licensee to repair or withdraw from use any defective machinery, equipment or computer system used in connection with approved keno games. S. 6A.2.8 inserted by No. 40/2008 s. 17. 6A.2.8 Unlawful interference with keno system S. 6A.2.8(a) amended by No. 1/2021 s. 80(2). (a) be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with any machinery, equipment or computer system used in connection with approved keno games; or S. 6A.2.8(b) amended by No. 1/2021 s. 80(2). (b) do any act or thing calculated, or likely, to improperly interfere with any machinery, equipment or computer system used in connection with approved keno games. S. 6A.2.9 inserted by No. 40/2008 s. 17, amended by No. 1/2021 s. 79(3). 6A.2.9 Use of defective keno machinery, equipment or computer system A keno licensee, or an agent of the licensee on whose premises the machinery, equipment or computer system is located, must not allow any machinery, equipment or computer system that— S. 6A.2.9(a) amended by No. 1/2021 s. 80(2). (a) is used in connection with approved keno games; and (b) does not function in the manner in which it was designed and programmed to function— to be used, other than for testing purposes, until it is functioning in the manner in which it was designed and programmed to function. S. 6A.2.10 inserted by No. 40/2008 s. 17, amended by No. 1/2021 ss 79(3), 80(1). 6A.2.10 Credit and loans A keno licensee or an agent of the licensee or an employee of either of them must not make a loan or extend credit in any form to any person to enable that person or any other person to play an approved keno game. S. 6A.2.11 inserted by No. 40/2008 s. 17. 6A.2.11 Keno rules S. 6A.2.11(1) amended by No. 1/2021 s. 41(a). (1) A keno licensee must make rules, not inconsistent with this Act and the regulations, for or with respect to the conduct of approved keno games. S. 6A.2.11(2) amended by No. 1/2021 s. 41(b)(i). (2) A keno licensee must not conduct an approved keno game unless— S. 6A.2.11(2)(a) amended by No. 1/2021 s. 41(b)(ii). (a) rules for the conduct of approved keno games are in force; and S. 6A.2.11(2)(b) amended by No. 1/2021 s. 41(b)(iii). (b) the approved keno game is conducted in accordance with those rules. (3) Without limiting subsection (1), the rules must provide for the following— S. 6A.2.11(3)(a) amended by No. 1/2021 s. 41(c). (a) the manner of entering an approved keno game; S. 6A.2.11(3)(b) amended by No. 1/2021 s. 41(c). (b) the recording of entries in an approved keno game; S. 6A.2.11(3)(c) amended by No. 1/2021 s. 41(c). (c) the determination of the entitlement, if any, of a player to a prize or a bonus prize in an approved keno game; S. 6A.2.11(3)(d) amended by No. 1/2021 s. 41(c). (d) the payment of prizes in, or the refund of money paid to enter, an approved keno game; S. 6A.2.11(3)(e) amended by No. 1/2021 s. 41(c). (e) the publication of results in an approved keno game. S. 6A.2.11(4) amended by No. 1/2021 s. 41(d). (4) As soon as practicable after making rules for the conduct of approved keno games, the licensee must give a copy of the rules to the Commission. S. 6A.2.11(5) amended by No. 1/2021 s. 41(e). (5) Rules for the conduct of approved keno games, as in force when an entry to an approved keno game is accepted, form part of the contract between the licensee and the player. S. 6A.2.12 inserted by No. 40/2008 s. 17. 6A.2.12 Commencement of rules (1) Rules made under section 6A.2.11 come into force on the day specified in the rules, being a day— (a) at least 4 weeks after the day on which the rules are made; or (b) an earlier day approved by the Commission, not being a day before the rules are made. (2) An approval under subsection (1)(b) must be in writing. (3) Despite subsection (1), rules made under section 6A.2.11 cannot come into force before notice of making them is published in accordance with section 6A.2.13. S. 6A.2.13 inserted by No. 40/2008 s. 17. 6A.2.13 Publication and inspection of keno rules S. 6A.2.13(1) amended by No. 1/2021 ss 79(3), 80(2). (1) A keno licensee must publish notice of the making of rules for the conduct of approved keno games in the Government Gazette. S. 6A.2.13(2) amended by No. 1/2021 ss 79(3), 80(1). (2) A keno licensee, or an agent of the licensee, who accepts entries in an approved keno game must— S. 6A.2.13(2)(a) amended by No. 1/2021 s. 80(2). (a) make available a complete copy of the rules for the conduct of approved keno games for inspection by any person free of charge on request; and (b) at each place or point at which those entries are accepted, display a notice stating that the rules are available for inspection. (3) A notice under subsection (2)(b) must be in the form approved by the Commission. S. 6A.2.14 inserted by No. 40/2008 s. 17. 6A.2.14 Disallowance of keno rules S. 6A.2.14(1) amended by No. 1/2021 s. 42(a). (1) The Commission may disallow rules made under section 6A.2.11, in whole or in part, at any time by giving written notice to a keno licensee if— (a) the Commission is satisfied that the rules are— (i) unfair to players; or (ii) unreasonable; or (iii) contrary to the public interest; or (b) the Minister has requested the Commission to disallow the rules under subsection (3). (2) The Commission may refer rules made under section 6A.2.11 to the Minister if the Commission considers that the Minister ought to consider whether the rules should be disallowed. (3) The Minister may request the Commission to disallow rules made under section 6A.2.11 (whether or not they were referred to the Minister under subsection (2)) if the Minister considers that the rules— (a) are not in the public interest; or S. 6A.2.14(3)(b) amended by No. 1/2021 s. 42(b). (b) would result in the approved keno game being of a different character from the approved keno games authorised to be conducted by section 6A.3.1. (4) The disallowance of rules made under section 6A.2.11 takes effect on the day specified in the notice of disallowance, being a day that is at least 3 days after the notice is given to the licensee. (5) If, before the rules are made under section 6A.2.11, the Commission consents in writing to the making of the rules in the form in which they are made, the Commission must not disallow the rules or any part of them within the period of 6 months after they are made, unless the Minister requests disallowance under subsection (3). S. 6A.2.14(6) amended by No. 58/2011 s. 91(1). Ch. 6A Pt 2A (Heading) substituted by No. 1/2021 s. 43. Ch. 6A Pt 2A (Heading and ss 6A.2A.1–6A.2A.4) inserted by No. 29/2009 s. 72. Part 2A—Approval of keno games S. 6A.2A.1 inserted by No. 29/2009 s. 72. 6A.2A.1 Approval of keno games for betting purposes S. 6A.2A.1(1) substituted by No. 1/2021 s. 44. (1) Subject to subsection (1A), the Minister, by instrument, may approve a keno game. S. 6A.2A.1(1A) inserted by No. 1/2021 s. 44. (1A) The Minister must not approve a keno game if— (a) in the Minister's opinion, the keno game is offensive or contrary to the public interest; or (b) the keno game is a keno game, or a keno game of a class, that is prohibited by a harm minimisation direction under Part 7. S. 6A.2A.1(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.29). (2) The Minister may impose any conditions the Minister thinks fit on an approval at the time of giving the approval or at any later time. (3) An approval— (a) takes effect on the day notice of it is published under section 6A.2A.2(a) or on the later day specified in the notice; and (b) remains in force until revoked by the Minister. (4) A condition imposed under subsection (2) takes effect on the day notice of it is published under section 6A.2A.2(b) or on the later day specified in the notice. S. 6A.2A.2 inserted by No. 29/2009 s. 72. 6A.2A.2 Notice and publication requirements The Minister must cause notice to be published in the Government Gazette of— (a) an approval under this Part; and S. 6A.2A.3 inserted by No. 29/2009 s. 72. 6A.2A.3 Variation and revocation of approval (1) At any time the Minister may, by instrument— (b) revoke an approval for any reasonable cause stated by the Minister in the instrument of revocation. (2) A variation or revocation takes effect on the day notice of it is published under section 6A.2A.2(c) or on the later day specified in the notice. S. 6A.2A.4 inserted by No. 29/2009 s. 72. 6A.2A.4 Approval does not limit Commission's power to approve simulated racing events under Chapter 4 This Part is not to be taken to limit Division 3A of Part 5 of Chapter 4. Part 3—Keno licence Ch. 6A Pt 3 Div. 1AA (Heading and s. 6A.3.1AA) inserted by No. 60/2011 s. 62. S. 6A.3.1AA inserted by No. 60/2011 s. 62. 6A.3.1AA Definitions S. 6A.3.1AA def. of *applicant* amended by No. 1/2021 s. 45(b). ***applicant*** means an applicant for a keno licence; ***contact*** includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means; S. 6A.3.1AA def. of *government representative* amended by No. 23/2025 s. 74(Sch. 1 item 2.30). (f) a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with the Secretary's obligations under this Part or Division 1A or 1B of Part 4 of Chapter 10; S. 6A.3.1AA def. of *interested person* amended by No. 20/2018 s. 33(1), substituted by No. 1/2021 s. 45(c). (d) a keno licensee; or S. 6A.3.1AA def. of *licence awarding process* substituted by Nos 20/2018 s. 33(2), 1/2021 s. 45(d). (a) the Minister's decision to invite a person to apply for a keno licence; (b) the Minister's determination whether to grant or refuse an application for a keno licence; (c) the preparation or making of a recommendation or report, or any other thing that may be or is required to be done under the Act, for the purpose of the Minister making a decision or determination referred to in paragraph (a) or (b); S. 6A.3.1AA def. of *lobbying activity* amended by No. 1/2021 s. 45(e). (a) in relation to a licence awarding process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process; (b) in relation to a request to amend a keno licence under section 6A.3.22, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to the keno licence; S. 6A.3.1AA def. of *lobbyist* amended by Nos 20/2018 s. 33(3), 1/2021 s. 45(f). S. 6A.3.1AA def. of *pending applicant* inserted by No. 1/2021 s. 45(a). ***pending applicant*** means a person the Minister has invited to apply for a keno licence but that has not applied for that licence under section 6A.3.5; S. 6A.3.1AA def. of *possible invitee* inserted by No. 1/2021 s. 45(a). ***possible invitee*** means a person the Minister is considering inviting to apply for a keno licence. S. 6A.3.1AA def. of *registrant* repealed by No. 20/2018 s. 33(4). Division 1—Authority and number of keno licences S. 6A.3.1 inserted by No. 40/2008 s. 17, amended by Nos 29/2009 s. 70(2), 1/2021 s. 46. 6A.3.1 Authority of keno licence A keno licence authorises a keno licensee to conduct the approved keno games in respect of the licence subject to this Act and the regulations, and any conditions to which the licence is subject. S. 6A.3.2 inserted by No. 40/2008 s. 17, substituted by No. 1/2021 s. 47. 6A.3.2 Minister determines number of keno licences The Minister is to determine from time to time the number of keno licences that may be issued. S. 6A.3.3 inserted by No. 40/2008 s. 17, amended by Nos 56/2010 s. 43, 60/2011 s. 63, substituted by No. 20/2018 s. 34. 6A.3.3 Minister may invite applications S. 6A.3.3(1) amended by No. 1/2021 s. 79(1). (1) The Minister may invite a person that is a body corporate to apply for a keno licence. S. 6A.3.3(2) amended by No. 1/2021 s. 79(1). (2) The Minister may take into account any other matter in deciding whether to invite a person to apply for a keno licence. S. 6A.3.4 inserted by No. 40/2008 s. 17, substituted by No. 20/2018 s. 35. 6A.3.4 Secretary may report on suitability of persons Minister is considering to invite to apply for keno licence S. 6A.3.4(1) amended by No. 1/2021 s. 79(1). (1) If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering inviting to apply for a keno licence. S. 6A.3.4A inserted by No. 20/2018 s. 35. 6A.3.4A Consent required for reports and investigation S. 6A.3.4A(1) amended by No. 1/2021 s. 48(a)(i). (1) For the purpose of preparing a report under section 6A.3.4 or 6A.3.6 to give to the Minister and for investigations and inquiries to be carried out under Division 1C or 1D of Part 4 of Chapter 10 for the purpose of preparing a report under section 6A.3.4 or 6A.3.6, the Secretary must obtain the written consent of— S. 6A.3.4A(1)(a) amended by No. 1/2021 s. 48(a)(ii). S. 6A.3.4A (1)(b)(i) amended by No. 1/2021 s. 48(a)(iii). (i) to invite a possible invitee to apply for a keno licence; or S. 6A.3.4A (1)(b)(ii) substituted by No. 1/2021 s. 48(a)(iv). (ii) a pending applicant or an applicant should be granted a keno licence under this Division. S. 6A.3.4A(2) repealed by No. 1/2021 s. 48(b). S. 6A.3.5 inserted by No. 40/2008 s. 17. 6A.3.5 Application for licence S. 6A.3.5(1) amended by No. 20/2018 s. 36(1). (1) A person who has been invited by the Minister under section 6A.3.3(1) to apply for a keno licence— (i) requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for a keno licence; and (ii) reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and S. 6A.3.5(2) (ab) inserted by No. 40/2008 s. 30(1). (ab) must be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and (3) The Minister may require an applicant to provide any further information to the Minister in connection with the application. (4) The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant. (5) The Minister must refer each licence application to the Secretary for a report under section 6A.3.6. (6) If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary. S. 6A.3.5(7) repealed by No. 60/2011 s. 64. Note to s. 6A.3.5 amended by Nos 71/2008 s. 40(1), 20/2018 s. 36(2). Division 1D of Part 4 of Chapter 10 provides for the investigation of an application for a keno licence. S. 6A.3.6 inserted by No. 40/2008 s. 17. 6A.3.6 Report to Minister by Secretary on applications (a) stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied to grant the licence application have been made out; and (b) stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 6A.3.5 have been complied with; and (2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions. S. 6A.3.7 inserted by No. 40/2008 s. 17. 6A.3.7 Determination of applications (1) The Minister is to determine whether to grant or refuse a licence application after receiving the report of the Secretary under section 6A.3.6. S. 6A.3.7(2) amended by No. 23/2025 s. 74(Sch. 1 item 2.31(a)). (2) The Minister may grant a licence application only if satisfied that the granting of the application is in the public interest, taking into account each of the following matters— (a) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; (b) whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's keno business, is a suitable person to act in that capacity; (d) whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (f) whether the applicant has financial resources that are adequate to ensure the financial viability of a keno business; (g) whether the applicant has the ability to establish and maintain a successful keno business; S. 6A.3.7(2)(h) repealed by No. 20/2018 s. 37. (i) any other matters the Minister considers relevant. S. 6A.3.7(2A) inserted by No. 40/2008 s. 30(2), amended by Nos 62/2017 s. 56(7), 23/2025 s. 74(Sch. 1 item 2.31(a)). (2A) In addition to the requirements of subsection (2), the Minister may grant a licence application only if satisfied that the Responsible Gambling Code of Conduct accompanying the application complies with— S. 6A.3.7(2A)(a) inserted by No. 62/2017 s. 56(7). S. 6A.3.7(2A)(b) inserted by No. 62/2017 s. 56(7). (3) In determining whether to grant or refuse a licence application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 6A.3.6. S. 6A.3.7(4) amended by No. 23/2025 s. 74(Sch. 1 item 2.31(b)). (4) If the Minister refuses a licence application, the Minister must give written notice to the applicant. S. 6A.3.7A inserted by No. 40/2008 s. 17, amended by Nos 60/2011 s. 65, 20/2018 s. 38, substituted by No. 1/2021 s. 49. 6A.3.7A Prohibition on improper interference (1) An interested person in relation to a keno licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant. (2) If an interested person improperly interferes with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant, the Minister may refuse to consider, or consider further— (a) whether to invite the possible invitee to apply for a keno licence; or (b) an application for a keno licence made by the pending applicant or applicant. S. 6A.3.7B (Heading) amended by No. 1/2021 s. 50(1). S. 6A.3.7B inserted by No. 60/2011 s. 66. 6A.3.7B Prohibition on lobbying (1) A lobbyist must not in relation to a licence awarding process carry out a lobbying activity for or on behalf of an interested person. S. 6A.3.7B(2) amended by Nos 20/2018 s. 39, 1/2021 s. 50(2). (2) The Minister may refuse to invite a person to apply for a keno licence, to consider an application for a keno licence or to grant an application for a keno licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity. S. 6A.3.8 inserted by No. 40/2008 s. 17. 6A.3.8 Issue of licence S. 6A.3.8(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.32). (1) If the Minister grants a licence application, the Minister must issue a keno licence to the applicant. S. 6A.3.8(2) substituted by No. 1/2021 s. 51. (2) A keno licence cannot be issued under this section that has effect, otherwise than as provided by section 6A.3.12, at any time while the keno licence in effect immediately before the commencement of section 47 of the **Consumer and Other Acts Miscellaneous Amendments Act 2021** is in force. Note to s. 6A.3.8 inserted by No. 40/2008 s. 30(3), substituted by No. 70/2013 s. 3(Sch. 1 item 17), repealed by No. 23/2025 s. 61. S. 6A.3.8A inserted by No. 74/2010 s. 25(3). 6A.3.8A Keno licence not personal property For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a keno licence is declared not to be personal property. S. 6A.3.9 inserted by No. 40/2008 s. 17, amended by No. 23/2025 s. 74(Sch. 1 item 2.33). 6A.3.9 Licence conditions The Minister may impose any conditions the Minister thinks fit on a keno licence, including— (a) conditions referred to in any other provision in this Chapter; (b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or the Minister. Note to s. 6A.3.9 inserted by No. 23/2025 s. 62. The licence is also subject to the condition specified in section 6A.3.9A. S. 6A.3.9A inserted by No. 40/2008 s. 31, amended by No. 62/2017 s. 57(9). 6A.3.9A Responsible Gambling Code of Conduct is a condition of licence It is a condition of a keno licence that the keno licensee implement a Responsible Gambling Code of Conduct that complies with— S. 6A.3.9A(a) inserted by No. 62/2017 s. 57(9). S. 6A.3.9A(b) inserted by No. 62/2017 s. 57(9). (b) each direction under section 10.6.6(1) that applies in relation to the licensee. S. 6A.3.10 (Heading) substituted by No. 58/2009 s. 92. S. 6A.3.10 inserted by No. 40/2008 s. 17. 6A.3.10 Minister may refuse to issue keno licence if related agreements not entered into Despite section 6A.3.8, the Minister may refuse to issue a keno licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence. S. 6A.3.10A inserted by No. 58/2009 s. 93. 6A.3.10A Related agreements with keno licensee S. 6A.3.10A(1) amended by No. 1/2021 s. 79(2). (1) Subject to this section, the Minister, by written notice, may direct a keno licensee to enter into an agreement or class of agreements dealing with matters relating to the keno licence with— (2) Before giving a direction under subsection (1), the Minister must consult with the keno licensee. (a) must warn the keno licensee of the Minister's powers under this section; and (c) may specify the kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the kinds of terms that must not be in an agreement or class of agreements to be entered into; and S. 6A.3.10A(4) amended by No. 1/2021 s. 79(3). (4) A keno licensee must comply with a direction under subsection (1). S. 6A.3.10A(5) amended by No. 1/2021 s. 79(3). (5) A keno licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 6A.3.10B inserted by No. 58/2009 s. 93. 6A.3.10B No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 6A.3.10A or the entering into an agreement in compliance with a direction under section 6A.3.10A. S. 6A.3.11 inserted by No. 40/2008 s. 17. 6A.3.11 Duration of licence (1) A keno licence— S. 6A.3.11(1)(b) substituted by No. 1/2021 s. 52. (b) is valid for the term specified in the licence, unless terminated earlier in accordance with this Chapter or extended under section 6A.3.11A. (2) A keno licence cannot be renewed, but a person who holds or has held a keno licence may apply for a subsequent keno licence, if invited by the Minister to do so. S. 6A.3.11AA inserted by No. 1/2021 s. 53. 6A.3.11AA Exclusivity period for licence (1) When issuing a keno licence, the Minister may specify one or more periods of time as the exclusivity period for the licence. (2) If an exclusivity period is specified for one or more keno licences, no new keno licence can be issued that has effect, otherwise than as provided by section 6A.3.12, at any time during the exclusivity period. S. 6A.3.11A inserted by No. 20/2018 s. 40. 6A.3.11A Extension of licence S. 6A.3.11A(1) amended by No. 1/2021 s. 79(2). (1) If invited by the Minister to do so, a keno licensee may apply to the Minister, before the keno licence expires, for a licence extension. (2) On an application under subsection (1), the Minister may extend the term of the keno licence for a period of up to 2 years. S. 6A.3.11A(3) amended by No. 1/2021 s. 79(1). (3) The term of a keno licence may be extended only once. S. 6A.3.12 inserted by No. 40/2008 s. 17. 6A.3.12 Licence may authorise preparatory action (1) This section applies to a keno licence if the licence takes effect at a time specified in the licence that is later than the time of issue of the licence. (2) The keno licence may authorise the keno licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (4) Any time specified from which preparatory action may be taken must not be more than 18 months before the time the licence takes effect. (5) Despite section 6A.3.11(1)(a), the keno licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). (6) No account is to be had to this section in determining the term of the licence under section 6A.3.11(1)(b). S. 6A.3.12(7) def. of *preparatory action* amended by No. 1/2021 s. 80(1). ***preparatory action*** means anything necessary or convenient to be done for the purpose of conducting any activities authorised by the keno licence, but does not include the selling of tickets in an approved keno game or determining the outcome of an approved keno game. S. 6A.3.13 inserted by No. 40/2008 s. 17. 6A.3.13 Premium payment S. 6A.3.13(1) amended by No. 1/2021 s. 79(2). (1) The Minister may require a keno licensee to pay, as consideration for a keno licence, one or more amounts determined by the Minister as the premium payment. S. 6A.3.13(2A) inserted by No. 20/2018 s. 41(1), amended by No. 1/2021 s. 79(1). (2A) If the Minister extends a keno licence under section 6A.3.11A(2), the Minister may require the keno licensee to pay, as consideration for the extension of the licence, one or more amounts determined by the Minister as the premium payment for the extension of the licence. S. 6A.3.13(3) amended by Nos 20/2018 s. 41(2), 1/2021 s. 79(1). (3) The premium payment for a keno licence or the extension of a keno licence is a tax. S. 6A.3.13A inserted by No. 58/2009 s. 94, amended by No. 1/2021 s. 79(3). 6A.3.13A Penalty interest for late payment A keno licensee must pay to the Commission, for payment into the Consolidated Fund, interest on a premium payment under section 6A.3.13 that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the **Penalty Interest Rates Act 1983**. S. 6A.3.13B inserted by No. 58/2009 s. 94. 6A.3.13B Recovery of amounts A premium payment under section 6A.3.13 or any interest payable under section 6A.3.13A may be recovered in a court of competent jurisdiction as a debt due to the State. S. 6A.3.14 inserted by No. 40/2008 s. 17. 6A.3.14 Publication and tabling (i) of the issue of a keno licence, as soon as practicable after the licence is issued; and (ii) of the making of any agreement referred to in section 6A.3.10, as soon as practicable after the agreement is made; and (b) a copy of a keno licence to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is issued; and (c) a copy of any agreement referred to in section 6A.3.10 to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the agreement is made. (a) may exclude information from the licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a keno licence and any agreements referred to in section 6A.3.10 to be made available on its website as soon as practicable after notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3). S. 6A.3.15 (Heading) amended by No. 1/2021 s. 54(1). S. 6A.3.15 inserted by No. 40/2008 s. 17. 6A.3.15 Engaging contractors and appointing agents to assist with approved keno games S. 6A.3.15(1) amended by No. 1/2021 s. 54(2)(a). (1) A keno licence may authorise the keno licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of approved keno games authorised by the licence. S. 6A.3.15(2) amended by Nos 58/2009 s. 95, 1/2021 s. 54(2)(b). (2) For the avoidance of doubt, the engagement of a person or the appointment of an agent by a keno licensee does not affect any function or obligation of the licensee under a gaming Act, the gaming regulations, the keno licence or any related agreement. S. 6A.3.16 inserted by No. 40/2008 s. 17. 6A.3.16 Transfer only under this Division A keno licence is not transferable to any other person except in accordance with this Division. S. 6A.3.17 inserted by No. 40/2008 s. 17. 6A.3.17 Application to transfer licence S. 6A.3.17(1) amended by No. 1/2021 s. 79(1). (1) A keno licensee may apply to the Minister to transfer a keno licence to another person (the ***transferee***). (3) If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the keno licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application. (4) The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application, whether or not the application is granted. (6) The Minister may refer the application to the Commission for a report under section 6A.3.19. S. 6A.3.18 inserted by No. 40/2008 s. 17. 6A.3.18 Transfer of a keno licence S. 6A.3.18(1) amended by No. 40/2008 s. 32(1). (1) On application under section 6A.3.17, the Minister may transfer the keno licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4), (4A) and (5). (i) the transferee is a wholly-owned subsidiary of the keno licensee; or (ii) the transferee and the keno licensee are both wholly-owned subsidiaries of a third company; and S. 6A.3.18 (2)(b) repealed by No. 20/2018 s. 42(1). (c) that the transferee is not a natural person. (3) The Minister must be satisfied that the transfer of the keno licence to the transferee is in the public interest, taking into account each of the following matters— (a) whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity; (b) whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's keno business, is a suitable person to act in that capacity; (d) whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence; (f) whether the transferee has financial resources that are adequate to ensure the financial viability of a keno business; and (g) whether the transferee has the ability to establish and maintain a successful keno business; S. 6A.3.18 (3)(h) repealed by No. 20/2018 s. 42(2). (i) any other matters the Minister considers relevant. (4) The Minister must be satisfied that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee. S. 6A.3.18(4A) inserted by No. 40/2008 s. 32(2), amended by No. 62/2017 s. 56(8). (4A) The Minister must be satisfied that the transferee has, or when the licence is transferred will have, a Responsible Gambling Code of Conduct that complies with— S. 6A.3.18(4A)(a) inserted by No. 62/2017 s. 56(8). S. 6A.3.18(4A)(b) inserted by No. 62/2017 s. 56(8). (5) The Minister must be satisfied that the transferee is capable of meeting the obligations of the keno licensee under any agreements referred to in section 6A.3.10. (6) The Minister may refuse to transfer the keno licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee. (7) In determining whether to grant or refuse an application to transfer the keno licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 6A.3.19. (8) If the Minister transfers the keno licence, the transferee becomes the keno licensee and assumes all the obligations and liabilities of the keno licensee under this Act. S. 6A.3.19 inserted by No. 40/2008 s. 17. 6A.3.19 Report to Minister by Commission S. 6A.3.19(1) amended by No. 1/2021 s. 79(1). (1) If the Minister has referred to the Commission an application to transfer a keno licence, the Commission must give a written report to the Minister on the application— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and (2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a keno licence. S. 6A.3.20 inserted by No. 40/2008 s. 17. 6A.3.20 Related agreements The Minister may refuse to transfer a keno licence unless— (a) the keno licensee and any other person who is party to an agreement referred to in section 6A.3.10 relating to the licence executes any document requested by the Minister in relation to that agreement; and (b) the transferee or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 6A.3.10 or any further agreement. S. 6A.3.21 inserted by No. 40/2008 s. 17. 6A.3.21 Publication and tabling (i) of the transfer of a keno licence, as soon as practicable after the licence is transferred; and (ii) of the execution of any document referred to in section 6A.3.20(a) or of the entering into of any agreement referred to in section 6A.3.20(b), as soon as practicable after the document is executed or the agreement is entered into; and (b) a copy of the transfer of a keno licence to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and (c) a copy of any document referred to in section 6A.3.20(a) or any agreement referred to in section 6A.3.20(b) to be— (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into. (a) may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a transfer of a keno licence and any document referred to in section 6A.3.20(a) or agreement referred to in section 6A.3.20(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3). Division 4—Amendment and surrender of licence S. 6A.3.22 inserted by No. 40/2008 s. 17. 6A.3.22 Request by licensee for amendment of licence S. 6A.3.22(1) amended by No. 1/2021 s. 79(3). (1) A keno licensee may request the Minister to amend a keno licence. S. 6A.3.22(1A) inserted by No. 58/2009 s. 96, amended by No. 23/2025 s. 74(Sch. 1 item 2.34). (1A) The Minister may refuse to consider the request for a licence amendment if, in the Minister's opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 6A.3.23. (3) The Minister may require the licensee to provide any further information or any documents to the Minister in connection with the request. (4) If this section or a requirement made by the Minister under this section is not complied with, the Minister may refuse to consider the request. (5) If no fee is prescribed for the purposes of subsection (2)(c), the Minister, by written notice, may require the keno licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the request. (6) The Minister may require costs payable under subsection (5) to be paid by instalments or at any time before, during or after the Minister's consideration of the request, whether or not the Minister decides to make the requested amendment. S. 6A.3.22A inserted by No. 1/2021 s. 55. 6A.3.22A Notification of other affected licensees (1) The Minister may require a keno licensee who requests a licence amendment to notify in writing the licensee of any other keno licence that, in the Minister's opinion, may be adversely affected if the amendment is made. (3) If a requirement made by this section is not complied with, the Minister may refuse to consider the request for amendment. S. 6A.3.22B inserted by No. 1/2021 s. 55. 6A.3.22B Objection by other licensees (1) A keno licensee who receives notice under section 6A.3.22A may lodge a written objection with the Minister. S. 6A.3.23 inserted by No. 40/2008 s. 17. 6A.3.23 Amendment of licence S. 6A.3.23(1) amended by Nos 60/2011 s. 67, 1/2021 s. 56(1)(a). (1) Subject to this Part, the Minister must decide whether to make an amendment requested under section 6A.3.22, either with or without changes from that originally requested, and must give written notice of the decision to the keno licensee and to any keno licensee who lodged an objection under section 6A.3.22B. S. 6A.3.23(1A) inserted by No. 58/2009 s. 97(1), amended by No. 1/2021 s. 56(1)(b). (1A) The Minister may, at any time, decide to make an amendment to a keno licence and give written notice of the decision to the keno licensee. S. 6A.3.23(1B) inserted by No. 58/2009 s. 97(1), amended by No. 1/2021 s. 56(1)(b). (1B) Before making an amendment to a keno licence under subsection (1A), the Minister must notify the keno licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action. S. 6A.3.23(2) substituted by No. 58/2009 s. 97(2), amended by Nos 1/2021 s. 56(1)(c), 23/2025 s. 74(Sch. 1 item 2.34). (2) In deciding whether or not to make an amendment, the Minister must have regard to any objections lodged under section 6A.3.22B, and must take into account whether, in the Minister's opinion— (3) If the Minister amends a keno licence under this section, the Minister must cause— (a) notice of the amendment to be published in the Government Gazette as soon as practicable after the licence is amended; and (b) a copy of the amendment to be— (ii) subject to subsection (4), presented to each House of Parliament within 7 sitting days of the House after the licence is amended. (a) may exclude information from the amendment, or the licence as amended, if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (5) Subject to subsection (6), the Commission must cause a copy of the amendment, or the licence as amended, to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (4)(b). (6) If the Minister has excluded information from an amendment under subsection (4), the Commission must exclude that information from the copy of the amendment, or the licence as amended, it makes available under subsection (5). S. 6A.3.23(7) amended by No. 58/2009 s. 97(3). (7) An amendment takes effect when notice of the decision to make the amendment is given to the licensee under subsection (1) or (1A) or on a later date specified in the notice. S. 6A.3.23A inserted by No. 60/2011 s. 68. 6A.3.23A Prohibition on lobbying for amendment of licence S. 6A.3.23A(1) amended by No. 1/2021 s. 79(1). (1) A lobbyist must not in relation to a request for an amendment to a keno licence under section 6A.3.22 carry out a lobbying activity for or on behalf of an interested person. S. 6A.3.23A(2) amended by No. 1/2021 s. 79(1). (2) The Minister may refuse to consider a request to amend a keno licence if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity. S. 6A.3.24 inserted by No. 40/2008 s. 17. 6A.3.24 Surrender of licence S. 6A.3.24(1) amended by No. 1/2021 s. 79(3). (1) A keno licensee may surrender a keno licence by giving at least 12 months' written notice to the Minister. S. 6A.3.24(3) amended by No. 23/2025 s. 74(Sch. 1 item 2.35). (3) The Minister may consent subject to any conditions the Minister thinks fit, and those conditions remain in effect after the surrender in accordance with their terms. Division 5—Monitoring and disciplinary action S. 6A.3.25 inserted by No. 40/2008 s. 17, repealed by No. 56/2010 s. 61(6). S. 6A.3.26 inserted by No. 40/2008 s. 17. 6A.3.26 Grounds for disciplinary action Each of the following is a ground for disciplinary action in relation to a keno licence— (a) the keno licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; (b) the keno licensee has been found guilty of an offence against a gaming Act; (c) the keno licensee, or an associate of the licensee, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; (d) the keno licensee has contravened— S. 6A.3.26(d)(i) amended by No. 56/2010 s. 44(1). (ii) the keno rules; or (iii) a provision of this Act (being a provision a contravention of which does not constitute an offence); S. 6A.3.26(da) inserted by No. 14/2023 s. 69. (da) the keno licensee has contravened— (i) a provision of the **Gambling Taxation Act 2023** or regulations made under that Act; or (ii) a provision of the **Taxation Administration Act 1997**, or regulations made under that Act, as that provision applies to the **Gambling Taxation Act 2023** or regulations made under the **Gambling Taxation Act 2023**; S. 6A.3.26(e) amended by No. 56/2010 s. 44(2). (e) the keno licensee has contravened an agreement referred to in section 6A.3.10, 6A.3.10A, 6A.3.20 or 6A.3.34A; (f) the keno licensee has failed to discharge financial obligations to a player; S. 6A.3.26(g) amended by No. 40/2025 s. 27. (g) the keno licensee becomes a Chapter 5 body corporate or otherwise becomes insolvent; S. 6A.3.26(h) amended by No. 40/2008 s. 32(3)(a). (h) the keno licence was obtained by a materially false or misleading representation or in some other improper way; S. 6A.3.26(i) inserted by No. 40/2008 s. 32(3)(b). (i) the keno licensee has repeatedly breached the licensee's Responsible Gambling Code of Conduct. S. 6A.3.27 inserted by No. 40/2008 s. 17. 6A.3.27 Commission may take or recommend disciplinary action (1) If the Commission considers that there is a ground for taking disciplinary action in relation to a keno licence, the Commission may give the keno licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice. (2) The licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken. (i) issue a letter of censure to the licensee; (ii) fine the licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; or (b) may make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 6A.3.28. (5) A letter of censure may censure the licensee in respect of any matter connected with the management or operation of its keno business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure. (a) fine the licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; or (b) make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 6A.3.28. (7) The Commission may fine the licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter. S. 6A.3.28 inserted by No. 40/2008 s. 17. 6A.3.28 Minister may take disciplinary action (1) If the Commission makes a report to the Minister under section 6A.3.27, the Minister may— (i) amend the licence; or (ii) suspend the licence; or (b) if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the licensee under section 6A.3.27(3)(a). S. 6A.3.28 (2)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.36). (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 6A.3.27; and (c) is not required to give the licensee a further opportunity to be heard or make submissions. (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 6A.3.27(3)(a). (4) Cancellation, suspension or amendment of a licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice. S. 6A.3.29 inserted by No. 40/2008 s. 17. 6A.3.29 Suspension of licence pending criminal proceedings (1) The Minister may suspend a keno licence by giving written notice to the keno licensee if the Minister is satisfied that the licensee or an executive officer of the licensee has been charged with— (b) an offence arising out of or in connection with the management or operation of a keno business; or (c) an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the management or operation of a keno business. S. 6A.3.30 inserted by No. 40/2008 s. 17. 6A.3.30 Effect of licence suspension A keno licence is of no effect for the purposes of Part 2 while it is suspended. S. 6A.3.30A inserted by No. 56/2010 s. 45. 6A.3.30A Disciplinary and other action against keno licensee—preparatory action (1) Despite anything to the contrary in this Part— S. 6A.3.30A(1)(a) amended by No. 1/2021 s. 79(2). (a) the Commission may take or recommend disciplinary action against a keno licensee under section 6A.3.27; or S. 6A.3.30A (1)(b)(i) amended by No. 1/2021 s. 79(2). (i) take disciplinary action under section 6A.3.28 against a keno licensee; or S. 6A.3.30A (1)(b)(ii) amended by No. 1/2021 s. 79(1). (ii) suspend a keno licence under section 6A.3.29— during the period in which the keno licensee is authorised to take preparatory action under section 6A.3.12. (2) Despite section 6A.3.11(1)(a), for the purpose of subsection (1) the keno licence is taken to be in effect. Division 6—Temporary keno licence S. 6A.3.31 inserted by No. 40/2008 s. 17. 6A.3.31 Temporary keno licence S. 6A.3.31(1) amended by No. 58/2009 s. 98(1). (1) If a keno licence (the ***original licence***) is cancelled, suspended or surrendered under this Part, the Minister may, subject to subsection (1A), issue a temporary keno licence and appoint a temporary keno licensee for the period determined by the Minister. S. 6A.3.31(1A) inserted by No. 58/2009 s. 98(2). (1A) The Minister may, in accordance with subsection (2A), issue a temporary keno licence and appoint a temporary keno licensee for a period of 90 days. S. 6A.3.31(2) amended by No. 40/2008 s. 32(4), substituted by No. 58/2009 s. 98(3). (2) The Minister may issue a temporary keno licence under subsection (1) only if satisfied that— (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a keno business. S. 6A.3.31(2A) inserted by No. 58/2009 s. 98(3). (2A) The Minister may issue a temporary keno licence under subsection (1A) only if satisfied that— (b) the proposed licensee is a suitable person to be concerned in the management and operation of a keno business, taking into account the period of time for which the licence is issued. S. 6A.3.31(3) amended by Nos 40/2008 s. 32(5), 58/2009 s. 98(4). (3) Subject to subsections (1A) and (2A), a temporary keno licence is issued on the terms and conditions the Minister thinks fit and nothing in Division 2 (other than section 6A.3.9A or 6A.3.14) applies to the issue of the temporary licence. S. 6A.3.31(4) amended by Nos 29/2009 s. 73, 58/2009 s. 98(5). (4) In determining whether to issue a temporary keno licence under subsection (1), the Minister— (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 6A.3.32. S. 6A.3.31(4A) inserted by No. 58/2009 s. 98(6). (4A) In considering whether to issue a temporary licence under subsection (1A), the Minister— (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 6A.3.32A. S. 6A.3.31(5) repealed by No. 23/2025 s. 63. S. 6A.3.32 (Heading) amended by No. 58/2009 s. 99(1). S. 6A.3.32 inserted by No. 40/2008 s. 17. 6A.3.32 Report to Minister by Commission for a temporary keno licence S. 6A.3.32(1) amended by No. 58/2009 s. 99(2). (1) If the Minister is considering issuing a temporary keno licence under section 6A.3.31(1), the Minister may request the Commission to give a written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary keno licence. S. 6A.3.32A inserted by No. 58/2009 s. 100. 6A.3.32A Report to Minister by Commission for a temporary keno licence issued for 90 days (1) If the Minister is considering issuing a temporary keno licence under section 6A.3.31(1A), the Minister may request the Commission to give a preliminary written report to the Minister— (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. S. 6A.3.33 inserted by No. 40/2008 s. 17. 6A.3.33 Arrangements with former licensee (1) A temporary keno licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee. (2) The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1). (3) The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1). S. 6A.3.33(4) def. of *former licensee* substituted by No. 23/2025 s. 64. ***former licensee*** means the person who was the keno licensee— (b) under a temporary keno licence immediately before its cancellation or other termination. S. 6A.3.34 inserted by No. 40/2008 s. 17. 6A.3.34 Further provisions for temporary licence S. 6A.3.34(1) amended by No. 58/2009 s. 101(1). (1) Subject to subsection (1A), a temporary keno licence— S. 6A.3.34(1A) inserted by No. 58/2009 s. 101(2). (1A) A temporary keno licence issued under section 6A.3.31(1A) may be extended once only for a period of 90 days. (2) If a temporary keno licence (including a temporary licence issued under this subsection) is cancelled or otherwise terminates (other than under subsection (1)(c)), the Minister may issue a further temporary keno licence and appoint a further temporary licensee for the period determined by the Minister. (3) For the avoidance of doubt, sections 6A.3.31(2), (3) and (4), 6A.3.32 and 6A.3.33 apply to the issue of a temporary licence under subsection (2). (4) The cumulative periods for which a temporary keno licence may be issued or extended under this Division cannot exceed 3 years after the day on which the original licence was cancelled, suspended or surrendered (as the case may be). S. 6A.3.34A inserted by No. 58/2009 s. 102. 6A.3.34A Related agreements with temporary keno licensee (1) Subject to this section, the Minister, by written notice, may direct a temporary keno licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary keno licence with— (2) Before giving a direction under subsection (1), the Minister must consult with the temporary keno licensee. (a) must warn the temporary keno licensee of the Minister's powers under this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (4) The temporary keno licensee must comply with a direction under subsection (1). (5) The temporary keno licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. S. 6A.3.34B inserted by No. 58/2009 s. 102. 6A.3.34B No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 6A.3.34A or entering into an agreement in compliance with a direction under section 6A.3.34A. Ch. 6A Pt 3 Div. 6A (Heading and ss 6A.3.34C− 6A.3.34F) inserted by No. 1/2021 s. 57. Division 6A—Requirements in relation to registered players S. 6A.3.34C inserted by No. 1/2021 s. 57. 6A.3.34C Definitions ***keno funds*** means all money standing to the credit of a registered player in an account with the keno licensee with whom they are registered that is operated for the purpose of enabling the registered player to purchase a ticket in an approved keno game directly from the licensee; ***registered player*** means a person registered with a keno licensee— (a) who may purchase a ticket in an approved keno game directly from the licensee; and (b) who, as a requirement of that registration, has an account with the licensee for the purpose of enabling the registered player to purchase a ticket in an approved keno game directly from the licensee. S. 6A.3.34D inserted by No. 1/2021 s. 57. 6A.3.34D Verification of registered player's identity A keno licensee must ensure that a registered player's identity is verified in accordance with the conditions of the licensee's keno licence. Penalty: 600 penalty units. S. 6A.3.34E inserted by No. 1/2021 s. 57. 6A.3.34E Keno funds of registered players (1) A keno licensee must hold all keno funds of a registered player on trust for that registered player. (2) A keno licensee must not disburse or otherwise deal with keno funds of a registered player held on trust except— (a) as authorised under this Act; or (b) as authorised under an agreement between the keno licensee and the registered player; or (c) as the Commission authorises by notice in writing from time to time. (3) A keno licensee may, in accordance with the keno rules of the licensee, debit from the keno funds of a registered player the amount of a ticket in an approved keno game purchased directly from the licensee. (4) A keno licensee must remit any funds to a registered player under a request made under subsection (5). (5) A registered player, or an authorised representative of the registered player, may request a keno licensee to remit any keno funds of the registered player held by the licensee. (6) A keno licensee must comply with a request made under subsection (5) within one business day after the request is received. (7) Subsections (4), (5) and (6) apply only after the registered player's identity has been verified under section 6A.3.34D and apply subject to any applicable laws of the Commonwealth. (8) If a keno licensee has not recorded on behalf of a registered player for a period of 2 years a ticket purchased using keno funds, the licensee must— (a) remit to the registered player any keno funds held on trust for the player; or (b) if the registered player cannot be found, deal with the funds as unclaimed money under the **Unclaimed Money Act 2008**. S. 6A.3.34F inserted by No. 1/2021 s. 57. 6A.3.34F Disclosure of names of registered players On the written request of the Commission, a keno licensee must provide the Commission with a list of all the licensee's registered players. Division 7—Further information-gathering powers and obligations S. 6A.3.35 inserted by No. 40/2008 s. 17. 6A.3.35 Definitions ***applicant*** means applicant for a keno licence; ***application*** means application for a keno licence; S. 6A.3.35 def. of *interested person* amended by No. 20/2018 s. 43(a). (c) an associate of an applicant; (d) a person who the Secretary considers may become an associate of an applicant. S. 6A.3.35 def. of *registrant* repealed by No. 20/2018 s. 43(b). S. 6A.3.35 def. of *registration of interest* repealed by No. 20/2018 s. 43(b). S. 6A.3.36 inserted by No. 40/2008 s. 17. 6A.3.36 Secretary may require further information (1)(a) amended by No. 20/2018 s. 44. (a) to provide, in accordance with directions in the notice, any information that is relevant to the consideration of the application and is specified in the notice; (1)(b) amended by No. 20/2018 s. 44. (b) to produce, in accordance with directions in the notice, any records relevant to the consideration 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); (d) to provide the Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons. S. 6A.3.36(2) amended by No. 20/2018 s. 44. (2) The Secretary may give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Commission if the Secretary considers that the information or record is relevant to an investigation or inquiry by the Commission in relation to the application. (3)(b) amended by No. 20/2018 s. 44. S. 6A.3.37 inserted by No. 40/2008 s. 17. 6A.3.37 Updating information provided to Secretary (a) the Secretary requires information (including information in any records) from an interested person under section 6A.3.36; and S. 6A.3.37 (1)(b) amended by No. 20/2018 s. 45(1). S. 6A.3.37(2) amended by No. 20/2018 s. 45(2). (2) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (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. 6A.3.38 (Heading) amended by No. 20/2018 s. 46(1). S. 6A.3.38 inserted by No. 40/2008 s. 17. 6A.3.38 Updating information provided to Minister regarding licence application S. 6A.3.38(1) repealed by No. 20/2018 s. 46(2). (2) If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. S. 6A.3.38(3) amended by No. 20/2018 s. 46(3). (3) The Minister must give the particulars of a change referred to in subsection (2) to the Secretary. S. 6A.3.38(4) amended by No. 20/2018 s. 46(3)(4). (4) The Secretary may give the particulars of a change referred to in subsection (2) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. S. 6A.3.38(5) amended by No. 20/2018 s. 46(3)(5). (5) When particulars of a 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 (2) to any further change in the relevant information. (a) any information contained in an application for a keno licence; or S. 6A.3.38(6) def. of *relevant registration information* repealed by No. 20/2018 s. 46(6). S. 6A.3.39 inserted by No. 40/2008 s. 17. 6A.3.39 Updating licence transfer application (1) If a change occurs in any relevant information before an application for transfer of a keno licence is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. (2) The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (3) When particulars of a 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) to any further change in the relevant information. (a) any information contained in an application for transfer of a keno licence; or S. 6A.3.39A inserted by No. 58/2009 s. 103. 6A.3.39A Directions to provide information S. 6A.3.39A(1) amended by No. 1/2021 s. 79(2). (1) The Minister may give a written direction to a keno licensee, requiring the licensee to provide to the Minister any information or document, or any class of information or document, that— (a) is in the possession or under the control of the licensee; and (b) in the opinion of the Minister relates to the activities conducted under the keno licence. (2) A keno licensee must comply with a direction under subsection (1). (3) The Minister may, subject to any conditions the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to the Commission and to either or both of the following— (3)(a) amended by Nos 20/2018 s. 47(a), 1/2021 s. 79(1). (a) persons who the Minister is considering to invite to apply for a keno licence under this Part; (3)(ab) inserted by No. 20/2018 s. 47(b), amended by No. 1/2021 s. 79(1). (ab) persons who are invited to apply for a keno licence under this Part; (3)(b) amended by Nos 20/2018 s. 47(c), 1/2021 s. 79(1). (b) persons who apply for a keno licence under this Part. (4) No compensation is payable by the State in respect of anything done under this section or in compliance with a direction under this section. S. 6A.3.39B inserted by No. 58/2009 s. 103. 6A.3.39B Directions to licensee S. 6A.3.39B(1) amended by No. 1/2021 s. 79(1)(2). (1) The Commission may give a written direction to a keno licensee relating to the conduct of activities authorised under a keno licence and the licensee must comply with the direction as soon as it takes effect. (2) The direction takes effect when it is given to the licensee or at the later time specified in the direction. (3) The power conferred by this section includes a power to give a direction to a licensee to adopt, vary, cease or refrain from any practice in respect of the conduct of the licence. S. 6A.3.39C inserted by No. 58/2009 s. 103. 6A.3.39C Claim for prize S. 6A.3.39C(1) amended by No. 1/2021 s. 80(1). (1) If a claim for a prize in an approved keno game is made to a keno licensee and that prize has not been paid to the Treasurer in accordance with section 6A.3.39D(1), the licensee must— (a) immediately try to resolve the claim; and (b) if the licensee is not able to resolve the claim, promptly give the claimant written notice— (i) of the licensee's decision on the claim; and (ii) that the claimant may, within 10 days after receiving the notice, ask the Commission to review the decision. (2) If the claim is not resolved, the claimant may ask the Commission— (a) if the claimant has received a notice under subsection (1)(b), to review the licensee's decision on the claim; or (b) if no notice has been received, to resolve the claim. (3) A request to the Commission under subsection (2)— (b) if the claimant received a notice under subsection (1)(b), must be made within 10 days after receiving the notice. (4) If a request is made to the Commission, the Commission may carry out any investigations the Commission considers necessary to resolve matters in dispute. S. 6A.3.39D inserted by No. 58/2009 s. 103. 6A.3.39D Unclaimed prizes S. 6A.3.39D(1) amended by Nos 1/2021 s. 58(a), 28/2022 s. 135. (1) On or before the last day of each month (the ***payment month***), a keno licensee must pay to the Treasurer an amount equal to the sum of all prizes won that have remained unclaimed for not less than 12 months on the first day of that payment month less the expenses of the keno licensee reasonably incurred in searching for the persons entitled to those prizes. S. 6A.3.39D(2) amended by No. 1/2021 s. 58(b). (2) For the purposes of subsection (1), a prize that has been won in an approved keno game, where the record of entry relates to more than one approved keno game conducted during a period, is deemed to have been won on the date when winners of prizes in the last game recorded on the record of entry are determined. (3) If a claimant makes a demand against the Treasurer for money paid to the Treasurer under subsection (1), the Treasurer, on being satisfied that the claimant is the owner of the money demanded, must direct that it be paid to the claimant out of money available for the purpose. Ch. 6A Pt 3 Div. 8 (Heading and s. 6A.3.40) inserted by No. 71/2008 s. 35. S. 6A.3.40 inserted by No. 71/2008 s. 35, amended by No. 23/2025 s. 74(Sch. 1 item 2.37). 6A.3.40 Powers of Secretary Ch. 6A Pt 4 (Heading) amended by No. 52/2021 s. 49. Part 4—Returns to players, commission, supervision charge and funds S. 6A.4.1 inserted by No. 40/2008 s. 17. 6A.4.1 Returns to players S. 6A.4.1(1) substituted by No. 20/2018 s. 48, amended by No. 1/2021 s. 59(a). (1) A keno licensee must establish a prizes fund. S. 6A.4.1(2) amended by No. 27/2013 s. 16(1), substituted by No. 20/2018 s. 48, amended by No. 1/2021 s. 59(b)(i). (2) A keno licensee must pay to the prizes fund— S. 6A.4.1(2)(a) amended by No. 1/2021 s. 59(b)(ii). (a) an amount not less than 75% of the total amount received by the licensee for any approved keno game; and (b) any additional amount (***licensee payment***) required for the payment of a prize to be made from the prizes fund. S. 6A.4.1(2A) inserted by No. 20/2018 s. 48, amended by No. 1/2021 s. 59(c). (2A) A keno licensee must ensure a total payment of prizes to players from the prizes fund is made that gives a minimum return to players, in respect of approved keno games conducted under the keno licence, of not less than 75% of the total amount paid by players to play approved keno games during the term of the licence. S. 6A.4.1(2B) inserted by No. 20/2018 s. 48, amended by No. 1/2021 s. 59(d). (2B) Subject to subsection (2A), an amount may be paid from the prizes fund to a keno licensee that is equal to the amount of a licensee payment that has formed part of a prize paid from the prizes fund. S. 6A.4.1(3) inserted by No. 27/2013 s. 16(2). (3) A reference in this section to a prizes fund established by the licensee includes a reference to a common jackpot prize pool established under an approved keno linked jackpot arrangement. Ch. 6A Pt 4 Div. 2 (Heading and s. 6A.4.2) amended by Nos 40/2008 s. 17, 32/2012 s. 33, substituted by No. 52/2021 s. 50. Division 2—Commission S. 6A.4.2 substituted by No. 52/2021 s. 50. 6A.4.2 Commission payable to sales agent (1) Any commission to a sales agent of a keno licensee may be paid by the licensee only out of the licensee's share of keno revenue. S. 6A.4.2(2) amended by No. 14/2023 s. 70. (2) For the purposes of subsection (1), a keno licensee's share of keno revenue is the keno licensee's keno revenue less the tax payable by the licensee under Part 3 of the **Gambling Taxation Act 2023** on that keno revenue. Division 3—Supervision charge S. 6A.4.3 inserted by No. 40/2008 s. 17. 6A.4.3 Supervision charge S. 6A.4.3(1) amended by No. 1/2021 s. 79(3). (1) A keno licensee must pay to the Treasurer a supervision charge in the instalments and in respect of the periods in each financial year determined by the Treasurer from time to time. S. 6A.4.3(2) amended by No. 1/2021 s. 80(2). (2) The supervision charge is the amount in respect of each financial year as the Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Commission in carrying out its functions and powers in respect of approved keno games. (3) The Treasurer may waive payment of part or all of the supervision charge in respect of a financial year, having regard to the total amount of revenue received by the keno licensee in the previous financial year. (4) The supervision charge is a tax. Division 4—Funds S. 6A.4.4 (Heading) amended by No. 14/2023 s. 71(1). S. 6A.4.4 inserted by No. 40/2008 s. 17. 6A.4.4 Hospitals and Charities Fund S. 6A.4.4(1) amended by No. 52/2021 s. 51(1), repealed by No. 14/2023 s. 71(2). (2) An amount or amounts equal to the premium payment paid under section 6A.3.13 must be paid out of the Consolidated Fund, at the time or times determined by the Treasurer, into the Hospitals and Charities Fund. (3) The Consolidated Fund is appropriated to the necessary extent for payment to be made under this section. S. 6A.4.4(4) inserted by No. 52/2021 s. 51(2), repealed by No. 14/2023 s. 71(2). Ch. 6A Pt 4A (Headings and ss 6A.4A.1–6A.4A.14) inserted by No. 52/2021 s. 52, repealed by No. 14/2023 s. 72. Part 5—Compliance requirements Division 1—Accounting records S. 6A.5.1 inserted by No. 40/2008 s. 17. 6A.5.1 Accounting records S. 6A.5.1(1) amended by No. 1/2021 s. 79(3). (1) A keno licensee must keep accounting records that correctly record and explain the transactions and financial position of the operations of the licensee under this Chapter. (2) The licensee must keep the accounting records in a form and manner that will enable— (a) true and fair financial statements and accounts to be prepared from time to time; and (b) those financial statements and accounts to be conveniently and properly audited. Division 2—Complaints S. 6A.5.2 inserted by No. 40/2008 s. 17. 6A.5.2 Investigation of complaints S. 6A.5.2(1) amended by No. 1/2021 s. 80(2). (1) On receiving a complaint from a person relating to the conduct of approved keno games, the Commission must investigate the complaint without delay. (2) The Commission must inform the keno licensee of the substance of the complaint and give the licensee a reasonable opportunity to respond to it. Ch. 6A Pt 6 (Heading) substituted by No. 1/2021 s. 60. Ch. 6A Pt 6 (Heading and s. 6A.6.1) inserted by No. 58/2009 s. 104. Part 6—Competition authorisations S. 6A.6.1 inserted by No. 58/2009 s. 104. 6A.6.1 Trade Practices Act and Competition Code (1) For the purposes of the [Trade Practices Act 1974](http://www.comlaw.gov.au/) of the Commonwealth and the Competition Code the following things are authorised by this Act— (a) the grant of a keno licence or a temporary keno licence; (b) conduct authorised or required by or under the conditions of a keno licence or a temporary keno licence; (c) entering into a related agreement referred to in section 6A.3.10, 6A.3.10A or 6A.3.34A; (d) amending a related agreement referred to in section 6A.3.10, 6A.3.10A or 6A.3.34A; (e) giving effect to a related agreement referred to in section 6A.3.10, 6A.3.10A or 6A.3.34A (whether amended or not). Ch. 6A Pt 7 (Heading and ss 6A.7.1− 6A.7.6) inserted by No. 1/2021 s. 61. Part 7—Harm minimisation directions—keno game providers S. 6A.7.1 inserted by No. 1/2021 s. 61. 6A.7.1 Definitions ***harm minimisation direction*** means a direction made or varied under section 6A.7.2; ***harm minimisation requirement*** means a matter under section 6A.7.3 that may be specified in a harm minimisation direction; ***keno game provider*** means— (a) a keno licensee; or (b) a person authorised or permitted to conduct a keno game, in Victoria or elsewhere, under a licence, other than a keno licence, issued under this or another Act; or (c) a person authorised or permitted to conduct a keno game, in Victoria or elsewhere, under the law of another State or a Territory; or (d) an employee or agent of a person mentioned in paragraph (a), (b) or (c). S. 6A.7.2 inserted by No. 1/2021 s. 61. 6A.7.2 Harm minimisation direction (1) The Minister, by notice published in the Government Gazette, may direct a keno game provider to meet a specified harm minimisation requirement in relation to keno games offered to persons located in Victoria. (2) The Minister must not give a direction under subsection (1) unless the Minister is satisfied it is in the public interest to do so. (3) The Minister, by notice published in the Government Gazette, may vary or revoke a direction. (4) Subject to subsection (5), a direction or a variation or revocation of a direction takes effect on the day notice of the direction, variation or revocation is published in the Government Gazette or on any later day specified in the direction. (5) A direction that prohibits the conduct of a keno game or keno games of a class, or a variation of such a direction, cannot take effect earlier than 30 days after the day notice of the direction or variation is published in the Government Gazette. (6) A direction remains in force until it is revoked by the Minister. S. 6A.7.3 inserted by No. 1/2021 s. 61. 6A.7.3 Harm minimisation requirement matters (1) A harm minimisation direction may specify all or any of the following matters in relation to a keno game provider— (a) any matter that the keno game provider must comply with in relation to the minimisation of harm or consumer protection; (b) how the keno game provider must comply with any matter in relation to the minimisation of harm or consumer protection; (c) that the keno game provider must comply with the whole or part of the requirements set out in a prescribed document; (d) how the keno game provider must meet any of the requirements set out in a prescribed document. (2) Without limiting subsection (1) or section 6A.7.2, a harm minimisation direction may prohibit the conduct of a keno game or keno games of a class. (3) A harm minimisation direction may— (a) apply generally or be of limited application; and (b) apply differently according to differences in time, place or circumstances; and (c) exempt a keno game provider or class of keno game provider, or keno game or class of keno game, from any requirement of the direction. S. 6A.7.4 inserted by No. 1/2021 s. 61. 6A.7.4 Tabling and disallowance (1) The Minister must ensure that a harm minimisation direction or a variation or revocation of a harm minimisation direction is tabled in each House of Parliament within 6 sitting days of that House after— (a) the date on which the notice of the harm minimisation direction is published in the Government Gazette under section 6A.7.2(1); or (b) the date on which notice of the variation or revocation is published in the Government Gazette under section 6A.7.2(3). (2) A harm minimisation direction or a variation or revocation of a harm minimisation direction may be disallowed by the Parliament. (3) If a harm minimisation direction or a variation or revocation of a direction is disallowed by the Parliament, no direction, variation or revocation of a direction which is the same in substance as the disallowed direction, variation or revocation of a direction may be made within 6 months after the date of the disallowance unless it is made with the approval of the Parliament. (4) Any harm minimisation direction or variation or revocation of a direction made in contravention of subsection (3) is void and of no effect. S. 6A.7.5 inserted by No. 1/2021 s. 61. 6A.7.5 Act prevails over harm minimisation direction A harm minimisation direction is of no effect to the extent that it is inconsistent with this Act. S. 6A.7.6 inserted by No. 1/2021 s. 61. 6A.7.6 Offence to not comply with a harm minimisation direction A keno game provider must comply with a harm minimisation direction that applies to the keno game provider. Ch. 7 (Headings and ss 7.1.1–7.8.1) amended by Nos 10/2004 s. 15(Sch. 1 item 10.8), 45/2004 ss 31–33, 104/2004 ss 21, 39(5)(o), 72/2007 ss 29–34, 40/2008 s. 18, 71/2008 s. 29(c), 73/2008 s. 25, 68/2009 s. 97(Sch. item 62.13), 56/2010 s. 61(5), 62/2017 ss 56(9), 57(10), 13/2019 s. 221(Sch. 1 item 18), 1/2021 s. 62, repealed by No. 28/2022 s. 126. Chapter 8—Community and charitable gaming 8.1.1 Purpose The purpose of this Chapter is to provide for the regulation, supervision and control of gaming for the benefit of community or charitable organisations with the aims of ensuring that— (a) community and charitable gaming is conducted honestly and is free from criminal influence and exploitation; (b) activities authorised by a minor gaming permit benefit the community or charitable organisation to which the permit is issued; (c) practices which could undermine public confidence in community and charitable gaming are eliminated; S. 8.1.1(d) amended by No. 104/2004 s. 22. (d) bingo centre operators and commercial raffle organisers do not act unfairly in providing commercial services to community or charitable organisations. 8.1.2 Definitions ***amend***, in relation to a permit or licence, includes amend or substitute or impose a condition on the permit or licence; ***associate*** of a bingo centre operator does not include a relative of the operator; The general definition of ***associate*** can be found in section 1.4. ***gross proceeds***, in relation to a bingo game or session of bingo games, means the gross receipts less the prizes paid for that game or session; ***gross receipts***, in relation to a bingo game or a session of bingo games, means the total amount paid by players in that game or session for tickets; ***lucky envelope*** means a ticket in a lottery in which the tickets which entitle the holders to claim a prize have been determined and announced before the commencement of the sale of tickets in the lottery; S. 8.1.2 def. of *lucky envelope vending machine* amended by No. 28/2022 s. 127(g). ***lucky envelope vending machine*** means a machine, device or contrivance that is constructed to dispense lucky envelopes by an operation that involves the insertion in the machine, device or contrivance of a coin, token or similar object but does not include a gaming machine; S. 8.1.2 def. of *nominee* amended by Nos 104/2004 s. 23, 27/2013 s. 17. ***nominee*** means— (a) in relation to a minor gaming permit, the natural person nominated by a community or charitable organisation and approved by the Commission in accordance with section 8.3.16; (ab) in relation to the conduct of sessions of bingo by a community or charitable organisation, the natural person nominated by the organisation under section 8.4.2A(2)(c) or 8.4.2B(2)(a); (b) in relation to a bingo centre operator's licence, the natural person nominated by a body corporate and approved by the Commission in accordance with section 8.5.9; (c) in relation to a commercial raffle organiser's licence, the natural person nominated by a body corporate and approved by the Commission in accordance with section 8.5A.9. S. 8.1.2 def. of *session* inserted by No. 71/2008 s. 20(1). ***session*** of bingo means a session comprising no more than 30 games of bingo conducted within an 8 hour period; Part 2—Legality of community and charitable gaming 8.2.1 Community and charitable gaming declared lawful (1) The playing of a game that is conducted in accordance with this Chapter is lawful and is not a public or private nuisance. (2) The premises at which a game is played in accordance with this Chapter is not a common gaming house or place. S. 8.2.2 (Heading) substituted by No. 104/2004 s. 24(1). S. 8.2.2 amended by Nos 104/2004 s. 24(2), 56/2010 s. 46. 8.2.2 Minor gaming must be in accordance with Chapter etc. (a) conduct or assist in the conduct of a raffle; or S. 8.2.2(b) amended by No. 71/2008 s. 20(2). (b) conduct or assist in the conduct of a session of bingo; or (c) sell or assist in the sale of lucky envelopes; or (d) conduct or assist in the conduct of a fundraising event— otherwise than in accordance with this Chapter, the regulations, any applicable rules made by the Commission under section 8.4.2D and the conditions, if any, of the minor gaming permit, if any, issued in respect of that activity. 1. For a first offence, 20 penalty units; S. 8.2.3 (Heading) amended by No. 18/2025 s. 14. 8.2.3 Permit not required for raffle where prize value $20 000 or less A person aged 18 years or more may conduct a raffle without a minor gaming permit if— S. 8.2.3(a) amended by No. 28/2022 s. 142(a). (a) the value of the prize does not exceed $20 000; and Note to s. 8.2.3(a) inserted by No. 28/2022 s. 142(b). The amount in paragraph (a) is subject to indexation—see section 8.2.3A. (b) the person complies with any conditions prescribed for the purposes of this section; and S. 8.2.3(c) amended by No. 64/2014 s. 39(4). (c) the net proceeds of the raffle are to be paid into a separate account at an ADI, being an account in the name of a community or charitable organisation to be used exclusively for— (i) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the **Patriotic Funds Act 1958** or the fund or part of the fund of the Australian Red Cross Society; or (ii) the purposes of any sporting or recreational club or association of a prescribed kind; or (iii) the purposes of a political party. S. 8.2.3A inserted by No. 28/2022 s. 143. 8.2.3A Indexation of threshold for minor gaming permit for raffles (1) The amount in dollars specified in section 8.2.3(a) must be varied, in respect of the financial year beginning on 1 July 2023 and each subsequent financial year, in accordance with the formula— **A** is the amount specified in section 8.2.3(a) or, if that amount has been varied in accordance with this section, that amount as last so varied; **B** is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made; **C** is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made. (2) An amount calculated under subsection (1) is to be rounded up or down to the nearest $10, with an amount that ends in 5 being rounded up. If the amount calculated is $24 673, it is rounded down to $24 670. If the amount calculated is $24 675, it is rounded up to $24 680. (3) If a calculation under subsection (1) would have the effect of reducing the amount for the purposes of a financial year, the reduction does not take effect and the rate remains the same as for the previous financial year. S. 8.2.4 substituted by No. 71/2008 s. 21. 8.2.4 Bingo sessions conducted by or on behalf of community or charitable organisations (1) A session of bingo may be conducted in accordance with this Chapter and the regulations by— (a) a community or charitable organisation; or (b) a bingo centre operator on behalf of a community or charitable organisation. (2) Nothing in Division 2 or 3 of Part 4 applies to a session of bingo conducted by a community or charitable organisation if— (a) no fee is charged, directly or indirectly, to participate in the bingo; or (b) the whole of the gross receipts from the session of bingo is distributed as prizes during that session. S. 8.2.4A inserted by No. 71/2008 s. 13. 8.2.4A Bingo sessions conducted by others (1) A person, other than a community or charitable organisation or bingo centre operator, may conduct a session of bingo if— (a) either— (i) no fee is charged, directly or indirectly, to participate in the bingo; or (ii) the whole of the gross receipts from the session of bingo is distributed as prizes during that session; and (b) the session of bingo is— (i) not advertised to or open to the general public; and (ii) provided for the entertainment of the players and not intended to provide a commercial benefit to the person conducting the session or to any other person. (2) Nothing in Division 2 or 3 of Part 4 (other than section 8.4.4(3)) applies to a session of bingo conducted by a person authorised by this section to conduct a session of bingo. S. 8.2.5 inserted by No. 104/2004 s. 25. 8.2.5 Disclosure if raffle proceeds to be paid to or for a political party (1) If the proceeds, or part of the proceeds, of a raffle conducted by or on behalf of a community or charitable organisation are to be paid to or for the purposes of a political party, that information must be disclosed, in accordance with the regulations, to purchasers of tickets in the raffle. (2) Subsection (1) does not apply to a raffle conducted by or on behalf of a community or charitable organisation conducted for the purposes of a political party. Part 3—Community or charitable organisations Division 1—Community or charitable organisations 8.3.1 Application to be declared as a community or charitable organisation (1) An organisation may apply to the Commission to be declared a community or charitable organisation. (2) An application under subsection (1) must be— (b) accompanied by the prescribed fee (if any). 8.3.2 Commission may require further information etc. (1) The Commission may, by notice in writing, require an applicant for a declaration 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); (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 applicant from other persons. (2) If a requirement made under this section is not complied with, the Commission may refuse to consider the application concerned. 8.3.3 Commission may make declaration (1) The Commission, by instrument, may declare an organisation to be a community or charitable organisation if the Commission is satisfied that the organisation is conducted in good faith for— (a) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the **Patriotic Funds Act 1958** or the fund or part of the fund of the Australian Red Cross Society; or (b) the purposes of any sporting or recreational club or association of a prescribed kind; or (c) the purposes of a political party. (2) In determining whether to make a declaration under subsection (1), the Commission may have regard to any matter which it considers relevant, including but not limited to— (a) the conduct of fundraising or minor gaming activities by the applicant; (b) the conduct of any person directly or indirectly associated with the applicant. (3) The Commission— (a) must either— (i) declare the applicant to be a community or charitable organisation for the purposes of this Act; or (ii) refuse the application; and (b) must notify the applicant in writing accordingly. (4) If the Commission refuses an application, the Commission may include reasons for that refusal in the written notification under subsection (3). 8.3.4 Can the applicant appeal? (1) If a decision to refuse an application for a declaration is made by a single commissioner, the applicant may appeal against the decision to the Commission within 28 days of notification of the refusal under section 8.3.3. 8.3.5 Commission to determine appeal (1) After consideration of an appeal under section 8.3.4, the Commission may— (b) make a declaration under this Division. (2) The decision of the Commission on an appeal— (a) must be notified in writing to the applicant; and (b) may include the reasons for its decision. (3) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against. S. 8.3.6 substituted by No. 71/2008 s. 14. 8.3.6 Duration of declaration A declaration of an organisation as a community or charitable organisation— (a) takes effect when the instrument of declaration is made; (b) remains in force for a period of 10 years unless the declaration— (i) is revoked in accordance with this Division; or (ii) is renounced by the organisation by notice in writing given to the Commission. A declaration may be suspended under section 8.3.11. S. 8.3.6A inserted by No. 71/2008 s. 14. 8.3.6A Renewal of declaration (1) A community or charitable organisation may, not earlier than 9 months before the expiration of the current declaration, apply to the Commission, for a new declaration as a community or charitable organisation, in which case— (a) the current declaration continues in force, unless sooner revoked or renounced, until the new declaration is made or refused; and (b) if made, the new declaration must be taken to have been made on the day on which the current declaration was due to expire and must be dated accordingly. (2) An application for a new declaration must be made in or to the effect of a form approved by the Commission and must be accompanied by the prescribed fee (if any). (3) This Act applies to and in relation to— (a) an application under this section for a new declaration; and (c) any declaration made as a result of such an application— as if the application has been made by an organisation other than a community or charitable organisation. 8.3.7 Commission may require organisation to show cause (1) The Commission may serve on a community or charitable organisation a notice in writing giving it an opportunity to show cause within 28 days (or the longer period specified in the notice) why the declaration of the organisation as a community or charitable organisation should not be revoked on the ground specified in the notice. (2) The Commission may serve a notice under subsection (1) on any of the following grounds— (a) that it is not in the public interest for the organisation to continue to be declared as a community or charitable organisation; (b) if the organisation is an unincorporated club, that the club is substantially and materially different from the club in respect of which the declaration was made; (c) any other ground which the Commission thinks fit. 8.3.8 Organisation may make submissions An organisation that receives a notice under section 8.3.7 may arrange with the Commission for the making of submissions to the Commission as to why the declaration of the organisation as a community or charitable organisation should not be revoked and the Commission must consider any submission so made. 8.3.9 Revocation of declaration (1) The Commission may revoke a declaration in respect of a community or charitable organisation if— (a) after considering any submission made by the organisation under section 8.3.8, the Commission is satisfied of any of the grounds in section 8.3.7(2); or (b) the organisation does not respond to the notice served under section 8.3.7 within the time specified in the notice. (2) The Commission must— (a) give written notice of the revocation to the organisation; and (b) specify in the notice that the revocation takes effect from the date of the notice or on a later date specified in that notice. 8.3.10 Appeal to Supreme Court (1) An organisation that receives— (a) notice of a decision under section 8.3.5 confirming the refusal of the organisation's application for a declaration; or (b) notice under section 8.3.9 of the revocation of a declaration of the organisation as a community or charitable organisation— may appeal to the Supreme Court against that decision or revocation. (2) An appeal under this section must be made within 21 days after receipt of the notification of the decision or revocation by the appellant. (3) The Supreme Court, on an appeal under this section, if satisfied that proper grounds for making the decision or revocation did not exist— (a) may quash or vary the decision or revocation, either conditionally or unconditionally and with effect from the date of the decision or revocation or some other date; and (b) may make any other order, including consequential or ancillary orders. 8.3.11 Suspension of declaration (1) The Commission may suspend the declaration of an organisation as a community or charitable organisation by giving written notice to the organisation if— (a) the Commission is considering whether to revoke the declaration; and (b) the Commission considers that it is in the public interest to suspend the declaration pending the making of a decision whether or not to revoke it. (2) The Commission may at any time terminate a suspension under subsection (1). (3) Unless terminated earlier by the Commission, a suspension under subsection (1) is terminated when— (a) the Commission revokes the declaration under section 8.3.9; or (b) the Commission decides not to revoke the declaration— whichever is earlier. (4) While a declaration is suspended under subsection (1), the organisation to which it relates is not a community or charitable organisation for the purposes of Division 2. S. 8.3.11A inserted by No. 7/2006 s. 6. 8.3.11A Investigation of community or charitable organisations (1) The Commission may conduct an investigation at any time to determine whether or not the declaration of an organisation as a community or charitable organisation should be revoked. (2) The investigation may include (but is not limited to) an investigation of all or any of the following— (a) a community or charitable organisation; (b) a person who, in the opinion of the Commission, could affect the exercise of the functions of a community or charitable organisation; (c) a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a community or charitable organisation. S. 8.3.11B inserted by No. 7/2006 s. 6. 8.3.11B Provision of information (1) The Commission may, by notice in writing, require a community or charitable organisation— (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— (ii) 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— (ii) 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— (ii) 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 2—Minor gaming permits 8.3.12 Application for minor gaming permit (1) An organisation that— (a) is a community or charitable organisation; or (b) has applied for a declaration as a community or charitable organisation— may apply to the Commission for a minor gaming permit. (2) An application for a minor gaming permit must— (b) specify the activity which the organisation wishes to conduct under the permit and the proposed date of the activity; and S. 8.3.12 (2)(ba) inserted by No. 60/2011 s. 39. (ba) in the case of an application for a minor gaming permit under which the organisation wishes to conduct a raffle—describe each prize; and (c) nominate a natural person aged 18 years or more to be responsible for the conduct of the activity; and S. 8.3.12(2)(d) amended by No. 23/2025 s. 74(Sch. 1 item 2.38). (d) include the consent of the nominee to the nomination; and (e) be accompanied by the prescribed fee in respect of that activity; and (f) be lodged with the Commission not less than 21 days (or any shorter period allowed by the Commission in a particular case) before the day on which the activity is proposed to commence. 8.3.13 Determination of application (1) The Commission must determine an application for a minor gaming permit having regard to— (a) whether the applicant is a community or charitable organisation; and S. 8.3.13(1)(b) amended by No. 104/2004 s. 26(a). (b) whether the person nominated by the applicant is of good repute and character; and S. 8.3.13(1)(c) inserted by No. 104/2004 s. 26(b). (c) if the applicant, or an associate of the applicant, has previously conducted any activity referred to in section 8.3.14(1), the manner in which that activity was conducted. (2) The Commission must either issue a minor gaming permit to the applicant or refuse the application and must notify the applicant in writing accordingly. S. 8.3.13(2A) inserted by No. 60/2011 s. 40. (2A) Without limiting the grounds on which the Commission may refuse an application for a minor gaming permit, the Commission must refuse an application if, in the Commission's opinion, the activity the organisation wishes to conduct under the permit is offensive or contrary to the public interest. S. 8.3.13(2B) inserted by No. 60/2011 s. 40. (2B) To avoid doubt, the activity referred to in subsection (2A) includes making available any prize to be won. (3) A minor gaming permit is subject to— (a) the prescribed conditions in respect of the activity authorised by the permit; and (b) any other conditions the Commission imposes. 8.3.14 What does a minor gaming permit authorise? (1) A minor gaming permit authorises the holder of the permit, subject to this Chapter and any conditions to which the permit is subject— (a) to conduct a raffle; or S. 8.3.14(1)(b) repealed by No. 71/2008 s. 22. (c) to sell lucky envelopes; or (d) to conduct a fundraising event— as specified in the permit. (2) A minor gaming permit does not authorise the holder of the permit to do anything specified in subsection (1) at any time when the holder is not a community or charitable organisation. S. 8.3.14(3) inserted by No. 28/2022 s. 136. (3) A minor gaming permit does not authorise the holder of the permit to conduct a fundraising event either wholly or in part via a website or any other online platform or interface. 8.3.15 Duration of minor gaming permit A minor gaming permit remains in force for the period not exceeding 2 years specified in the permit, unless sooner cancelled or surrendered. 8.3.16 Nominee of organisation (1) On the issue of a minor gaming permit to a community or charitable organisation, the natural person nominated by the organisation is responsible on behalf of the organisation for the conduct of the activity specified in the permit and is liable under this Act as holder of the permit. (2) If a nominated person resigns, is dismissed or leaves the community or charitable organisation— (a) the organisation must nominate another natural person within 7 days (or any longer period allowed by the Commission in a particular case) after the resignation, dismissal or leaving; and (b) the directors of the organisation or the members of the managing committee of the organisation (as the case may be) are severally liable under this Act as holder of the permit until such time as another person is nominated and approved by the Commission. (3) The liability of the holder of a minor gaming permit is not limited under this Act by the nomination and approval of its nominee except in respect of a contract entered into under section 8.4.6. 8.3.17 Amendment of permit conditions (1) The conditions of a minor gaming permit (other than prescribed conditions) may be amended in accordance with this section. (a) by the holder of the permit by— (i) requesting the Commission in writing to make the amendment; and (ii) giving reasons for the proposed amendment; and (iii) paying the prescribed fee; or (b) by the Commission by giving notice in writing of the proposed amendment and giving reasons to the holder of the permit. (3) An amendment proposed by the Commission must be in the public interest. (4) The Commission must give the holder of the permit at least 28 days to make a submission to the Commission concerning any proposed amendment (whether proposed by the Commission or the holder) and must consider any submission made. (5) The holder of a permit may waive their right under subsection (4) to make a submission by giving notice in writing to the Commission. (6) The Commission must then decide whether to make the proposed amendment, either with or without changes to the amendment originally proposed, and must notify the holder of the permit of its decision. (7) An amendment takes effect when notice of the decision is given to the holder of the permit or on any later date that may be specified in the notice. 8.3.18 Appeal (1) An applicant for a minor gaming permit or a permit holder (as the case requires) may appeal to the Commission, within 28 days of notification of the decision, against any of the following decisions made by a single commissioner— (a) a decision to refuse to grant an application for a minor gaming permit; (b) a decision to grant a permit subject to conditions; (c) a decision to amend the conditions of a permit. (b) in the case of a decision to refuse an application—grant the application, either unconditionally or subject to conditions; or (c) in the case of a decision to grant an application subject to conditions or to amend the conditions of a permit—vary or remove the conditions. (a) must be notified in writing to the applicant or permit holder (as the case requires); and (5) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against. Division 3—Disciplinary action 8.3.19 Definitions ***disciplinary action***, against the holder of a minor gaming permit, means any of the following— (a) the cancellation or suspension of the minor gaming permit; (b) the variation of the terms of the permit; (c) the issuing of a letter of censure to the permit holder; S. 8.3.19 def. of *grounds for disciplinary action* amended by No. 40/2025 s. 28. ***grounds for disciplinary action***, in relation to the holder of a minor gaming permit, means any of the following— (a) that minor gaming permit was improperly obtained in that, at the time it was granted, there were grounds for refusing it; (b) that the permit holder has failed to provide information that the person is required by this Act to provide or has provided information knowing it to be false or misleading; (c) that the permit holder has contravened this Act or the regulations or a condition of the permit; (i) the permit holder; or (ii) an executive officer or nominee of the permit holder— (e) that the permit holder has become a Chapter 5 body corporate; (f) that for any reason the permit holder is not a suitable person to hold their permit; (b) an offence (in Victoria or elsewhere) involving fraud or dishonesty punishable by imprisonment for 3 months or more (whether or not in addition to a fine). 8.3.20 Taking disciplinary action (1) The Commission may inquire into whether there are grounds for disciplinary action against the holder of a minor gaming permit. S. 8.3.20(2) amended by No. 58/2011 s. 91(2). (2) At the request of the Commission, a commissioner may conduct an investigation in relation to a permit holder and may make a report on the investigation to the Commission. (3) If, following an inquiry or investigation under subsection (1) or (2), the Commission considers there are grounds for taking disciplinary action against a permit holder, the Commission may serve on the permit holder a notice in writing giving them an opportunity to show cause within 14 days why disciplinary action should not be taken against them on the grounds for disciplinary action specified in the notice. (4) The permit holder, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (5) If the Commission decides that— (a) the permit holder is not a suitable person to hold their permit, the Commission may only vary, suspend or cancel the permit; or (b) there are any other grounds for disciplinary action against the permit holder, the Commission may take the action— and does so by giving written notice of the disciplinary action to the permit holder. (6) If the disciplinary action is the cancellation, suspension or variation of the terms of a permit, it takes effect when the notice under subsection (5) is given or at a later time specified in the notice. 8.3.21 Letter of censure (1) Disciplinary action taken by the Commission under section 8.3.20(5) in the form of a letter of censure may censure the permit holder in respect of any matter connected with the permit holder's activities under this Chapter and may include a direction to the permit holder to rectify within a specified time any matter giving rise to the censure. (2) If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the permit holder, cancel, suspend or vary the terms of the permit without giving the permit holder a further opportunity to be heard. 8.3.22 Performance of functions A function of the Commission under this Division may be performed by any commissioner. Part 4—Conduct of community and charitable gaming Division 1—Lucky envelopes 8.4.1 Lucky envelopes must comply with prescribed standards (1) A person must not supply lucky envelopes that do not comply with the prescribed standards. (2) The holder of a minor gaming permit must not sell (whether by a lucky envelope vending machine or otherwise) lucky envelopes that do not comply with the prescribed standards. 8.4.2 Lucky envelopes only to be supplied to permit holder A person must not supply lucky envelopes to a person or organisation that does not hold a minor gaming permit authorising the sale of lucky envelopes. S. 8.4.2AA inserted by No. 28/2022 s. 137. 8.4.2AA Lucky envelopes must not be sold online A person must not sell a lucky envelope via a website or any other online platform or interface. Division 2—Bingo S. 8.4.2A inserted by No. 71/2008 s. 23. 8.4.2A Notification of intention to conduct or cease conducting bingo sessions (1) A community or charitable organisation must give notice to the Commission of the intention to commence the conduct of one or more sessions of bingo at least 7 days before the first day on which the first session of bingo is to be conducted. (2) The notice— (b) must contain the following information— (i) the address of the premises at which the sessions will be conducted; (ii) the days of the week or the dates on which the sessions will be conducted; (iii) the starting and finishing times of the sessions; (iv) the frequency of the sessions; (v) the number of games of bingo to be played in each session; S. 8.4.2A (2)(b)(vi) amended by No. 64/2014 s. 39(5). (vi) the name and number of the account in which the proceeds from the sessions will be deposited and the name and branch of the ADI at which that account is held; and (c) must nominate a natural person aged 18 years or more to be responsible for the conduct of the sessions; and S. 8.4.2A(2)(d) amended by No. 23/2025 s. 74(Sch. 1 item 2.38). (d) must include the consent of the nominee to the nomination. (3) A community or charitable organisation must notify the Commission in writing within 7 days after a change in any of the information referred to in subsection (2)(b) contained in a notice given by the organisation to the Commission. (4) If sessions of bingo are conducted on behalf of a community or charitable organisation by a bingo centre operator, subsection (3) applies as if the bingo centre operator were the community or charitable organisation. (5) A community or charitable organisation must notify the Commission in writing of the organisation's intention to cease conducting sessions of bingo for a period longer than the period, if any, prescribed by the regulations. S. 8.4.2B inserted by No. 71/2008 s. 23. 8.4.2B Nominees (1) The natural person nominated by a community or charitable organisation under section 8.4.2A is responsible on behalf of the organisation for the conduct of the sessions of bingo and is liable under this Act as the organisation. (2) If a nominated person resigns, is dismissed or leaves the community or charitable organisation— (a) the organisation must nominate another natural person within 7 days (or any longer period allowed by the Commission in a particular case) after the resignation, dismissal or leaving; and (b) the directors of the organisation or the members of the managing committee of the organisation (as the case may be) are severally liable under this Act as the organisation in relation to the conduct of sessions of bingo until such time as another person is nominated by the organisation. (3) The liability of a community or charitable organisation is not limited under this Act by the nomination of its nominee except in respect of a contract entered into under section 8.4.6. S. 8.4.2C inserted by No. 71/2008 s. 23. 8.4.2C Notification of large bingo prizes (1) A community or charitable organisation or a bingo centre operator that intends to conduct a session of bingo at which the total prizes for the session will or is likely to exceed the prescribed amount must notify the Commission in writing of that intention at least 3 business days before conducting the session. (2) The notice— (b) must contain the following information— (i) the contact details for the organisation or operator; (ii) the organisation's declared organisation number or the operator's licence number (as the case requires); (iii) the date and time of the session at which the prizes will or are likely to exceed the prescribed amount; (iv) the expected amount of prizes for the session; (v) any other information the Commission requires. S. 8.4.2D inserted by No. 71/2008 s. 23. 8.4.2D Bingo rules S. 8.4.2D(1) amended by No. 60/2011 s. 43(3). (1) The Commission may make rules for or with respect to the conduct of bingo under this Chapter. (2) The Commission may vary or revoke a rule made under subsection (1). (a) publish on its website a copy of rules made under this section and any variation or revocation of those rules; and (b) notify in writing each community or charitable organisation and each bingo centre operator that the Commission knows is conducting bingo to which rules made under this section apply of the making of those rules and of any variation or revocation of those rules. (4) The Commission must cause rules made under this section, and a variation or revocation of a rule, to be published in the Government Gazette. (5) A rule, a variation of a rule or a revocation of a rule takes effect on the date that it is published in the Government Gazette or on the later date specified in the rule, variation or revocation. (6) Different rules may be made under this section for different forms of bingo. S. 8.4.2E inserted by No. 71/2008 s. 23. 8.4.2E Rules binding unless Commission approves a variation (1) Subject to this section, a community or charitable organisation or a bingo centre operator must comply with rules made under section 8.4.2D. (2) A community or charitable organisation or a bingo centre operator may apply to the Commission for approval to vary the rules that would otherwise apply to the organisation or operator. (3) An application— (a) must be in the form, and contain the information, approved by the Commission; and (b) must be accompanied by the prescribed fee. (4) On an application under subsection (2), the Commission may approve a variation of the rules as those rules apply to the applicant. (5) If the Commission approves a variation under subsection (4), the organisation or operator must comply with the rules as varied. (6) The Commission must publish on its website any variation approved by the Commission under subsection (4). S. 8.4.2F inserted by No. 71/2008 s. 23. 8.4.2F Commission may require notification of bingo rules (1) The Commission, by written notice, may require a community or charitable organisation or a bingo centre operator, to notify patrons of the rules that apply to the conduct of a session of bingo. (2) Without limiting the Commission's power under subsection (1), the Commission may require notification of the rules to be made— (a) by displaying notices in the form and manner specified by the Commission; (b) by making announcements in the form and manner specified by the Commission. (3) A community or charitable organisation or a bingo centre operator must comply with a notice of the Commission under subsection (1). 8.4.3 Bingo equipment must comply with prescribed standards S. 8.4.3(1) amended by No. 71/2008 s. 24(1)(a). (1) A person must not supply bingo tickets that do not comply with the standards set out in the rules made by the Commission under section 8.4.2D. (2) Subsection (1) does not apply to a person who supplies braille tickets in the form approved by the Commission under section 8.4.5(2) for use by visually-impaired people. S. 8.4.3(3) amended by No. 71/2008 s. 24(1)(a). (3) A person must not supply a random number generator for use in the playing of bingo which does not comply with the standards set out in the rules made by the Commission under section 8.4.2D. S. 8.4.3(4) amended by No. 71/2008 s. 24(1)(b). (4) A community or charitable organisation or a bingo centre operator must not use in the playing of bingo— (a) a bingo ticket; or (b) a random number generator— that does not comply with the standards set out in the rules made by the Commission under section 8.4.2D. S. 8.4.3(5) amended by No. 71/2008 s. 24(1)(c). (5) Subsection (4) does not apply to a community or charitable organisation or a bingo centre operator who accepts a braille ticket in the form approved by the Commission under section 8.4.5(2) from a visually-impaired person. S. 8.4.4 (Heading) substituted by No. 7/2006 s. 7(1). 8.4.4 Restriction on supply of bingo equipment S. 8.4.4(1) amended by No. 71/2008 s. 24(1)(d). (1) A person must not supply— (a) bingo tickets; or (b) a random number generator for use in the playing of bingo— to a person or organisation that is not a community or charitable organisation or a bingo centre operator. (2) Subsection (1) does not apply to a person who supplies a braille ticket in the form approved by the Commission under section 8.4.5(2) to a visually-impaired person for use by the visually-impaired person in playing bingo. S. 8.4.4(3) inserted by No. 7/2006 s. 7(2), amended by No. 71/2008 s. 24(1)(e). (3) Subsection (1) does not apply to the supply of bingo tickets or a random number generator to a person who or organisation that is authorised under section 8.2.4A to conduct a session of bingo. Section 8.2.4 sets out circumstances in which a minor gaming permit is not required to conduct a session of bingo games. 8.4.5 Braille bingo tickets (1) A person who conducts a session of bingo games must not refuse to allow a visually-impaired person to participate in the session only because the person wishes to play bingo by means of a braille ticket in the form approved by the Commission. (2) For the purposes of subsection (1), the Commission may, from time to time, approve a form of braille ticket. (3) Nothing in subsection (1) prevents a person who conducts a session of bingo games from charging a visually-impaired person the price of a bingo ticket to enter the game. S. 8.4.6 (Heading) amended by No. 71/2008 s. 24(1)(f). 8.4.6 Community or charitable organisation may contract with bingo centre operator to conduct bingo S. 8.4.6(1) substituted by No. 71/2008 s. 24(2). (1) A community or charitable organisation may enter into an agreement with a bingo centre operator for the conduct by the bingo centre operator of bingo sessions at a bingo centre on behalf of the community or charitable organisation. (2) The agreement must provide for— (a) compliance by the bingo centre operator with all relevant provisions of this Act; and (b) the submission to the Commission of periodic audited statements as required by or under this Act; and (c) the retention of records as required by this Act; and S. 8.4.6(2)(d) amended by No. 71/2008 s. 24(3)(a). (d) the provision to the community or charitable organisation of a copy of all documents submitted on its behalf to the Commission by the bingo centre operator; and S. 8.4.6(2)(e) amended by No. 104/2004 s. 27(1). (e) subject to subsection (2A), the maximum fee, determined in accordance with the regulations and not exceeding 2% of the gross receipts, to be paid to the bingo centre operator for each session of bingo. S. 8.4.6(2A) inserted by No. 104/2004 s. 27(2), amended by No. 71/2008 s. 24(3)(a). (2A) If the community or charitable organisation is required to provide any assistance in the conduct of a session of bingo or in the operation of the bingo centre, the bingo centre operator is not to be paid a fee referred to in subsection (2)(e). (3) The agreement may contain any other provisions that are not inconsistent with this Act. S. 8.4.6(4) amended by No. 71/2008 s. 24(3)(a). (4) The community or charitable organisation must— (a) give the Commission a copy of an agreement entered into under this section; and (b) notify the Commission of the termination of the agreement. S. 8.4.6(5) amended by No. 71/2008 s. 24(3)(a). (5) If an agreement is entered into under this section, the bingo centre operator is solely liable under this Act in all respects as if it were the community or charitable organisation. S. 8.4.7 amended by No. 71/2008 s. 24(3)(b). 8.4.7 Expenses operators can charge for bingo A bingo centre operator must not require a community or charitable organisation to pay to the bingo centre operator or to an associate of the bingo centre operator any expenses exceeding the maximum amount (if any) prescribed by the regulations. S. 8.4.7A inserted by No. 58/2009 s. 105, substituted by No. 23/2025 s. 65. 8.4.7A Payment of prize money by cheque or electronic funds transfer (1) If a person wins prize money of $1000 or more in a bingo game, the bingo centre operator or a nominee of the community or charitable organisation who is conducting the bingo game must not pay out, or allow another person to pay out, any of that prize money except— (a) by cheque in accordance with subsection (2); or (b) by electronic funds transfer in accordance with subsection (4). (2) A bingo centre operator or a nominee of the community or charitable organisation who is conducting a bingo game must, at the request of a person, pay out any prize money won by the person on the game to the person by cheque that is not payable to cash. (3) Subsection (2) does not apply to a bingo centre operator or a nominee of a community or charitable organisation who does not have the facilities to provide cheques. (4) A bingo centre operator or a nominee of the community or charitable organisation who is conducting a bingo game must— (a) at the request of a person, pay out any prize money won by the person on the game to the person by electronic funds transfer; and (b) if at least $1000 is to be transferred, ensure that those funds are not transferred until at least 24 hours after the request. (5) Subsection (4) does not apply to a bingo centre operator or a nominee of a community or charitable organisation who does not have the facilities to make the electronic funds transfer described in that subsection. S. 8.4.7B inserted by No. 28/2022 s. 138. 8.4.7B Bingo must not be conducted online (1) A person must not conduct a session of bingo via a website or any other online platform or interface. (2) A person must not sell a bingo ticket via a website or any other online platform or interface. (3) Subsection (1) or (2) does not apply to the conduct of a session of bingo or the sale of a bingo ticket via an electronic ticket device used by a player at the premises at which the bingo is conducted, including a device that has auto-marking functionality. Division 3—Bingo pooling schemes 8.4.8 When can a pooling scheme operate? (1) A pooling scheme may only operate if— (a) all the community or charitable organisations conducting bingo games at the particular place or places to which the scheme applies are members of the scheme; and (b) the Commission has been given a copy of the rules of the scheme before the scheme comes into operation. (2) A pooling scheme operates for 3 years or, if a shorter period is set out in the rules of the scheme, that shorter period. (3) A person must not administer or assist in the administration of a pooling scheme otherwise than in accordance with— (a) this Act; and (b) the regulations; and (c) the rules of the pooling scheme. 1. For a first offence, 20 penalty units; 8.4.9 Membership of pooling scheme The members of a pooling scheme are— (a) the community or charitable organisations conducting or proposing to conduct bingo in a particular place or places; and (b) if the particular place or places referred to in paragraph (a) are bingo centres, the bingo centre operator of each of those centres. 8.4.10 Pooling scheme rules (1) A pooling scheme is governed by the rules of the scheme adopted by the members of the scheme. (2) The rules— S. 8.4.10(2)(a) substituted by No. 27/2013 s. 18(1). (a) must not be inconsistent with this Act or the regulations; and (b) must deal with the matters specified from time to time by the Commission in a notice published under section 8.4.11. (3) The rules of a pooling scheme take effect— (a) 28 days after a copy of the rules or the amendment has been given to the Commission; or (b) if the Commission agrees, from an earlier date specified by the Commission. 8.4.11 Commission may specify matters for rules The Commission, from time to time, by notice published in the Government Gazette, may specify the matters to be included in rules of pooling schemes including, but not limited to— (a) the money that must, or must not, be paid into the pool; (b) the payment of expenses of the scheme administrator; (c) settlements; (d) the formula or other means by which payments to pool members are to be determined; (e) the circumstances under which an agreement under section 8.4.6 may be required for members of the scheme. 8.4.12 Disallowance of rules (1) The Commission, at any time, may disallow the rules of a pooling scheme or any amendment of those rules, by giving written notice to the members of the scheme, if the Commission considers that the rules or the amendment— (a) are not sufficiently clear or certain; or (b) do not provide for equitable treatment of the members; or S. 8.4.12(1)(c) substituted by No. 27/2013 s. 18(2). (c) are inconsistent with this Act or the regulations. (2) The disallowance of the rules or an amendment to the rules takes effect on the day specified in the notice of disallowance. 8.4.13 Scheme administrator (1) A pooling scheme must have a scheme administrator. (2) The scheme administrator is— (a) if a bingo centre operator is a member of the scheme, that person; or (b) in any other case, a person appointed in accordance with the rules of the scheme. (3) The scheme administrator must— (a) establish and maintain a financial institution account in accordance with section 8.6.1 for all money forming part of the pool or incidentally involved in the pooling scheme; and (b) ensure compliance with the rules of the scheme by the members of the scheme. 8.4.14 Amendment of rules (1) The rules of the pooling scheme may be amended in accordance with this section. (2) Subject to subsection (3), an amendment to the rules does not take effect until— (a) it is approved by at least two-thirds of the community or charitable organisations that are members of the scheme in a vote on that amendment; and (b) the Commission has been given notice of the amendment and a copy of the amendment before the amendment comes into effect. (3) An amendment to the rules of a pooling scheme takes effect— (a) 28 days after a copy of the amendment has been given to the Commission; or (b) if the Commission agrees, from an earlier date specified by the Commission. (4) A member may not be removed from a pooling scheme without the member's consent unless an amendment is made to the rules of the scheme removing that member. (5) An amendment to the rules which has the effect of reducing the amount payable to the scheme administrator in respect of the expenses of conducting a bingo session is only effective if the scheme administrator consents to that amendment. (6) An amendment to the rules may operate to terminate the pooling scheme at any time. 8.4.15 Declaration of interest (1) Despite any amendment to the rules being in the direct or indirect interest of the member or a related member of that member, a member may vote on that amendment if that interest is declared at the time of voting. (2) A declaration under subsection (1) must be included in the notice of the amendment to the Commission under section 8.4.14(2)(b). (3) A vote on an amendment to the rules is not invalid only because a member of the pooling scheme failed to declare an interest under subsection (1). (4) In this section, an organisation that is a member of the pooling scheme is a related member of another organisation that is a member of the pooling scheme if— (a) there is significant commonality of membership of those organisations; or (b) there is significant commonality of membership of the controlling body or committees of those organisations; or (c) the controlling offices of each of those organisations are held by the same person or persons. 8.4.16 Application to political parties Nothing in this Division applies to a community or charitable organisation that is conducted for the purposes of a political party. Ch. 8 Pt 4 Div. 4 (Heading and ss 8.4.17–8.4.20) inserted by No. 71/2008 s. 25. Division 4—Disciplinary action against community or charitable organisations in relation to bingo S. 8.4.17 inserted by No. 71/2008 s. 25. 8.4.17 Definitions ***disciplinary action***, against a community or charitable organisation, means any of the following— (a) the issuing of a letter of censure to the organisation; (b) the imposition of a fine on the organisation not exceeding an amount that is 60 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**; (c) the imposition of conditions on the organisation's authority to conduct sessions of bingo; S. 8.4.17 def. of *grounds for disciplinary action* amended by Nos 56/2010 s. 47, 60/2011 s. 43(4), 40/2025 s. 29. ***grounds for disciplinary action***, in relation to a community or charitable organisation, means any of the following— (a) that the organisation has failed to provide information that the organisation is required by this Act to provide or has provided information knowing it to be false or misleading; (b) that the organisation has contravened this Act, the regulations or the rules made by the Commission under section 8.4.2D in relation to bingo or a condition imposed under this Division; (c) that— (i) the organisation; or (ii) an executive officer or nominee of the organisation— (d) that the organisation has become a Chapter 5 body corporate; (e) that for any reason the organisation is not a suitable person to conduct a session of bingo; (a) an offence against a gaming Act or gaming regulations in relation to bingo; or (b) an offence (in Victoria or elsewhere) involving fraud or dishonesty punishable by imprisonment for 3 months or more (whether or not in addition to a fine). S. 8.4.18 inserted by No. 71/2008 s. 25. 8.4.18 Taking disciplinary action (1) The Commission may inquire into whether there are grounds for disciplinary action against a community or charitable organisation. (2) If, following an inquiry under subsection (1), the Commission considers there are grounds for taking disciplinary action against a community or charitable organisation, the Commission may serve on the organisation a notice in writing giving them an opportunity to show cause within 14 days why disciplinary action should not be taken against them on the grounds for disciplinary action specified in the notice. (3) The organisation, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (4) If the Commission decides that— (a) the organisation is not a suitable person to conduct a session of bingo, the Commission may suspend the organisation's authority to conduct sessions of bingo for a period specified by the Commission; or (b) there are any other grounds for disciplinary action against the organisation, the Commission may take the action— and does so by giving written notice of the disciplinary action to the organisation. (5) If the Commission suspends the organisation's authority to conduct sessions of bingo— (a) the suspension takes effect at the time notice of it is given to the organisation; and (b) this Act does not authorise the conduct of any session of bingo by or on behalf of the organisation at any time during the period of suspension. (6) If the disciplinary action is the imposition of conditions on an organisation's authority to conduct sessions of bingo, the organisation must comply with those conditions. S. 8.4.19 inserted by No. 71/2008 s. 25. 8.4.19 Letter of censure (1) Disciplinary action taken by the Commission under section 8.4.18(4) in the form of a letter of censure may censure the community or charitable organisation in respect of any matter connected with the organisation's conduct of sessions of bingo games under this Chapter and may include a direction to the organisation to rectify within a specified time any matter giving rise to the censure. (2) If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the organisation, suspend the organisation's authority to conduct sessions of bingo games without giving the organisation a further opportunity to be heard. (3) Section 8.4.18(5) applies to a suspension under subsection (2). S. 8.4.20 inserted by No. 71/2008 s. 25. 8.4.20 Appeal (1) A community or charitable organisation may appeal to the Commission, within 28 days of notification of the decision, against the following decisions made by a single commissioner— (a) a decision to suspend the organisation's authority to conduct sessions of bingo; (b) a decision to impose conditions on the organisation's authority to conduct sessions of bingo. (b) in the case of a decision to suspend the authority to conduct sessions of bingo—lift the suspension, either unconditionally or subject to conditions; or (c) in the case of a decision to impose conditions on the authority to conduct sessions of bingo—vary or remove the conditions. (a) must be notified in writing to the community or charitable organisation; and (5) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against. Part 5—Bingo centres Division 1—Licensing of bingo centre operators 8.5.1 Requirement to be licensed A person must not have the management or control of a bingo centre unless the person holds a bingo centre operator's licence. 8.5.2 Application for licence (1) Subject to subsection (2), a person may apply to the Commission for a bingo centre operator's licence. (2) A person cannot apply for, or be granted, a bingo centre operator's licence if the person— S. 8.5.2(2)(a) amended by No. 28/2022 s. 108(a). (a) is a venue operator under this Act or holds a licence under the law of another State or a Territory that corresponds to a venue operator's licence; or S. 8.5.2(2)(b) amended by No. 28/2022 s. 108(b). (b) is an associate of a venue operator; or (c) is a casino operator under the **Casino Control Act 1991** or holds a licence under the law of another State or a Territory that corresponds to a casino operator's licence. 8.5.3 Application procedure S. 8.5.3(1) substituted by No. 72/2007 s. 35. (1) An application for a licence must— (c) be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted. (2) Within 14 days after applying for a bingo centre operator's licence, the applicant must— (a) send a copy of the application to the relevant responsible authority within the meaning of the **Planning and Environment Act 1987**; and (b) cause to be published in a newspaper circulating in the area and in a newspaper circulating generally in Victoria a notice containing— (i) the prescribed information; and (ii) a statement that any person may object to the grant of the licence by giving notice in writing to the Commission within 28 days after the date of publication stating the grounds for the objection. (3) If a requirement made by this section is not complied with, the Commission may refuse to consider the application. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a bingo centre operator's licence. 8.5.4 Objections (1) A person may object to the grant of a bingo centre operator's licence on any of the following grounds— (a) that the applicant or an associate of the applicant is not of good repute having regard to character, honesty and integrity; (b) that the applicant or an associate of the applicant has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity; (c) that a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the business of the applicant is not a suitable person to act in that capacity. (2) The Commission must consider every objection so made. 8.5.5 Responsible authority's report S. 8.5.5(1) amended by No. 6/2024 s. 41. (1) The relevant responsible authority may submit to the Commission a report on the application within 14 days of the date of receipt of the copy of the application under section 8.5.3(2)(a). (2) The Commission must consider a report so made. 8.5.6 Matters to be considered in determining applications (1) The Commission must not grant an application for a bingo centre operator's licence unless satisfied that— (a) the applicant and each associate of the applicant is a suitable person to be concerned in the management and operation of a bingo centre; and S. 8.5.6(1)(b) amended by No. 72/2007 s. 36(1). (b) the applicant's premises are, or on the completion of building works will be, suitable for a bingo centre; and S. 8.5.6(1)(c) inserted by No. 72/2007 s. 36(2). (c) the Responsible Gambling Code of Conduct accompanying the application complies with— S. 8.5.6(1)(c)(i) substituted by No. 62/2017 s. 56(10). S. 8.5.6(1)(c)(ii) substituted by No. 62/2017 s. 56(10). (a) the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity; (b) the applicant and each associate of the applicant is of sound and stable financial background; (c) if the applicant is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; (d) the applicant or an associate of the applicant 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; (e) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; (f) the size, layout and facilities of the applicant's premises are or will be suitable; (g) the proposed security arrangements are or will be adequate. 8.5.7 Determination of applications (1) The Commission must determine an application by either granting or refusing to grant the application and must notify the applicant of its decision. (2) If the Commission refuses to grant an application, the notice must set out the reasons for the refusal. (3) A bingo centre operator's licence is subject to— (a) the prescribed conditions; and S. 8.5.7(3)(b) amended by No. 72/2007 s. 37. (b) any other conditions imposed by this Act or that the Commission imposes on the licence. S. 8.5.7A inserted by No. 72/2007 s. 38, amended by No. 62/2017 s. 57(11). 8.5.7A Responsible Gambling Code of Conduct is a condition of licence It is a condition of a bingo centre operator's licence that the bingo centre operator implement a Responsible Gambling Code of Conduct that complies with— S. 8.5.7A(a) inserted by No. 62/2017 s. 57(11). S. 8.5.7A(b) inserted by No. 62/2017 s. 57(11). (b) each direction under section 10.6.6(1) that applies in relation to the bingo centre operator. S. 8.5.8 amended by No. 64/2014 s. 32(1). 8.5.8 Duration of licence A bingo centre operator's licence remains in force for the term not exceeding 10 years specified in the licence, unless sooner cancelled or surrendered. 8.5.9 Nominee of licensee (1) Within 60 days, or the longer period allowed by the Commission, after a bingo centre operator that is a body corporate is notified under section 8.5.7(1) that it has been granted a bingo centre operator's licence, the operator must— (a) nominate a natural person to be responsible as operator on behalf of the bingo centre operator; and (2) Within 60 days, or the longer period allowed by the Commission, after— (a) a bingo centre operator is notified by the Commission of a refusal to approve a person nominated under this section; or (b) a person nominated by the bingo centre operator and approved by the Commission resigns, is dismissed or ceases to manage or control the bingo centre— the bingo centre operator must nominate another natural person to be responsible as operator on behalf of the bingo centre operator and apply to the Commission for approval of the person nominated. (3) A person nominated by a bingo centre operator and approved by the Commission under this section is liable under this Act as a bingo centre operator. (4) If a bingo centre operator that is a body corporate does not have a person who has been approved by the Commission under this section managing or controlling a bingo centre, the directors or members of the committee of management of the body corporate (as the case requires) are severally liable under this Act as a bingo centre operator. (5) The Commission may refuse to approve a person nominated under this section unless satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of a bingo centre. (6) In particular, the Commission must consider whether— (a) the person nominated and each associate of the person nominated is of good repute, having regard to character, honesty and integrity; (b) each person is of sound and stable financial background; (c) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. (7) The Commission must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision. (8) The nomination and approval by the Commission of a person under this section does not limit the liability of a bingo centre operator under this Act whilst that person is a nominee. 8.5.10 Licence non-transferable An operator's licence is not transferable to any other person or bingo centre. S. 8.5.11 substituted by No. 7/2006 s. 8. 8.5.11 Licence renewal (1) A bingo centre operator may, not earlier than 9 months before the expiration of the current licence, apply to the Commission for a new bingo centre operator's licence, in which case— (a) the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its issue is refused; and (b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly. (2) An application for a new licence must be made in or to the effect of a form approved by the Commission and must be accompanied by the prescribed fee. (3) This Act (except sections 8.5.3, 8.5.4 and 8.5.5) applies to and in relation to— as if the application has been made by a person other than a bingo centre operator. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a bingo centre operator's licence. 8.5.12 Amendment of conditions S. 8.5.12(1) amended by No. 72/2007 s. 39. (1) The Commission may amend the conditions of a bingo centre operator's licence, other than the prescribed conditions or conditions imposed by this Act, in accordance with this section. (a) by the bingo centre operator by requesting the Commission in writing to make the amendment and giving reasons for the request; or (b) by the Commission by giving notice in writing of the proposed amendment and giving reasons to the operator. (3) An amendment proposed by the Commission must be in the public interest or for the proper conduct of bingo. (4) The Commission must give the operator at least 28 days to make a submission to the Commission concerning an amendment proposed by the Commission and must consider any submission made. (5) The operator may waive the right under subsection (4) to make a submission concerning a proposed amendment by giving notice in writing signed by the operator to the Commission. (6) The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the operator of its decision. (7) An amendment takes effect when notice of the Commission's decision is given to the operator or on any later date that may be specified in the notice. 8.5.13 Disciplinary action ***disciplinary action***, against a bingo centre operator, means any of the following— (a) the cancellation or suspension of the operator's licence; (b) the variation of the terms of the licence; (c) the issuing of a letter of censure to the operator; S. 8.5.13(1) def. of *grounds for disciplinary action* amended by Nos 7/2006 s. 9, 72/2007 s. 40, 56/2010 s. 48, 40/2025 s. 30. ***grounds for disciplinary action***, in relation to a bingo centre operator, means any of the following— (a) that the bingo centre operator's licence was improperly obtained in that, at the time it was granted, there were grounds for refusing it; (b) that the operator has failed to provide information that the operator is required by this Act to provide or has provided information knowing it to be false or misleading; (c) that the operator has contravened this Act, the regulations or the rules made by the Commission under section 8.4.2D or a condition of the licence; (i) the operator; or (ii) if the operator is not a natural person, an executive officer or nominee of the operator— (e) that the operator has become an insolvent under administration or a Chapter 5 body corporate; (f) that the operator has engaged in conduct that, in the opinion of the Commission, is undesirable in relation to a community or charitable organisation; (fa) that the operator no longer has the management or control of the bingo centre; (g) that the bingo centre is, for specified reasons, no longer suitable for the conduct of bingo; (h) that for any reason the operator is not a suitable person to hold their licence; (i) that the bingo centre operator has repeatedly breached the operator's Responsible Gambling Code of Conduct; ***relevant offence*** in relation to a bingo centre operator or an executive officer or nominee of a bingo centre operator, means— (b) an offence arising out of or in connection with the management or operation of a bingo centre; or (c) an offence (in Victoria or elsewhere) involving fraud or dishonesty punishable by imprisonment for 3 months or more (whether or not in addition to a fine); or (d) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, the nature or circumstances of which, in the opinion of the Commission, relate to a bingo centre of the operator. (2) The Commission may inquire into whether there are grounds for disciplinary action against a bingo centre operator. S. 8.5.13(3) amended by No. 58/2011 s. 91(2). (3) At the request of the Commission, a commissioner may conduct an investigation in relation to a bingo centre operator and may make a report on the investigation to the Commission. (4) If, following an inquiry or investigation under subsection (2) or (3), the Commission considers there are grounds for taking disciplinary action against a bingo centre operator, the Commission may serve on the person a notice in writing giving them an opportunity to show cause within 14 days why disciplinary action should not be taken against them on the grounds for disciplinary action specified in the notice. (5) The bingo centre operator, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (6) If the Commission decides that— (a) the bingo centre operator is not a suitable person to hold their licence, the Commission may only vary, suspend or cancel the licence; or (b) there are any other grounds for disciplinary action against the operator, the Commission may take the action— and does so by giving written notice of the disciplinary action to the operator. (7) If the disciplinary action is the cancellation, suspension or variation of the terms of a licence, it takes effect when the notice under subsection (6) is given or at a later time specified in the notice. 8.5.14 Letter of censure (1) Disciplinary action taken by the Commission under section 8.5.13(6) in the form of a letter of censure may censure the bingo centre operator in respect of any matter connected with the operator's activities under this Chapter and may include a direction to the operator to rectify within a specified time any matter giving rise to the censure. (2) If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the bingo centre operator, cancel, suspend or vary the terms of the licence without giving the operator a further opportunity to be heard. 8.5.15 Effect and maximum period of suspension of bingo centre operator's licence (1) Subject to subsection (2) and section 8.5.16, a bingo centre operator's licence cannot be suspended for longer than 6 months. (2) The Commission may extend a suspension once for a period not exceeding 6 months if there are reasonable grounds for doing so. (3) During any period of suspension of a bingo centre operator's licence, the holder of the licence is to be taken not to be a bingo centre operator except for the purposes of section 8.5.38 (returns by bingo centre operator). 8.5.16 Suspension of bingo centre operator's licence pending criminal proceedings (1) The Commission may suspend a bingo centre operator's licence by notice in writing given to the operator if the Commission is satisfied that— (a) the operator; or (b) if the operator is a body corporate, an executive officer or nominee of the operator— has been charged with a relevant offence within the meaning of section 8.5.13. 8.5.17 Licence document to be surrendered If a document evidencing a bingo centre operator's licence has been issued by the Commission and the licence is amended, suspended or cancelled, the holder of the licence must surrender the document to an inspector on demand. 8.5.18 Provisional bingo centre operator's licence (1) The Commission may grant a provisional bingo centre operator's licence to a person in respect of a bingo centre. (2) A provisional licence expires at the end of 90 days after its grant but may be renewed for a further period or successive periods of 90 days. (3) A provisional licence may only be granted under subsection (1) to enable an application for a bingo centre operator's licence in respect of that bingo centre to be made. Ch. 8 Pt 5 Div. 2 (Heading and ss 8.5.19–8.5.36) amended by No. 45/2004 s. 34, repealed by No. 104/2004 s. 39(4). Division 3—Compliance requirements and monitoring 8.5.37 Accounts and financial statements (1) A bingo centre operator must keep accounting records that correctly record and explain the transactions and financial position of the operations of the operator. (2) A bingo centre operator must keep the accounting records in the form required by the Commission and in a manner that will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited. (3) A bingo centre operator must, as soon as practicable after the end of each financial year, prepare financial statements and accounts including— (a) profit and loss accounts for the financial year; and (b) a balance-sheet as at the end of the financial year— that give a true and fair view of the financial operations of the operator. S. 8.5.38 substituted by No. 104/2004 s. 28. 8.5.38 Returns to the Commission A bingo centre operator must, not later than 3 months after the end of each financial year, send to the Commission a full and accurate statement in the form approved by the Commission about all sessions of bingo conducted at the bingo centre during that financial year. Ss 8.5.39–8.5.41 repealed by No. 56/2010 s. 61(6). 8.5.42 Gaming machines in bingo centres A bingo centre operator must not permit a gaming machine to be played at any time in premises included in the operator's licence. Ch. 8 Pt 5A (Heading and ss 8.5A.1–8.5A.27) inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). Part 5A—Commercial raffle organisers S. 8.5A.1 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.1 Definition ***licensee*** means the holder of a commercial raffle organiser's licence. S. 8.5A.2 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.2 Requirement to be licensed A commercial raffle organiser must not conduct a raffle, in whole or in part, on behalf of a community or charitable organisation unless the commercial raffle organiser holds a commercial raffle organiser's licence. S. 8.5A.3 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.3 Commission may require person to show cause (1) The Commission may serve on a person who is conducting a raffle, in whole or in part, a notice in writing giving the person an opportunity to show cause within 28 days (or any longer period specified in the notice) why the person is not required to have a commercial raffle organiser's licence. (2) A person who is served with a notice under subsection (1) may make submissions to the Commission as to why the person is not required to have a commercial raffle organiser's licence and the Commission must consider any submission so made. (3) The Commission may require a person who is served with a notice under subsection (1) to apply for a commercial raffle organiser's licence. S. 8.5A.4 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.4 Appeal (1) If a decision to require a person to apply for a commercial raffle organiser's licence is made under section 8.5A.3 by a single commissioner, the person may appeal against the decision to the Commission within 28 days after notification of the decision. (a) confirm the decision of the single commissioner; or (b) if satisfied that proper grounds for making the decision did not exist, quash the decision of the single commissioner. (a) must be notified in writing to the appellant; and (5) The Commission as constituted for the purposes of an appeal must not include the commissioner whose decision is subject to appeal. S. 8.5A.5 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.5 Application for licence (1) Subject to subsection (2), a person may apply to the Commission for a commercial raffle organiser's licence. S. 8.5A.5(2) substituted by No. 72/2007 s. 41. (2) An application for a licence must— (c) be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted. (3) Within 14 days after applying for a commercial raffle organiser's licence, the applicant must cause to be published in a newspaper circulating in the area and in a newspaper circulating generally in Victoria a notice containing— (b) a statement that any person may object to the grant of the licence by giving notice in writing to the Commission within 28 days after the date of publication stating the grounds for the objection. (4) If a requirement made by this section is not met, the Commission may refuse to consider the application. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a commercial raffle organiser's licence. S. 8.5A.6 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.6 Objections (1) A person may object to the grant of a commercial raffle organiser's licence on any of the following grounds— (a) that the applicant or an associate of the applicant is not of good repute having regard to character, honesty and integrity; (b) that the applicant or an associate of the applicant has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity; (c) that a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the business of the applicant is not a suitable person to act in that capacity. (2) The Commission must consider every objection so made. S. 8.5A.7 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.7 Matters to be considered in determining applications (1) The Commission must not grant an application for a commercial raffle organiser's licence unless satisfied that the applicant and each associate of the applicant is a suitable person to be concerned in the management and conduct of a raffle. (a) the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity; (b) the applicant and each associate of the applicant is of sound and stable financial background; (c) if the applicant is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; (d) the applicant or an associate of the applicant 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; S. 8.5A.7(2)(e) amended by No. 72/2007 s. 42(1). (e) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; S. 8.5A.7(2)(f) inserted by No. 72/2007 s. 42(2). (f) the Responsible Gambling Code of Conduct accompanying the application complies with— S. 8.5A.7(2)(f)(i) substituted by No. 62/2017 s. 56(11). S. 8.5A.7(2)(f)(ii) substituted by No. 62/2017 s. 56(11). S. 8.5A.8 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.8 Determination of application (1) The Commission must determine an application by either granting or refusing to grant the application and must notify the applicant of its decision. (2) If the Commission refuses to grant an application, the notice must set out the reasons for the refusal. (3) A commercial raffle organiser's licence is subject to— (a) the prescribed conditions; and S. 8.5A.8(3)(b) amended by No. 72/2007 s. 43. (b) any other conditions imposed by this Act or that the Commission imposes on the licence. S. 8.5A.8A inserted by No. 72/2007 s. 44, amended by No. 62/2017 s. 57(12). 8.5A.8A Responsible Gambling Code of Conduct is a condition of licence It is a condition of a commercial raffle organiser's licence that the licensee implement a Responsible Gambling Code of Conduct that complies with— S. 8.5A.8A(a) inserted by No. 62/2017 s. 57(12). S. 8.5A.8A(b) inserted by No. 62/2017 s. 57(12). (b) each direction under section 10.6.6(1) that applies in relation to the licensee. S. 8.5A.9 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14), amended by No. 64/2014 s. 32(2). 8.5A.9 Duration of licence A commercial raffle organiser's licence remains in force for the term not exceeding 10 years specified in the licence, unless sooner cancelled or surrendered. S. 8.5A.10 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.10 Nominee of licensee (1) Within 60 days, or any longer period allowed by the Commission, after a licensee that is a body corporate is notified under section 8.5A.8(1) that it has been granted a commercial raffle organiser's licence, the licensee must— (a) nominate a natural person to be responsible as licensee on behalf of the licensee; and (2) Within 60 days, or any longer period allowed by the Commission, after— (a) a licensee is notified by the Commission of a refusal to approve a person nominated under this section; or (b) a person nominated by the licensee and approved by the Commission resigns, is dismissed or ceases to manage or control the business of the licensee— the licensee must nominate another natural person to be responsible as licensee on behalf of the licensee and apply to the Commission for approval of the person nominated. (3) A person nominated by a licensee and approved by the Commission under this section is liable under this Act as a licensee. (4) If a licensee that is a body corporate does not have a person who has been approved by the Commission under this section managing or controlling the business of the licensee, the directors or members of the committee of management of the body corporate (as the case requires) are severally liable under this Act as a licensee. (5) The Commission may refuse to approve a person nominated under this section unless satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of the business of the licensee. (6) In particular, the Commission must consider whether— (a) the person nominated and each associate of the person nominated is of good repute, having regard to character, honesty and integrity; (b) each person is of sound and stable financial background; (c) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. (7) The Commission must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision. (8) The nomination and approval by the Commission of a person under this section does not limit the liability of a licensee under this Act whilst that person is a nominee. S. 8.5A.11 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.11 Licence non-transferable A commercial raffle organiser's licence is not transferable to any other person. S. 8.5A.12 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.12 Licence renewal (1) A licensee may, not earlier than 9 months before the expiration of the current licence, apply to the Commission for a new commercial raffle organiser's licence, in which case— (a) the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its issue is refused; and (b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly. (2) An application for a new licence must be made in or to the effect of a form approved by the Commission and must be accompanied by the prescribed fee. (3) This Act (except section 8.5A.5 and 8.5A.6) applies to and in relation to— as if the application has been made by a person other than a commercial raffle organiser. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a commercial raffle organiser's licence. S. 8.5A.13 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.13 Amendment of conditions S. 8.5A.13(1) amended by No. 72/2007 s. 45. (1) The Commission may amend the conditions of a commercial raffle organiser's licence, other than the prescribed conditions or conditions imposed by this Act, in accordance with this section. (a) by the licensee by requesting the Commission in writing to make the amendment and giving reasons for the request; or (b) by the Commission by giving notice in writing of the proposed amendment and giving reasons to the licensee. (3) An amendment proposed by the Commission must be in the public interest or for the proper conduct of raffles. (4) The Commission must give the licensee at least 28 days to make a submission to the Commission concerning an amendment proposed by the Commission and must consider any submission made. (5) The licensee may waive the right under subsection (4) to make a submission concerning a proposed amendment by giving notice in writing signed by the licensee to the Commission. (6) The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the licensee of its decision. (7) An amendment takes effect when notice of the Commission's decision is given to the licensee or on any later date that may be specified in the notice. S. 8.5A.14 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.14 Disciplinary action ***disciplinary action***, against a licensee, means any of the following— (a) the cancellation or suspension of the licensee's commercial raffle organiser's licence; (b) the variation of the terms of the licence; (c) the issuing of a letter of censure to the licensee; S. 8.5A.14(1) def. of *grounds for disciplinary action* amended by Nos 72/2007 s. 46, 40/2025 s. 31. ***grounds for disciplinary action***, in relation to a licensee, means any of the following— (a) that the licensee's commercial raffle organiser's licence was improperly obtained in that, at the time it was granted, there were grounds for refusing it; (b) that the licensee has failed to provide information that the licensee is required by this Act to provide or has provided information knowing it to be false or misleading; (c) that the licensee has contravened this Act or the regulations or a condition of the licence; (i) the licensee; or (ii) if the licensee is not a natural person, an executive officer or nominee of the licensee— (e) that the licensee has become an insolvent under administration or a Chapter 5 body corporate; (f) that the licensee has engaged in conduct that, in the opinion of the Commission, is undesirable in relation to a community or charitable organisation; (g) that for any reason the licensee is not a suitable person to hold the licence; (h) that the licensee has repeatedly breached the licensee's Responsible Gambling Code of Conduct; ***relevant offence*** in relation to a licensee or an executive officer or nominee of a licensee, means— (b) an offence arising out of or in connection with the management or conduct of a raffle; or (c) an offence (in Victoria or elsewhere) involving fraud or dishonesty punishable by imprisonment for 3 months or more (whether or not in addition to a fine); or (d) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, the nature or circumstances of which, in the opinion of the Commission, relate to a raffle of the licensee. (2) The Commission may inquire into whether there are grounds for disciplinary action against a licensee. S. 8.5A.14(3) amended by No. 58/2011 s. 91(2). (3) At the request of the Commission, a commissioner may conduct an investigation in relation to a licensee and may make a report on the investigation to the Commission. (4) If, following an inquiry or investigation under subsection (2) or (3), the Commission considers there are grounds for taking disciplinary action against a licensee, the Commission may serve on the person a notice in writing giving the person an opportunity to show cause within 14 days why disciplinary action should not be taken against the person on the grounds for disciplinary action specified in the notice. (5) The licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (6) If the Commission decides that— (a) the licensee is not a suitable person to hold the licence, the Commission may only vary, suspend or cancel the licence; or (b) there are any other grounds for disciplinary action against the licensee, the Commission may take the action— and does so by giving written notice of the disciplinary action to the licensee. (7) If the disciplinary action is the cancellation, suspension or variation of the terms of a licence, it takes effect when the notice under subsection (6) is given or at a later time specified in the notice. S. 8.5A.15 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.15 Letter of censure (1) Disciplinary action taken by the Commission under section 8.5A.14(6) in the form of a letter of censure may censure the licensee in respect of any matter connected with the licensee's activities under this Chapter and may include a direction to the licensee to rectify within a specified time any matter giving rise to the censure. (2) If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the licensee, cancel, suspend or vary the terms of the licence without giving the licensee a further opportunity to be heard. S. 8.5A.16 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.16 Effect and maximum period of suspension of commercial raffle organiser's licence (1) Subject to subsection (2) and section 8.5A.17, a commercial raffle organiser's licence cannot be suspended for longer than 6 months. (2) The Commission may extend a suspension once for a period not exceeding 6 months if there are reasonable grounds for doing so. (3) During any period of suspension of a commercial raffle organiser's licence, the holder of the licence is to be taken not to be a licensee except for the purposes of section 8.5A.27. S. 8.5A.17 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.17 Suspension of commercial raffle organiser's licence pending criminal proceedings (1) The Commission may suspend a commercial raffle organiser's licence by notice in writing given to the licensee if the Commission is satisfied that— (a) the licensee; or (b) if the licensee is a body corporate, an executive officer or nominee of the licensee— has been charged with a relevant offence within the meaning of section 8.5A.14. S. 8.5A.18 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.18 Licence document to be surrendered If a document evidencing a commercial raffle organiser's licence has been issued by the Commission and the licence is amended, suspended or cancelled, the holder of the licence must surrender the document to an inspector on demand. S. 8.5A.19 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.19 Provisional commercial raffle organiser's licence (1) The Commission may grant a provisional commercial raffle organiser's licence to a person. (2) A provisional licence expires at the end of 90 days after its grant but may be renewed for a further period or successive periods of 90 days. (3) A provisional licence may only be granted under subsection (1) to enable an application for a commercial raffle organiser's licence to be made. Ss 8.5A.20–8.5A.22 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14), repealed by No. 56/2010 s. 61(6). S. 8.5A.23 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.23 Community or charitable organisation may contract with licensee to conduct raffle (1) A community or charitable organisation may enter into an agreement with the holder of a commercial raffle organiser's licence for the conduct by the licensee of a raffle, in whole or in part, on behalf of the organisation. (2) The agreement must provide for— (a) compliance by the licensee with all relevant provisions of this Act; and (b) the submission to the Commission of periodic audited statements as required by or under this Act; and (c) the retention of records as required by this Act; and (d) the provision to the community or charitable organisation of a copy of all documents submitted on its behalf to the Commission by the licensee; and (e) the maximum fee, determined in accordance with the regulations, to be paid to the licensee for the raffle. (3) The agreement may contain any other provisions that are not inconsistent with this Act. (4) A community or charitable organisation must— (a) give the Commission a copy of an agreement entered into under this section; and (b) notify the Commission of the termination of the agreement. (5) If an agreement is entered into under this section, the licensee is solely liable under this Act in respect of the functions performed by the licensee as if it were the community or charitable organisation. S. 8.5A.24 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.24 Expenses licensee can charge for raffle A licensee must not require the holder of a minor gaming permit to pay to the licensee or to an associate of the licensee— (a) any expenses exceeding the prescribed maximum amount, if any; or (b) if types of expenses are prescribed, any expenses other than the prescribed types of expenses. S. 8.5A.25 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.25 Promotion of raffle A commercial raffle organiser that conducts a raffle on behalf of a community or charitable organisation must not make any statement in relation to the application of the proceeds of the raffle, knowing it to be false or misleading. S. 8.5A.26 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.26 Accounts and financial statements (1) A licensee must keep accounting records that correctly record and explain the transactions and financial position of the operations of the licensee in relation to conducting raffles, in whole or in part. (2) A licensee must keep the accounting records in a manner that will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited. (3) A licensee must, as soon as practicable after the end of each financial year, prepare financial statements and accounts including— (a) profit and loss accounts for the financial year; and (b) a balance-sheet as at the end of the financial year— that give a true and fair view of the financial operations of the licensee in relation to conducting raffles, in whole or in part. (4) A licensee must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the licensee to be audited by an auditor in accordance with the regulations. S. 8.5A.27 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14). 8.5A.27 Returns to the Commission A licensee must, within 3 months after the draw of a raffle and at any other periods or times that are prescribed and within the time limits (if any) prescribed, send to the Commission a full and accurate statement in the form approved by the Commission about the raffle. Part 6—General compliance requirements Division 1—Banking and records 8.6.1 Banking (1) This section applies to a person who— (a) is the holder of a minor gaming permit; or (b) administers a pooling scheme as a scheme administrator; or (c) conducts any other activity authorised by this Chapter— or has, at any time in the preceding 12 months, held a minor gaming permit, administered a pooling scheme or conducted an activity referred to in paragraph (c). (2) A person to whom this section applies must— S. 8.6.1(2)(a) amended by No. 64/2014 s. 39(6). (a) keep and maintain a single account, as approved by the Commission, at an ADI in the State for use for all transactions arising under this Chapter in relation to all such permits or activities held or conducted by that person or any pooling scheme administered by that person as a scheme administrator; and S. 8.6.1(2)(b) amended by No. 64/2014 s. 39(6). (b) from time to time provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the ADI referred to in paragraph (a) authorising the ADI to comply with any requirements of an inspector exercising the powers conferred by this section. S. 8.6.1(3) amended by No. 64/2014 s. 39(6). (3) An inspector may, by notice in writing, require the manager or other principal officer of an ADI referred to in subsection (2) to provide the inspector with a statement of an account referred to in that subsection and any other particulars relating to the account that are specified in the notice. (4) A person to whom a notice is given under subsection (3) must comply with the notice. (5) An inspector may not exercise the powers conferred by this section without the prior written approval of the Commission. S. 8.6.1(6) inserted by No. 71/2008 s. 26(1). (6) This section does not apply to— (a) a community or charitable organisation that conducts a session or sessions of bingo only as referred to in section 8.2.4(2); or (b) a person who conducts a session or sessions of bingo only as authorised by section 8.2.4A. 8.6.2 Records S. 8.6.2(1)(aa) inserted by No. 71/2008 s. 26(2). (aa) a community or charitable organisation, but only in relation to transactions related to bingo; (a) the holder of a minor gaming permit; S. 8.6.2(1)(b) amended by No. 104/2004 s. 30(a). (b) a bingo centre operator; S. 8.6.2(1)(c) inserted by No. 104/2004 s. 30(b). (c) the holder of a commercial raffle organiser's licence. (2) Unless a contrary requirement is specified in this Act, a person to whom this section applies must keep records containing the prescribed information in the form approved by the Commission for a period of 3 years after the completion of the transactions to which they relate. S. 8.6.2(3) inserted by No. 71/2008 s. 26(3). (3) This section does not apply to a community or charitable organisation in relation to sessions of bingo referred to in section 8.2.4(2). Division 2—Ongoing notification requirements S. 8.6.3 (Heading) amended by No. 7/2006 s. 10(a). 8.6.3 Change in situation of person or associate S. 8.6.3(1)(aa) inserted by No. 7/2006 s. 10(b). (aa) a community or charitable organisation; S. 8.6.3(1)(a) amended by No. 60/2011 s. 41(1). (a) the holder of a minor gaming permit. S. 8.6.3 (1)(b)(c) repealed by No. 60/2011 s. 41(2). S. 8.6.3(1)(d) substituted by No. 104/2004 s. 39(5)(p), repealed by No. 7/2006 s. 10(c). S. 8.6.3(1)(e)(f) inserted by No. 104/2004 s. 31 (as amended by No. 7/2006 s. 15), repealed by No. 60/2011 s. 41(2). (2) Whenever a change of a kind specified by the Commission in writing given to a person to whom this section applies 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. 8.6.3(3) amended by No. 7/2006 s. 10(d). Part 7—Reviews 8.7.1 Tribunal reviews (1) A person whose interests are affected by a decision of the Commission under this Chapter may apply to the Tribunal for review of the decision. S. 8.7.1(2) amended by No. 104/2004 s. 38. (2) In the case of a decision referred to in section 8.3.18(1), 8.5.25(1) or 8.5A.4(1) made by a single commissioner, a person who could appeal the decision under section 8.3.18, 8.5.25 or 8.5A.4 (as the case requires) cannot apply for review of the decision under this section, but may apply for review of the Commission's decision on an appeal under section 8.3.18, 8.5.25 or 8.5A.4. (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. (4) This section does not apply to— (a) a decision of the Commission under Division 1 of Part 3; or (b) the revocation of a declaration under Division 1 of Part 3. Part 8—General 8.8.1 Refusal to issue licence or permit (1) Without limiting the discretion of the Commission to refuse an application for a licence or permit under this Chapter, the Commission may refuse to grant a licence or permit to a person who at any time has contravened— (a) this Chapter or regulations made for the purpose of this Chapter or a previous Act that corresponds to this Chapter or previous regulations made for the purpose of that Act; or (b) a condition of a licence, permit or approval under this Chapter or a previous Act that corresponds to this Chapter. (2) In determining whether to grant a licence or permit to an organisation, the Commission may consider whether— (a) the organisation; or (b) an associate of the organisation; or (c) a person nominated by the organisation— has contravened a provision of this Act or the regulations or a previous corresponding Act or regulations made under that Act or a condition of a licence, permit, consent or approval under this Act or a previous corresponding Act. (3) In this section, ***associate***, in relation to an organisation, means— (a) a person, body or association having a business association with the organisation; or (b) a director, partner, trustee, executive officer, secretary or any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operation or business of the organisation. Chapter 9—Onboard gaming 9.1.1 Purpose The purpose of this Chapter is to allow gaming on ships operated by a company formed and incorporated pursuant to section 5 of the TT-Line Arrangements Act 1993 of Tasmania as amended and in force for the time being. 9.1.2 Definitions (1) In this Chapter and the applied provisions— ***ship*** means a ship operated by a company formed and incorporated pursuant to section 5 of the TT-Line Arrangements Act 1993 of Tasmania; ***the applied provisions*** means the provisions applying by reason of section 9.2.1; ***the Tasmanian Act*** means the TT-Line Gaming Act 1993 of Tasmania; ***the Tasmanian Minister*** means the Minister of Tasmania administering the Tasmanian Act; ***the Victorian Minister*** means the Minister administering this Act; ***this Chapter*** (except in this Part) includes the applied provisions. (2) Words and expressions used in this Chapter that are defined in the applied provisions have the same respective meaning as in the applied provisions. 9.1.3 Application of Chapter This Chapter does not apply to ships on a voyage other than an inter-state voyage or overseas voyage within the meaning of the Navigation Act 1912 of the Commonwealth. Part 2—Application of Tasmanian Act 9.2.1 Tasmanian Act applies as law of Victoria (1) The Tasmanian Act applies as a law of Victoria and so applies as if amended as set out in Schedule 2. (2) Regulations in force under the Tasmanian Act (other than provisions providing for the citation or commencement of the regulations) apply as laws of Victoria and so apply as if amended as set out in Schedule 3. 9.2.2 Amendment of Schedules If— (a) the Tasmanian Act is, or is to be, amended; or (b) regulations are made, or are proposed to be made, under the Tasmanian Act (whether or not amending other regulations made under the Tasmanian Act)— the Governor in Council may make regulations amending Schedule 2 or 3, as the case requires. Part 3—Further provisions regulating onboard gaming Division 1—Legality of onboard gaming 9.3.1 Legality of onboard gaming S. 9.3.1(1) amended by No. 58/2009 s. 136 (as amended by No. 29/2011 s. 3(Sch. 1 item 43.3)). (1) The conduct and playing of a game on a ship and the use of gaming equipment or monitoring equipment is lawful when the game is conducted, and the gaming equipment or monitoring equipment is provided, in an approved gaming area or approved keno outstation by or on behalf of the operator. (2) The conduct of operations on a ship in an approved gaming area or approved keno outstation in accordance with this Chapter and the conditions of the relevant gaming licence is not a public or private nuisance. 9.3.2 Non-applicability of other laws (1) Nothing in Chapter 3, Chapter 8 or the **Casino Control Act 1991** applies to gaming and gaming operations conducted on ships to which this Chapter applies. S. 9.3.2(2) amended by No. 58/2009 s. 137. (2) Except to the extent (if any) that the regulations otherwise provide, nothing in Chapter 2 applies to the conduct and playing of a game on a ship and the use of gaming equipment or monitoring equipment when the game is conducted, and the gaming equipment or monitoring equipment is provided, in an approved gaming area or approved keno outstation by or on behalf of the operator. Division 2—Conduct of onboard gaming 9.3.3 Limit on number of gaming machines This Chapter does not authorise or permit a number of gaming machines to be placed on a ship in approved gaming areas or approved keno outstations that exceeds the maximum permissible number for the time being approved by the Minister in writing given to the licensee and the Tasmanian Minister. 9.3.4 Unlawful interference with gaming equipment (1) A person must not on a ship— S. 9.3.4(1)(a) amended by No. 58/2009 s. 138. (a) be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with gaming equipment or monitoring equipment; or S. 9.3.4(1)(b) amended by No. 58/2009 s. 138. (b) do any act or thing calculated, or likely, to improperly interfere with gaming equipment or monitoring equipment; or (c) insert, or cause to be inserted, in a gaming machine any thing other than a gaming token of the denomination or type displayed on the gaming machine as a gaming token to be used in order to operate or gain credit on the gaming machine. S. 9.3.4(2) amended by No. 37/2014 s. 10(Sch. item 72.17). (2) If a police officer believes on reasonable grounds that a person has committed an offence under subsection (1), the police officer may search the person for any device or thing that the police officer suspects was used in the commission of the offence. 9.3.5 Inducements, cheating etc. (1) A person must not dishonestly— (c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing— in relation to gaming or the conduct of gaming on a ship, induce— (d) a person licensed under the Tasmanian Act; or (e) an associate of a person so licensed; or (f) a person acting on behalf of a person so licensed— to deliver, give or credit to the person or another person, any money, gaming tokens, benefit, advantage, valuable consideration or security. (2) A person licensed under the Tasmanian Act or an associate of a person so licensed must not dishonestly— (c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing— in relation to gaming or the conduct of gaming on a ship, induce a person to deliver, give or credit to the person so licensed or listed or another person, any money, gaming tokens, benefit, advantage, valuable consideration or security. (3) A person must not dishonestly cause gaming equipment on a ship to deliver, give or credit to the person or another person any gaming tokens, benefit, advantage, valuable consideration or security. (4) A person must not, for the purpose of cheating or stealing in relation to gaming or the conduct of gaming on a ship, use or be in possession of— (a) any gaming tokens that the person knows are bogus or counterfeit; or (b) any thing that permits or facilitates cheating or stealing. Division 3—Taxes 9.3.6 Revenue-sharing agreement (1) The Treasurer or Minister, for and on behalf of the State, may enter into an agreement with the Tasmanian Minister that provides for the payment to Victoria of a proportion of the taxes that are received by the Tasmanian Minister under the Tasmanian Act. (2) An agreement referred to in subsection (1) may include such provisions relating to the conduct of gaming on ships as the parties determine. Part 4—Suspension of Chapter 9.4.1 Suspension of Chapter S. 9.4.1(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.39). (a) the Minister believes on reasonable grounds that the provisions of this Chapter or an agreement under section 9.3.6 are not being complied with in a material respect; or (b) there is no agreement in force under section 9.3.6— the Minister may, by writing given to the Tasmanian Minister, give notice of the Minister's intention to suspend the operation of this Chapter as from a specified date being not less than 14 days after the giving of the notice. (2) Unless the Minister is satisfied within the period specified in a notice under subsection (1) that the operation of this Chapter ought not to be suspended, the Minister may suspend the operation of this Chapter for not more than 3 months by notice published in the Government Gazette within 7 days after the expiration of that period. (3) The Minister— (a) may extend, or further extend, the period of suspension of this Chapter by notice published in the Government Gazette; (b) may terminate the suspension by notice so published. S. 9.4.1(4) amended by No. 23/2025 s. 74(Sch. 1 item 2.39). (4) The Minister must give notice in writing to the Tasmanian Minister of the Minister's decision to suspend, or not to suspend, the operation of this Chapter and of any decision under subsection (3). Ch. 9A (Heading and ss 9A.1.1–9A.1.21) inserted by No. 104/2004 s. 32. Chapter 9A—Licensing of gaming industry employees S. 9A.1.1 inserted by No. 104/2004 s. 32. 9A.1.1 Definitions ***game*** has the same meaning as in Chapter 3; ***gaming*** has the same meaning as in Chapter 3; ***gaming industry employee*** means a person who performs any function or duty referred to in section 9A.1.2; S. 9A.1.1 def. of *gaming machine services provider* inserted by No. 32/2012 s. 15. ***gaming machine services provider*** means a person listed on the Roll who supplies, or intends to supply, testing services to a venue operator that holds a gaming machine entitlement or the monitoring licensee; ***licensee*** means the holder of a gaming industry employee's licence. S. 9A.1.2 inserted by No. 104/2004 s. 32. 9A.1.2 Authority conferred by a gaming industry employee's licence (1) A gaming industry employee's licence authorises the licensee, subject to this Act and any conditions to which the licence is subject— S. 9A.1.2(1)(a) amended by No. 32/2012 s. 16. (a) to be employed by or to work for a venue operator, a monitoring licensee or a gaming machine services provider carrying out prescribed duties; and (b) to perform prescribed functions in a bingo centre; and S. 9A.1.2(1)(c) amended by No. 58/2009 s. 139(1). (c) to service, repair and maintain gaming equipment or monitoring equipment; and S. 9A.1.2 (1)(ca) inserted by No. 4/2014 s. 38(a). (ca) to install, service, repair and maintain player account equipment, or part of a pre-commitment system, on or in a gaming machine; and S. 9A.1.2(1)(d) amended by No. 58/2009 s. 139(2). (d) to test gaming equipment, monitoring equipment or games for the purposes of the issue of certificates referred to in section 3.5.4, 3.5.5 or 3.5.13; and S. 9A.1.2 (1)(da) inserted by No. 4/2014 s. 38(b). (da) for the purposes of the issue of certificates referred to in section 3.8A.4(4)(b), to test a pre-commitment system; and (e) to service, repair and maintain instruments, contrivances, hardware, software or equipment referred to in section 4.2.3 and to test them for the purposes of the issue of certificates referred to in that section; and S. 9A.1.2(1)(f) repealed by No. 28/2022 s. 127(h). (g) to carry out prescribed duties. (2) A gaming industry employee's licence also authorises the licensee, subject to any conditions to which the licence is subject, to test gaming equipment (within the meaning of the **Casino** **Control Act 1991**) for the purposes of the issue of certificates referred to in section 62 of that Act. S. 9A.1.3 inserted by No. 104/2004 s. 32. 9A.1.3 Gaming industry employees to be licensed S. 9A.1.3(1) amended by No. 4/2014 s. 39(1). (1) A person (other than a person referred to in section 9A.1.20) must not perform any of the functions of a gaming industry employee unless the person holds a gaming industry employee's licence and complies with the conditions of the licence. (a) if the function is referred to in section 9A.1.2(1)(c), (1)(ca), (1)(d), (1)(da), (1)(e), (1)(f) or (2)—250 penalty units or imprisonment for 12 months or both; (b) in any other case—60 penalty units or imprisonment for 3 months or both. S. 9A.1.3(2) amended by Nos 32/2012 s. 17, 4/2014 s. 39(2). (2) A venue operator, a monitoring licensee, a bingo centre operator or a gaming machine services provider must not— (a) employ or use the services of a person to perform any function of a gaming industry employee; or (b) allocate, or permit or allow to be allocated, to a person the performance of a function of a gaming industry employee— unless the person holds a gaming industry employee's licence or is a person referred to in section 9A.1.20. (a) if the function is referred to in section 9A.1.2(1)(c), (1)(ca), (1)(d), (1)(da), (1)(e), (1)(f) or (2)—250 penalty units; (b) in any other case—60 penalty units. (3) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that the person exercising the prescribed function was doing so in a bingo centre as a volunteer acting in good faith due to the absence, as a result of an emergency, of a person holding a gaming industry employee's licence. S. 9A.1.4 inserted by No. 104/2004 s. 32. 9A.1.4 Application for gaming industry employee's licence (1) Subject to subsection (2), a natural person may apply to the Commission for a gaming industry employee's licence. (2) An application under subsection (1) cannot be made by— (a) a minor; or (b) a person belonging to a class of persons prescribed as being ineligible to apply for a gaming industry employee's licence. (3) An application for a gaming industry employee's licence must be in the form approved by the Commission and must be accompanied by— (a) the prescribed fee; and (b) the documents, if any, specified by the Commission in the form of application. (4) If a requirement under this section is not complied with, the Commission may refuse to consider the application. Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a gaming industry employee's licence. S. 9A.1.5 inserted by No. 104/2004 s. 32. 9A.1.5 Determination of application (1) The Commission must consider an application for a gaming industry employee's licence and must take into account any submission made by the applicant within the time allowed by the Commission. (2) In considering an application, the Commission must make an assessment of— (a) the integrity, responsibility, personal background and financial stability of the applicant; and (b) the general reputation of the applicant having regard to character, honesty and integrity; and (c) the suitability of the applicant to perform the type of work proposed to be performed by the applicant as a licensee. (3) The Commission must determine an application by either issuing a gaming industry employee's licence to the applicant or refusing the application and must notify the applicant in writing accordingly. (4) The Commission is not required to give reasons for its decision but may give reasons if it thinks fit. S. 9A.1.6 inserted by No. 104/2004 s. 32. 9A.1.6 Conditions of gaming industry employee's licence (1) A gaming industry employee's licence is subject to— (a) any condition imposed by the Commission and notified to the licensee on the issue of the licence or during its currency; and (b) the conditions specified in subsection (3). (2) A condition of a gaming industry employee's licence (other than a condition specified in subsection (3)) may be varied or revoked by the Commission, whether or not on application made to the Commission by the licensee. (3) Every gaming industry employee's licence is subject to the following conditions— S. 9A.1.6(3)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.40). (a) the licensee must not participate in gaming or the playing of bingo, other than as required in the course of the licensee's employment— (i) while on duty (including intervals for meals and other rostered breaks arising in the course of duty); or (ii) at any time when the approved venue or bingo centre is closed to the public; (b) the licensee must comply with the requirements of a notice under section 9A.1.17. S. 9A.1.6(4) amended by No. 23/2025 s. 74(Sch. 1 item 2.40). (4) A licensee must not contravene a condition of the licensee's licence. (5) If a licensee is found guilty of contravening the condition specified in subsection (3)(a), section 3.5.22(2) and (3) apply as if the offence had been against section 3.5.22(1). S. 9A.1.7 inserted by No. 104/2004 s. 32. 9A.1.7 Appeal (1) If a decision to refuse to grant an application for a gaming industry employee's licence, or a decision to grant a gaming industry employee's licence subject to conditions, is made by a single commissioner, the applicant may appeal against the decision to the Commission within 28 days after notification of the decision. (b) in the case of a decision to refuse an application—grant the application, either unconditionally or subject to conditions; or (c) in the case of a decision to grant an application subject to conditions—vary or remove the conditions. (a) must be notified in writing to— (i) the applicant; and S. 9A.1.7 (4)(a)(ii) amended by No. 32/2012 s. 18. (ii) the venue operator, monitoring licensee, bingo centre operator or gaming machine services provider who employs or proposes to employ the applicant, if known to the Commission; and (5) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision that is subject to appeal. S. 9A.1.8 inserted by No. 104/2004 s. 32. 9A.1.8 Identification of gaming industry employee (1) A gaming industry employee must at all times while on duty wear identification of a kind approved by the Commission in such a manner as to be visible to other people. (2) Identification worn— S. 9A.1.8(2)(a) repealed by No. 1/2010 s. 89. (b) on and from the commencement of section 211 of the **Private Security Act 2004**, by a gaming industry employee, who is a crowd controller within the meaning of that Act, that complies with that Act— is sufficient compliance with this section. (3) The Commission may issue replacement identification to a gaming industry employee whose identification has been lost or destroyed. (4) An application for replacement identification must be accompanied by— (a) a statutory declaration as to the circumstances in which the identification was lost or destroyed; and (b) the prescribed fee, if any. S. 9A.1.9 inserted by No. 104/2004 s. 32. 9A.1.9 Provisional licence (1) The Commission may, pending a decision on an application for a gaming industry employee's licence, grant the applicant a provisional gaming industry employee's licence. (2) A provisional licence is subject to any conditions or restrictions of which the Commission gives notice to the provisional licensee when issuing the provisional licence. (3) A provisional licence may be cancelled by the Commission at any time and, unless sooner surrendered or cancelled, ceases to have effect on the determination of the provisional licensee's application for a gaming industry employee's licence. (4) This Act applies to a provisional licence as if it were a gaming industry employee's licence, to the extent that is consistent with this section. S. 9A.1.10 inserted by No. 104/2004 s. 32. 9A.1.10 Duration of gaming industry employee's licence A gaming industry employee's licence remains in force until whichever of the following happens first— (a) the licence is cancelled; or (b) the licensee, by notice in writing, surrenders the licence to the Commission; or (c) the expiration of 10 years after the end of the month in which the licence was granted. S. 9A.1.11 inserted by No. 104/2004 s. 32. 9A.1.11 Renewal of gaming industry employee's licence S. 9A.1.11(1) amended by No. 23/2025 s. 74(Sch. 1 item 2.40). (1) A licensee may, not earlier than 3 months before the expiration of the licensee's current gaming industry employee's licence, apply to the Commission for a new gaming industry employee's licence, in which case— (a) the current licence continues in force until the new licence is issued or its issue is refused; and (b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly. (2) An application for a new licence must be made in a form approved by the Commission and must be accompanied by the prescribed fee. (3) This Act (except provisions relating to the form of an application or the issue of a provisional licence) applies to and in relation to— as if the application has been made by a person other than a licensee. S. 9A.1.12 inserted by No. 104/2004 s. 32. 9A.1.12 Disciplinary action S. 9A.1.12(1) def. of *disciplinary action* amended by No. 23/2025 s. 74(Sch. 1 item 2.41(a)). ***disciplinary action*** in relation to a licensee, means any of the following— (a) the service of a written notice on the licensee censuring the licensee for any action specified in the notice; (b) variation of the gaming industry employee's licence; (c) suspension of the licence for a specified period; (d) cancellation of the licence; (e) cancellation of the licence and disqualification from obtaining or applying for a licence or permit under a gaming Act for a specified period not exceeding 4 years; S. 9A.1.12(1) def. of *grounds for disciplinary action* amended by No. 23/2025 s. 74(Sch. 1 item 2.41(b)). ***grounds for disciplinary action*** means any of the following grounds in respect of a licensee— (a) that the licensee's gaming industry employee's licence was improperly obtained in that, when it was granted, there were grounds for refusing it; (b) that the licensee has been convicted or found guilty of a relevant offence; (c) that the licensee has contravened a condition of the licence; (d) that the licensee has failed to provide information that the licensee is required by this Act to provide or has provided information knowing it to be false or misleading; (e) that the licensee has become an insolvent under administration; (f) that for any reason, the licensee is not a suitable person to be the holder of the licence; ***relevant offence***, in relation to a licensee, means— (b) an offence arising out of or in connection with the employment of the licensee under a gaming Act; or (c) an offence (wherever occurring) involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine). (2) The Commission may serve on a licensee a notice in writing giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. (3) The licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (4) If the Commission decides that there are grounds for disciplinary action against a licensee, the Commission may take the action and does so by giving notice in writing of the action to the licensee. (5) The disciplinary action takes effect when the notice is given or on a later date specified in the notice. S. 9A.1.13 inserted by No. 104/2004 s. 32. 9A.1.13 Suspension of gaming industry employee's licence in connection with criminal proceedings (1) The Commission may suspend the gaming industry employee's licence of a licensee by notice in writing given to the licensee if the Commission is satisfied that the licensee has been charged with, found guilty of or convicted of a relevant offence within the meaning of section 9A.1.12. S. 9A.1.14 inserted by No. 104/2004 s. 32. 9A.1.14 Effect etc. of suspension (1) During any period of suspension of a gaming industry employee's licence, the licensee is deemed not to be the holder of a gaming industry employee's licence. (2) The Commission may, at any time, terminate or reduce a period of suspension of a gaming industry employee's licence. S. 9A.1.15 inserted by No. 104/2004 s. 32. 9A.1.15 Return of licence on suspension or cancellation If the gaming industry employee's licence of a licensee is suspended or cancelled, the licensee must return the licence to the Commission within 14 days after the suspension or cancellation. S. 9A.1.16 inserted by No. 104/2004 s. 32, amended by No. 32/2012 s. 19. 9A.1.16 Termination of employment on suspension or cancellation of licence If a venue operator, monitoring licensee, bingo centre operator or gaming machine services provider receives written notice from the Commission that the gaming industry employee's licence of an employee has been suspended under section 9A.1.12 or 9A.1.13 or cancelled, or has otherwise ceased to be in force, the operator, licensee or provider must, within 24 hours after receiving the notice, terminate the employment that constitutes the exercise of the functions of a gaming industry employee or cause it to be terminated. S. 9A.1.17 inserted by No. 104/2004 s. 32. 9A.1.17 Licensee to provide information relating to licence (1) The Commission, by notice in writing, may require a licensee— S. 9A.1.17 (1)(a) amended by No. 23/2025 s. 74(Sch. 1 item 2.42). (a) to provide, in accordance with directions in the notice, any information relevant to the holding of the licensee's gaming industry employee's licence that is specified in the notice; or (b) to produce, in accordance with directions in the notice, any records relevant to the holding of the licence that are specified in the notice and to permit examination of those records and the making of copies of them. S. 9A.1.18 inserted by No. 104/2004 s. 32, amended by Nos 79/2006 s. 22, 32/2012 s. 20, 27/2013 s. 19, 64/2014 s. 33, substituted by No. 58/2015 s. 9. 9A.1.18 Compulsory training for certain gaming industry employees (a) a venue operator; and (b) the holder of a gaming industry employee's licence; and (c) a person— (i) who is a nominee of a venue operator; and (ii) who performs the duties of a gaming industry employee; and (d) a person who is employed by a venue operator and who, in that employment— (i) works in the gaming machine area of an approved venue; and (ii) has more than incidental contact or interaction with players of gaming machines in the gaming machine area. Cleaners, technicians and tradespersons may be employed by a venue operator to work in the gaming machine area of an approved venue without having more than incidental contact and interaction with players of gaming machines in that area. (2) A person to whom this section applies must comply with the prescribed training requirements. (3) A venue operator who employs a person to whom this section applies must ensure that the person complies with the training requirements prescribed for the purposes of subsection (2). (4) Regulations made for the purposes of subsection (2) may specify— (a) a training course that a person must complete, including by specifying a training course by reference to— (i) the person who provides it; or (ii) the content of the course; and (b) the period within which a person must complete a training course, including by specifying that the person must complete the training course on a recurring basis. S. 9A.1.19 inserted by No. 104/2004 s. 32. 9A.1.19 Venue operator may perform duties of gaming industry employee A natural person who is on duty as— (a) a venue operator or a bingo centre operator; or (b) the nominee of a venue operator or a bingo centre operator— may perform the duties of a gaming industry employee, subject to the conditions in section 9A.1.6, if the person wears identification of a kind required to be worn by gaming industry employees in such a manner as to be visible to other people. S. 9A.1.20 inserted by No. 104/2004 s. 32. 9A.1.20 Volunteers at bingo centres S. 9A.1.20(1) amended by No. 71/2008 s. 27(a). (1) A person may, within any period of 7 days, perform a prescribed function in a bingo centre as a volunteer acting in good faith for only one community or charitable organisation, whether or not the person holds a gaming industry employee's licence. S. 9A.1.20(2) amended by No. 71/2008 s. 27(b). (2) A community or charitable organisation— (a) must notify the Commission of the commencement of the performance of any prescribed functions by a person referred to in subsection (1) not less than 7 days before the person commences to perform them; and (b) must notify the Commission of the cessation of the performance of those functions not more than 28 days after the person ceases to perform them. S. 9A.1.21 inserted by No. 104/2004 s. 32. 9A.1.21 Casino employees (1) A person who holds a casino special employee's licence may apply to the Commission for a gaming industry employee's licence. (2) An application under subsection (1) must be accompanied by— (a) the prescribed fee; and (b) evidence that the applicant is or was employed by a casino operator to perform the functions of a special employee within the meaning of section 37 of the **Casino Control Act 1991**. (3) If the Commission is satisfied that the applicant is or was employed by a casino operator to perform the functions of a special employee within the meaning of section 37 of the **Casino Control Act 1991**, the Commission may issue a gaming industry employee's licence to the applicant. S. 9A.1.22 inserted by No. 7/2006 s. 11. 9A.1.22 Change in situation of licensees (1) Whenever a change of a kind specified by the Commission in writing given to a licensee takes place in the situation existing in relation to the licensee, the licensee must notify the Commission in writing of the change within 14 days after it takes place.