Part 22Gambling Regulation Amendment (Licensing) Act 2009

Part 22—Gambling Regulation Amendment (Licensing) Act 2009 Sch. 7 cl. 22.1 inserted by No. 29/2009 s. 75. 22.1 Current venue operator's licences (1) This clause applies to a venue operator's licence that is in force immediately before the transition day (an ***existing licence***). (2) On the transition day, an existing licence is deemed to have been granted for a term of 10 years from the date the existing licence was granted. ***transition day*** means the day on which section 18(3) of the **Gambling Regulation Amendment (Licensing) Act 2009** comes into operation. Sch. 7 cl. 22.1A inserted by No. 29/2009 s. 75. 22.1A Existing venue operator's licences to be club venue operator's licences or hotel venue operator's licences On the commencement of section 16 of the **Gambling Regulation Amendment (Licensing) Act 2009**— (a) a venue operator that holds a club liquor licence or a racing club licence is deemed to be the holder of a club venue operator's licence; and (b) a venue operator that holds a pub liquor licence is deemed to be the holder of a hotel venue operator's licence. Sch. 7 cl. 22.1AB inserted by No. 58/2009 s. 143. 22.1AB Venue operators that do not hold a club licence, pub licence or racing club licence (1) This clause applies if immediately before the day on which section 143 of the **Gambling Regulation Further Amendment Act 2009** comes into operation (the ***relevant day***) a venue operator (a ***relevant operator)*** does not hold a club licence, pub licence or racing club licence. (2) On the relevant day, a relevant operator that meets the club requirements is to be taken to hold a club venue operator's licence. (3) On the relevant day, a relevant operator that does not meet the club requirements is to be taken to hold a hotel venue operator's licence. (4) In this clause— ***club requirements***, in relation to a relevant operator, means the operator is 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. Sch. 7 cl. 22.1AC inserted by No. 63/2009 s. 3. 22.1AC Transitioning of venue operator licences held by certain racing club operators (1) In this clause— ***club requirements***, in relation to a company to which this clause applies, means— (a) the company is established for a community purpose; and (b) the constituting document of the company contains provisions prohibiting— (ii) the distribution of any surplus to its members on winding up; ***commencement day*** means the day on which section 3 of the **Gambling Regulation Amendment (Racing Club Venue Operator Licences) Act 2009** comes into operation; ***disqualifying restructuring event***, in relation to a company to which this clause applies, means a change in the membership of the company that results in the company having at least one member who is not a holder of a racing club licence; ***new industry arrangements day*** means the first day that is declared as a gaming machine entitlement declared day in relation to a gaming machine entitlement under section 3.4A.1. (2) This clause applies to the following companies— (a) Cranbourne Sports and Entertainment Centre Pty Ltd ACN 084 517 000; (b) Greyhound Promotions Pty Ltd ACN 055 911 281; (c) Horsham Racing Centre Pty Ltd ACN 120 174 941; (d) HRV Management Ltd ACN 114 672 141. (3) On the commencement day, a venue operator's licence held by a company to which this clause applies is taken to be a club venue operator's licence. (4) However, if at any time before the new industry arrangements day a disqualifying restructuring event occurs in relation to a company to which this clause applies, the club venue operator's licence held by that company is taken to be a hotel venue operator's licence on the day the disqualifying restructuring event takes effect. (5) In addition, on the new industry arrangements day a club venue operator's licence held by a company to which this clause applies is taken to be a hotel venue operator's licence if on that day the company does not meet the club requirements. (6) Subclauses (3) to (5) apply despite anything to the contrary in this Act. Sch. 7 cl. 22.1B inserted by No. 29/2009 s. 75. 22.1B Minister's power to make directions relating to gaming machine numbers to continue until specified date Section 3.2.3, as in force immediately before the commencement of section 9 of the **Gambling Regulation Amendment (Licensing) Act 2009**, continues to have effect until 15 August 2012 as if section 9 had not come into operation. Sch. 7 cl. 22.1C inserted by No. 29/2009 s. 75. 22.1C Current Ministerial directions relating to gaming machine numbers (1) This clause applies to a direction of the Minister— (a) made under section 3.2.3 that contains a matter or thing provided for under section 3.2.3(1)(b), (c) or (e); and (b) that is in force immediately before the commencement of section 9 of the **Gambling Regulation Amendment (Licensing) Act 2009**. (2) The direction continues to have effect until 15 August 2012 despite the commencement of section 9 of the of the **Gambling Regulation Amendment (Licensing) Act 2009** and may be amended or revoked accordingly. Sch. 7 cl. 22.2 inserted by No. 29/2009 s. 75. 22.2 Approved betting competitions that are live events (1) An event or class of event that— (a) is the subject of an approval referred to in clause 15.1; and (b) is an event or class of event, or is related to a sport, referred to in Table 1— is taken, on and after the commencement day, to be a sports betting event for the purposes of Part 5 of Chapter 4. **TABLE 1** | American Football | | --- | | Athletics | | Australian Rules Football | | Baseball | | Basketball | | Boxing | | Commonwealth Games | | Cricket | | Cycling | | Golf | | Ironman | | Motor Sport | | Netball | | Olympic Games | | Rugby | | Soccer Football | | Surfing | | Tennis | | Triathlon | | Yachting | ***commencement day*** means the day on which section 75 of the **Gambling Regulation Amendment (Licensing) Act 2009** comes into operation. Sch. 7 cl. 22.3 inserted by No. 29/2009 s. 76. 22.3 Gaming machine advertising and signs—venue operators and casino operators (1) Section 3.5.34AA does not apply to any gaming machine advertising published or caused to be published at any time during the period of 6 months commencing on the day section 64 of the **Gambling Regulation Amendment (Licensing) Act 2009** comes into operation. (2) In subclause (1) ***gaming machine advertising*** has the same meaning as in section 3.5.34AA(8). Sch. 7 cl. 22.4 inserted by No. 29/2009 s. 76. 22.4 Gaming machine advertising and signs—gaming operators (1) Section 3.5.34AB does not apply to any gaming machine advertising published or caused to be published at any time during the period of 6 months commencing on the day section 64 of the **Gambling Regulation Amendment (Licensing) Act 2009** comes into operation. (2) In subclause (1) ***gaming machine advertising*** has the same meaning as in section 3.5.34AB(6). Sch. 7 cl. 22.5 inserted by No. 29/2009 s. 76. 22.5 Gaming machine advertising and signs—gaming operators Despite anything to the contrary in this Act, section 3.5.34 as in force immediately before the commencement of section 64 of the **Gambling Regulation Amendment (Licensing) Act 2009** continues to apply for the period of 6 months commencing on the day section 64 of the **Gambling Regulation Amendment (Licensing) Act 2009** comes into operation. Sch. 7 cl. 22.6 inserted by No. 29/2009 s. 77. 22.6 Trade promotion lotteries Despite anything to the contrary in this Act, Part 7 of Chapter 5, as in force immediately before the commencement of Division 2 of Part 4 of the **Gambling Regulation Amendment (Licensing) Act 2009**, continues to apply for the period of 12 months commencing on the day Division 2 of Part 4 of the **Gambling Regulation Amendment (Licensing) Act 2009** comes into operation to a trade promotion lottery that a person has commenced to conduct before the commencement of that Division. Sch. 7 Pt 23 (Heading and cls 23.1, 23.2) inserted by No. 25/2009 s. 51.