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Gambling Regulation Act 2003
Sch 5Municipal districts within metropolitan Melbourne
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Schedule 5—Municipal districts within metropolitan Melbourne
Section 1.3(1)
1 Banyule.
2 Bayside.
3 Boroondara.
4 Brimbank.
5 Cardinia.
6 Casey.
7 Darebin.
8 Frankston.
9 Glen Eira.
10 Greater Dandenong.
11 Hobsons Bay.
12 Hume.
13 Kingston.
14 Knox.
15 Manningham.
16 Maribyrnong.
17 Maroondah.
18 Melbourne.
19 Melton.
20 Monash.
21 Moonee Valley.
22 Moreland.
23 Mornington Peninsula.
24 Nillumbik.
25 Port Phillip.
26 Stonnington.
27 Whitehorse.
28 Whittlesea.
29 Wyndham.
30 Yarra.
31 Yarra Ranges.
Sch. 6 amended by Nos 2/2009 s. 23, 70/2004 s. 15, repealed by No. 29/2011 s. 3(Sch. 1 item 42.3).
Schedule 7—Transitional provisions
Section 12.2.1
1.1 Definitions
In this Schedule—
***Authority*** means the Victorian Casino and Gaming Authority established by section 82 of the **Gaming and Betting Act 1994**;
***commencement day*** means the day on which section 12.2.1 comes into operation;
***Director*** means Director of Gaming and Betting under Part 9 of the **Gaming and Betting Act 1994**;
***Director of Casino Surveillance*** means Director of Casino Surveillance under section 94 of the **Casino Control Act 1991**;
***superseded Act*** means—
(a) the **Club Keno Act 1993**;
(b) the **Gaming and Betting Act 1994**;
(c) the **Gaming Machine Control Act 1991**;
(d) the **Gaming No. 2 Act 1997**;
(e) the **Interactive Gaming (Player Protection) Act 1999**;
(f) the **Lotteries Gaming and Betting Act 1966**;
(g) the **Public Lotteries Act 2000**;
(h) the **TT-Line Gaming Act 1993**.
1.2 General transitional provisions
(1) Except where the contrary intention appears, this Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**.
(2) If a provision of a superseded Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—
(a) any other provisions of the superseded Act necessary to give effect to that continued provision; and
(b) any regulations made under the superseded Act for the purposes of that continued provision.
1.3 Savings and transitional regulations
The regulations may contain provisions of a savings and transitional nature consequent on the repeal of a superseded Act.
Part 2—General prohibition on gambling
2.1 Unlawful lotteries and games
(1) An approval by the Minister of the conduct of Calcutta Sweepstakes under section 6 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Minister under section 2.2.9 subject to any conditions to which the approval was subject immediately before that day.
(2) An approval by the Minister under section 11A(1)(b) or (3)(c) of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Minister under section 2.3.2(1)(b) or (3)(c) (as the case requires).
2.2 Betting offences
(1) An approval by the authorized officer under section 38(2) of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be an approval by a prescribed person under section 2.5.10(1)(b).
(2) An approval by the Minister of a group of races under the further proviso to section 40(1) of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Minister under section 2.5.16(1)(b).
(3) An approval by the Minister under section 42A(2) of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Minister under section 2.5.19(2) subject to any conditions to which the approval was subject immediately before that day.
2.3 Common gaming houses
(1) A special warrant issued under section 45 of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be a special warrant issued under section 2.5.21(2).
(2) A notice to quit served under section 49(1) of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be a notice to quit served under section 2.5.25(1).
(3) A declaration by the Magistrates' Court under section 51(4) of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be a declaration by the Magistrates' Court under section 2.5.27(1).
(4) A special warrant issued under section 61 of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be a special warrant issued under section 2.5.39(3).
(5) A warrant to imprison issued under section 62 of the **Lotteries Gaming and Betting Act 1966** that was in force immediately before the commencement day is taken, on and after that day, to be a warrant to imprison issued under section 2.5.40.
Part 3—Gaming machines
3.1 Declaration of gaming machines and types
An Order of the Governor in Council under section 6 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an Order of the Governor in Council under section 3.1.3.
3.2 Ministerial directions and regional limits
(1) A direction given to the Authority by the Minister under section 12 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a direction given to the Commission by the Minister under section 3.2.3.
(2) An order published by the Minister under section 12AA of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an order published by the Minister under section 3.2.4.
(3) A determination of the Authority under section 12AA(2) or a direction of the Authority under section 12AA(3) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Commission under section 3.2.4(2) or a direction of the Commission under section 3.2.4(3) (as the case requires).
3.3 Premises approvals
(1) An approval of premises under Part 2A of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of premises under Part 3 of Chapter 3 subject to any conditions to which the approval was subject immediately before that day.
(2) An approval of premises referred to in subsection (1) remains in force until the approval is revoked or surrendered under this Act.
(3) However, if the approval allows the premises to be open for 24 hour gaming on any day, the approval does not have force so as to allow 24 hour gaming at any time after the approval would have expired under section 12I of the **Gaming Machine Control Act 1991**.
3.4 Venue operator's licences
(1) A venue operator's licence under Division 2 of Part 3 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a venue operator's licence under Division 2 of Part 4 of Chapter 3 subject to any conditions to which the licence was subject immediately before that day.
(2) A provisional venue operator's licence under Division 2 of Part 3 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a provisional venue operator's licence under Division 2 of Part 4 of Chapter 3 subject to any conditions to which the licence was subject immediately before that day.
(3) The holder of a provisional operator's licence referred to in subclause (2) that was in force immediately before the commencement of section 5 of the **Gambling Legislation (Miscellaneous Amendments) Act 2000**, must notify the Commission of the expiry of that provisional licence at least 45 days before the provisional licence is due to expire.
(4) A nomination and approval of a person as the nominee of a venue operator under section 25A of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be the nomination and approval of the person under section 3.4.14.
(5) Section 30 of the **Gaming Machine Control Act 1991** continues to apply to any disciplinary action commenced but not completed against a venue operator under that section before the commencement day as if a reference in that section—
(b) to a venue operator's licence were a reference to the venue operator's licence under this Act.
(6) For the purposes of subclause (5), disciplinary action is taken to have commenced against a venue operator if the Authority has served a notice on the venue operator under section 30(2) of the **Gaming Machine Control Act 1991**.
(7) If a suspension of a venue operator's licence under section 30(7A) of the **Gaming Machine Control Act 1991** is in force immediately before the commencement day, the suspension is taken, on and after that day, to be a suspension of the licence under section 3.4.27.
3.5 Gaming operator's licences
(1) A gaming operator's licence under Division 3 of Part 3 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a gaming operator's licence under Division 3 of Part 4 of Chapter 3 for the balance of the term of the licence subject to any conditions to which the licence was subject immediately before that day.
(2) A gaming operator's licence granted under section 3.4.29 on or after the commencement day must not commence before the expiry, or earlier termination, of the gaming operator's licence held by the Trustees immediately before the commencement day.
(3) A declaration of a wholly-owned subsidiary of the Trustees as operator under section 3A of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a declaration of the subsidiary as operator under section 3.9.1.
(4) Section 38 of the **Gaming Machine Control Act 1991** continues to apply to any disciplinary action commenced but not completed against a gaming operator under that section before the commencement day as if a reference in that section—
(b) to a gaming operator's licence were a reference to the gaming operator's licence under this Act.
(5) For the purposes of subclause (4), disciplinary action is taken to have commenced against a gaming operator if the Authority has served a notice on the gaming operator under section 38(1) of the **Gaming Machine Control Act 1991**.
(6) Section 38A of the **Gaming Machine Control Act 1991** continues to apply to any application made to the Supreme Court under that section before the commencement day that had not been determined by the Court before that day as if a reference in that section—
(b) to a gaming operator's licence were a reference to the gaming operator's licence under this Act.
3.6 Special employee's licences
(1) A special employee's licence under Division 4 of Part 3 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a special employee's licence under Division 4 of Part 4 of Chapter 3 subject to any conditions to which the licence was subject immediately before that day.
(2) A provisional licence under section 48 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a provisional special employee's licence under section 3.4.45 subject to any conditions to which the licence was subject immediately before that day.
(3) Subsections (6) to (10) of section 45 of the **Gaming Machine Control Act 1991** continue to apply in respect of a decision of the Director under section 45 of that Act made before the commencement day (unless an appeal has already been determined in respect of that decision) as if—
(b) a reference in subsection (8) of that section to a licence were a reference to a special employee's licence.
(4) Section 51 of the **Gaming Machine Control Act 1991** continues to apply to any disciplinary action commenced but not completed against a licensee (within the meaning of that section) under that section before the commencement day as if a reference in that section—
(a) to the Authority or the Director were a reference to the Commission; and
(b) to a licence were a reference to the special employee's licence under this Act.
(5) For the purposes of subclause (4), disciplinary action is taken to have commenced against a licensee if the Director has commenced an inquiry in respect of the licensee under section 51(2) of the **Gaming Machine Control Act 1991**.
(6) If a suspension of a special employee's licence by the Director under section 52 of the **Gaming Machine Control Act 1991** is in force immediately before the commencement day, the suspension is taken, on and after that day, to be a suspension of the licence by the Commission under section 3.4.49.
Sch. 7 cl. 3.6(7) repealed by No. 79/2006 s. 23.
3.7 Technician's licences
(1) A technician's licence under Division 5 of Part 3 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a technician's licence under Division 5 of Part 4 of Chapter 3 subject to any conditions to which the approval was subject immediately before that day.
(2) Clause 3.6 (other than subclause (1)) applies with any necessary modifications to applications for technician's licences and technician's licences under the **Gaming Machine Control Act 1991**.
3.8 Roll of Manufacturers, Suppliers and Technicians
(1) A person who was listed on the Roll of Suppliers under Division 6 of Part 3 of the **Gaming Machine Control Act 1991** immediately before the commencement day is taken, on and after that day, to be listed on the Roll under Division 7 of Part 4 of Chapter 3 subject to any conditions to which the listing was subject immediately before that day.
(2) Section 66 of the **Gaming Machine Control Act 1991** continues to apply to any disciplinary action commenced under that section before the commencement day but not completed before that day against a person listed on the Roll of Suppliers under that Act as if a reference in that section—
(b) to the Roll of Suppliers were a reference to the Roll under this Act.
(3) For the purposes of subclause (2), disciplinary action is taken to have commenced against a person listed on the Roll if the Authority has served a notice on the person under section 66(2) of the **Gaming Machine Control Act 1991**.
3.9 Manufacture, supply and possession of gaming machines
(1) Any authority of the Authority or the Director under section 7(2) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an authority of the Commission under section 3.5.1(4) subject to any conditions to which the authority was subject immediately before that day.
(2) Any authorisation by the Authority or the Director under section 8(1) or (2) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an authorisation by the Commission under section 3.2.2(1) or (2) (as the case requires) subject to any conditions to which the authorisation was subject immediately before that day.
3.10 Controls over gaming machines and games
(1) Any standards of the Director under section 68A of the **Gaming Machine Control Act 1991** that were in force immediately before the commencement day are taken, on and after that day, to be standards made by the Commission under section 3.5.3.
(2) Any approval or deemed approval of a gaming machine type or game under section 69 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the gaming machine type or game under section 3.5.4 subject to any conditions to which the approval was subject immediately before that day.
(3) Despite anything to the contrary in subclause (2), the holder of the gaming licence under Chapter 4 may not use more than 460 gaming machines of the type deemed under section 69(6) of the **Gaming Machine Control Act 1991** to be approved.
(4) Subclause (3) does not apply if the Commission approves the gaming machine type in accordance with section 3.5.4(3).
(5) The Commission must not, under section 3.5.6, withdraw the approval of a gaming machine type or game to which section 69(6) of the **Gaming Machine Control Act 1991** applied immediately before the commencement day, unless the Commission is satisfied that the machine or game has been altered.
(6) An identification number issued for a gaming machine by the Director under section 72(1) or (2) of the **Gaming Machine Control Act 1991** before the commencement day is taken, on and after that day, to be an identification number issued by the Commission under section 3.5.8(1) or (2) (as the case requires).
(7) A label affixed to a gaming machine in accordance with section 72(3) of the **Gaming Machine Control Act 1991** before the commencement day is taken, on and after that day, to be a label affixed to the machine in accordance with section 3.5.8(3).
(8) A gaming machine that, immediately before the commencement day, is sealed in accordance with section 73 of the **Gaming Machine Control Act 1991** is taken, on and after that commencement, to be sealed in accordance with section 3.5.9.
(9) Any authorisation of a person by the Director under section 75(1) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an authorisation of the person by the Commission under section 3.5.11.
(10) Any approval or deemed approval of an electronic monitoring system or a variation of an electronic monitoring system under section 75B of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the system or variation (as the case requires) under section 3.5.13 subject to any conditions to which the approval was subject immediately before that day.
(11) Any approval of the Authority under section 77 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 3.5.15 or 3.5.16 (as the case requires).
(12) Any rules of the Authority under section 78 of the **Gaming Machine Control Act 1991** that were in force immediately before the commencement day are taken, on and after that day, to be rules made by the Commission under section 3.5.23.
(13) Any direction given to a gaming operator or venue operator by the Authority under section 80 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a direction given to the gaming operator or venue operator by the Commission under section 3.5.27.
(14) Section 3.5.29(1) and (2) do not apply, before 1 January 2008, to a game that was approved by the Authority under the **Gaming Machine Control Act 1991** before 1 January 2003.
(15) A notice published by the Authority under section 77B(4) or 77C(2) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a notice published by the Commission under section 3.5.29(3) or 3.5.30(2) (as the case requires).
(16) Any procedures approved by the Authority for resolving disputes under section 83(3) of the **Gaming Machine Control Act 1991** that were in force immediately before the commencement day are taken, on and after that day, to be procedures approved by the Commission under section 3.5.20(3).
3.11 Gaming machine advertising and signs
(1) Section 3.5.34(1) does not apply to any gaming machine advertising published or caused to be published at any time during the period of 6 months after the commencement of that section.
(2) Any contract or arrangement for the publication of gaming machine advertising that was entered into before the commencement of section 3.5.34 ceases to have effect 6 months after that commencement.
(3) Section 3.5.35(1) does not apply to any gaming machine related sign displayed or caused to be displayed at any time during the period of 12 months after the commencement of that section.
(4) Any contract or arrangement for displaying a gaming machine related sign (being a sign that is displayed in contravention of section 3.5.35(1)) that was entered into before the commencement of section 3.5.35 ceases to have effect 12 months after that commencement.
3.12 Loyalty schemes
(1) A written statement given to a person by a loyalty scheme provider under section 82A of the **Gaming Machine Control Act 1991** before the commencement day is taken, on and after that day, to be a statement given to the person under section 3.5.36.
(2) A limit set by a participant in a loyalty scheme under section 82A(2) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a limit set by the participant under section 3.5.36(2).
3.13 Notices regarding minors
A direction given to a venue operator by the Authority under section 96 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a direction given to the venue operator by the Commission under section 3.5.52.
3.14 Taxation, etc.
(1) A determination of the Treasurer under section 135A(3) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Treasurer under section 3.6.3(3).
(2) An amount paid in respect of a financial year in accordance with section 135B of the **Gaming Machine Control Act 1991** before the commencement day is taken, on and after that day, to be an amount paid in respect of that year under section 3.6.11.
(3) A determination of the Treasurer under section 135D(1) or (2) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Treasurer under section 3.6.5(1) or (2) (as the case requires).
(4) A community benefit statement lodged with the Authority under section 136AB of the **Gaming Machine Control Act 1991** before the commencement day is taken, on and after that day, to be a community benefit statement lodged with the Commission under section 3.6.9.
(5) A form of community benefit statement approved by the Minister under section 136AB(2)(a) of the **Gaming Machine Control Act 1991** before the commencement day is taken, on and after that day, to be a form approved by the Minister under section 3.6.9(2)(a).
(6) An order of the Minister under section 136AB(3) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an order of the Minister under section 3.6.9(3).
(7) Despite section 3.6.12, the total amount paid into the Community Support Fund under section 3.6.12 in respect of the financial year commencing on 1 July 2003 is to be the amount paid to the Consolidated Fund under section 3.6.6(2)(c) in respect of that financial year less $25 000 000.
3.15 Compliance requirements
(1) An approval of the Authority under section 131 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 3.7.3.
(2) An exemption granted by the Authority under section 133(2) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be an exemption granted by the Commission under section 3.7.5(2).
(3) A notice given to a venue operator by the Authority under section 134(6) of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a notice given to the venue operator by the Commission under section 3.7.6(6).
(4) A specification in writing given to a person by the Director under section 142 of the **Gaming Machine Control Act 1991** that was in force immediately before the commencement day is taken, on and after that day, to be a specification in writing given to the person by the Commission under section 3.8.1.
(5) An investigation by the Authority under section 142A(1) of the **Gaming Machine Control Act 1991** that was begun but not completed before the commencement day may be completed on or after that day by the Commission as an investigation under section 3.8.3.
(6) A notice given to a person by the Authority under section 142A(3), (4A), (4B) or (5) of the **Gaming Machine Control Act 1991** before the commencement day is taken on and after that day, for the purposes of section 3.8.4, to be a notice given to the person by the Commission under section 3.8.4(1), (3), (4) or (5) (as the case requires).
Part 4—Wagering and betting
4.1 Approval of totalisator equipment
(1) Any approval or deemed approval of equipment in connection with a totalisator or approved betting competition or a change in equipment under section 70 of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the equipment or change (as the case requires) under section 4.2.3 subject to any conditions to which the approval was subject immediately before that day.
(2) Any rules of the licensee under section 72 of the **Gaming and Betting Act 1994** that were in force immediately before the commencement day are taken, on and after that day, to be rules made by the licensee under section 4.2.5.
4.2 Wagering licence and gaming licence
(1) The wagering licence granted under section 12(1)(a) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be the wagering licence under Part 3 of Chapter 4 for the balance of the term of the licence subject to any conditions to which the licence was subject immediately before that day.
(2) The gaming licence granted under section 12(1)(b) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be the gaming licence under Part 3 of Chapter 4 for the balance of the term of the licence subject to any conditions to which the licence was subject immediately before that day.
(3) The appointment by the licensee of a wholly-owned subsidiary as operator of the wagering licence under section 22(1) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an appointment of the subsidiary as operator of the wagering licence under section 4.3.15(1)(a).
(4) The appointment by the licensee of a wholly-owned subsidiary as an operator of the gaming licence under section 22(2) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an appointment of the subsidiary as an operator of the gaming licence under section 4.3.15(1)(b).
(5) Section 32 of the **Gaming and Betting Act 1994** continues to apply to any disciplinary action commenced but not completed against the licensee or an operator under that section before the commencement day as if a reference in that section—
(b) to a licence were a reference to the wagering licence or the gaming licence under this Act.
(6) For the purposes of subclause (5), disciplinary action is taken to have commenced against the licensee or an operator if the Authority has served a notice on the licensee and operator under section 32(1) of the **Gaming and Betting Act 1994**.
(7) Section 33 of the **Gaming and Betting Act 1994** continues to apply to any application made to the Supreme Court under that section before the commencement day that had not been determined by the Court before that day as if a reference in that section—
(b) to a wagering licence and a gaming licence were a reference to the wagering licence and the gaming licence under this Act.
4.3 Shareholding requirements
(1) A notice served on a person by the Minister or a director or the secretary of the licensee under section 55(1) of the **Gaming and Betting Act 1994** before the commencement day that had not been complied with before that day is taken, on and after that day, to be a notice served on the person by the Minister, director or secretary (as the case requires) under section 4.3.21.
(2) A declaration of the Minister under section 55(3) of the **Gaming and Betting Act 1994** before the commencement day that is still in force on that day is taken, on and after that day, to be a declaration of the Minister under section 4.3.21(3).
(3) If notice of a declaration referred to in subclause (2) has been served on a person in accordance with section 55(4) of the **Gaming and Betting Act 1994** before the commencement day, it is taken to have been served on the person under section 4.3.21(4).
(4) A declaration of the Minister under section 56(1) of the **Gaming and Betting Act 1994** before the commencement day that is still in force on that day is taken, on and after that day, to be a declaration of the Minister under section 4.3.22(1).
(5) Section 59(4) and (5) of the **Gaming and Betting Act 1994** continues to apply to any application for review under that section before the commencement day that had not been determined by the Minister before that day as if a reference in that section to the licensee were a reference to the licensee under Part 3 of Chapter 4.
(6) Section 60 of the **Gaming and Betting Act 1994** continues to apply to any appeal to the Supreme Court under that section before the commencement day that had not been determined by the Court before that day as if a reference in that section to the licensee were a reference to the licensee under Part 3 of Chapter 4.
4.4 On-course wagering permits
(1) An on-course wagering permit under Part 3 of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an on-course wagering permit under Part 4 of Chapter 4 subject to any conditions to which the permit was subject immediately before that day.
(2) A determination of the Treasurer under section 47(1) or (2) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Treasurer under section 4.4.12(1) or (2) (as the case requires).
4.5 Approved betting competitions
An approval of a betting competition under Part 5 of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the betting competition under Part 5 of Chapter 4 subject to any conditions to which the approval was subject immediately before that day.
4.6 Taxes
A determination of the Treasurer under section 79(1) or (2) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Treasurer under section 4.6.7(1) or (2) (as the case requires).
4.7 Offences
Any conditions imposed by the Minister under section 114(2)(c) of the **Gaming and Betting Act 1994** that were in force immediately before the commencement day are taken, on and after that day, to be conditions imposed by the Minister under section 4.7.2(2)(c).
4.8 Compliance requirements
(1) An approval of the Authority under section 121 of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 4.8.2.
(2) An approval of the Authority under section 123(1)(a) or (2)(a) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 4.8.4(1)(a) or (2)(a) (as the case requires).
(3) An exemption granted by the Authority under section 123(3) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an exemption granted by the Commission under section 4.8.4(3).
(4) An approval of an auditor by the Authority under section 124(1) or (2) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the auditor by the Commission under section 4.8.5(1) or (2) (as the case requires).
(5) An agreement by the Authority for extension of time under section 124(4) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be an agreement to that extension by the Commission under section 4.8.5(4).
(6) A notice given to a subsidiary of the licensee by the Authority under section 124(5) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be a notice given to the subsidiary by the Commission under section 4.8.5(5).
(7) A notice given to an operator or permit holder by the Authority under section 126(4) of the **Gaming and Betting Act 1994** that was in force immediately before the commencement day is taken, on and after that day, to be a notice given to the operator or permit holder by the Commission under section 4.8.6(4).
Part 5—Lotteries
5.1 Lottery rules
(1) Any rules made by a licensee under section 7 of the **Public Lotteries Act 2000** that were in force immediately before the commencement day are taken, on and after that day, to be rules made by the licensee under section 5.2.2.
(2) If a licensee has complied with section 7(4) of the **Public Lotteries Act 2000** before the commencement day in respect of any lottery rules, the licensee is taken, on and after that day, to have complied with section 5.2.2(4) in respect of those rules.
5.2 Conduct of public lotteries
A nomination by the Director of a person to supervise a draw under section 11 of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be the nomination of the person by the Commission under section 5.2.6.
5.3 Public lottery licences
(1) A determination of the Minister under section 17 of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Minister under section 5.3.1.
(2) A licence issued under Part 3 of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be a public lottery licence issued under Part 3 of Chapter 5 for the balance of the term of the licence subject to any conditions to which the licence was subject immediately before that day.
(3) If the Minister complied with section 32 of the **Public Lotteries Act 2000** in respect of a licence referred to in subsection (2) before the commencement day, the Minister is taken to have complied with section 5.3.11 in respect of the licence.
(4) An application for a licence under Part 3 of the **Public Lotteries Act 2000** that was made but not determined by the Minister before the commencement day may be determined by the Minister on or after that day as if it were an application under Part 3 of Chapter 5 for a public lottery licence.
(5) For the purposes of determining an application referred to in subsection (4), the Minister may have regard to any investigation undertaken by, any report made by, or anything else done by, the Authority or the Secretary under Part 3 of the **Public Lotteries Act 2000** in relation to the application before the commencement day.
(6) A request for the amendment of a licence made under section 38 of the **Public Lotteries Act 2000** but not determined before the commencement day may be determined by the Minister after that day as if it were a request made under section 5.3.16 and, for that purpose, the Minister must have regard to any objections made under section 40 of the **Public Lotteries Act 2000** as if they were objections made under section 5.3.18.
(7) Division 5 of Part 3 of the **Public Lotteries Act 2000** continues to apply to any disciplinary action commenced but not completed against a licensee or an appointed subsidiary of a licensee under that Division before the commencement day as if a reference in that section—
(a) to the Authority or the Secretary were a reference to the Commission; and
(b) to a licence were a reference to a public lottery licence under this Act.
(8) For the purposes of subclause (7), disciplinary action is taken to have commenced against a licensee or subsidiary if the Authority or Secretary has given notice to the licensee or subsidiary under section 44(1) of the **Public Lotteries Act 2000**.
(9) If a suspension of a licence under section 46 of the **Public Lotteries Act 2000** is in force immediately before the commencement day, the suspension is taken, on and after that day, to be a suspension of the licence under section 5.3.24.
5.4 Trustees entitled to public lottery licence
The Trustees' public lottery licence for the conduct of consultations and soccer football pools (within the meaning of the **Public Lotteries Act 2000**) remains in force until 30 June 2007, unless it is surrendered, cancelled or suspended earlier in accordance with this Act.
5.5 Subsidiaries appointed to conduct public lotteries
(1) An appointment of a subsidiary of a licensee under section 35 of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be an appointment of the subsidiary by the licensee under section 5.3.14.
(2) An approval or deemed approval by the Authority of a wholly-owned subsidiary of a licensee under section 36 of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be an approval by the Commission under section 5.3.15.
5.6 Taxes
A determination of the Treasurer under section 53(1) or (2) of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Treasurer under section 5.4.2(1) or (2) (as the case requires).
5.7 Saving of existing agreements with other jurisdictions
(1) An Order in Council in force under section 59(1) of the **Public Lotteries Act 2000** immediately before the commencement day is taken on and after that day to be an Order in Council under section 5.4.7(1).
(2) An agreement in force or deemed to be in force under section 59(2)(b) of the **Public Lotteries Act 2000** immediately before the commencement day is taken on and after that day, for the balance of the term of the agreement, to be an agreement made under section 5.4.7(2)(b).
5.8 Compliance requirements
(1) An approval of a form by the Minister under section 61(2)(a) of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the form by the Minister under section 5.5.2(2)(a).
(2) An extension of time granted by the Minister under section 63(2) of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be an extension of time granted by the Minister under section 5.5.4(2).
(3) A direction given to a licensee by the Authority under section 66 of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be a direction given to the licensee by the Commission under section 5.5.7.
5.9 Claims for prizes
(1) Section 68 of the **Public Lotteries Act 2000** continues to apply on and after the commencement day to a request made to the Authority under section 68(2) of that Act before that day if the claim to which the request relates is not resolved before that day as if a reference in that section to the Authority were a reference to the Commission.
(2) For the purposes of subclause (1), the Commission may have regard to any investigation carried out by the Authority under section 68(4) of the **Public Lotteries Act 2000** in respect of the request before the commencement day.
Sch. 7 cl. 5.9(3) inserted by No. 45/2004 s. 40.
(3) Despite the repeal of the **Public Lotteries Act 2000**, every prize in a public lottery conducted in June 2004 under that Act that remains unclaimed as at the expiration of 31 May 2005 must be paid to the Treasurer in accordance with section 5.5.9(1) as if that public lottery were a public lottery conducted under this Act.
5.10 Complaints
(1) Section 70 of the **Public Lotteries Act 2000** continues to apply on and after the commencement day to a complaint made or referred to a licensee or the Authority under that section before that day if the complaint has not been finalised before that day as if a reference in that section to the Authority were a reference to the Commission.
(2) For the purposes of subclause (1), a complaint is taken to have been finalised when notice of the results of the inquiry into the complaint has been given to the complainant.
5.11 Ongoing monitoring
(1) A specification in writing given to a person by the Authority under section 67(3) of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be a specification in writing given to the person by the Commission under section 5.6.1(3).
(2) An approval of the Authority under section 48(2)(b) of the **Public Lotteries Act 2000** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 5.6.2(b).
(3) A notice given to a person by the Authority under section 51 of the **Public Lotteries Act 2000** before the commencement day is taken, on and after that day, to be a notice given to the person by the Commission under section 5.6.4.
(4) An investigation by the Authority under section 50 of the **Public Lotteries Act 2000** that was begun but not completed before the commencement day may be completed on or after that day by the Commission as an investigation under section 5.6.5.
(5) A notice given to a person by the Authority under section 49(1)(b), (2), (3) or (5) of the **Public Lotteries Act 2000** before the commencement day is taken, on and after that day, for the purposes of section 5.6.6, to be a notice given to the person by the Commission under section 5.6.6(1)(b), (2), (3) or (5) (as the case requires).
5.12 Trade promotion lotteries
(1) A permit to conduct a lottery under Part 4 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a permit to conduct a trade promotion lottery under Part 7 of Chapter 5 subject to any conditions to which the permit was subject immediately before that day.
(2) A nomination and approval of a person as nominee of a permit holder under section 28A of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a nomination and approval of the person under section 5.7.7.
(3) Section 92 of the **Gaming No. 2 Act 1997** continues to apply to any disciplinary action commenced under that section but not completed against the holder of a permit under section 28 of that Act before the commencement day as if a reference in that section—
(a) to the Authority or the Director were a reference to the Commission; and
(b) to the permit under section 28 of that Act were a reference to a permit to conduct a trade promotion lottery under Part 7 of Chapter 5 of this Act.
(4) For the purposes of subclause (3), disciplinary action is taken to have commenced against a permit holder if the Director has commenced an inquiry in respect of the permit holder under section 92(2) of the **Gaming No. 2 Act 1997**.
(5) If a suspension under section 92(9) of the **Gaming No. 2 Act 1997** of a permit under Part 4 of that Act is in force immediately before the commencement day, the suspension is taken, on and after that day, to be a suspension of the permit under section 5.7.15.
(6) A specification in writing given to a holder of a permit under Part 4 of the **Public Lotteries Act 2000** by the Authority under section 91 of that Act that was in force immediately before the commencement day is taken, on and after that day, to be a specification in writing given to the permit holder by the Commission under section 5.7.17.
Part 6—Club keno
6.1 Approval of club keno
The game approved as club keno by the Minister under the **Club Keno Act 1993** as in force immediately before the commencement day is taken, on and after that day, to be the game approved as club keno by the Minister under Chapter 6.
6.2 Commercial arrangements between participants
(1) Any commercial arrangements agreed by the Minister under section 5(1) of the **Club Keno Act 1993** that were in force immediately before the commencement day are taken, on and after that day, to be commercial arrangements agreed by the Minister under section 6.2.2(1).
(2) Section 5(3) of the **Club Keno Act 1993** continues to apply to any application to the Supreme Court made under that section but not determined before the commencement day as if a reference in that section to the authorisation under that section were a reference to the authorisation under section 6.2.2.
6.3 Subsidiary of Trustees
A declaration by the Minister of a wholly-owned subsidiary of the Trustees as a participant under section 3A of the **Club Keno Act 1993** that was in force immediately before the commencement day is taken, on and after that day, to be a declaration of the subsidiary as a participant under section 6.5.1.
6.4 Conduct of club keno games
An order of the Director under section 13N of the **Club Keno Act 1993** that was in force immediately before the commencement day is taken, on and after that day, to be an order of the Commission under section 6.2.7.
6.5 Compliance requirements
An extension of time granted by the Treasurer under section 10(6) of the **Club Keno Act 1993** that was in force immediately before the commencement day is taken, on and after that day, to be an extension of time granted by the Treasurer under section 6.4.2(4).
6.6 Investigation of complaints
Section 13M of the **Club Keno Act 1993** continues to apply on and after the commencement day to a complaint made to the Director under that section before that day if the investigation of the complaint has not been finalised before that day as if a reference in that section to the Director were a reference to the Commission.
Part 7—Interactive gaming
7.1 Participating jurisdictions
(1) An Order in Council under section 6(1) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be an Order in Council under section 7.1.5(1).
(2) An agreement referred to in section 6(2)(a) or (b) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be an agreement referred to in section 7.1.5(2)(a) or (b) (as the case requires).
7.2 Prohibited games
A notice of the Minister under section 8(2) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a notice of the Minister under section 7.1.4(2).
7.3 Interactive gaming licences
(1) An interactive gaming licence under Part 3 of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be an interactive gaming licence under Part 3 of Chapter 7 subject to any conditions to which the licence was subject immediately before that day.
(2) Section 29 of the **Interactive Gaming (Player Protection) Act 1999** continues to apply to any disciplinary action commenced but not completed against a licensed provider under that section before the commencement day as if a reference in that section—
(b) to an interactive gaming licence were a reference to the interactive gaming licence under this Act.
(3) For the purposes of subclause (2), disciplinary action is taken to have commenced against a licensed provider if the Authority has served a notice on the licensed provider under section 29(2) of the **Interactive Gaming (Player Protection) Act 1999**.
(4) If a suspension of an interactive gaming licence under section 29(8) of the **Interactive Gaming (Player Protection) Act 1999** was in force immediately before the commencement day, the suspension is taken, on and after that day, to be a suspension of the licence under section 7.3.13.
(5) An endorsement of a person's name on an interactive gaming licence by the Authority under section 33 of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be an endorsement of the person's name on the licence under section 7.3.15.
(6) An extension of time allowed by the Authority under section 35 of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be an extension of time allowed by the Commission under section 7.3.17.
7.4 Player registration
The registration of a person with a licensed provider as a player under Part 2 of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be the registration of the person with the licensed provider as a player under Division 1 of Part 4 of Chapter 7.
7.5 Conduct of interactive gaming
(1) An approval by the Authority for the purposes of section 10 of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be an approval by the Commission for the purposes of section 7.4.4.
(2) A direction of the Authority under section 55 of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a direction of the Commission under section 7.4.7.
7.6 Prizes
(1) An approval by the Authority under section 50(2)(a) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be an approval by the Commission under section 7.4.12(2)(a).
(2) Section 51 of the **Interactive Gaming (Player Protection) Act 1999** continues to apply on and after the commencement day to a request made to the Authority under section 51(2) of that Act before that day if the claim to which the request relates is not resolved before that day as if a reference in that section to the Authority were a reference to the Commission.
(3) For the purposes of subclause (2), the Commission may have regard to any investigation carried out by the Authority under section 51(4) of the **Interactive Gaming (Player Protection) Act 1999** in respect of the request before the commencement day.
(4) A direction of the Authority under section 53(3) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a direction of the Commission under section 7.4.15(3).
(5) Section 54 of the **Interactive Gaming (Player Protection) Act 1999** continues to apply on and after the commencement day to a complaint made or referred to a licensed provider or the Authority under that section before that day if the complaint has not been finalised before that day as if a reference in that section to the Authority were a reference to the Commission.
(6) For the purposes of subclause (5), a complaint is taken to have been finalised when notice of the results of the inquiry into the complaint has been given to the complainant.
7.7 Self-exclusion orders
A notice or copy of a notice given to a licensed provider under section 49(1), (2) or (3) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a notice given to the licensed provider under section 7.4.17(1), (2) or (3) (as the case requires).
7.8 Returns to players and taxes
(1) A determination of the Authority under section 36(2)(b) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Commission under section 7.5.1(2)(b).
(2) A determination of the Treasurer under section 37(1) or (2) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Treasurer under section 7.5.2(1) or (2) (as the case requires).
(3) A determination of the Authority under section 39(2) of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a determination of the Commission under section 7.5.4(2).
7.9 Compliance requirements
A direction of the Authority under section 43 of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a direction of the Commission under section 7.6.1.
7.10 Ongoing monitoring
(1) An investigation by the Authority under section 31 of the **Interactive Gaming (Player Protection) Act 1999** that was begun but not completed before the commencement day may be completed on or after that day by the Commission as an investigation under section 7.7.1 or 7.7.2 (as the case requires).
(2) An investigation by the Authority under section 30 of the **Interactive Gaming (Player Protection) Act 1999** that was begun butnot completed before the commencement daymay be completed on or after that day by theCommission as an investigation under section7.7.5.
(3) A notice given to a person by the Authority under section 30(3) or (5) of the **Interactive Gaming (Player Protection) Act 1999** before the commencement day is taken, on and after that day, for the purposes of section 7.7.6, to be a notice given to the person by the Commission under section 7.7.6(1) or (3) (as the case requires).
7.11 VCAT reviews
Section 68 of the **Interactive Gaming (Player Protection) Act 1999** continues to apply to any decision referred to in subsection (1) of that section, except in the case of a person who has applied for review of the decision under that section before the commencement day.
Part 8—Community and charitable gaming
8.1 Community and charitable organisations
(1) A declaration of an organisation as a community or charitable organisation by the Director under section 12B of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a declaration of the organisation as a community or charitable organisation by the Commission under section 8.3.3.
(2) Section 12D of the **Gaming No. 2 Act 1997** continues to apply to a decision referred to in subsection (1) of that section, unless the applicant has appealed against the decision under that section before the commencement day, as if a reference in that section to the Authority were a reference to the Commission.
(3) Section 12E of the **Gaming No. 2 Act 1997** continues to apply to an appeal made to the Authority but not decided before the commencement day as if—
(b) a reference in that section (other than in subsection (1)(a)) to the Director were a reference to the Commission; and
(c) a reference in subsection (1)(b) of that section to "this Division" were a reference to Division 1 of Part 3 of Chapter 8.
(4) If a notice has been served on an organisation under section 12G of the **Gaming No. 2 Act 1997** before the commencement day, section 12I of that Act continues to apply in respect of the notice as if a reference in that section 12I—
(b) to a declaration under "this Division" were a reference to a declaration under Division 1 of Part 3 of Chapter 8.
(5) Section 12J of the **Gaming No. 2 Act 1997** continues to apply to an appeal made to the Supreme Court but not decided before the commencement day.
(6) If a suspension of a declaration under section 12K of the **Gaming No. 2 Act 1997** was in force immediately before the commencement day, the suspension is taken, on and after that day, to be a suspension of the declaration under section 8.3.11.
8.2 Minor gaming permits
(1) A minor gaming permit under Division 2 of Part 3 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a minor gaming permit under Division 2 of Part 3 of Chapter 8 subject to any conditions to which the permit was subject immediately before that day.
(2) A nomination of a person under section 16 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a nomination of the person under section 8.3.16.
8.3 Agreements with bingo centre operators
(1) An agreement entered into under section 26 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be an agreement entered into under section 8.4.6.
(2) Without limiting the application of clause 10(1)(g) of this Schedule, a reference in any agreement referred to in subclause (1) to the Director is taken, so far as it relates to any period on or after the commencement day, to be a reference to the Commission.
8.4 Pooling schemes
(1) A pooling scheme operating in accordance with section 26B of the **Gaming No. 2 Act 1997** immediately before the commencement day is taken, on and after that day, to be a pooling scheme operating under section 8.4.8 and, if a copy of the rules of the scheme were given to the Authority under section 26B(1)(b) of the **Gaming No. 2 Act 1997** before the scheme came into operation, the requirements of section 8.4.8(1)(b) are taken to have been complied with.
(2) The rules of a pooling scheme referred to in subclause (1) that were in force under section 26C of the **Gaming No. 2 Act 1997** immediately before the commencement day are taken, on and after that day, to be rules of the scheme under section 8.4.10.
(3) A specification by the Authority under section 26D of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a specification by the Commission under section 8.4.11.
(4) A person who was the scheme administrator of a pooling scheme under section 26F of the **Gaming No. 2 Act 1997** immediately before the commencement day continues, on and after that day, to be the scheme administrator of the pooling scheme under section 8.4.13.
8.5 Bingo centre operator's licences
(1) An operator's licence under Division 1 of Part 5 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a bingo centre operator's licence under Division 1 of Part 5 of Chapter 8 subject to any conditions to which the licence was subject immediately before that day.
(2) A provisional operator's licence under Division 1 of Part 5 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a provisional bingo centre operator's licence under Division 1 of Part 5 of Chapter 8 subject to any conditions to which the licence was subject immediately before that day.
(3) A nomination and approval of a person as the nominee of the holder of an operator's licence under section 39A of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be the nomination and approval of the person under section 8.5.9.
(4) If a suspension of an operator's licence under section 92(9) of the **Gaming No. 2 Act 1997** was in force immediately before the commencement day, the suspension is taken, on and after that day, to be a suspension of the bingo centre operator's licence under section 8.5.16.
8.6 Bingo centre employee's licences
(1) An employee's licence under Division 2 of Part 5 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a bingo centre employee's licence under Division 2 of Part 5 of Chapter 8 subject to any conditions to which the licence was subject immediately before that day.
(2) A provisional licence under Division 2 of Part 5 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a provisional bingo centre employee's licence under Division 2 of Part 5 of Chapter 8 subject to any conditions to which the licence was subject immediately before that day.
(3) Subsections (6) to (9) of section 57 of the **Gaming No. 2 Act 1997** continue to apply in respect of a decision of the Director under section57 of that Act made before the commencement day (unless an appeal has already been determined in respect of that decision) as if—
(b) a reference in subsection (8) of that section to an employee's licence were a reference to a bingo centre employee's licence.
(4) An approval by the Director under section 60(1) of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be an approval by the Commission under section 8.5.26(1).
(5) If a disqualification of a person under section 92(5A) of the **Gaming No. 2 Act 1997** was in force immediately before the commencement day, the disqualification is taken, on and after that day, to be a disqualification of the person under section 8.5.32.
(6) If a suspension of a bingo employee's licence under section 92(10) of the **Gaming No. 2 Act 1997** was in force immediately before the commencement day, the suspension is taken, on and after that day, to be a suspension of the bingo centre employee's licence under section 8.5.33.
8.7 Monitoring of associates
(1) An approval of the Authority under section 48(3)(b) of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 8.5.39(b).
(2) An investigation by the Authority under section 48(2) of the **Gaming No. 2 Act 1997** that was begun but not completed before the commencement day may be completed on or after that day by the Commission as an investigation under section 8.5.40.
(3) A notice given to a person by the Authority under section 48(4), (4A), (4B) or (6) of the **Gaming No. 2 Act 1997** before the commencement day is taken on and after that day, for the purposes of section 8.5.41, to be a notice given to the person by the Commission under section 8.5.41(1), (2), (3) or (5) (as the case requires).
8.8 General compliance requirements
(1) An approval of the Authority under section 89(1)(c) or (d) of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 8.6.1(2)(a) or (b) (as the case requires).
(2) An approval of the Authority under section 89(4) of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Commission under section 8.6.1(5).
(3) A specification by the Director under section 91 of the **Gaming No. 2 Act 1997** that was in force immediately before the commencement day is taken, on and after that day, to be a specification by the Commission under section 8.6.3(2).
8.9 Disciplinary action
(1) Section 92 of the **Gaming No. 2 Act 1997** continues to apply to any disciplinary action commenced but not completed under that section before the commencement day against—
(a) the holder of an operator's licence under that Act; or
(b) the holder of an employee's licence under that Act; or
(c) the holder of a minor gaming permit under that Act.
(2) For the purposes of subclause (1), section 92 of the **Gaming No. 2 Act 1997** continues to apply as if a reference in that section—
(b) to an operator's licence were a reference to a bingo centre operator's licence under Chapter 8; or
(c) to an employee's licence were a reference to a bingo centre operator's licence under Chapter 8; or
(d) to a minor gaming permit were a reference to a minor gaming permit under Chapter 8.
(3) For the purposes of subclause (1), disciplinary action is taken to have commenced against a person if the Director has commenced an inquiry in respect of the person under section 92(2) of the **Gaming No. 2 Act 1997**.
8.10 VCAT reviews
Section 87 of the **Gaming No. 2 Act 1997** continues to apply to any decision referred to in subsection (1) of that section, except in the case of a person who has applied for review of the decision under that section before the commencement day.
Part 9—Onboard gaming
9.1 Limit on number of gaming machines
An approval of the Minister under section 13 of the **TT‑Line Gaming Act 1993** that was in force immediately before the commencement day is taken, on and after that day, to be an approval of the Minister under section 9.3.3.
9.2 Taxes
An agreement entered into under section 11(1) of the **TT‑Line Gaming Act 1993** that was in force immediately before the commencement day is taken, on and after that day, to be an agreement entered into under section 9.3.6(1).
Part 10—Administration and enforcement
10.1 Commission succeeds Authority and Directors
(1) On the Commencement day—
(a) the Authority is abolished and its members go out of office as members;
(b) the office of Director of Gaming and Betting under Part 9 of the **Gaming and Betting Act 1994** is abolished and the person holding the office goes out of office;
(c) the office of Director of Casino Surveillance under Division 2 of Part 7 of the **Casino Control Act 1991** is abolished and the person holding the office goes out of office;
(d) all rights, property and assets that, immediately before the commencement day, were vested in the Authority are, by force of this subclause, vested in the Commission;
(e) all debts, liabilities and obligations of the Authority existing immediately before that day become, by force of this subclause, debts, liabilities and obligations of the Commission;
(f) the Commission is, by force of this subclause, substituted as a party to any proceeding pending in any court or tribunal to which the Authority, the Director of Gaming and Betting or the Director of Casino Surveillance was a party immediately before that day;
(g) the Commission is, by force of this subclause, substituted as a party to any arrangement or contract entered into by or on behalf of the Authority, the Director of Gaming and Betting or the Director of Casino Surveillance as a party and in force immediately before that day;
(h) any reference to the Authority, the Director of Gaming and Betting or the Director of Casino Surveillance in any Act (other than this Act or the **Casino Control Act 1991**) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the Commission.
(2) Without prejudice to the generality of this clause and despite anything to the contrary in any other Act or law, if, immediately before the commencement day, the Authority is the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that day—
(a) the Commission is to be taken to be the registered proprietor of that interest in land; and
(b) the Commission has the same rights and remedies in respect of that interest as the Authority had.
(3) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title, must make any amendments in the Register that are necessary because of the operation of this clause.
10.2 Inquiries in progress
Any inquiry commenced by the Authority under a superseded Act but not completed before the commencement day may be completed by the Commission on or after that day as if it were an inquiry under section 10.1.20.
Sch. 7 cl. 10.3 substituted by No. 54/2006 s. 19.
10.3 Confidentiality
(1) In Division 6 of Part 1 of Chapter 10 a reference to a gaming Act includes a reference to a superseded Act.
(2) A certificate under section 10.1.31(2)(a) (as in force immediately before the commencement of the amending Act) that was in force immediately before that commencement is taken, on and after that commencement, to be a certificate under section 10.1.31(2)(a) as substituted by the amending Act.
(3) An authorisation under section 10.1.31(2)(b) (as in force immediately before the commencement of the amending Act) that was in force immediately before that commencement is taken, on and after that commencement, to be an authorisation under section 10.1.31(2)(b) as substituted by the amending Act.
(4) A direction under section 10.1.33(2) (as in force immediately before the commencement of the amending Act) that was in force immediately before that commencement is taken, on and after that commencement, to be an authorisation of the Minister under section 10.1.32(3)(a) as substituted by the amending Act.
(5) An approval of a person or body under section 10.1.37(5) (as in force immediately before the commencement of the amending Act) that was in force immediately before that commencement is taken, on and after that commencement, to be an approval of the person or body as an enforcement agency under section 10.1.29(2) as substituted by the amending Act.
(6) In this clause—
***amending Act*** means the **Gambling Regulation (Further Miscellaneous Amendments) Act 2006**.
Sch. 7 cl. 10.4 repealed by No. 104/2004 s. 40(g).
10.5 Inspectors
(1) A person—
(a) appointed or employed as an inspector under section 104 of the **Gaming and Betting Act 1994**; or
(b) appointed as an inspector under section 102 of the **Casino Control Act 1991**—
who held office immediately before the commencement day is taken, on and after that day, to be an inspector appointed by the Executive Commissioner under section 10.5.1.
(2) A person who held office immediately before the commencement day as an inspector for the purposes of the **TT-Line Gaming Act 1993** is taken, on and after that day, to be an inspector appointed by the Executive Commissioner under section 10.5.1, but may only perform the functions of an inspector for the purposes of Chapter 9, unless the person is also a person referred to in subclause (1).
10.6 General investigations in progress
Any investigation commenced by the Authority under a superseded Act but not completed before the commencement day (other than an investigation referred to elsewhere in this Schedule) may be completed by the Commission on or after that day as if it were an investigation under section 10.4.9.
10.7 Provision of information
(1) Any notice given by the Authority under a superseded Act but not complied with before the commencement day (other than a notice referred to elsewhere in this Schedule) is taken on and after that day to be a notice given by the Commission under section 10.4.10.
(2) Subsection (1) applies to a notice requiring a person—
(a) to provide information; or
(b) to produce records; or
(c) to attend for examination and answer questions.
(3) A direction given to a person by the Authority under section 153 of the **Gaming Machine Control Act 1991**, section 139 of the **Gaming and Betting Act 1994** or section 65 of the **Interactive Gaming (Player Protection) Act 1999** that was in force immediately before the commencement day is taken, on and after that day, to be a direction given to the person by the Commission under section 10.4.11.