<p> Gambling Regulation (Further Miscellaneous Amendments) Act 2006 Act No. 54/2006</p><p>TABLE OF PROVISIONS</p><p>Section Page 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. New section 5.2.8 substituted 3 5.2.8 Offences relating to minors 3 5. Keno as a lottery game 3 6. Issue of public lottery licence to subsidiary of applicant 3 7. New section 5.3.7A inserted 4 5.3.7A Ancillary agreements 4 8. New section 5.3.8A inserted 5 5.3.8A Licence may authorise preparatory action 5 9. New section 5.3.11 substituted 6 5.3.11 Publication and tabling 6 10. Register of licences 7 11. New section 5.3.15A inserted 8 5.3.15A Engaging contractors and appointing agents to assist with public lotteries 8 12. Amendment of licence 8 13. Grounds for disciplinary action 9 14. New Division 6 inserted in Part 3 of Chapter 5 9 Division 6—Temporary Public Lottery Licences 9 5.3.27 Temporary public lottery licences 9 5.3.28 Report to Minister by Commission 11 5.3.29 Arrangements with former licensee 12 15. Subsidiaries to comply with Division 1 of Part 5 of Chapter 5 13 16. Authorisation of release of information is non-delegable 13 17. New Division 6 of Part 1 of Chapter 10 substituted 13 Division 6—Confidentiality 13 10.1.29 Definitions 13 10.1.30 General duty of confidentiality 15 10.1.31 Disclosure in legal proceedings 15 10.1.32 Other permitted disclosures 16 10.1.33 Aggregation of statistical information 17 10.1.34 Third party disclosures 18</p><p> i 18. Investigation of applications 19 19. Transitional provisions—confidentiality 20 20. Consequential amendment of Tobacco (Amendment) Act 2005 21 ═══════════════</p><p>ENDNOTES 22</p><p>Victoria</p><p>No. 54 of 2006</p><p>Gambling Regulation (Further Miscellaneous Amendments) Act 2006†</p><p>[Assented to 15 August 2006]</p><p>The Parliament of Victoria enacts as follows:</p><p>1. Purpose The purpose of this Act is— (a) to amend the Gambling Regulation Act 2003 in relation to public lotteries and confidentiality; (b) to consequentially amend the Tobacco (Amendment) Act 2005.</p><p>1 s. 2</p><p>2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions See: In section 1.3(1) of the Gambling Act No. 114/2003. Regulation Act 2003— Reprint No. 1 as at (a) for the definition of "AFL footy tipping 21 July 2005 and competition" substitute— amending Act Nos ' "AFL footy tipping competition" means a 10/2004, public lottery in which the prizes are 104/2004, 22/2005, distributed on the basis of results of 45/2005, matches in the Australian Football 92/2005, 98/2005 and League and in accordance with the 7/2006. lottery rules for the public lottery;'; LawToday: www.dms. (b) for the definition of "soccer football pool" dpc.vic. gov.au substitute— ' "soccer football pool" means a public 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 public lottery, whereby results are selected and given an order of rank;'; (c) in the definition of "public lottery licence", after "Chapter 5" insert "or a temporary public lottery licence issued under section 5.3.27"; (d) in the definition of "ticket", in paragraph (a), after "game" insert ", including a ticket in electronic form". s. 4</p><p>4. New section 5.2.8 substituted For section 5.2.8 of the Gambling Regulation Act 2003 substitute— "5.2.8 Offences relating to minors (1) A person must not knowingly sell a lottery ticket to a minor. Penalty: 10 penalty units. (2) A person must not knowingly accept an entry in a public lottery from a minor. Penalty: 10 penalty units.". 5. Keno as a lottery game In section 5.3.2(2)(d) of the Gambling Regulation Act 2003, after "game" insert ", other than keno,". 6. Issue of public lottery licence to subsidiary of applicant For section 5.3.6(1) of the Gambling Regulation Act 2003 substitute— "(1) If the Minister grants a licence application, he or she must issue a public lottery licence to— (a) the applicant; or (b) a Victorian company that is— (i) a wholly-owned subsidiary of the applicant; and (ii) approved by the Commission. s. 7</p><p>(1A) On application by an applicant for a public lottery licence, the Commission may approve a wholly-owned subsidiary of the applicant for the purposes of sub-section (1)(b) if satisfied that— (a) the applicant has given the subsidiary and the State an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of all obligations of the subsidiary; and (b) the issuing of a public lottery licence to the subsidiary under sub-section (1)(b) would not result in a person who is not currently an associate of the applicant becoming an associate of the applicant. Note: Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for approval of a wholly-owned subsidiary.". 7. New section 5.3.7A inserted After section 5.3.7 of the Gambling Regulation Act 2003 insert— "5.3.7A Ancillary agreements Despite section 5.3.6(1), the Minister may refuse to issue a public lottery licence unless — (a) the applicant; or (b) if the licence is to be issued to a subsidiary of the applicant, the subsidiary— enters into one or more agreements with the Minister dealing with matters ancillary to the licence.". s. 8</p><p>8. New section 5.3.8A inserted After section 5.3.8 of the Gambling Regulation Act 2003 insert— '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 sub-section (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 12 months before the time the licence takes effect. Example If a public lottery licence issued on 1 May 2007 is to take effect on 1 July 2008, the licence could specify that the licensee could make its lottery rules and have its computer system approved from 1 July 2007, could advertise the lottery from 1 February 2008 and could sell tickets from 1 May 2008. (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 sub- section (2). s. 9</p><p>(6) No account is to be had to this section in determining the term of the licence under section 5.3.8(1)(b). Example The term specified in the licence referred to in the example at the foot of sub-section (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 sub-section (5) for that purpose. (7) In this section— "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.'. 9. New section 5.3.11 substituted For section 5.3.11 of the Gambling Regulation Act 2003 substitute— "5.3.11 Publication and tabling (1) The Minister must cause— (a) notice to be published in the Government Gazette and a newspaper circulating generally in Victoria— (i) of the issue of a public lottery licence, as soon as practicable after the licence is issued; and (ii) of the making of any agreement referred to in section 5.3.7A, as soon as practicable after the agreement is made; and s. 10</p><p>(b) a copy of a public lottery licence to be — (i) given to the Commission as soon as practicable after the licence is issued; and (ii) laid before each House of the Parliament within 7 sitting days of the House after the licence is issued; and (c) a copy of any agreement referred to in section 5.3.7A to be— (i) given to the Commission as soon as practicable after the agreement is made; and (ii) laid before each House of the Parliament within 7 sitting days of the House after the agreement is made. (2) The Commission must cause a copy of a public lottery licence and any agreements referred to in section 5.3.7A to be made available on its website as soon as practicable after receiving them.". 10. Register of licences For section 5.3.13(3) of the Gambling Regulation Act 2003 substitute— "(3) The Minister must make the information in the register available to the Commission. (4) The Commission must cause the information in the register to be made available on the Commission's website.". s. 11</p><p>11. New section 5.3.15A inserted After section 5.3.15 of the Gambling Regulation Act 2003 insert— "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. (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 or gaming regulations.". 12. Amendment of licence (1) In section 5.3.16(1) of the Gambling Regulation Act 2003 omit "to remove or vary a condition of the licence or to impose an additional condition on the licence". (2) For section 5.3.19(4) of the Gambling Regulation Act 2003 substitute— "(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— (i) given to the Commission as soon as practicable after the licence is amended; and s. 13</p><p>(ii) laid before each House of the Parliament within 7 sitting days of the House after the licence is amended. (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.". 13. Grounds for disciplinary action After section 5.3.21(e) of the Gambling Regulation Act 2003 insert— "(ea) the licensee has contravened an agreement referred to in section 5.3.7A;". 14. New Division 6 inserted in Part 3 of Chapter 5 After Division 5 of Part 3 of Chapter 5 of the Gambling Regulation Act 2003 insert—</p><p>'Division 6—Temporary Public Lottery Licences</p><p>5.3.27 Temporary public lottery licences (1) If a public lottery licence (the "original licence") is cancelled, suspended or surrendered under this Part, the Minister may issue a temporary public lottery licence and appoint a temporary licensee for the period determined by the Minister. (2) The Minister may issue a temporary public lottery licence only if satisfied, after receiving a report of the Commission under section 5.3.28, that 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. 14</p><p>(3) A temporary public lottery licence is issued on the terms and conditions the Minister thinks fit and nothing in Division 2 (other than sections 5.3.10, 5.3.11, 5.3.12 and 5.3.13) applies to the issue of the temporary licence. (4) A temporary public lottery licence— (a) may be extended once only for a period determined by the Minister; and (b) may be cancelled at any time by the Minister; and (c) if issued following the suspension of the original licence—is cancelled by the lifting or expiry of that suspension. (5) If a temporary public lottery licence (including a temporary licence issued under this sub-section) is cancelled or otherwise terminates (other than under sub-section (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. (6) For the avoidance of doubt, sub-sections (2) and (3) apply to the issue of a temporary licence under sub-section (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. 14</p><p>5.3.28 Report to Minister by Commission (1) If the Minister is considering issuing a temporary public lottery licence under section 5.3.27, the Commission must give a written report to the Minister stating whether or not, in the Commission's opinion— (a) the proposed licensee, and each associate of the proposed licensee, is of good repute, having regard to character, honesty and integrity; (b) the proposed licensee, or an associate of the proposed licensee, 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 proposed licensee or the associate is likely to be significantly affected in an unsatisfactory manner; (c) each executive officer of the proposed licensee and any other person determined by the Commission to be concerned in or associated with the ownership, management or operation of the proposed licensee's business, is a suitable person to act in that capacity. (2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. s. 14</p><p>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. (2) The former licensee— (a) 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 sub-section (1); and (b) must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for those arrangements. Penalty: 100 penalty units. (3) In this section— "former licensee" means the person who was public lottery licensee— (a) under the original licence immediately before its cancellation, suspension or surrender; or (b) under a temporary public lottery licence immediately before its cancellation or other termination.'. s. 15</p><p>15. Subsidiaries to comply with Division 1 of Part 5 of Chapter 5 In the Gambling Regulation Act 2003— (a) in the heading to section 5.5.6, for "Agents and subsidiaries" substitute "Subsidiaries"; (b) section 5.5.6(1) is repealed; (c) in section 5.5.10(1)(a)(ii) and (3), after "agent" insert "or contractor". 16. Authorisation of release of information is non-delegable In section 10.1.26(1) of the Gambling Regulation Act 2003, after "any commissioner" insert "(other than a function under section 10.1.32(3))". 17. New Division 6 of Part 1 of Chapter 10 substituted For Division 6 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003 substitute—</p><p>'Division 6—Confidentiality</p><p>10.1.29 Definitions (1) In this Division— "court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions; "enforcement agency" means a person or body in Victoria or another jurisdiction (whether in or outside Australia)— (a) that is responsible for, or engages in, law enforcement generally; or (b) that is approved by the Minister under sub-section (2); s. 17</p><p>"gambling regulator" means a person or body in Victoria or another jurisdiction (whether in or outside Australia) that is responsible for the licensing, supervision or regulation of gambling activities; "produce" includes permit access to; "protected information" means— (a) information with respect to the affairs of any person; or (b) information with respect to the establishment or development of a casino; "regulated person" means— (a) the Commission; (b) a commissioner; (c) an employee or member of staff referred to in section 10.1.25; (d) the Minister; (e) an employee in the department administered by the Minister; (f) a person acting on behalf of the Commission or the Minister. (2) The Minister may, by written notice given to the Commission, approve as an enforcement agency a person or body that is responsible for, or engages in, the administration of a licensing or other regulatory scheme that requires licensees or other persons regulated to be suitable, or fit and proper, persons. s. 17</p><p>10.1.30 General duty of confidentiality (1) A regulated person must not, directly or indirectly, make a record of, or disclose to someone else, any protected information acquired by the person in the performance of functions under a gaming Act or gaming regulations. Penalty: 60 penalty units. (2) Sub-section (1) does not apply to— (a) a record or disclosure made in the performance of functions under a gaming Act or gaming regulations; or (b) a record or disclosure permitted or required to be made by or under another provision of this Division. 10.1.31 Disclosure in legal proceedings (1) Subject to sub-section (2), a regulated person is not, except for the purposes of a gaming Act or gaming regulations, required— (a) to produce in a court a document that has come into the person's possession or under the person's control; or (b) to disclose to a court any protected information that has come to the person's notice— in the performance of functions under a gaming Act or gaming regulations. (2) A regulated person may be required to disclose protected information to a court or produce in court any document containing information if— s. 17</p><p>(a) the Minister certifies that it is necessary in the public interest that the information should be disclosed to a court; or (b) the person to whose affairs the information relates has expressly authorised it to be disclosed to a court. 10.1.32 Other permitted disclosures (1) A regulated person may disclose protected information— (a) with the consent (express or implied) of the person to whose affairs the information relates; or (b) to an enforcement agency for the purpose of law enforcement; or (c) to a gaming regulator for regulatory or law enforcement purposes; or (d) with the authorisation of the Minister or the Commission under sub-section (3); or (e) if the information was considered at a meeting or inquiry, or part of a meeting or inquiry, of the Commission that was held in public. (2) In addition to any disclosure permitted under sub-section (1), the Minister or the Commission may disclose protected information if the Minister or the Commission (as the case requires) considers that— s. 17</p><p>(a) disclosure of the information is in the public interest; or (b) in the circumstances, disclosure of the information is not unreasonable. (3) The Minister or the Commission may authorise the disclosure of protected information, or protected information of a specified class, if the Minister or the Commission (as the case requires) considers that— (a) disclosure of the information, or information of the class, is in the public interest; or (b) in the circumstances, disclosure of the information, or information of the class, is not unreasonable. (4) An authorisation under sub-section (3) may be expressed to apply to a specified regulated person, to regulated persons of a specified class or to all regulated persons. (5) A function of the Commission under sub-section (3) may be performed by any commissioner. 10.1.33 Aggregation of statistical information (1) Any statistical information published about gambling expenditure in relation to gaming venues (whether pursuant to an authorisation under section 10.1.32(3) or otherwise) must be aggregated— (a) to give the total gambling expenditure for all approved venues in a municipal district; and s. 17</p><p>(b) if a municipal district has less than 3 approved venues, to give the total gambling expenditure for all approved venues in the municipal district together with an adjoining municipal district or districts so that the statistical information indicates gambling expenditure for at least 3 approved venues— except as authorised by or under sub-section (2). (2) The Minister or the Commission may publish, or authorise the publication of, disaggregated statistical information if the Minister or the Commission (as the case requires) considers that— (a) publication is in the public interest; or (b) in the circumstances, publication is not unreasonable. 10.1.34 Third party disclosures (1) A person (other than a regulated person) to whom protected information is disclosed by a regulated person must not make a record of, or disclose to someone else, any of the information. Penalty: 60 penalty units. (2) Sub-section (1) does not apply to— (a) a record or disclosure made with the prior written authorisation of the Commission or the Minister; or (b) a record or disclosure made by an enforcement agency or a gambling regulator in the performance of functions of the agency or regulator (as the case requires); or s. 18</p><p>(c) protected information that has been given in evidence or produced before a court.'. 18. Investigation of applications (1) In the Gambling Regulation Act 2003— (a) after section 10.4.1(c)(iii) insert— "(iiia) of a wholly-owned subsidiary of a public lottery licence applicant under section 5.3.6(1A);"; (b) after sections 10.4.3(4)(a) and 10.4.4(4)(a) insert— "(ab) approval of a wholly-owned subsidiary of a public lottery licence applicant under section 5.3.6(1A);"; (c) after section 10.4.5(4)(b) insert— "(ba) approval of a wholly-owned subsidiary of a public lottery licence applicant under section 5.3.6(1A);". (2) For section 10.4.6(4) of the Gambling Regulation Act 2003 substitute— "(4) This section does not apply to an application for— (a) approval of a wholly-owned subsidiary of a public lottery licensee under Division 3 of Part 3 of Chapter 5; (b) approval of a wholly-owned subsidiary of a public lottery licence applicant under section 5.3.6(1A).". s. 19</p><p>19. Transitional provisions—confidentiality In Schedule 7 to the Gambling Regulation Act 2003, for clause 10.3 substitute— '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.'. s. 20</p><p>20. Consequential amendment of Tobacco (Amendment) Act 2005 Section 28 of the Tobacco (Amendment) Act 2005 is repealed. ═══════════════ Gambling Regulation (Further Miscellaneous Amendments) Act 2006 Endnotes Act No. 54/2006</p><p>ENDNOTES</p><p>22 † Minister's second reading speech— Legislative Assembly: 31 May 2006 Legislative Council: 19 July 2006 The long title for the Bill for this Act was "to amend the Gambling Regulation Act 2003 in relation to public lotteries and confidentiality, to consequentially amend the Tobacco (Amendment) Act 2005 and for other purposes."</p>