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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
S. 1(a) amended by No. 54/2021 s. 35.
to establish the Victorian Gambling and Casino Control Commission; and
S. 1(b) amended by No. 54/2021 s. 35, substituted by No. 26/2022 s. 27.
to provide for the Commission's functions, powers and governance; and
S. 1(c) substituted by No. 26/2022 s. 27.
to provide for the appointment of gambling and casino inspectors and the conduct of investigations and inquiries by the Commission.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision referred to in subsection (1) does not come into operation before 31 December 2012, it comes into operation on that day.
In this Act—
bookmaker has the same meaning as it has in section 1.3 of the Gambling Regulation Act 2003;
Chairperson means Chairperson of the Commission appointed under section 13;
S. 3 def. of Commission amended by No. 54/2021 s. 36.
Commission means Victorian Gambling and Casino Control Commission established under Part 2;
commissioner means a member of the Commission appointed under Part 2;
community interest inquiry means an inquiry to which Subdivision 2 of Division 2 of Part 3 applies;
Deputy Chairperson means a Deputy Chairperson of the Commission appointed under section 14;
S. 3 def. of gambling and liquor inspector substituted as gambling and casino inspector by No. 26/2022 s. 28(a).
gambling and casino inspector means an inspector appointed under section 40;
gambling authorisation means—
a licence, permit, approval, authorisation or registration granted, issued, given or approved under the Gambling Regulation Act 2003 or the Casino Control Act 1991; or
a gaming machine entitlement; or
an authority conferred by a listing on the Roll;
gambling legislation means—
the Gambling Regulation Act 2003;
the Casino Control Act 1991;
the Casino (Management Agreement) Act 1993;
regulations made under an Act referred to in paragraph (a), (b) or (c);
inquiry means an inquiry conducted under Division 2 of Part 3;
S. 3 def. of liquor authorisation repealed by No. 26/2022 s. 28(b).
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S. 3 def. of liquor legislation repealed by No. 26/2022 s. 28(b).
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S. 3 def. of regulated person amended by No. 26/2022 s. 28(c).
regulated person means—
the holder of a gambling authorisation; or
an operator or nominee under a gambling authorisation; or
an associate of a person referred to in paragraph (a) or (b); or
an entitlement holder connected person;
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S. 3 def. of restricted person amended by Nos 64/2014 s. 47(b), 26/2022 s. 28(d).
restricted person means—
a commissioner;
a gambling and casino inspector;
a person appointed by the Commission as an authorised person under section 1.3(3) of the Gambling Regulation Act 2003;
S. 3 def. of sessional com-missioner inserted by No. 64/2014 s. 47(a).
sessional commissioner means a commissioner appointed under section 15A.
Note to s. 3 substituted by No. 26/2022 s. 28(e).
Note
This Act uses expressions that are defined in the Gambling Regulation Act 2003. Section 4 provides that they are to have the same meaning in both Acts unless the context otherwise requires.
S. 4 (Heading) amended by No. 26/2022 s. 29(1).
Words and expressions used in gambling legislation and in this Act have the same respective meanings in this Act as they have in that Act.
S. 4(2) repealed by No. 26/2022 s. 29(2)(a).
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S. 4(3) amended by No. 26/2022 s. 29(2)(b).
Subsection (1) does not apply to the extent that the context or subject matter otherwise indicates or requires.
S. 5(1) amended by No. 26/2022 s. 30.
The Minister may issue decision-making guidelines in respect of the regulation of gambling.
Decision-making guidelines issued by the Minister under this section must be published in the Government Gazette.
S. 5A inserted by No. 26/2022 s. 31.
Subject to subsection (2), the Minister may give a written direction to the Commission in relation to the performance of its functions and duties or the exercise of its powers.
A direction cannot be given under this section in relation to—
the content of any advice, report or recommendation given to the Minister by the Commission; or
the granting, issuing, variation, suspension or cancellation of a gambling authorisation; or
the undertaking of an investigation under gambling legislation; or
the taking of disciplinary action under gambling legislation.
Subject to subsection (4), the Minister must cause to be published in the Government Gazette—
a direction given under this section; and
the reasons for giving the direction.
The Minister is not required to publish any information under subsection (3) that in the Minister's opinion is confidential or commercially sensitive.
To avoid doubt, subsection (2) does not affect a power of the Minister to give directions to the Commission under another Act.
Example
Under section 24 of the Casino Control Act 1991 the Minister may direct the Commission to investigate a casino.
Pt 2 (Heading) amended by No. 54/2021 s. 37(1).
S. 6(1) amended by No. 54/2021 s. 37(2).
The Victorian Gambling and Casino Control Commission is established.
The Commission—
is a body corporate with perpetual succession;
has an official seal;
may acquire, hold and dispose of real and personal property;
may do and suffer all acts and things that a body corporate may by law do or suffer.
S. 6(3) inserted by No. 54/2021 s. 37(3).
Despite the change in the name of the Commission made by section 37(2) of the Casino and Gambling Legislation Amendment Act 2021, the Commission continues to be the same body after as before that change and that change does not affect any act, matter or thing.
The official seal of the Commission must—
be kept in such custody as the Commission directs;
not be used except as authorised by the Commission.
All courts must take judicial notice of the seal of the Commission affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
In performing its functions and exercising its powers, the Commission represents the Crown.
S. 8A inserted by No. 26/2022 s. 33.
The objectives of the Commission are—
to maintain and administer systems for the licensing, supervision and control of gambling businesses and casinos, for the purpose of—
ensuring that the management and operation of gambling businesses and casinos remain free from criminal influence and exploitation through oversight of those gambling businesses and casinos and liaison with other regulatory agencies; and
ensuring that gambling conducted or operated by a gambling business and gaming and betting in a casino are conducted or operated honestly; and
S. 8A(a)(iii) substituted by No. 25/2024 s. 16(1).
reducing gambling harm experienced by patrons of gambling businesses and casinos; and
S. 8A(b) amended by No. 25/2024 s. 16(2).
to minimise gambling harm.
The functions of the Commission are—
S. 9(1)(a) amended by No. 26/2022 s. 34(1)(a)(i).
to perform the regulatory, investigative and disciplinary functions conferred on the Commission by or under this Act, the Gambling Regulation Act 2003, the Casino Control Act 1991, the Racing Act 1958 or any other Act;
S. 9(1)(b) amended by No. 26/2022 s. 34(1)(a)(ii).
to undertake licensing, approval, authorisation and registration activities under gambling legislation or any other Act;
S. 9(1)(c) amended by No. 26/2022 s. 34(1)(a)(iii).
to promote and monitor compliance with gambling legislation;
S. 9(1)(d) amended by No. 26/2022 s. 34(1)(a)(iii).
to detect and respond to contraventions of gambling legislation;
S. 9(1)(e) amended by No. 26/2022 s. 34(1)(a)(ii).
to advise the Minister in relation to the Commission's functions under gambling legislation and the Racing Act 1958;
S. 9(1)(f) amended by No. 26/2022 s. 34(1)(a)(iii).
to advise the Minister on the operation of gambling legislation;
S. 9(1)(g) amended by No. 26/2022 s. 34(1)(a)(iv).
to ensure Government policy in relation to gambling is implemented;
S. 9(1)(h) substituted by No. 26/2022 s. 34(1)(b).
to inform and educate the public about—
the Commission's regulatory practices and requirements; and
Government policy in relation to gambling;
S. 9(1)(i) inserted by No. 26/2022 s. 34(1)(b), amended by No. 25/2024 s. 17(1).
to undertake activities to minimise gambling harm;
S. 9(1)(j) inserted by No. 25/2024 s. 17(2).
to conduct and facilitate education and information programs—
to promote behaviours that reduce gambling harm; and
to increase community awareness of the risks associated with gambling; and
to encourage people to seek help in relation to gambling harm;
S. 9(1)(k) inserted by No. 25/2024 s. 17(2).
to advise the Minister, at the Minister's request, on any matter related to the Commission's functions under paragraph (j).
S. 9(2) amended by No. 26/2022 s. 34(1)(c).
The Commission also has the function of informing itself, in the manner it sees fit, as to its functions and the operation of the Gambling Regulation Act 2003, the Casino Control Act 1991 and the Racing Act 1958.
S. 9(3) substituted by No. 26/2022 s. 34(2).
When performing functions or duties or exercising powers under this Act, the Gambling Regulation Act 2003, the Casino Control Act 1991, the Racing Act 1958 or any other Act, the Commission must have regard to—
the objects of the Act conferring functions, duties or powers on the Commission; and
the objectives of the Commission set out in section 8A.
S. 9(4) substituted by No. 26/2022 s. 34(3).
When performing functions or duties or exercising powers under gambling legislation, the Commission must have regard to any decision-making guidelines issued by the Minister under section 5.
S. 9(5) inserted by No. 26/2022 s. 34(4).
When performing functions or duties or exercising powers, the Commission must comply with any directions of the Minister under section 5A.
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