Gambling Regulation Amendment (Pre …FILE/14-004a.docx · Web viewPage Gambling Regulation Amendment (Pre-commitment) Act 2014 No. 4 of 2014 Part 4—Repeal of Amending Act Gambling

Gambling Regulation Amendment (Pre-commitment) Act 2014

No. 4 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 23 Principal Act 2

PART 2—AMENDMENT OF GAMBLING REGULATION ACT 2003 3

4 Definitions—Chapter 1 35 Meaning of electronic monitoring system 36 Conduct of gaming and playing gaming machines 47 Conduct of monitoring 48 Application of Chapter to casino operator 49 Authority conferred by venue operator's licence 510 Venue operator must comply with standards and operational

requirements 511 Authority conferred by monitoring licence 512 Monitoring licensee must comply with standards and

operational requirements 713 Authority conferred by listing on the Roll 814 Disciplinary action against venue operator 915 Section 3.4.31B repealed 916 Definitions—Division 4 of Part 4 of Chapter 3 917 Limitation of monitoring licensee's civil liability 918 Minister may determine certain damages that must be included

in related agreements 919 Responsible gambling directions 1020 Grounds for disciplinary action 1021 Limitation of temporary licensee's civil liability 1022 No compensation payable for certain acts and omissions

relating to monitoring 1023 Disciplinary action 1024 Related agreements between venue operators and monitoring

licensee 11

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25 Competition and Consumer Act and Competition Code authorisation 11

26 Division 1AA of Part 5 of Chapter 3 repealed 1127 Variation of gaming machine types and games 1228 Unlawful interference with gaming equipment or monitoring

equipment 1229 Protection of sensitive areas of gaming equipment or

monitoring equipment 1330 Certificates of installation 1331 New section 3.5.34AC inserted 13

3.5.34AC Prohibition on printing gaming machine advertising on player cards 13

32 Section 3.5.36 substituted 143.5.36 Preconditions for allowing participation in loyalty

scheme 1433 New sections 3.5.36A, 3.5.36B, 3.5.36C and 3.5.36D inserted 16

3.5.36A Content of written statement 163.5.36B Setting limits under loyalty scheme 173.5.36C Excluded persons 183.5.36D Loyalty scheme must use same equipment as

pre-commitment system 1934 No advertising to people suspended or removed from loyalty

schemes 2135 Loyalty scheme participant information 2236 Directions to monitoring licensee 2337 New Part 8A of Chapter 3 inserted 23

PART 8A—PRE-COMMITMENT FROM 1 DECEMBER 2015 23

Division 1—Preliminary 23

3.8A.1 Definitions 23

Division 2—Pre-commitment direction, approval and testing 25

3.8A.2 Pre-commitment direction 253.8A.3 Monitoring licensee must not provide unapproved

pre-commitment system 253.8A.4 Commission may approve pre-commitment system 263.8A.5 Testing of pre-commitment system 27

Division 3—Obligations of monitoring licensee, venue operators and casino operators 28

3.8A.6 Application of Division 283.8A.7 Certificates of installation—player account

equipment and parts of a pre-commitment system 28

3.8A.8 Monitoring licensee must ensure that pre-commitment system complies with standards and operational requirements 29

3.8A.9 Player account equipment must comply with regulations and standards 30

3.8A.10 Offence for operator failing to ensure proper installation of player account equipment 31

3.8A.11 Player cards must comply with regulations and standards 31

3.8A.12 Operators must ensure functioning of player account equipment and connection to pre-commitment system 32

3.8A.13 Offence for operator to permit gaming on gaming machine using alternative limit setting scheme 34

Division 4—Related agreements 34

3.8A.14 Application of Division 343.8A.15 Related agreement between monitoring licensee

and venue operator or casino operator 343.8A.16 Related agreement between Minister and venue

operator or casino operator 353.8A.17 Content of direction 353.8A.18 Direction to enter into related agreement must be

complied with 353.8A.19 No compensation payable because of a direction to

enter into related agreement under section 3.8A.15 or 3.8A.16 36

Division 5—Provision of information 36

3.8A.20 Application of Division 363.8A.21 Directions to monitoring licensee to provide

information concerning pre-commitment 363.8A.22 No compensation payable 373.8A.23 Provision of information for research purposes 37

Division 6—Confidentiality 37

3.8A.24 Definition 373.8A.25 Restriction on disclosure of pre-commitment

information 383.8A.26 Disclosure with consent permitted 383.8A.27 Disclosure to enforcement agencies permitted 383.8A.28 Disclosure for performance of functions 383.8A.29 Disclosure of lawfully publicly available

information permitted 383.8A.30 Disclosure of de-identified information for

research purposes 3938 Authority conferred by a gaming industry employee's licence 39

39 Gaming industry employees to be licensed 3940 Functions of Commission 4041 Standards for approvals of technical equipment and systems 4042 Standards for the approval of linked jackpot arrangements,

the conduct of gaming and the conduct of monitoring 4043 Operational requirements in relation to linked jackpot

arrangements, conduct of gaming and the conduct of monitoring 41

44 Definitions—Division 6 of Part 1 of Chapter 10 4145 Ministerial directions as to requirements of Responsible

Gambling Codes of Conduct 4246 Schedule 1 amended 4247 Amendment of Schedule 7 44

PART 28—GAMBLING REGULATION AMENDMENT (PRE-COMMITMENT) ACT 2014 44

28.1 Transitional regulations 44

PART 3—AMENDMENT OF CASINO CONTROL ACT 1991 45

48 Cancellation, suspension or variation of casino licence 45

PART 4—REPEAL OF AMENDING ACT 46

49 Repeal of amending Act 46═══════════════

ENDNOTES 47

Gambling Regulation Amendment (Pre-commitment) Act 2014†

No. 4 of 2014

[Assented to 11 February 2014]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The main purpose of this Act is to amend the Gambling Regulation Act 2003 to provide for a pre-commitment scheme to be imposed in relation to gaming machines from 1 December 2015 at the direction of the Minister.

Victoria

1

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 December 2015, it comes into operation on that day.

3 Principal Act

In this Act, the Gambling Regulation Act 2003 is called the Principal Act.

__________________

Section Page

2

s. 2

See:Act No.114/2003.Reprint No. 5as at16 August 2012and amendingAct Nos114/2003, 60/2011, 20/2012, 9/2013 and 27/2013.LawToday:www.legislation.vic.gov.au

PART 2—AMENDMENT OF GAMBLING REGULATION ACT 2003

4 Definitions—Chapter 1

In section 1.3(1) of the Principal Act—

(a) insert the following definitions—

"monitoring services means the services and other things that are authorised under section 3.4.4(1);

player account equipment has the meaning given in section 3.8A.1;

player card has the meaning given in section 3.8A.1;

pre-commitment services means the services and other things that are authorised under section 3.4.4(1B);

pre-commitment system has the meaning given in section 3.8A.1;

responsible gambling services means the services and other things that are authorised under section 3.4.4(1A);";

(b) in the definition of loyalty scheme, in paragraph (b), after "machine" insert "other than a pre-commitment mechanism or pre-commitment system".

5 Meaning of electronic monitoring system

After section 1.3B(2) of the Principal Act insert—

"(3) For the purposes of this Act, a pre-commitment system is not an electronic monitoring system.".

s. 4Part 4—Repeal of Amending Act

Gambling Regulation Amendment (Pre-commitment) Act 2014No. 4 of 2014

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6 Conduct of gaming and playing gaming machines

(1) For section 3.1.4(1)(c) of the Principal Act substitute—

"(c) the installation, alteration, adjustment, maintenance or repair of gaming equipment, other than an alteration or adjustment that consists of the installation, on or in a gaming machine, of player account equipment or part of a pre-commitment system; and".

(2) After section 3.1.4(3) of the Principal Act insert—

"(4) Despite anything to the contrary in this Act, the provision of responsible gambling services or pre-commitment services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee.".

7 Conduct of monitoring

In section 3.1.4A of the Principal Act, for "section 3.4.4" substitute "section 3.4.4(1)".

8 Application of Chapter to casino operator

After section 3.1.5(2)(c) of the Principal Act insert—

"(ca) to, through the services of a person holding a licence issued under Part 4 of the Casino Control Act 1991, install, service, repair or maintain player account equipment, or part of a pre-commitment system, on or in a gaming machine in the casino for the purpose of complying with Division 3 of Part 8A; and".



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9 Authority conferred by venue operator's licence

After section 3.4.1(1)(ae) of the Principal Act insert—

"(af) while holding a gaming machine entitlement, to, through the services of a person holding a gaming industry employee's licence, install, service, repair or maintain player account equipment on or in a gaming machine in an approved venue operated by the licensee, for the purpose of complying with Division 3 of Part 8A; and".

10 Venue operator must comply with standards and operational requirements

At the foot of section 3.4.1B of the Principal Act insert—"Note

See section 3.8A.9 in relation to standards for player account equipment.".

11 Authority conferred by monitoring licence

(1) Section 3.4.4(1)(ca) of the Principal Act is repealed.


"(1A) The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to provide, in accordance with a direction under section 3.4.49—

(a) systems and mechanisms that implement responsible gambling measures for the conduct of gaming; and



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(b) services that are associated with the provision of those systems and mechanisms.

Note

Section 3.1.4(4) provides that the provision of responsible gambling services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee.

(1B) The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to, in accordance with a direction under section 3.8A.2—

(a) on and after 1 December 2015—

(i) provide, operate and maintain a pre-commitment system; and

(ii) provide any services that are associated with the pre-commitment system; and

(b) before 1 December 2015, do anything necessary or convenient to be done for the purpose of preparing to do the things referred to in paragraph (a).

Note

Section 3.1.4(4) provides that the provision of pre-commitment services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee.

(1C) The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to, for the



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purposes of complying with a direction under section 3.8A.2—

(a) install, service, repair or maintain part of a pre-commitment system in an approved venue through the services of a person holding a gaming industry employee's licence; and

(b) install, service, repair or maintain part of a pre-commitment system in a casino through the services of a person holding a licence issued under Part 4 of the Casino Control Act 1991.".

12 Monitoring licensee must comply with standards and operational requirements

(1) In section 3.4.4B(1)(a) of the Principal Act, after "conduct of monitoring" insert "or the provision of responsible gambling services".

(2) For section 3.4.4B(1)(b) of the Principal Act substitute—

"(b) an operational requirement determined by the Commission under section 10.1.5C in respect of—

(i) linked jackpot arrangements; or

(ii) the conduct of monitoring; or

(iii) the provision of responsible gambling services—

Note

See section 3.8A.8 in relation to standards and operational requirements in respect of pre-commitment services.".



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(3) In section 3.4.4B(3) of the Principal Act—

(a) for "technical equipment and systems" substitute "electronic monitoring system";

(b) for "technical equipment and systems that do" substitute "an electronic monitoring system that does".

(4) At the foot of section 3.4.4B(3) of the Principal Act insert—"Note

See section 3.8A.8 in relation to standards for a pre-commitment system.".

13 Authority conferred by listing on the Roll

(1) After section 3.4.5(c)(i) of the Principal Act insert—

"(ia) enter into arrangements with venue operators to install, service, repair or maintain player account equipment on or in a gaming machine through the services of a person holding a gaming industry employee's licence;".

(2) After section 3.4.5(c)(iii) of the Principal Act insert—

"(iiia) enter into arrangements with persons seeking approval, under section 3.5.5, of a variation to a gaming machine type in relation to the installation of player account equipment or a part of a pre-commitment system on or in a gaming machine to test the player account equipment or the part of the pre-commitment system for the purposes of the issue of certificates referred to in that section;".



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(3) After section 3.4.5(c)(vi) of the Principal Act insert—

"(via) enter into arrangements with the monitoring licensee to test a pre-commitment system for the purposes of section 3.8A.5;".

14 Disciplinary action against venue operator

In section 3.4.25(1) of the Principal Act, in the definition of grounds for disciplinary action, in paragraph (d)(iv), for "3.4A.11A or 3.4A.17A" substitute "3.4A.11A, 3.4A.17A, 3.8A.15 or 3.8A.16".

15 Section 3.4.31B repealed

Section 3.4.31B of the Principal Act is repealed.

16 Definitions—Division 4 of Part 4 of Chapter 3

In section 3.4.38 of the Principal Act, the definition of monitoring services is repealed.

17 Limitation of monitoring licensee's civil liability

In section 3.4.48C(1) of the Principal Act, for "monitoring services" substitute "monitoring services, responsible gambling services or pre-commitment services".

18 Minister may determine certain damages that must be included in related agreements

In section 3.4.48E(2)(a) and (b) of the Principal Act, for "monitoring services" substitute "monitoring services, responsible gambling services or pre-commitment services".



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19 Responsible gambling directions

For section 3.4.49(1) of the Principal Act substitute—

"(1) The Minister may direct the monitoring licensee to provide—

(a) systems and mechanisms that implement responsible gambling measures for the conduct of gaming; and

(b) services that are associated with the provision of those systems and mechanisms.".

20 Grounds for disciplinary action

In section 3.4.59D(e) of the Principal Act, for "3.4.59 or 3.4.59LA" substitute "3.4.59, 3.4.59LA or 3.8A.15".

21 Limitation of temporary licensee's civil liability

In section 3.4.59LC(1) of the Principal Act, for "monitoring services" substitute "monitoring services, responsible gambling services or pre-commitment services".

22 No compensation payable for certain acts and omissions relating to monitoring

In the heading to section 3.4.59Q of the Principal Act omit "relating to monitoring".

23 Disciplinary action

In section 3.4.65(1) of the Principal Act, in the definition of grounds for disciplinary action—

(a) in paragraph (g), for "monitoring equipment or games" substitute "monitoring equipment, games or a pre-commitment system";



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(b) after paragraph (g) insert—

"(ga) that any testing of player account equipment, or a part of a pre-commitment system, installed or to be installed on or in a gaming machine is unsatisfactory;".

24 Related agreements between venue operators and monitoring licensee

For section 3.4A.11A(1) of the Principal Act substitute—

"(1) Subject to this section, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement to enter into an agreement with the monitoring licensee dealing with matters relating to the provision of monitoring services or responsible gambling services to the venue operator by the monitoring licensee.Note

See Division 4 of Part 8A in relation to agreements concerning matters relating to a pre-commitment system.".

25 Competition and Consumer Act and Competition Code authorisation

In section 3.4A.34(1)(a), (b) and (c) of the Principal Act, for "3.4A.11A or 3.4A.17A" substitute "3.4A.11A, 3.4A.17A, 3.8A.15 or 3.8A.16".

26 Division 1AA of Part 5 of Chapter 3 repealed

Division 1AA of Part 5 of Chapter 3 of the Principal Act is repealed.



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27 Variation of gaming machine types and games

(1) In section 3.5.5(3)(b) of the Principal Act, for "section 3.5.3" substitute "sections 3.5.3 and 10.1.5A".


"(3A) An application to approve a variation relating to the installation of player account equipment or a part of a pre-commitment system on or in a gaming machine may be made by any person.".

28 Unlawful interference with gaming equipment or monitoring equipment

(1) For the heading to section 3.5.10 of the Principal Act substitute—

"Unlawful interference with equipment or systems".

(2) For section 3.5.10(1)(a) and (b) of the Principal Act substitute—

"(a) be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with—

(i) gaming equipment; or

(ii) monitoring equipment; or

(iii) player account equipment installed on or in a gaming machine; or

(iv) a pre-commitment system; or

(b) do any act or thing calculated, or likely, to improperly interfere with equipment, or a system, referred to in paragraph (a); or".



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29 Protection of sensitive areas of gaming equipment or monitoring equipment

For section 3.5.11(1)(j) of the Principal Act substitute—

"(j) interfere with information stored or transmitted electronically by any—

(i) gaming machine; or

(ii) linked jackpot arrangement; or

(iii) electronic monitoring system; or

(iv) player account equipment installed on or in a gaming machine; or

(v) pre-commitment system; or".

30 Certificates of installation

For the heading to section 3.5.16 of the Principal Act substitute—

"Certificates of installation—gaming equipment and monitoring equipment".

31 New section 3.5.34AC inserted

After section 3.5.34AB of the Principal Act insert—

"3.5.34AC Prohibition on printing gaming machine advertising on player cards

(1) A loyalty scheme operator, venue operator or casino operator must not print or cause to be printed any gaming machine advertising on a player card.

Penalty: 120 penalty units.



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(2) A person must not, on behalf of a loyalty scheme provider, venue operator or casino operator, print or cause to be printed any gaming machine advertising on a player card.


(3) Nothing in this section prohibits the printing of any of the following information on a player card—

(a) the name of a loyalty scheme, casino or approved venue;

(b) the contact details of a loyalty scheme provider, casino operator or approved venue;

(c) a prescribed term, expression, symbol or other thing.

(4) In this section—

(a) gaming machine advertising has the same meaning as in section 3.5.34AA; and

(b) section 3.5.34AA(9) applies for the purposes of the definition of gaming machine advertising.".

32 Section 3.5.36 substituted

For section 3.5.36 of the Principal Act substitute—

"3.5.36 Preconditions for allowing participation in loyalty scheme

(1) A venue operator must not allow a person to participate in a loyalty scheme at the approved venue unless—



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(a) the person has been given a written statement that complies with section 3.5.36A by—

(i) if the loyalty scheme is conducted by the venue operator, the venue operator; or

(ii) in any other case, either the venue operator or the loyalty scheme provider; and

(b) the person has agreed to receive player activity statements relating to the playing of games under the scheme.


(2) A casino operator must not allow a person to participate in a loyalty scheme at the casino unless—

(a) the person has been given a written statement that complies with section 3.5.36A by—

(i) if the loyalty scheme is conducted by the casino operator, the casino operator; or

(ii) in any other case, either the casino operator or the loyalty scheme provider; and

(b) the person has agreed to receive player activity statements relating to the playing of games under the scheme.

Penalty: 60 penalty units.".



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33 New sections 3.5.36A, 3.5.36B, 3.5.36C and 3.5.36D inserted

After section 3.5.36 of the Principal Act insert—

"3.5.36A Content of written statement

(1) A written statement referred to in section 3.5.36(1)(a) or (2)(a) must contain the prescribed information (if any).

(2) A written statement referred to in section 3.5.36(1)(a) or (2)(a) that is given before 1 December 2015 must also—

(a) inform the person receiving the statement of his or her rights under section 3.5.36B; and

(b) if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system, inform the person receiving the statement of his or her ability to set a time limit or net loss limit under the system on and after 1 December 2015.

(3) A written statement referred to in section 3.5.36(1)(a) or (2)(a) that is given on or after 1 December 2015 must also—

(a) if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system, inform the person receiving the statement of his or her ability to set a time limit or net loss limit under the system; or

(b) otherwise, inform the person receiving the statement of his or her rights under section 3.5.36B.



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3.5.36B Setting limits under loyalty scheme

(1) A participant in a loyalty scheme may at any time, by notifying the loyalty scheme provider, set—

(a) a limit on the amount of time, in any 24 hour period determined by the provider, that the participant may play games under the scheme; and

(b) a limit on the participant's net loss on games played under the scheme in any 24 hour period determined by the provider; and

(c) if the participant has set a limit under paragraph (b), a limit on the participant's net loss on games played under the scheme in any year determined by the provider.

(2) If the participant has previously set a limit under subsection (1), any new limit set by the participant that increases the amount of time or net loss does not take effect until the time determined by the loyalty scheme provider, which must be at least 24 hours after the participant has notified the loyalty scheme provider of the new limit.

(3) A loyalty scheme provider must not allow a participant to continue playing games under the scheme after a limit set by the participants under subsection (1) has been reached.


(4) This section does not apply on and after 1 December 2015 if the Minister directs the monitoring licensee, under section 3.8A.2, to



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provide, operate and maintain a pre-commitment system.Note

The pre-commitment system that the monitoring licensee must provide in accordance with that direction provides for players of gaming machines to track, and set a time limit or net loss limit on, their playing of gaming machines.

3.5.36C Excluded persons

(1) A loyalty scheme provider must not knowingly allow an excluded person to participate in the scheme at a casino.


(2) If a loyalty scheme is being provided in a casino by someone other than the casino operator, the casino operator must not knowingly allow an excluded person to participate in the scheme at the casino.


(3) A loyalty scheme provider must not knowingly allow a person who has excluded themselves from an approved venue to participate in the scheme at the venue.


(4) If a loyalty scheme is being provided in an approved venue by someone other than the venue operator, the venue operator must not knowingly allow a person who has excluded themselves from the venue to participate in the scheme at the venue.


(5) A loyalty scheme provider who conducts a loyalty scheme at a casino must remove a participant from the scheme if the participant becomes an excluded person.



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excluded person means a person who is the subject of an exclusion order or interstate exclusion order (within the meaning of the Casino Control Act 1991).

3.5.36D Loyalty scheme must use same equipment as pre-commitment system

(1) This section applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system.

(2) On and after 1 December 2015, a venue operator must not conduct, or allow to be conducted, a loyalty scheme in the approved venue that—

(a) allows a player to accumulate bonus, loyalty or reward points from playing gaming machines other than by using a player card; or

(b) allows a player to track his or her expenditure on a gaming machine other than by using a player card; or

(c) involves the use of any of the following equipment unless that equipment is also used for the purposes of the pre-commitment system—

(i) a card reader installed on or in a gaming machine;

(ii) an interactive display screen installed on or in a gaming machine;



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(iii) a kiosk;

(iv) any other prescribed equipment.


(3) On and after 1 December 2015, a casino operator must not conduct, or allow to be conducted, a loyalty scheme in the casino that—

(a) allows a player to accumulate bonus, loyalty or reward points from playing gaming machines other than by using a player card; or

(b) allows a player to track his or her expenditure on a gaming machine other than by using a player card; or

(c) involves the use of any of the following equipment unless that equipment is also used for the purposes of the pre-commitment system—

(i) a card reader installed on or in a gaming machine;

(ii) an interactive display screen installed on or in a gaming machine;

(iii) a kiosk;

(iv) any other prescribed equipment.



card reader, interactive display screen and kiosk have the same meanings as in section 3.8A.1.".



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34 No advertising to people suspended or removed from loyalty schemes


"(1A) If a person has been removed from a loyalty scheme conducted at an approved venue, the venue operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person.


(1B) If a person has been removed from a loyalty scheme conducted at a casino, the casino operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person.



"(2A) If a person has been suspended from a loyalty scheme conducted at an approved venue, the venue operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person during the period of the suspension.


(2B) If a person has been suspended from a loyalty scheme conducted at a casino, the casino operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person during the period of suspension.



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(3) In section 3.5.40(3) of the Principal Act—

(a) for "subsections (1) and (2)" substitute "this section";

(b) for "loyalty scheme provider" substitute "loyalty scheme provider, venue operator or casino operator";

(c) after "the provider" insert "or operator".

35 Loyalty scheme participant information

After section 3.5.41(3) of the Principal Act insert—

"(4) The Minister may from time to time direct a loyalty scheme provider to provide specified information to participants in the scheme.

(5) If the Minister directs the monitoring licensee, under section 3.8A.2, to provide, operate and maintain a pre-commitment system, a direction given under subsection (4) may also require a loyalty scheme provider to provide information relating to—

(a) the commencement or operation of the system; and

(b) the ability of a player to set, under the system, a time limit or net loss limit on their playing of gaming machines; and

(c) the restriction on the provision of any other system or scheme that allows a player to set a time limit or net loss limit on their playing of gaming machines.

(6) A loyalty scheme provider must comply with a direction given under subsection (4).




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36 Directions to monitoring licensee

(1) In section 3.7.6D(1) of the Principal Act, for "monitoring services provided by the licensee" substitute "an activity referred to in section 3.4.4 that is undertaken by the licensee".

(2) In section 3.7.6D(3) of the Principal Act, for "conduct of monitoring" substitute "activity".

(3) In section 3.7.6D(4)(b) of the Principal Act, for "or 3.7.6B" substitute ", 3.7.6B or 3.8A.21".

37 New Part 8A of Chapter 3 inserted

After Part 8 of Chapter 3 of the Principal Act insert—

"PART 8A—PRE-COMMITMENT FROM 1 DECEMBER 2015

Division 1—Preliminary

3.8A.1 Definitions

In this Part—

card encoder means a device that is capable of recording information onto a player card;

card reader means a device that is capable of reading information stored on a player card;

interactive display screen means a device that is capable of accepting input from, and showing information to, the player of the gaming machine on which the device is installed;

kiosk means a device, incorporating a card reader, that allows a player to access information produced or stored by a



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pre-commitment system or loyalty scheme;

player account equipment means the following equipment—

(a) a card encoder;

(b) a card reader;

(c) an interactive display screen;

(d) a keypad;

(e) a kiosk;

(f) equipment that is prescribed as player account equipment;

player card means a card that stores information and that—

(a) can be used by a player to apply a time limit or net loss limit to their playing of gaming machines; and

(b) may also be capable of being used by a player to track their playing of gaming machines for the purposes of a loyalty scheme;

pre-commitment system means an electronic or computer or communications system (other than a pre-commitment mechanism) that, by interfacing with player account equipment and player cards, provides for players of gaming machines to track, and set a time limit or net loss limit on, their playing of gaming machines.



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Division 2—Pre-commitment direction, approval and testing

3.8A.2 Pre-commitment direction

(1) The Minister may by instrument direct the monitoring licensee to—

(a) on and after 1 December 2015—

(i) provide, operate and maintain a pre-commitment system; and

(ii) provide any services that are associated with the pre-commitment system; and

(b) before 1 December 2015, do anything necessary or convenient to be done for the purpose of preparing to do the things referred to in paragraph (a).

(2) A direction under subsection (1) must be—

(a) given to the monitoring licensee; and

(b) published in the Government Gazette.

(3) It is a condition of the monitoring licence that the licensee must comply with a direction under subsection (1).

3.8A.3 Monitoring licensee must not provide unapproved pre-commitment system

(1) The monitoring licensee must not provide, operate or maintain a pre-commitment system unless it has been approved by the Commission.

(2) The monitoring licensee must not provide, operate or maintain a pre-commitment system which has been varied from the



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system approved by the Commission unless the variation has been approved by the Commission.

3.8A.4 Commission may approve pre-commitment system

(1) The Commission may approve—

(a) a pre-commitment system to be provided, operated and maintained by the monitoring licensee; or

(b) a variation to a pre-commitment system that has already been approved under this subsection.

(2) The Commission may require the monitoring licensee to provide any additional information or material that the Commission considers necessary to decide whether to make an approval under subsection (1).

(3) Additional information or material under subsection (2) includes the results of any tests conducted, or recommendations made, by a person listed on the Roll who is accredited by the Commission to test a pre-commitment system.

(4) In deciding whether to make an approval under subsection (1), the Commission—

(a) must have regard to any relevant standards made under section 10.1.5A; and

(b) may have regard to the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c); and

(c) may have regard to additional information or material provided to the Commission under subsection (2).



26

(5) The Commission may make an approval under subsection (1) subject to any conditions that it thinks fit.

3.8A.5 Testing of pre-commitment system

(1) The Commission may test a pre-commitment system to determine whether there is compliance with—

(a) this Act; and

(b) the regulations; and

(c) any relevant standards made by the Commission under section 10.1.5A.

(2) The Commission may test a pre-commitment system under subsection (1)—

(a) on its own motion if it has reasonable grounds; or

(b) on request by the monitoring licensee.

(3) The Commission, in approving a pre-commitment system or a variation to a pre-commitment system under section 3.8A.4, may require the monitoring licensee to engage a person listed on the Roll who is accredited by the Commission to test a pre-commitment system to—

(a) test the pre-commitment system or the variation to the pre-commitment system; and

(b) make recommendations to the Commission on aspects of the pre-commitment system or the variation to the pre-commitment system, if the Commission requires.

(4) If the Commission requires the monitoring licensee to engage a person to test and make recommendations about a pre-commitment



27

system or a variation to a pre-commitment system under this section, the monitoring licensee must provide the Commission with the results of any tests conducted and the recommendations.

(5) The Commission may require the monitoring licensee to pay the reasonable costs of testing under this section.

Division 3—Obligations of monitoring licensee, venue operators and casino operators

3.8A.6 Application of Division

This Division applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system.

3.8A.7 Certificates of installation—player account equipment and parts of a pre-commitment system


relevant licensee means a person who holds—

(a) a gaming industry employee's licence; or

(b) a licence issued under Part 4 of the Casino Control Act 1991.

(2) A relevant licensee who installs player account equipment or a part of a pre-commitment system on or in a gaming machine must—

(a) certify, in a form approved by the Commission, that the part or equipment is functioning in the manner in which it is designed and programmed to function; and



28

(b) retain the certificate for a period of 12 months immediately following the date of signature.

(3) A relevant licensee must not sign a certificate referred to in subsection (2) knowing it to be false.


(4) On and after 1 December 2015, a venue operator or casino operator must not allow gaming to commence on a gaming machine in respect of which certificates under subsection (2)—

(a) have not been signed; or

(b) have been signed in contravention of subsection (3).


(5) A function of the Commission under this section may be performed by any commissioner.

3.8A.8 Monitoring licensee must ensure that pre-commitment system complies with standards and operational requirements

(1) On and after 1 December 2015, the monitoring licensee must ensure that any pre-commitment system that it provides, operates and maintains complies with a standard made by the Commission under section 10.1.5A, unless the Commission has, in writing, given its approval to the monitoring licensee to operate a pre-commitment system that does not comply with the standard.

(2) On and after 1 December 2015, the monitoring licensee must ensure that any pre-commitment services that it provides



29

comply with a standard made by the Commission under section 10.1.5B, unless the Commission has, in writing, given its approval to the monitoring licensee to operate a pre-commitment system that does not comply with the standard.

(3) On and after 1 December 2015, the monitoring licensee must comply with an operational requirement determined by the Commission under section 10.1.5C in relation to the provision of pre-commitment services unless the Commission has, in writing, given its approval to the monitoring licensee not to comply with the operational requirement.

3.8A.9 Player account equipment must comply with regulations and standards

(1) On and after 1 December 2015, a venue operator must ensure that player account equipment operating in the approved venue—

(a) meets prescribed requirements (if any); and

(b) complies with a standard made by the Commission under section 10.1.5A in respect of player account equipment unless the Commission has, in writing, given its approval to the venue operator to operate any player account equipment that does not comply with the standard.

(2) On and after 1 December 2015, a casino operator must ensure that player account equipment operating in the casino—

(a) meets prescribed requirements (if any); and



30

(b) complies with a standard made by the Commission under section 10.1.5A in respect of player account equipment unless the Commission has, in writing, given its approval to the casino operator to operate any player account equipment that does not comply with the standard.

3.8A.10 Offence for operator failing to ensure proper installation of player account equipment

(1) On and after 1 December 2015, a venue operator must ensure that player account equipment is installed in the approved venue in the prescribed manner, quantity and location (if any).


(2) On and after 1 December 2015, a casino operator must ensure that player account equipment is installed in the casino in the prescribed manner, quantity and location (if any).


3.8A.11 Player cards must comply with regulations and standards

(1) On and after 1 December 2015, a venue operator must ensure that player cards distributed or made available by the venue operator—

(a) meet prescribed requirements (if any); and

(b) comply with a standard made by the Commission under section 10.1.5A in respect of player cards unless the Commission has, in writing, given its



31

approval to the venue operator to distribute or make available player cards that do not comply with the standard.

(2) On and after 1 December 2015, a casino operator must ensure that player cards distributed or made available by the casino operator—

(a) meet prescribed requirements (if any); and

(b) comply with a standard made by the Commission under section 10.1.5A in respect of player cards unless the Commission has, in writing, given its approval to the casino operator to distribute or make available player cards that do not comply with the standard.

3.8A.12 Operators must ensure functioning of player account equipment and connection to pre-commitment system

(1) On and after 1 December 2015, a venue operator must, as far as is reasonably practical, ensure that the player account equipment installed in the approved venue is functioning in the manner in which it is designed and programmed to function—

(a) in the case of equipment that is installed on or in a gaming machine, at all times that the gaming machine is available for gaming in the approved venue; or



32

(b) in any other case, at all times that any gaming machine is available for gaming in the approved venue.


(2) On and after 1 December 2015, a venue operator must, as far as is reasonably practical, ensure that any gaming machine that is available for gaming in the approved venue is capable of applying a time limit or net loss limit set under the pre-commitment system.


(3) On and after 1 December 2015, a casino operator must, as far as is reasonably practical, ensure that the player account equipment installed in the casino is functioning in the manner in which it is designed and programmed to function—

(a) in the case of equipment that is installed on or in a gaming machine, at all times that the gaming machine is available for gaming in the casino; or

(b) in any other case, at all times that any gaming machine is available for gaming in the casino.


(4) On and after 1 December 2015, a casino operator must, as far as is reasonably practical, ensure that any gaming machine that is available for gaming in the casino is capable of applying a time limit or net loss limit set under the pre-commitment system.


3.8A.13 Offence for operator to permit gaming on gaming machine using alternative limit



33

setting scheme

On and after 1 December 2015, a venue operator or casino operator must not permit gaming on a gaming machine that is capable of applying a time limit or net loss limit set under a system or scheme other than a pre-commitment system.


Division 4—Related agreements



3.8A.15 Related agreement between monitoring licensee and venue operator or casino operator

(1) Subject to this section and section 3.8A.17, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement or a casino operator to enter into an agreement with the monitoring licensee dealing with matters relating to the provision of pre-commitment services.

(2) Before giving a direction under subsection (1), the Minister must consult with the monitoring licensee and the venue operator or casino operator (as the case requires).

(3) A direction under subsection (1) may require the casino operator to enter into an agreement with the monitoring licensee requiring the casino operator to provide, operate and maintain part of the pre-commitment system that relates to the casino.



34

3.8A.16 Related agreement between Minister and venue operator or casino operator

(1) Subject to this section and section 3.8A.17, the Minister may, by written notice, direct a a venue operator that holds a gaming machine entitlement or a casino operator to enter into an agreement with the Minister dealing with matters relating to the provision of pre-commitment services.

(2) Before giving a direction under subsection (1), the Minister must consult with the venue operator or casino operator (as the case requires).

3.8A.17 Content of direction

A direction under section 3.8A.15 or 3.8A.16—

(a) must be accompanied by a copy of this Division; and

(b) may specify the terms or kinds of terms to be contained in an agreement to be entered into; and

(c) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and

(d) may specify a date by which an agreement is to be entered into.

3.8A.18 Direction to enter into related agreement must be complied with

(1) A casino operator or venue operator to which this section applies must comply with a direction under section 3.8A.15 or 3.8A.16.

(2) A casino operator or venue operator must give a copy of any agreement entered into in



35

compliance with a direction under section 3.8A.15 or 3.8A.16 to the Commission.

3.8A.19 No compensation payable because of a direction to enter into related agreement under section 3.8A.15 or 3.8A.16

No compensation is payable by the State because of a direction under section 3.8A.15 or 3.8A.16 or the entering into an agreement in compliance with a direction under either of those sections.

Division 5—Provision of information



3.8A.21 Directions to monitoring licensee to provide information concerning pre-commitment

(1) The Minister may give a written direction to the monitoring licensee requiring the monitoring licensee to provide to the Minister any information or document, or any class of information or document, that—

(a) is in the possession or under the control of the monitoring licensee; and

(b) in the opinion of the Minister, relates to a pre-commitment system.

(2) The monitoring licensee must comply with a direction under subsection (1).

(3) The Minister may, for any purpose related to the provision of a pre-commitment system, disclose any information acquired by the



36

Minister in response to a direction under subsection (1) to any person that the Minister considers appropriate.

(4) The Minister may disclose information under subsection (3) subject to any conditions that the Minister thinks fit.

3.8A.22 No compensation payable

No compensation is payable by the State in respect of anything done under section 3.8A.21 or in compliance with a direction under that section.

3.8A.23 Provision of information for research purposes

(1) The Minister may from time to time direct the monitoring licensee to provide information derived from a pre-commitment system, other than information that identifies, or is capable of identifying, any person who is or was a participant in the scheme to any person or body for research purposes.

(2) The monitoring licensee must comply with a direction given under subsection (1).


Division 6—Confidentiality

3.8A.24 Definition

In this Division—

pre-commitment information means information that is obtained from the pre-commitment system.

3.8A.25 Restriction on disclosure of pre-commitment information



37

A person must not disclose pre-commitment information other than in accordance with this Division.

Penalty: 60 penalty units.Note

Part 2 of Chapter 4 of the National Gambling Reform Act 2012 of the Commonwealth contains other provisions that permit disclosure of certain information.

3.8A.26 Disclosure with consent permitted

A person may disclose pre-commitment information with the consent (express or implied) of the person to whom the pre-commitment information relates.

3.8A.27 Disclosure to enforcement agencies permitted

A person may disclose pre-commitment information to an enforcement agency (within the meaning of section 10.1.29) for the purpose of law enforcement.

3.8A.28 Disclosure for performance of functions

A person may disclose pre-commitment information in the performance of a function under this Act or the regulations or an instrument made under this Act.

3.8A.29 Disclosure of lawfully publicly available information permitted

A person may disclose pre-commitment information that has lawfully been made publicly available.

3.8A.30 Disclosure of de-identified information for research purposes



38

A regulated person within the meaning of section 10.1.29 may disclose information to a person or body who conducts research if the information does not enable the identification of any person to whom the information relates.

__________________".

38 Authority conferred by a gaming industry employee's licence

In section 9A.1.2(1) of the Principal Act—

(a) after paragraph (c) insert—

"(ca) to install, service, repair and maintain player account equipment, or part of a pre-commitment system, on or in a gaming machine; and";

(b) after paragraph (d) insert—

"(da) for the purposes of the issue of certificates referred to in section 3.8A.4(4)(b), to test a pre-commitment system; and".

39 Gaming industry employees to be licensed

(1) In the penalty at the foot of section 9A.1.3(1) of the Principal Act, in paragraph (a), for "9A.1.2(1)(c), (1)(d)" substitute "9A.1.2(1)(c), (1)(ca), (1)(d), (1)(da)".

(2) In the penalty at the foot of section 9A.1.3(2) of the Principal Act, in paragraph (a), for "9A.1.2(1)(c), (1)(d)" substitute "9A.1.2(1)(c), (1)(ca), (1)(d), (1)(da)".

40 Functions of Commission



39

After section 10.1.4(2)(ag) of the Principal Act insert—

"(ah) regulating venue operators and casino operators in relation to pre-commitment;".

41 Standards for approvals of technical equipment and systems

(1) For section 10.1.5A(1) of the Principal Act substitute—

"(1) The Commission, with the approval of the Minister, may make and amend standards in respect of—

(a) any technical equipment and systems that the Commission is required to approve under this Act; and

(b) player account equipment; and

(c) player cards.".

(2) In section 10.1.5A(5) of the Principal Act, in the definition of technical equipment and systems, after "3.5.13," insert "3.8A.4,".

42 Standards for the approval of linked jackpot arrangements, the conduct of gaming and the conduct of monitoring

(1) For the heading to section 10.1.5B of the Principal Act substitute—

"Standards relating to certain matters".

(2) In section 10.1.5B(1)(c) of the Principal Act, for "monitoring." substitute "monitoring;".

(3) After section 10.1.5B(1)(c) of the Principal Act insert—



40

"(d) the provision of responsible gambling services;

(e) the provision of pre-commitment services.".

43 Operational requirements in relation to linked jackpot arrangements, conduct of gaming and the conduct of monitoring

(1) In the heading to section 10.1.5C of the Principal Act omit "in relation to linked jackpot arrangements, conduct of gaming and the conduct of monitoring".

(2) In section 10.1.5C(1) of the Principal Act—

(a) in paragraph (c), for "monitoring." substitute "monitoring;";

(b) after paragraph (c) insert—

"(d) the provision of responsible gambling services;

(e) the provision of pre-commitment services.".

(3) In section 10.1.5C(2) of the Principal Act, after paragraph (b)(iv) insert—

"(v) a pre-commitment system required to be approved by the Commission under section 3.8A.4;".

44 Definitions—Division 6 of Part 1 of Chapter 10

In section 10.1.29(1) of the Principal Act, in the definition of protected information, for "means" substitute "means information, other than pre-commitment information within the meaning of section 3.8A.24, that is".

45 Ministerial directions as to requirements of Responsible Gambling Codes of Conduct



41

After section 10.6.6(3) of the Principal Act insert—

"(3A) A direction under subsection (1) takes effect on the day specified in the direction.".

46 Schedule 1 amended

(1) For item 3.26(b) of Schedule 1 to the Principal Act substitute—

"(b) the provision to participants of player activity statements, including—

(i) information that must be included in those statements, including information relating to responsible gambling; and

(ii) information that must not be included in those statements;

(c) restrictions that may be imposed in relation to the conduct of a loyalty scheme to foster responsible gambling;

(d) the manner and form in which information relating to a loyalty scheme is required to be presented when it is accompanied by information relating to a pre-commitment system;

(e) the interaction between a loyalty scheme and a pre-commitment system (including matters relating to player cards) and the giving of directions by authorised persons to venue operators or casino operators.".

(2) After item 3.26A of Schedule 1 to the Principal Act insert—



42

"3.26B In relation to pre-commitment services, player cards and player account equipment—

(a) the method by which a time limit or net loss limit is set under a pre-commitment system;

(b) if a person has previously set a time limit or net loss limit, the period of time during which a new time limit or new net loss limit set by a person will not be effective;

(c) options that a person may choose to apply to his or her playing of a gaming machine if a time limit or net loss limit set by the person has been exceeded;

(d) monitoring and testing of player account equipment and the pre-commitment system and the giving of directions by authorised persons to venue operators and casino operators;

(e) the persons or classes of persons who may connect player account equipment and parts of a pre-commitment system;

(f) the security of information relating to a pre-commitment system;

(g) signage related to a pre-commitment system;

(h) the availability and distribution of player cards.".

47 Amendment of Schedule 7



43

After Part 27 of Schedule 7 to the Principal Act insert—

"PART 28—GAMBLING REGULATION AMENDMENT (PRE-COMMITMENT) ACT 2014

28.1 Transitional regulations

(1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the amendments made to this Act by the Gambling Regulation Amendment (Pre-commitment) Act 2014 in relation to loyalty schemes.

(2) Regulations made under this clause have effect despite anything to the contrary in any other Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(3) This clause expires on 1 December 2016.".

__________________



44

PART 3—AMENDMENT OF CASINO CONTROL ACT 1991

48 Cancellation, suspension or variation of casino licence

s. 48See:Act No.47/1991.Reprint No. 8as at22 June 2011and amendingAct Nos29/2009, 84/2009, 74/2010, 58/2011 and 32/2012.LawToday:www.legislation.vic.gov.au

In section 20(1) of the Casino Control Act 1991, in the definition of grounds for disciplinary action, after paragraph (b) insert—

"(ba) that the casino operator has contravened an agreement referred to in section 3.8A.15 or 3.8A.16 of the Gambling Regulation Act 2003;".

__________________

Part 4—Repeal of Amending Act


45

PART 4—REPEAL OF AMENDING ACT

49 Repeal of amending Act

This Act is repealed on 1 December 2016.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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46

ENDNOTES

Endnotes


47

† Minister's second reading speech—

Legislative Assembly: 31 October 2013

Legislative Council: 12 December 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 to provide for a pre-commitment scheme to be imposed in relation to gaming machines from 1 December 2015 at the direction of the Minister and to make related amendments to the Casino Control Act 1991 and for other purposes."

Documents

Gambling Regulation Amendment (Pre …FILE/14-004a.docx · Web viewPage Gambling Regulation Amendment (Pre-commitment) Act 2014 No. 4 of 2014 Part 4—Repeal of Amending Act Gambling