51. Claims for prize
- (1)
If a claim for a prize in an approved game is made to a licensed provider
within 2 years after the end of the game, the licensed provider must--
- (a)
immediately try to resolve the claim; and
- (b)
if the licensed provider is not able to resolve the claim, by written notice (a
"claim result notice") given to the claimant, promptly inform the claimant--
- (i)
of the licensed provider's decision on the claim; and
- (ii)
that the person may, within 10 days of receiving the notice, ask the Authority
to review the decision.
(2)
If the claim is not resolved, the claimant may ask the Authority to review the
licensed provider's decision on the claim, or if the claimant has not received
a claim result notice, to resolve the claim.
- (3)
A request to the Authority under sub-section (2)--
- (a)
must be in the approved form; and
- (b)
if the claimant received a claim result notice, must be made within
10 days after receiving the notice.
(4)
If a request is made to the Authority, the Authority may carry out
investigations the Authority considers necessary to resolve matters in dispute.
52. Entitlement to prize lapses if not claimed within 2 yearsIf
a prize is not claimed within 2 years after the end of the approved game in
which the prize was won, the licensed provider must pay the amount of the prize
in accordance with the Unclaimed Moneys Act 1962.
53. Power to withhold prize in certain cases
- (1)
If a licensed provider has reason to believe that the result of an approved
game has been affected by an illegal activity or malfunction of equipment, the
licensed provider may withhold a prize in the game.
- (2)
If a licensed provider withholds a prize under this section, the licensed
provider--
- (a)
must immediately inform the Authority of the circumstances of the incident; and
- (b)
must not conduct a further game if a recurrence of the illegality or
malfunction is likely.
(3)
After investigating the incident, the Authority may, by written notice to the
licensed provider--
- (a)
direct the licensed provider to pay the prize; or
- (b)
confirm the licensed provider's decision to withhold the prize, but direct the
licensed provider to refund amounts wagered in the game.
(4)
The licensed provider must comply with a direction under sub-section (3).
54. Inquiries about complaints
- (1)
A licensed provider must inquire into--
- (a)
a complaint made to the licensed provider by a person about--
- (i)
the conduct of an approved game by the licensed provider; or
- (ii)
the conduct of an agent of the licensed provider in operations related to an
approved game; or
(b)
a complaint referred to the licensed provider by the Authority under
sub-section (3).
Penalty: 60 penalty units.
- (2)
Within 21 days after the complaint is received by, or referred to, the licensed
provider, the licensed provider must give written notice of the result of the
inquiry to--
- (a)
the complainant; and
- (b)
if the complaint was referred to the licensed provider by the Authority, the
Authority.
Penalty: 60 penalty units.
- (3)
If a complaint is made to the Authority about the conduct of an approved game,
or the conduct of an agent in operations related to an approved game, the
Authority must promptly--
- (a)
inquire into the complaint; or
- (b)
if the Authority considers it appropriate--
- (i)
refer the complaint to the licensed provider who conducted the game; or
- (ii)
if the approved game is conducted by an external provider, refer the complaint
to the relevant participating regulator.
(4)
The Authority must promptly advise the complainant of--
- (a)
the result of the Authority's inquiry; or
- (b)
the Authority's decision to refer the complaint to the licensed provider or a
participating regulator.
(5)
A complaint must--
- (a)
be in writing; and
- (b)
state the complainant's name and address; and
- (c)
give appropriate details of the complaint.
55. Authority's power to restrict participation in approved games by gaming
officials
- (1)
The Authority may, by written notice given to a person employed in the
administration of this Act, direct the employee--
- (a)
not to participate as a player in an approved game; or
- (b)
not to participate as a player in an approved game except in stated
circumstances or for stated purposes.
(2)
A person employed in the administration of this Act must not participate as a
player in an approved game in contravention of a direction under this
section.
Penalty: 60 penalty units.
_______________
PART 6--INVESTIGATION AND ENFORCEMENT
56. InspectorsA person holding an appointment under Part 10 of
the Gaming and Betting Act 1994 is an inspector for the purposes of this
Act.
57. Rights of inspector in certain premises
- (1)
An inspector may at any time enter and remain on the premises of a licensed
provider for the purposes of doing any one or more of the following--
- (a)
observing any of the operations on such premises relating to the conduct of
interactive games;
- (b)
ascertaining whether the operation of any such premises is being properly
conducted, supervised and managed;
- (c)
ascertaining whether the provisions of this Act and the regulations are being
complied with;
- (d)
in any other respect, exercising his or her functions under this Act.
(2)
An inspector who enters premises under sub-section (1) is not authorised to
remain on the premises if, on the request of the licensed provider, the
inspector does not show his or her identity card to the licensed provider.
58. Functions of inspectors
- (1)
The functions of inspectors under this Act are as follows--
- (a)
to supervise operations on the premises of licensed providers and to inspect
the gaming equipment used and records kept in such premises, for the purpose of
ascertaining whether or not the licensed provider is complying with the
provisions of this Act, the conditions of the licence, and any directions
issued by the Authority under this Act;
- (b)
to assist in any other manner, where necessary, in the detection of offences
committed against this Act;
- (c)
to report to the Authority as required;
- (d)
such other functions as are conferred on inspectors under this Act.
(2)
Inspectors must not participate in interactive gaming while on duty other than
as required in the course of their employment.
Penalty applying to this
sub-section: 20 penalty units.
59. Powers of inspectors
- (1)
An inspector may do any one or more of the following--
- (a)
require any person in possession of, or having control of, any interactive
gaming equipment or records to produce the equipment or records for inspection
and to answer questions or provide information relating to the equipment or
records;
- (b)
inspect any interactive gaming equipment or records and take copies of,
extracts from, or notes relating to, any records;
- (c)
if the inspector considers it necessary to do so for the purpose of obtaining
evidence of the commission of an offence, seize any interactive gaming
equipment or records;
- (d)
by notice in writing require--
- (i)
the licensed provider; or
- (ii)
any other person associated with operations or their management in premises the
inspector is authorised to enter--
to attend before the inspector
at a specified time or place and answer questions, or provide information, with
respect to operations on the premises;
- (e)
examine and test any interactive gaming equipment in such premises and order
the person in charge of the premises to withdraw unsatisfactory interactive
gaming equipment from use on the premises;
- (f)
if the inspector is not a member of the police force, call to his or her aid a
member of the police force if he or she is obstructed, or believes on
reasonable grounds that he or she will be obstructed, in the exercise of his or
her functions; (g)
any other thing authorised under this Act to be done by an inspector.
- (2)
If an inspector seizes interactive gaming equipment or records under this
section, they may be retained by the inspector until the completion of any
proceedings (including proceedings on appeal) in which they may be evidence but
only if, in the case of records, the person from whom the records were seized
is provided, within a reasonable time after the seizure, with a copy of the
records certified by an inspector as a true copy.
- (3)
Sub-section (2) ceases to have effect in relation to things seized if, on the
application of a person aggrieved by the seizure, the court in which
proceedings referred to in that sub-section are instituted so orders.
- (4)
A copy of records provided under sub-section (2) is, as evidence, of equal
validity to the records of which it is certified to be a copy.
- (5)
A person is not required by this section to answer a question that might
incriminate the person.
60. Search warrants
- (1)
An inspector, not being a member of the police force, with the consent of the
Authority may apply to a magistrate for the issue of a search warrant if the
inspector believes on reasonable grounds--
- (a)
that there are on any premises interactive gaming equipment or records--
- (i)
in relation to which an offence has been, is being, or is likely to be,
committed; or
- (ii)
that those articles may be evidence of an offence; or
(b)
that there is or has been a contravention of this Act or the regulations on any
premises other than the premises of a licensed provider.
(2)
A magistrate to whom such an application is made, if satisfied by evidence on
oath or by affidavit that there are reasonable grounds for doing so, may issue
in accordance with the Magistrates' Court Act 1989 a search warrant in
the prescribed form authorising an inspector or member of the police force
named in the warrant and any assistants to enter the premises, or part of
premises, specified in the warrant, for the purpose of searching for and
seizing interactive gaming equipment or records referred to in sub-section (1).
- (3)
A search warrant issued under this section ceases to have effect at the
expiration of one month after its issue.
61. Offences relating to obstruction etc. of inspectors
- (1)
A person must not--
- (a)
assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector
when the inspector is exercising or attempting to exercise his or her functions
under this Act; or
- (b)
fail to produce for inspection any interactive gaming equipment or records in
the possession or under the control of the person when required so to do by an
inspector in the exercise of his or her functions under this Act; or
- (c)
fail without reasonable excuse to attend before an inspector and answer
questions or supply information when required so to do by the inspector in the
exercise of his or her functions under this Act; or
- (d)
except with the permission of an inspector, take any interactive gaming
equipment or records seized, impounded or retained under the authority of this
Act; or
- (e)
when directed by an inspector, in the exercise of his or her functions under
this Act, to cease to have available for use any interactive gaming equipment
considered by the inspector to be unsatisfactory for use, fail to comply with
the direction; or
- (f)
prevent, directly or indirectly, a person from attending before an inspector,
producing to an inspector any interactive gaming equipment or records or
answering any question of, or supplying any information to an inspector when
that person is required to do so under this Act.
Penalty: 60
penalty units.
- (2)
If an inspector requires a person at the premises of a licensed provider to
state his or her full name and residential address the person must not--
- (a)
fail to comply with the requirement; or
- (b)
in purported compliance with the requirement, state a name or address that is
false.
Penalty: 60 penalty units.
- (3)
An inspector is not authorised to require a person at premises referred to in
sub-section (2) to state his or her full name or residential address unless the
inspector--
- (a)
suspects on reasonable grounds that the person has committed an offence; and
- (b)
has informed the person, at the time of stating the requirement, that it is an
offence to fail to comply with the requirement.
62. Evidence
- (1)
In proceedings under this Act, an assertion--
- (a)
that, at a specified time or during a specified period, a specified person was
the Minister administering this or any other Act;
- (b)
that, at a specified time or during a specified period, a specified person
held, or is acting in, a specified office;
- (c)
that a signature purporting to be the signature of a Minister, a member of the
Authority, an inspector or a member of the police force is the signature it
purports to be.
- (d)
that, at a specified time or during a specified period, a specified person was,
or was not, the holder of a specified licence under this Act; or
- (e)
that, at a specified time, a person attained a specified age or that, at a
specified time or during a specified period, a specified person was under or
over a specified age--
is evidence of the fact or facts
asserted.
- (2)
In proceedings under this Act--
- (a)
a document purporting to be a copy of a direction, notice, order, requirement
or decision given or made under this Act is evidence of a direction, notice,
order, requirement or decision of which it purports to be a copy;
- (b)
a document purporting to be a copy of a licence under this Act is evidence of a
licence of which it purports to be a copy; and
- (c)
evidence that a person accepted service of a document is evidence of the
authority of the person to accept service of the document.
63. Offences by corporation
- (1)
If a corporation contravenes any provision of this Act, each person who is a
director of the corporation or who is concerned in the management of the
corporation is to be taken to have contravened the same provision if the person
knowingly authorised or permitted the contravention.
- (2)
A person may be proceeded against and convicted under a provision in accordance
with sub-section (1) whether or not the corporation has been proceeded against
or convicted under that provision.
- (3)
Nothing in this section affects any liability imposed on a corporation for an
offence committed by the corporation against this Act.
64. Proceedings
- (1)
A proceeding for an offence against this Act (or the regulations) may only be
brought by--
- (a)
a member of the police force; or
- (b)
a person authorised to do so, either generally or in a particular case, by the
Authority.
(2)
In a proceeding for an offence against this Act it must be presumed, in the
absence of evidence to the contrary, that the person bringing the proceeding
was authorised to bring it.
65. Information gathering for law enforcement purposes
- (1)
For the purpose of obtaining information that may be of assistance to a law
enforcement agency, the Authority may direct a licensed provider in writing to
provide the Authority with information obtained by the licensed provider
concerning their operations.
- (2)
A direction under sub-section (1) may relate to particular information or to
information generally and may relate to particular or general information
concerning a specified person.
- (3)
The direction must specify--
- (a)
the kind of information that the licensed provider is required to provide; and
- (b)
the manner in which and time within which the information is to be
provided.
(4)
It is a condition of a licensed provider's licence that the provider must
comply with such a direction.
- (5)
The Authority may make information obtained by the Authority under this section
available to any law enforcement agency.
- (6)
In this section--
"law enforcement agency" means--
- (a)
the police force of this or any other State or of a Territory; or
- (b)
the Australian Federal Police; or
- (c)
the National Crime Authority; or
- (d)
the New South Wales Crime Commission; or
- (e)
any other authority or person responsible for the enforcement of the laws of
the Commonwealth or of this or any other State or of a Territory.
66. Authority may hold inquiries
- (1)
For the purpose of the exercise of its functions under this Act, the Authority
may hold inquiries in public or in private, being inquiries presided over by
one or more members of the Authority.
- (2)
For the purposes of holding an inquiry, the Authority shall be deemed to be a
board appointed by the Governor in Council and Division 5 of Part I
(including section 21A) of the Evidence Act 1958 applies accordingly.
67. Representation
A person may appear at an inquiry personally or by a duly qualified legal
practitioner.
_______________
PART 7--APPEALS
68. Review by Victorian Civil and Administrative Tribunal
- (1)
A person whose interests are affected by a decision of the Authority under this
Act, other than a non-reviewable decision, may apply to the Victorian Civil and
Administrative Tribunal for review of the decision.
- (2)
An application for review must be made within 28 days after the later
of--
- (a)
the day on which the decision is made;
- (b)
if, under the Victorian Civil and Administrative Tribunal Act 1998, the
person requests a statement of reasons for the decision, the day on which the
statement of reasons is given to the person or the person is informed under
section 46(5) of that Act that a statement of reasons will not be given.
(3)
In this section--
"non-reviewable decision" means a decision to
approve, or refuse to approve, an interactive game or the rules of an
interactive game or a decision about probity or a decision under Part 4.
_______________
PART 8--MISCELLANEOUS
69. Secrecy
- (1)
Subject to sub-section (3), a person must not directly or indirectly, except in
the performance of duties or exercise of powers under this Act, make a record
of, or divulge to any person, any information with respect to the affairs of
another person acquired by the first-mentioned person in the performance of
those duties or exercise of those powers.
Penalty: 50 penalty units.
- (2)
Subject to sub-section (5), a person is not, except for the purposes of this
Act, required--
- (a)
to produce in a court a document that has come into his or her possession or
under this or her control; or
- (b)
to divulge to a court any information that has come to his or her
notice--
in the performance of duties or exercise of powers under
this Act.
- (3)
A person may--
- (a)
divulge specified information to such persons as the Minister directs if the
Minister certifies that it is necessary in the public interest that the
information should be so divulged; or
- (b)
divulge information to a prescribed authority or prescribed person; or
- (c)
divulge information to a person who is expressly or impliedly authorised by the
person to whom the information relates to obtain it.
- (4)
An authority or person to whom information is divulged under sub-section (3),
and a person or employee under the control of that authority or person, is
subject, in respect of that information, to the same rights, privileges,
obligations and liabilities under this section as if that authority, person or
employee were a person performing duties under this Act and had acquired the
information in the performance of those duties.
- (5)
Nothing in this section or any other Act applies to prohibit or restrict--
- (a)
the giving of statistical information with respect to gambling in Victoria; or
- (b)
the giving of the names of all licensed providers--
to the
Authority or the Minister or the publication of any such information.
- (6)
If--
- (a)
the Minister certifies that it is necessary in the public interest that
specified information should be divulged to a court; or
- (b)
a person to whom information relates has expressly authorised it to be divulged
to a court--
a person may be required--
- (c)
to produce in the court any document containing the information; or
- (d)
to divulge the information to the court.
- (7)
In this section--
"court" includes any tribunal, authority or
person having power to require the production of documents or the answering of
questions;
"produce" includes permit access to.
70. Destruction of finger prints and palm prints
- (1)
Any finger prints or palm prints obtained by the Authority under this Act and
any copies of them must be destroyed by the Authority as soon as the Authority
has no further use for them.
- (2)
The Authority is to be considered to have no further use for them if--
- (a)
they were obtained in connection with an application for a licence and the
application is refused; or
- (b)
the licence in connection with which they were obtained is cancelled,
surrendered or no longer in force.
71. Delegation
- (1)
The Authority may, by instrument under its official seal, delegate to one or
more members of the Authority or to the Director of Gaming and Betting
appointed under the Gaming and Betting Act 1994 any function of the
Authority under this Act other than this power of delegation or a function or
power under section 16, 21, 25, 27 or 35.
- (2)
The Authority must publish in its annual report all delegations under
sub-section (1) during the previous year.
72. RegulationsThe Governor in Council may make regulations for or
with respect to any matter or thing required or permitted by this Act to be
prescribed or necessary to be prescribed to give effect to this Act.
_______________
PART 9--CONSEQUENTIAL AMENDMENTS
73. Gaming and Betting Act 1994
- (1)
After section 64(3)(d) of the Gaming and Betting Act 1994
insert--
-
"or
- (e)
that is an interactive game within the meaning of the Interactive Gaming
(Player Protection) Act 1999.".
- (2)
In section 104(1) of the Gaming and Betting Act 1994, after "1993"
insert ", Interactive Gaming (Player Protection) Act 1999".
74. New section 225A inserted
After section 225 of the Gaming and Betting Act 1994 insert--
- "225A.
Inspectors
-
A person who is an inspector under section 104 immediately before the
commencement of section 73 of the Interactive Gaming (Player Protection) Act
1999 is deemed to have been appointed as an inspector for the purposes of
that Act.".
75. Casino Control Act 1991
In section 3(1) of the Casino Control Act 1991--
- (a)
in the definition of "gaming equipment", after paragraph (d)
insert--
"--
but does not include interactive gaming equipment within the meaning of the
Interactive Gaming (Player Protection) Act 1999 that is used or intended
to be used for the purposes of interactive games within the meaning of that Act
and not for gaming of any other kind";
- (b)
in the definition of "gaming machine", after "sub-section (3)" insert
"but does not include interactive gaming equipment within the meaning of the
Interactive Gaming (Player Protection) Act 1999 that is used or intended
to be used for the purposes of interactive games within the meaning of that Act
and not for gaming of any other kind.".
76. Gaming Machine Control Act 1991In section 3(1) of the
Gaming
Machine Control Act 1991, in the definition of "gaming machine", after
"Act 1997" insert "or interactive gaming equipment within the
meaning of the
Interactive Gaming (Player Protection) Act 1999 that is
used or intended to be used for the purposes of interactive games within the
meaning of that Act and not for gaming of any other kind".
77. Gaming No. 2 Act 1997
In section 3 of the Gaming No. 2 Act 1997--
- (a)
in the definition of "gaming", after "play at games" insert "but does
not include playing an interactive game within the meaning of the
Interactive Gaming (Player Protection) Act 1999";
- (b)
in the definition of "lucky envelope vending machine" after "Act 1991"
insert "or interactive gaming equipment within the meaning of the
Interactive Gaming (Player Protection) Act 1999 that is used or intended
to be used for the purposes of interactive games within the meaning of that Act
and not for gaming of any other kind".
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
NOTES
By Authority. Government Printer for the State of Victoria.