Victorian Commission for Gambling and Liquor Regulation Bill 2011

Amended Print

EXPLANATORY MEMORANDUM

General

The Victorian Commission for Gambling and Liquor Regulation Bill 2011 ("the Bill") establishes the Victorian Commission for Gambling and Liquor Regulation ("the Commission") and makes amendments to the Liquor Control Reform Act 1998, the Gambling Regulation Act 2003 and consequential amendments to other Acts, to provide for the establishment of the Commission. The Bill also provides for the abolition of the Director of Liquor Licensing ("DLL") and the Victorian Commission for Gambling Regulation ("VCGR") upon establishment of the Commission.

The Bill will deliver on the Government's commitment to create an integrated regulator for gambling and liquor in Victoria, responsible for regulatory, investigative and disciplinary functions under gambling and liquor legislation.

Clause Notes

PART 1—PRELIMINARY

This Part of the Bill sets out the purposes of the Bill, the commencement of the Bill, the definitions used in the Bill, the use of words or expressions in the Bill and the provision and application of statements of policy principles by the Minister.

Clause 1 sets out the purposes of the Bill.

Clause 2 provides for the commencement of the Bill.

Subclause (1) provides that the Bill will come into operation on a day or days to be proclaimed.

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Subclause (2) provides that if the Bill does not come into operation before 31 December 2012, it comes into operation on that day.

Clause 3 Subclause (1) provides for the definitions of key words or terms within the Bill including—

bookmaker is defined as having the same meaning as it has in section 1.3 of the Gambling Regulation Act 2003.

Chairperson is defined to mean Chairperson of the Commission appointed under section 10 of the Bill.

Commission is defined as the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Bill.

commissioner is defined as a member of the Commission appointed under Part 2 of the Bill.

community interest inquiry is defined as an inquiry to which Subdivision 2 of Division 2 of Part 3 of the Bill applies.

Deputy Chairperson is defined as a Deputy Chairperson of the Commission appointed under section 14 of the Bill.

gambling and liquor inspector is defined as an inspector appointed under section 40 of the Bill.

gambling authorisation is defined as—

a licence, permit, approval, authorisation or registration granted under the Gambling Regulation Act 2003 or the Casino Control Act 1991; or

a gaming machine entitlement allocated under the Gambling Regulation Act 2003; or

an authority conferred by a listing on the Roll.

gambling legislation is defined as—

the Gambling Regulation Act 2003;

the Casino Control Act 1991;

the Casino (Management Agreement) Act 1993;

regulations made under an Act referred to above.

inquiry is defined as an inquiry conducted under Division 2 of Part 3 of the Bill.

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liquor authorisation is defined as a licence or BYO permit under the Liquor Control Reform Act 1998.

liquor legislation is defined to mean the Liquor Control Reform Act 1998 or regulations made under that Act.

regulated person is defined as the holder of a gambling authorisation or an associate, an operator or nominee under a gambling authorisation or an associate, an entitlement holder connected person, the holder of a liquor authorisation, a responsible person within the meaning of section 3(1) of the Liquor Control Reform Act 1998, a member of the committee of management of the holder of a liquor authorisation (if it is a club), a nominee of the holder of a liquor authorisation (if it is a club), a person who, directly or indirectly, is concerned in or takes part in the management of licensed premises, an applicant for a liquor authorisation and a person who carries on a business specified under sections 6A to 6D of the Liquor Control Reform Act 1998.

restricted person is defined as a commissioner, a gambling and liquor inspector or a person appointed by the Commission as an authorised person under section 1.3(3) of the Gambling Regulation Act 2003.

Clause 4 provides that words and expressions used in a gambling Act or liquor Act and in the Bill have the same respective meanings in the Bill as they have in those Acts unless the context or subject matter otherwise indicates.

Clause 5 Subclause (1) provides that the Minister may issue decision-making guidelines in respect of the regulation of gambling or liquor.

Subclause (2) provides that any decision-making guidelines issued by the Minister under this section must be published in the Government Gazette.

This provision allows the Minister to provide general guidance to the Commission in relation to how the Minister would like the Commission to exercise its decision-making powers, duties and functions. It gives the Minister no power to direct the Commission on the determination it should make in any individual matter. The Minister may vary or revoke decision-making guidelines. Clause 50 of the Bill provides that certain

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Gazetted statements are taken to be decision-making guidelines issued under this provision.

PART 2—THE VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION

This Part of the Bill establishes the Victorian Commission for Gambling and Liquor Regulation, provides for the Commission's functions and powers, provides for membership of the Commission including the roles of Chairperson and Deputy Chairpersons and describes how the Commission may perform its functions at meetings and inquiries of the Commission.

Division 1—Establishment, powers and functions

Clause 6 establishes the Victorian Commission for Gambling and Liquor Regulation.

Subsection (2) provides that the Commission will be a body corporate, with perpetual succession, has an official seal, may acquire, hold and dispose of real and personal property and may do and suffer all acts and things that a body corporate may by law do or suffer.

Clause 7 Subsection (1) provides that the Commission's official seal must be kept in such custody as the Commission directs and not be used except as authorised by the Commission.

Subsection (2) provides that all Courts must take judicial notice of the official seal.

Clause 8 provides that the Commission represents the Crown.

Clause 9 provides for the functions of the Commission.

Subclause (1) provides that the Commission has the functions of—

performing the regulatory, investigative and disciplinary functions conferred on the Commission by or under the Bill, the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Casino Control Act 1991, the Racing Act 1958 or any other Act;

undertaking licensing, approval, authorisation and registration activities under gambling legislation and liquor legislation;

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promoting and monitoring compliance under gambling legislation and liquor legislation;

detecting and responding to contraventions of gambling legislation and liquor legislation;

advising the Minister in relation to its functions under gambling legislation, liquor legislation and the Racing Act 1958;

advising the Minister in relation to the operation of gambling and liquor legislation;

ensuring Government policy in relation to liquor and gambling is implemented;

informing and educating the public about the Commission's regulatory practices and requirements.

Subclause (2) provides that the Commission also has the function of informing itself as it sees fit of its functions and the operation of gaming and liquor legislation and the Racing Act 1958.

Subclause (3) requires that the Commission have regard to the objects of the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Casino Control Act 1991 and the Casino (Management Agreement) Act 1993, the Racing Act 1958 or any other Act that confers functions on the Commission when performing its functions, duties or exercising its powers under any of those Acts.

Subclause (4) requires the Commission to have regard to any decision-making guidelines issued by the Minister under clause 5.

Clause 10 provides for the powers of the Commission. The Commission has the power to do all things necessary or convenient to be done for in connection with the performance of its duties under the Bill, gaming legislation, liquor legislation, or any other Act, including regulations made under those Acts. This includes engaging consultants, contractors or agents.

Division 2—Membership of the Commission

Clause 11 provides for the constitution of the Commission.

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Subclause (1) provides that the Commission consists of a commissioner who is appointed as a Chairperson, one or more Commissioners who are appointed as Deputy Chairpersons and as many additional Commission as the Minister considers necessary to enable the Commission to perform its functions.

Subclause (2) provides that Commissioners will be appointed by the Governor in Council on the recommendation of the Minister.

Subclause (3) provides that the Public Administration Act 2003 (other than Part 3 of that Act) applies to a commissioner in respect of the office of commissioner.

Clause 12 provides for the qualifications and eligibility criteria for appointment to the role of a commissioner.

Subclause (2) provides that if a person has been employed or significantly associated with a key operative, a bookmaker or a commercial raffle organiser or subject to a disqualification order or determination under the Liquor Control Reform Act 1998 in the previous 2 years, they are not eligible for appointment as a commissioner.

Clause 13 provides that the Governor in Council, on the recommendation of the Minister, may appoint a qualified person to the role of Chairperson.

Under subclause (2), a Chairperson may be appointed on a full-time or part-time basis on terms and conditions determined by the Governor in Council.

Clause 14 provides that the Governor in Council may appoint one or more qualified persons to the role of Deputy Chairperson.

Under subclause (2), a Deputy Chairperson may be appointed on a full-time or part-time basis on terms and conditions determined by the Governor in Council.

Clause 15 provides that the Governor in Council may appoint qualified persons to the role of commissioner, on the terms and conditions determined by the Governor in Council.

Under subclause (2), a commissioner may be appointed on a full-time or part-time basis on terms and conditions determined by the Governor in Council.

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Clause 16 provides that a commissioner holds office for a period not exceeding 5 years, specified in his or her instrument of appointment and is eligible for re-appointment for a further term or terms. This provision means that a person may be re-appointed as a commissioner for more than two terms.

Clause 17 provides that a commissioner is entitled to the remuneration specified in his or her instrument of appointment.

Clause 18 provides for acting appointments to the office of commissioner.

Subclause (1) provides that the Minister may appoint a person to act in the office of commissioner for a period not exceeding 6 months—

if a commissioner is absent or, for any other reason, is unable to perform the duties of office; or

during a vacancy in the office of commissioner; or

if the Minister considers that an appointment under this section is necessary to assist the Commission in the performance of its functions.

Subclause (3) provides that an acting commissioner is eligible for re-appointment.

Subclause (3) provides that the Minister may—

determine the terms and conditions of appointment of an acting commissioner; and

terminate the appointment at any time.

Subclause (4) provides that while acting in a commissioner's place, the acting commissioner—

has and may perform all the functions of the commissioner; and

is entitled to be paid the remuneration to which the commissioner would have been entitled.

Subclause (5) provides that the Minister may appoint a commissioner to act in the office of Chairperson if the Chairperson is absent or, for any other reason, is unable to perform the duties of office.

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Subclause (6) provides that while acting in the Chairperson's place, the acting Chairperson—

has and may perform all the functions of the Chairperson; and

is entitled to be paid the remuneration to which the Chairperson would have been entitled.

Subclause (7) provides that a person appointed under this section may resign from that acting appointment by notice in writing delivered to the Minister.

Clause 19 provides for resignation by and removal from office of a commissioner.

Subclause (1) specifies when a commissioner's office becomes vacant—

if a commissioner becomes bankrupt; or

if a commissioner is convicted in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or

if a commissioner is removed from office under subclause (2); or

if a commissioner resigns by notice in writing delivered to the Governor in Council.

Subclause (2) provides that a commissioner may be removed from office by the Governor in Council on the recommendation of the Minister if the commissioner has refused, neglected, or failed to carry out the functions or duties of office or engaged in misconduct in carrying out the functions, powers or duties of office.

If a commissioner is removed from office under subclause (2), pursuant to subclause (3) the Minister must cause to be laid before each House of the Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal.

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Clause 20 provides that a decision of the Commission is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of a commissioner.

Clause 21 provides that commissioners are required to disclose certain interests.

Subclause (1) requires commissioners to disclose to the Chairperson, the nature of an interest they have in a matter being considered, or about to be considered, by the Commission, as soon as practicable after the relevant facts come to his or her knowledge.

Subclause (2) requires the Chairperson to disclose to the Minister, the nature of an interest he or she has in a matter being considered, or about to be considered, by the Commission, as soon as practicable after the relevant facts come to his or her knowledge.

Subclause (3) requires the Commission to make guidelines that specify the types of interests a commissioner must disclose under clause 21 and subclause (4) requires the guidelines to be published on the Commission's Internet site.

Clause 22 provides for protection from liability for commissioners, a delegate of the Commission or a delegate of a commissioner

Subclause (1) provides that a commissioner, or a delegate of the Commission, or a delegate of a commissioner is not personally liable for anything done or omitted to be done in good faith—

in the exercise of a power or the performance of a function under—

the Bill;

gambling legislation; or

liquor legislation;

in the reasonable belief that the act or omission was in the exercise of or the performance of a function under—

the Bill;

gambling legislation; or

liquor legislation.

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Subclause (2) provides that any liability resulting from an act or omission that, but for subclause (1), would attach to a commissioner or delegate attaches instead to the Commission.

Clause 23 provides for commissioners to be provided with identity cards.

Division 3—Performance and exercise of the Commission's functions, duties and powers

Clause 24 provides for basic requirements in performance of the Commission's functions.

Subclause (1) imposes a general requirement that the Commission must endeavour to perform its functions without undue formality, and as expeditiously as practicable, as the requirements of the Bill or any other Act and the proper consideration of the subject-matter permit

Subclause (2) provides that without limiting subclause (1), the Commission is required to inform applicants to a matter (and any other party to that matter) before the Commission of its decision in that matter as soon as practicable after making it. Subclause (3) defines an applicant as a person who has applied for a gambling authorisation or a liquor authorisation.

Clause 25 provides for how the Commission's functions, duties and powers may be performed.

Subclause (1) requires, that where the Commission is performing a function, it is to be performed by the Commission at a meeting, or an inquiry, in accordance with Division 3 of Part 2 of the Bill and Division 2 of Part 3 of the Bill.

Subclause (2) provides that a function of the Commission that an Act or subordinate instrument provides may be performed by any commissioner may also be performed by the Commission at a meeting convened or inquiry held in accordance with Division 3 of Part 2 of the Bill and Division 2 of Part 3 of the Bill.

Subclause (3)(a) provides that unless the Commission is exercising a power under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 it is not bound by the rules of evidence when performing a function or duty. Subclause (3)(b) provides that whenever the Commission is performing a function or duty, the Commission is bound by the rules of natural justice.

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Clause 26 provides for general provisions relating to meetings and inquiries of the Commission.

Subclause (1) provides that the Chairperson must convene as many meetings of the Commission as he or she considers necessary for the efficient conduct of its affairs and the Chairperson may arrange for the Commission to conduct an inquiry.

Subclause (2) provides that a meeting convened, or inquiry held, in accordance with this Division, may be conducted at a place determined by the Chairperson.

Subclause (3) provides that the Chairperson, or in his or her absence, a Deputy Chairperson, is to preside at a meeting or inquiry of the Commission.

Subclause (4) provides that subject to the Bill, gambling legislation or liquor legislation, the Commission may regulate its own procedure.

Clause 27 provides for meetings of the Commission.

Subclause (1) provides that a meeting convened in accordance with Division 3 of Part 2 of the Bill may be conducted by telephone, closed circuit television or other means of communication that does not require the physical presence of each commissioner in the same room. This provision will enable the Commission to conduct its meetings by web conferencing or equivalent methods.

Subclause (2) provides that the quorum for a meeting of the Commission is 3 commissioners, at least one of whom must be the Chairperson or Deputy Chairperson.

Subclause (3) provides that a matter arising at a meeting is determined by a majority of votes of the commissioners present and voting on the question and the person presiding has a deliberative vote and, if voting is equal, a second or casting vote.

Clause 28 provides whether Commission meetings and inquiries are open to the public.

Subclause (1) gives the Commission the discretion, subject to the clause in its entirety, to determine whether a meeting or inquiry should be held in public or private.

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Subclause (2) provides that specified inquiries of the Commission are to be held in public, unless special circumstances exist which require that the inquiry or part of it should be held or conducted in private. The specified inquires are—

liquor licence applications if an objection, on the grounds of either amenity or the misuse and abuse of alcohol under section 38, 40 or 41(1)(b) of the Liquor Control Reform Act 1998, is lodged in accordance with the requirements of that Act;

a late hour entry declaration for an area or locality under section 58B of the Liquor Control Reform Act 1998;

a disciplinary action inquiry under section 91 (as substituted by the Bill) of the Liquor Control Reform Act 1998;

an inquiry into amenity or disuse under section 94 (as substituted by the Bill) of the Liquor Control Reform Act 1998;

an application for approval of premises for gaming under Part 3 of Chapter 3 of the Gambling Regulation Act 2003;

an application for a venue operator's licence under Division 2 of Part 4 of Chapter 3 of the Gambling Regulation Act 2003;

a proposed amendment to a venue operator's licence to—

vary the days or dates on which 24 hour gaming is permitted;

add a new condition to specify days or dates on which 24 hour gaming is permitted;

increase the number of gaming machines permitted in an approved venue so that the approved venue will have more than 10% more than the number of gaming machines permitted in the venue at the time of the proposed amendment;

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increase the number of gaming machines permitted in an approved venue within 2 years after the Commission has approved an increase of not more than 10% in the number of gaming machines permitted in the venue;

vary the approved self-exclusion program;

vary the approved Responsible Gambling Code of Conduct;

approval of gaming machine types and games under section 3.5.4 of the Gambling Regulation Act 2003;

variation of gaming machine types and games under section 3.5.5 of the Gambling Regulation Act 2003;

withdrawal of gaming machine types and games under section 3.5.6 of the Gambling Regulation Act 2003;

approval to install a linked jackpot arrangement referred to in section 3.5.7 of the Gambling Regulation Act 2003;

the making of rules under section 3.5.23 of the Gambling Regulation Act 2003;

any matters in relation to an application under Chapter 4 of the Gambling Regulation Act 2003 (other than an application under Part 3 of that Chapter of that Act);

any matters in relation to an application under Chapter 6A of the Gambling Regulation Act 2003 (other than an application under Part 3 of that Chapter of that Act);

any of the following under the Casino Control Act 1991—

the granting of a casino licence under section 13 of that Act;

the amendment of the conditions of a casino licence under section 16 of that Act;

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the definition or redefinition of boundaries of a casino under section 17 of that Act;

the giving or varying of a direction about the days and times of operation of a casino under section 65 of that Act.

Subclause (3) provides that the Commission may, direct that an inquiry or part of it be conducted in private if the Commission considers special circumstance exist either because it is necessary to prevent the unreasonable divulgence of information relating to the personal affairs of a person (including a deceased person) or it is otherwise in the interests of justice or the public interest.

Subclause (4) provides that the Commission must publish notice of any inquiry being held in public on the Commission's Internet site.

Division 4—Staffing and Delegation

Clause 29 provides for staffing of the Commission.

Subclause (1) provides that any employees that are necessary for the purposes of performing the functions of the Commission under the Bill, gambling legislation, liquor legislation or any other Act may be employed under Part 3 of the Public Administration Act 2004.

Subclause (2) provides that the Commission may enter agreements or arrangements for the use of the services of any staff of a government department, statutory authority or other public body.

Subclause (3) provides that the Commission may, by instrument, nominate a person by name to assist or advise the Commission in the performance of functions under the Bill, gambling legislation, liquor legislation or any other Act. Subclause (4) provides that a nomination under subclause (3) must specify the functions in relation to which the nominated person is to assist or advise the Commission. Subclause (5) provides that a nomination under subclause (3) remains in force for the period determined by the Commission and may be extended from time to time by the Commission.

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Clause 30 provides for delegation of the Commission's powers to commissioners, staff of the Commission and persons employed under Part 3 of the Public Administration Act 2004.

This clause provides the Commission may, by instrument, delegate any power, duty or function of the Commission under any Act or subordinate instrument to a commissioner (subclause (1)) or a member of staff or person employed under Part 3 of the Public Administration Act 2004 (subclause (2)) other than those powers, duties or functions listed in subclause (3).

Subclause (3) lists those functions, duties and powers of the Commission which cannot be delegated to a commissioner, staff of the Commission or a person employed under Part 3 of the Public Administration Act 2004. These are—

a function under section 10.1.32(3) of the Gambling Regulation Act 2003;

a late hour entry declaration for an area or locality under section 58B of the Liquor Control Reform Act 1998;

functions under Divisions 1 and 2 of Part 6 (as substituted by the Bill) of the Liquor Control Reform Act 1998 (other than the giving of a specified notice—this is defined in subclause 5);

internal reviews under Div 2 of Part 9 (as substituted by the Bill) of the Liquor Control Reform Act 1998 (other than the giving of a notice under section 154);

Subclause (4) provides that a single Commissioner, may by instrument, delegate to an employee or member of staff referred in section 29 any function that may be performed by a commissioner under—

section 3.3.16 of the Gambling Regulation Act 2003;

section 4.5A.5 of the Gambling Regulation Act 2003;

sections 5.7.4 and 5.7.5 of the Gambling Regulation Act 2003;

section 5.7.9 of the Gambling Regulation Act 2003;

section 8.3.3 of the Gambling Regulation Act 2003;

section 8.3.13 of the Gambling Regulation Act 2003;

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section 8.5A.3 of the Gambling Regulation Act 2003;

sections 9A.1.5 and 9A.1.6 of the Gambling Regulation Act 2003;

sections 44, 45 and 45A of the Casino Control Act 1991.

Subclause (5) prescribes the functions relating to the giving of a specified notice under Divisions 1 and 2 of Part 6 of the Liquor Control Reform Act 1998 which are delegable functions.

Clause 31 provides for conflict of interest and duty provisions relating to restricted persons and commissioners.

Subclause (1) provides for a concurrent employment restriction for restricted persons whereby a restricted person cannot be an employee of a key operative, a bookmaker or a commercial raffle organiser. Failure to comply with this provision is an offence. The maximum penalty is 60 penalty units.

Subclause (2) provides for a post-appointment restriction for commissioners whereby a person who ceases to be a commissioner must not at any time during the next two years be employed or significantly associated with a key operative, a bookmaker or a commercial raffle organiser. Failure to comply with this provision is an offence. The maximum penalty is 60 penalty units.

Subclause (3) provides for a post-appointment restriction for restricted persons. Unless the Commission otherwise approves, a person who ceases to be a restricted person must not at any time during the next two years be employed or significantly associated with a key operative, a bookmaker or a commercial raffle organiser. Failure to comply with this provision is an offence. The maximum penalty is 60 penalty units.

Subclause (4) provides that a key operative, a bookmaker or a commercial raffle organiser must not employ or be significantly associated with, a person prohibited by subclause (2) or (3) or by clause 44 from being so employed or associated. Failure to comply with this provision is an offence. The maximum penalty is 60 penalty units.

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PART 3—INVESTIGATIONS AND INQUIRIES OF THE COMMISSION

This Part of the Bill provides the Commission with a general power of investigation, the power to conduct inquiries generally either in public or private and the power to conduct community interest inquiries.

Division 1—Investigations

Clause 32 provides the Commission with a general power of investigation.

Subclause (1) provides that for the purposes of carrying out its functions, powers or duties under the Bill, gambling legislation or liquor legislation, the Commission may carry out investigations.

Subclause (2) provides that an investigation by the Commission under Division 1 of Part 3 of the Bill may include (but is not limited to) an investigation of any or all of the following—

a person who, in the opinion of the Commission, is a regulated person. The term regulated person is defined in clause 3 of the Bill.

the conduct and practices of a regulated person.

any contravention or suspected contravention of a provision under Part 2A of Chapter 3 of the Gambling Regulation Act 2003.

a person who, in the opinion of the Commission, could affect the exercise of functions in or in relation to the conduct of the operations of a regulated person under—

a gambling authorisation; or

a liquor authorisation;

a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a regulated person, in relation to functions in or in relation to the conduct of operations under—

a gambling authorisation; or

a liquor authorisation; or

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matters relevant to the functions, powers or duties of the Commission or the operation of gambling legislation or liquor legislation.

Division 2—Inquiries

Subdivision 1—Inquiries generally

Clause 33 provides the Commission with the power to conduct an inquiry for the purposes of the performance of its functions or duties or the exercise of its powers under the Bill, gambling legislation or liquor legislation. Inquiries may be presided over by one or more Commissioners. Some provisions of the Liquor Control Reform Act 1998 will stipulate that certain inquiries (such as inquiries under Divisions 1 and 2 of Part 6 of that Act and inquiries under Division 1 of Part 9 of that Act) must be conducted by a defined number of commissioners.

Subclause (3) provides that for the purposes of holding an inquiry to perform functions under section 9(1)(a), (b), (c) or (d), the Commission is taken to be a board appointed by the Governor in Council and Division 5 of Part I (including section 21A) of the Evidence (Miscellaneous Provisions) Act 1958 applies accordingly. This means that the Commission may elect to use a power under Division 5 of Part 1 of the Evidence (Miscellaneous Provisions) Act 1958, although it may not do so in conducting all inquiries.

Clause 34 provides for the conduct of inquiries generally by the Commission. The Commission may subject to the Bill, gambling legislation and liquor legislation regulate its own procedure. There are a number of other provisions which relevantly prescribe how functions, powers and duties of the Commission are to be performed. This means that taken together the Commission, subject to these requirements, may conduct an inquiry in any manner the Commission considers appropriate. Other relevant clauses include clauses 24, 25 (in particular subclause (3)), 28, 56, 57 and 62. These provisions provide, inter alia, that—

the Commission must endeavour to perform its functions without undue formality and as expeditiously as practicable, as the requirements of this Act and the proper consideration of matter permits;

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that unless the Commission is exercising a power under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 it is not bound by the rules of evidence when performing a function or duty;

the Commission is bound by the rules of natural justice.

Clause 35 provides for the Commission to decide to conduct a community interest inquiry having regarding to the subject matter of the proposed inquiry and the functions, powers and duties it will perform or exercise for the purposes of the inquiry. The Minister may also direct the Commission to conduct a community interest inquiry under subclause (3).

Subdivision 2—Community interest inquiries

Clause 36 provides that this subdivision applies to an inquiry that the Commission has decided is a community interest inquiry under clause 35 or that the Minister has directed be conducted under that clause.

Clause 37 provides for the procedure of community interest inquiries.

Subclause (1) provides that the Commission must conduct a community interest inquiry in public.

Subclause (2) provides that in conducting a community interest inquiry the Commission may determine the area or locality in the State to which the inquiry relates, call for submissions from interested organisations and members of the public and consult with persons or bodies the Commission considers appropriate and seek submissions from those persons and bodies. It is intended that the Commission be able to determine the most appropriate method of formulating the definition of area or locality.

Subclause (3) provides that if the Commission is conducting a community interest inquiry it must give notice that a public inquiry is being held by the Commission by notice published in the Government Gazette and by notice published on the Internet site of the Commission. Where a public inquiry relates to a particular area or locality the Commission must also publish notice of the inquiry in a newspaper circulating in the area or locality to which the inquiry relates.

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Subclause (4) provides that the Commission must, in a notice required to be published under subclause (2), invite the public to make submissions to the Commission in relation to the inquiry within the time and in the manner specified in those notices. The Commission may for instance specify that submissions can be made in writing or orally in person, by telephone, by web conferencing or by equivalent methods.

Subclause (5) provides that where a submission is received within the time and in the manner specified by the Commission, the Commission must consider the submission before the community interest inquiry is concluded. The Commission is only required to consider submissions which are relevant to the community interest inquiry being conducted.

Clause 38 provides that the Minister may in writing request an interim report of a community interest inquiry and that an interim report so provided may be oral or in writing.

Clause 39 provides that the Commission must give the Minister a final report of a community interest inquiry and that final report of a public inquiry to the Minister must be in writing.

PART 4—GAMBLING AND LIQUOR INSPECTORS

This Part of the Bill provides for the appointment, requirements of appointment, requirements for the performance of functions and general functions of the gambling and liquor inspectors.

Clause 40 provides for the appointment of a person to the role of gambling and liquor inspector.

Subclause (1) enables the Chairperson to appoint a person under Part 3 of the Public Administration Act 2004 as a gambling and liquor inspector for the purposes of the Bill, gambling legislation, liquor legislation or the Racing Act 1958. An appointment of a gambling and liquor inspector must be made by instrument. To make such an appointment, the Chairperson must be of the opinion that the person is—

competent to perform the functions of a gambling and liquor inspector; and

of good reputation, having regard to the person's character, honesty and integrity.

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Subclause (2) provides that unless the Chairperson considers there are special circumstances, the Chairperson cannot appoint a person as a gambling and liquor inspector if that person is, or at any time in the previous 2 years has been employed by, or significantly associated with a key operative, a bookmaker, a commercial raffle organiser or the holder of an on-course wagering permit or has been the subject of a disqualification order or determination under Part 6 of the Liquor Control Reform Act 1998.

Subclause (3) provides that unless the Chairperson considers there are special circumstances, the Chairperson cannot appoint a person as a gambling and liquor inspector if that person is, or at any time in the previous 2 years has been entitled to 2% or more of the voting shares in the holder of a gaming licence and the wagering licence or a former holder.

Clause 41 makes provision for the Commission to require a person under consideration for appointment as a gambling and liquor inspector to undergo criminal record checks.

Subclause (1) enables the Commission to require a prospective gambling and liquor inspector to consent to having his or her photograph, finger prints and palm prints taken. In circumstances where the Commission has required the taking of any photograph or finger prints, the Commission must refer a copy of the photograph, finger prints and palm prints to the Chief Commissioner of Police as well as any supporting documentation to the Chief Commissioner under subclause (2).

Subclause (3) requires the Chief Commissioner of Police to inquire into, and report to the Commission on matters relating to whether a prospective gambling and liquor inspector is of good repute. In doing so, the Chief Commissioner must have regard to the persons' character, honesty and integrity.

Subclause (4) provides for the destruction of any photograph, finger prints, palm prints or other supporting documentation that is received by the Chief Commissioner of Police on referral from the Commission. Photographs, finger prints, palm prints and other supporting documentation received by the Chief Commissioner are to be destroyed within 28 days after they are no longer required for the purposes of the Chief Commissioner's inquiry and report under subclause (2) or no later than six months from the date that they are received by the Chief Commissioner,

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whichever is the earliest of the two events. The Chief Commissioner will be required to notify the person to whom the photograph, finger prints, palm prints or other supporting documentation relates of the destruction as soon as practicable.

Subclause (5) imposes a requirement on the Chairperson to ensure that any photographs, finger prints, palm prints taken under subclause (1) are destroyed on whichever is the earliest of 28 days after they are no longer required in connection with the Chairperson's consideration of the person's appointment as a gambling and liquor inspector or no later than six months from the date they were taken. The Chairperson must also ensure that the person to whom the photograph, finger prints, palm prints or other supporting documentation relates of the destruction are notified as soon as practicable.

Clause 42 provides that the functions of gambling and liquor inspectors are—

any functions conferred on a gambling and liquor inspector under gambling legislation or liquor legislation;

any functions conferred on a gambling and liquor inspector under the Racing Act 1958 and any regulations made under that Act;

any other functions conferred on gambling and liquor inspector under the Bill or regulations made under the Bill.

Subclause (2) provides that a gambling and liquor inspector has all the powers necessary to perform his or her functions as a gambling and liquor inspector.

Subclause (3) provides that a gambling and liquor inspector may—

with the approval of the Commission bring proceedings for offences against the Bill or regulations or gambling legislation or liquor legislation;

appear personally or be represented by an Australian lawyer in any proceedings they have become involved

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with as a consequence of performing their functions as a gambling and liquor inspector.

Clause 43 provides for identity cards for gambling and liquor inspectors.

Subclause (1) establishes a prohibition on a gambling and liquor inspector performing their duties unless he or she possesses an identity card. The card is to be in the form that is approved by the Chairperson but must, under subclause (2) bear the name, a photograph and the signature of the gambling and liquor inspector.

Subclause (3) makes it a requirement that, upon request of any person who is affected by the performance of a gambling and liquor inspector's functions, the gambling and liquor inspector must produce their identity card for the inspection of the affected person. The production of an identity card is not, however, required if the purpose for which the functions of the gambling and liquor inspector are to be exercised would be defeated by that production. This requirement is subject to the Act and any other Act conferring a function on a gambling and liquor inspector.

Clause 44 provides for a post-appointment restriction for former gambling and liquor inspectors. Unless the Commission otherwise approves, a person who ceases to be a gambling and liquor inspector must not at any time during the next two years be employed or significantly associated with a key operative, a bookmaker or a commercial raffle organiser. Failure to comply with this provision is an offence. The maximum penalty is 60 penalty units.

PART 5—GENERAL

Clause 45 provides the Governor in Council with a regulation making power for or in respect to any matter or thing required or permitted by the Bill to be prescribed or necessary to be prescribed to give effect to this Act.

PART 6—SAVINGS AND TRANSITIONAL PROVISIONS

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Clause 46 defines terms used in this Part—

commencement day means the day on which section 3 comes into operation.

new Commission is defined to mean the Victorian Commission for Gambling and Liquor Regulation established under Part 2.

Clause 47 provides that the transitional provisions in Part 6 of the Bill are in addition to the savings and transitional provisions in the Interpretation of Legislation Act 1984.

Clause 48 provides for the transitional provisions which will apply to persons who have prior to commencement been appointed as an inspector under either the Gambling Regulation Act 2003 or the Liquor Control Reform Act 1998.

Subclause (1) provides that at commencement a person who is immediately before commencement day an inspector appointed under section 10.5.1 of the Gambling Regulation Act 2003 or a compliance inspector appointed under section 172A of the Liquor Control Reform Act 1998 is taken to be a gambling and liquor inspector appointed under clause 40 of the Bill. A deemed appointment will be subject to subclause (2).

Subclause (2) provides that if a person who is immediately before commencement day a compliance inspector appointed under section 172A of the Liquor Control Reform Act 1998, does not satisfy the eligibility requirements set out in clause 40(2) and (3) of the VCGLR Act, they must apply to the Chairperson for an exemption from those requirements within 6 months of the commencement day. This obligation will be enlivened if the person at the day of commencement—

is, or at any time in the previous 2 years has been employed by, or significantly associated with a key operative, a bookmaker, a commercial raffle organiser or the holder of an on-course wagering permit; or

within the previous 2 years has been the subject of a disqualification order under Part 6 of the Liquor Control Reform Act 1998; or

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is, or at any time during the previous 2 years has been entitled to 2% or more of the voting shares in the holder of the gaming licence and the wagering licence or a former holder.

If a person does not apply for an exemption under subclause (2) at the end of the 6 months following commencement, they will, under subclause (3), ceases to be an inspector.

Subclause (4) provides that the Chairperson must make a decision whether to grant or refuse the exemption application as soon as practicable. Notification of the Chairperson's decision must be in writing under subclause (5).

Until such time as the person is notified of the Chairperson's decision they will continue to be a gambling and liquor inspector under subclause (6). Under subclause (7) if the Chairperson refuses to grant an exemption, the person cease to be a gambling and liquor inspector, once notified of the Chairperson's decision.

Clause 49 contains the transitional provisions for the arrangements to be applied in respect to finger prints, palm prints and photographs obtained under section 10.5.2 of the Gambling Regulation Act 2003 and finger prints and photographs obtained under section 172B of the Liquor Control Reform Act 1998. Subclause (1) provides that these are taken to be photographs, palm prints and finger prints taken under section 41 of the Act.

Section 41(5) and (6) of the Act imposes timeframes in which the photographs, palm prints and finger prints taken under section 41(1) are to be destroyed. Subclause (2) will give, notwithstanding the timeframes imposed under section 41(5) and (6) six months for the Chairperson to destroy the photographs, palm prints and finger prints.

Clause 50 provides that on the commencement day, nominated statements of policy relating to liquor regulation which are in force immediately before that day are taken to be decision-making guidelines made under section 5 of the Bill specifically—

the Statement of Policy made by the Minister for Consumer Affairs on 25 October 2006 and published in the Government Gazette No. S 294 on 27 October 2006;

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the Statement of Policy made by the Minister for Consumer Affairs on 18 March 2011 and published in the Government Gazette No. S 88 on 18 March 2011;

the Statement of Policy made by the Minister for Consumer Affairs on 4 August 2011 and published in the Government Gazette No. G 31 on 4 August 2011.

PART 7—AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998

Part 7 of the Bill provides for several substantive amendments to the Liquor Control Reform Act 1998 in relation to the determination of contested and uncontested applications, the taking of disciplinary action, conducting reviews into amenity and disuse and internal reviews. The Part also makes a number of repeals to abolish the office of Director of Liquor Licensing, the Panel and removes VCAT's jurisdiction as a consequence of the establishment of the Commission and its role involving the conduct of inquiries and internal review.

Division 1—Substantive amendments

Clause 51 provides for additions and amendments to the current definitions used in section 3(1) the Liquor Control Reform Act 1998.

Subclause (1) inserts new definitions into section 3(1) of the Liquor Control Reform Act 1998 to give effect to the new Commission—

Commission is defined as meaning the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Bill;

commissioner is defined as a member of the Commission appointed under Part 2 of the Bill;

gambling and liquor inspector is defined as a member of the Commission appointed under section 40 of the Bill.

Subclause (2) amends the definition of authorised person, to mean a commissioner, gambling and liquor inspector or a member of the police force.

Subclause (3) amends the definition of approved responsible service of alcohol program in section 3(1) of the Liquor

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Control Reform Act 1998 to substitute the "Commission" for the "Director" (wherever occurring).

Subclause (4) repeals the definitions of compliance inspector, Director and Tribunal in section 3(1) of the Liquor Control Reform Act 1998.

Clause 52 inserts a new section 3AA in the Liquor Control Reform Act 1998 which deems that, for the purposes of the Act, evidence relating to certain factors including violent behaviour, drunkenness and vandalism (whether occurring inside or outside a licensed premises) in itself constitutes evidence of detraction from or detriment to the amenity of the area in which the licensed premises are situated.

As a result of the amendment, for example, under Part 6 of the Liquor Control Reform Act 1998 evidence relating to any of the specified factors in new section 3AA will be enough to constitute evidence of detraction to the amenity of the area in which the licensed premises are situated. However, a nexus between the licensed premises and the reduction in amenity will still need to be established. This will be a question of fact that depends on the particular circumstances of each case. In addition, the Commission will retain the discretion to determine whether the degree or magnitude of any reduction in amenity is sufficient for a determination to be made against the licensee or the licensed premises.

Clause 53 makes amendments to the determination of uncontested liquor licence and BYO permit applications.

Subclause (1) amends section 44(1) and (2) of the Liquor Control Reform Act 1998 to substitute the "Commission" for the "Director" (wherever occurring).

Subclause (2) amends section 44(4) of the Liquor Control Reform Act 1998 to empower the Commission, in respect of an uncontested application, to have regard to any matter the Commission considers to be relevant and to make any enquiries the Commission considers to be appropriate. The Commission is not required to give any person an opportunity to be heard concerning the application.

Clause 54 makes amendments to the provisions dealing with the determination of contested liquor licence and BYO permit

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applications under the Liquor Control Reform Act 1998. Section 3 of the Liquor Control Reform Act 1998 defines what is a contested application.

Subclause (1) amends the heading to section 47 of the Liquor Control Reform Act 1998 to "Determination of contested application".

Subclause (2) amends section 47(1) of the Liquor Control Reform Act 1998 to provide that subject to Division 3 of Part 2 of that Act, the Commission must, after the period for making an objection under Division 5 of Part 2 of the Act has expired, including any extension of time granted for making an objection, grant or refuse a contested application.

Section 47(1) currently requires the Director of Liquor Licensing to grant or refuse to grant a contested application only after giving full consideration to the recommendations of the Liquor Licensing Panel which is required under the existing section 46 of the Liquor Control Reform Act 1998, to consider each contested application and give the applicant and each objector an opportunity to be heard.

Taken together with clause 64 of Bill, the office of the Director of Liquor Licensing and the Liquor Licensing Panel will be repealed, the amended section will therefore empower the Commission to determine a contested application.

Subclause (3) amends section 47(2) of the Liquor Control Reform Act 1998 to substitute the "Commission" for the "Director" (wherever occurring).

Subclause (4) makes substitutes section 47(3) of the Liquor Control Reform Act 1998 and inserts new subclauses (3A) to (3D). Before granting a contested application under section 47(1) of the Liquor Control Reform Act 1998 the Commission may have regard to any matter the Commission considers relevant and may make any inquiries the Commission considers to be appropriate. The Commission will also be required to give the applicant and each objector an opportunity to be heard before granting or refusing to grant a contested application under section 47(1).

New subsection 47(3A) will be inserted into the Liquor Control Reform Act 1998 to provide that if the Commission holds an inquiry for the purposes of determining a contested application,

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the Commission must hold the inquiry in public unless the Commission determines that the inquiry, or part of the inquiry should be held in private. The Commission may conduct inquiry in private for the following reasons—

confidential information will be disclosed at the inquiry;

it is in the public interest to hold the inquiry in private or;

it is in the interests of justice to hold the inquiry in private.

New subsection 47(3A)(b) will provide that the Commission may grant or refuse a contested application without hearing a person who has notice of the inquiry if the person is not present or represented at the time and place appointed for the inquiry. New subsection 47(3A)(c) will provide that evidence of anything said or done at the inquiry is admissible in any review of that decision including reviews conducted under new Division 2 of Part 9 of the Liquor Control Reform Act 1998.

A new subsection 47(3B) will be inserted into the Liquor Control Reform Act 1998 to provide that a person who has a right to be heard by the Commission may appear and be heard in person or may be represented by any other person.

A new subsection 47(3C) will be inserted into the Liquor Control Reform Act 1998 to require the Commission to advise the applicant and each objector of the decision made in respect of the contested application within 28 days after the decision has been made and new subsection 47(3D) will require the Commission to provide a statement of reasons regarding the decision as soon as practicable.

Subclause (5) amends section 47(4), (5) and (6) of the Liquor Control Reform Act 1998, to substitute the "Commission" for the "Director" (wherever occurring).

Clause 55 inserts a new section 66A(4A) in the Liquor Control Reform Act 1998 to enable the Commission to authorise for the purposes of section 66A, any person employed under Part 3 of the Public Administration Act 2004 to collect information in relation to fees.

Clause 56 makes several amendments to Division 1 and Division 2 of Part 6 of the Liquor Control Reform Act 1998 which deals with

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disciplinary action inquiries. The effect of these changes is to give the Victorian Commission for Gambling and Liquor Regulation the authority to conduct inquiries relating to disciplinary action against a licensee or permittee. Subdivision 1 of Division 2 of Part 3 of the Bill also provides for certain procedures of the Commission when conducting inquiries generally.

This clause sets out—

the circumstances in which the Commission must take disciplinary action and the circumstances in which the Commission may take disciplinary action against a licensee or permittee;

the types of disciplinary action that may be taken; and

the procedures governing the taking of disciplinary action by the Commission as provided for in the Liquor Control Reform Act 1998.

New section 90 of the Liquor Control Reform Act 1998 provides for various definitions used in Division 1 of Part 6 of the Liquor Control Reform Act 1998.

disciplinary action, against a licensee or permittee, is defined as any one, or a combination, of the following—

the cancellation, or suspension for a specified period, of the licensee's licence or permittee's BYO permit;

the variation of the licensee's licence or permittee's BYO permit;

the endorsement of the licensee's licence or permittee's BYO permit;

the issuing of a letter of censure to the licensee or permittee;

the imposition of a fine not exceeding an amount that is 250 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the licensee or permittee.

grounds for disciplinary action, in relation to a licensee or permittee, to be defined as any of the following—

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that the licensee or permittee has contravened a provision of the Liquor Control Reform Act 1998, the regulations, the licence or BYO permit or a condition of the licence or BYO permit (as the case may be);

that the licensee or permittee has contravened a condition of an approval or consent of the Commission under the Liquor Control Reform Act 1998 (other than a licence or BYO permit);

that the licensee or permittee is guilty of an offence against section 118A of the Liquor Control Reform Act 1998 or a regulation made under section 118B of that Act;

that the licensee has contravened an undertaking given under section 133F of the Liquor Control Reform Act 1998;

that the licensee or permittee has been found guilty of an offence against the Liquor Control Reform Act 1998 or the regulations;

that the licensee or permittee has been found guilty of an offence under Part 2 of the Food Act 1984 in relation to liquor supplied by the licensee or permittee;

that the licensee or permittee has been found guilty of an offence under the Police Regulation Act 1958 relating to bribery of a member of the police force;

that the licensee or permittee has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more;

that the licensee or permittee is a body corporate a director of which has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more;

the licensee or permittee is a club that is not a body corporate, a member of the committee of management of which has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more;

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that the licensee or permittee has knowingly assisted a person to breach a disqualification imposed under section 93D of the Liquor Control Reform Act 1998;

that the licensee or permittee has paid a penalty for an offence under the Liquor Control Reform Act 1998 for which an infringement notice within the meaning of the Infringements Act 2006 has been served;

that the licensee has altered the premises in a way that would have prevented the granting of the licence under section 22 of the Liquor Control Reform Act 1998 had the alterations been in place immediately before the licence was granted;

that the licensee or permittee has obtained the licence or BYO permit by fraud or false representations;

that the licensee or permittee has conducted the business under the licence or BYO permit, or allowed it to be conducted, in a manner that detracts from or is detrimental to the amenity of the area in which the licensed premises are situated;

that a licensee or permittee has contravened the terms of a closure and evacuation notice;

that the licensee or permittee is otherwise not a suitable person to hold a licence or BYO permit;

variation, in relation to a licence or BYO permit, is defined as any of the following—

a variation of the times outside ordinary trading hours at which the licence or permit authorises the supply of liquor;

a variation of the size or perimeter of the licensed premises;

a variation of a condition of the licence or permit (other than a condition imposed by the Liquor Control Reform Act 1998);

the imposition of a new condition on the licence or permit;

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the removal of a condition the licence or permit (other than a condition imposed by the Liquor Control Reform Act 1998 );

a variation of the category of the licence—

from a late night (general) licence to a general licence;

from a late night (on-premises) licence to an on-premises licence; or

from a late night (packaged liquor) licence to a packaged liquor licence.

New section 90(2) provides that a reference in the of the definition of grounds for disciplinary action in subsection (1) to the maximum term of imprisonment for an offence, in the case of a an indictable offence that may be heard and determined summarily under section 28(1) of the Criminal Procedure Act 2009, is a reference to the maximum term of imprisonment for the offence if it were not dealt with summarily.

New section 91 of the Liquor Control Reform Act 1998 gives the Commission the power to conduct an inquiry into whether there are grounds to take disciplinary action against a licensee or permittee on its own motion or at the written request of the Chief Commissioner of Police, a Licensing Inspector or the Council in which the licensed premises are situated. Requests made under new section 91 by the Chief Commissioner of Police, a Licensing Inspector and the Council must state the reasons for the request.

New section 92 of the Liquor Control Reform Act 1998 requires the Commission to give notice to the licensee or permittee of its intention to conduct an inquiry into whether there are grounds to take disciplinary action against a licensee or permittee. New section 92(2) sets out the notice requirements. New section 92(3) provides that any submissions made by a licensee or permittee in accordance with this section must be considered by the Commission.

New section 92(2)(f) and new section 92A(2)(f) expressly provides that the Commission must give notice that the Commission may make a determination under new section 93 without hearing a person who has notice of an inquiry if the person is not present or represented at the time and place for the inquiry.

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A new section 92A will be inserted requiring the Commission to also give notice to certain interested persons of its intention to conduct an inquiry into whether there are grounds to take disciplinary action against a licensee or permittee. Interested persons will be defined under new section 92A(1) as—

a person who has applied to have their name endorsed on a licence under Part 4 of the Liquor Control Reform Act 1998; and

a person who may be the subject of a disqualification determination made by the Commission under section 93D of the Liquor Control Reform Act 1998 if the Commission has contact details for that person.

The Commission will be required to give notice to an interested person directly if their details are known to the Commission. If however, that person's details are not known, for instance, the name of the person is known but not their address details, the Commission may give notice to that person by publishing a notice of the inquiry in a newspaper circulating in Victoria generally or on the Commission's website under new section 92A(3).

New section 92A(2) sets out the notice requirements imposed on the Commission for notices given under subsection (1)(a). New section 92A(3) specifies the notice requirement for notices published in a newspaper and on the Commission's website (published under subsection (1)(b)). These notices must also invite persons whose commercial or financial interests may be detrimentally affected by the inquiry or persons who may be the subject of a disqualification determination under section 93D to make a submission to the Commission.

New section 92A(4) will require the Commission to consider any submissions made by an interested person under this section or a person whose commercial or financial interests may be detrimentally affected by the inquiry.

New section 93(1) provides that after the Commission has conducted an inquiry into whether grounds for disciplinary action exist against a licensee or permittee, the Commission must make a determination based on that inquiry. If the outcome of the inquiry is that the Commission considers there are grounds for taking disciplinary action the Commission may take disciplinary action as the Commission sees fit. The Commission's capacity to

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take disciplinary action will be subject to the requirements set out in new section 93A(2) which will require that if the Commission finds that certain grounds for disciplinary action exist it must take cancel, suspend or endorse the licence.

New section 93(2) requires the Commission to give notice of its determination under subsection (1) to the licensee or permittee, to the person who made the application under section 91(2) and any interested persons notified under section 92A. New section 93(2) also provides that a statement of reasons must be issued to those same persons.

New section 93(3) provides that a written notice given to the licensee or permittee in subsection (2) may be in the form of a letter of censure under section 93C.

New section 93(4) provides that a failure by the Commission to comply with this section does not affect the validity of the Commission's determination.

New section 93A provides for disciplinary action in the form of cancellation, suspension or variation of licence or permit. Subsection (1) of new section 93A provides that if a disciplinary action is the cancellation, suspension or variation of the licensee's licence or permittee's BYO permit, it takes effect when the notice under subsection (2) is served or at a later time specified in the notice. Subsection (2) of new section 93A provides that if the Commission finds that a ground for disciplinary action against the licensee or permittee is that the licensee or permittee has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more, the Commission must—

cancel the licence or permit; or

suspend the licence or permit for the period specified by the Commission; or

endorse the licence or permit under section 93E.

Subsection (3) provides that the Commission may take other disciplinary action against a licensee or permittee in respect of whom grounds for disciplinary action have been established in addition to the disciplinary action specified in subsection (2) if the Commission sees fit.

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New section 93B is inserted which provides that disciplinary action in the form of a fine it is to be recovered by the Minister as a debt due to the State.

New section 93C(1) provides that if the Commission issues a letter of censure as form of disciplinary action, the letter of censure—

must specify the grounds for disciplinary action the Commission has determined exists;

may censure the licensee or permittee in respect of any matter connected with the operation of the licensed premises; and

may include a direction to the licensee or permittee to rectify within a specified time any matter giving rise to the censure; and

may specify that any direction given to the licensee or permittee that is not complied with by the licensee or permittee, in the time specified in the letter, may result in further disciplinary action being taken against the licensee or permittee.

New section 93C(2) provides that if a direction given in a letter of censure is not complied with within the time specified in the letter, the Commission, by giving written notice to the licensee or permittee may take further disciplinary action against the licensee or permittee. Subsection (3) provides that disciplinary action taken under subsection (2) must not be in the form of another letter of censure.

New section 93D is inserted which provides for disqualification determinations by the Commission.

Subsection (1) of new section 93D provides that if the Commission finds that a ground for taking disciplinary action exists under section 90, the Commission may also determine that the licensee or permittee or a related person be disqualified—

from holding a licence or BYO permit;

from being a director in any body corporate that holds a licence or BYO permit;

from being a partner in any partnership that holds a licence or BYO permit; from having a beneficial interest

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(whether directly or indirectly) in the shares of any body corporate that holds a licence or BYO permit;

from in any way (whether directly or indirectly) taking part in, or being concerned in, the management of any licensed premises or any body corporate that holds a licence or BYO permit or any licensed club;

from being employed by any licensed club or any person that holds a licence or BYO permit.

Subsection (5) defines related person.

A person other than the licensee or permittee who may be affected by a disqualification determination under this section will be given notice of the inquiry by the Commission under section 92A.

Subsection (2) of new section 93D provides that the Commission may disqualify a person in all or any of the ways listed in subsection (1) and may make a determination under this section even though it does not take any disciplinary action under section 90.

Subsection (3) of new section 93D provides that the Commission must specify the period of disqualification and subsection (4) provides that notice of the disqualification must be given to persons served notice of the inquiry and a statement of reasons for the decision.

New section 93E provides for an endorsement of a licence or permit by the Commission.

Subsection (1) of new section 93E provides that the Commission may endorse the name of the owner or a mortgagee of the licensed premises or their agent on the licence or BYO permit if the Commission is satisfied—

that a ground for disciplinary action under section 90 exists; and

that the owner or mortgagee is in possession, or has the legal right to possession, of the licensed premises; and

that the owner, mortgagee or agent (as the case may be) is a suitable person to carry on business under the licence or BYO permit.

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Subsection (2) of new section 93E provides that the Commission may endorse a licence or permit under this section on its own initiative or the application of the owner or mortgagee and written notice must be given of the Commission's determination under subsection (3).

Clause 57 substitutes the current sections 94 and 95 of the Liquor Control Reform Act 1998 which provides for inquiries in relation to amenity or disuse of a licence or BYO permit and inserts notice provisions in new sections 94A and 94B. The effect of these changes is to give the Victorian Commission for Gambling and Liquor Regulation the authority to conduct inquiries into amenity and disuse. Subdivision 1 of Division 2 of Part 3 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 also provides for certain procedures of the Commission when conducting inquiries generally.

Subsection (1) of new section 94 provides that the Commission may inquire into whether the continuation of a licence or BYO permit would detract from or be detrimental to the amenity of the area in which the licensed premises are situated; or circumstances where, during a continuous period of 12 months, a licence or BYO permit has not been used.

Subsection (2) of new section 94 provides that the Commission may conduct an inquiry under section 95(1) on its own initiative or at the request of the Chief Commissioner; a licensing inspector or the Council of the municipal district in which the licensed premises are situated.

New section 94A is inserted which requires the Commission to give notice of an inquiry to be held under amended section 94.

Subsection (1) of new section 94A requires the Commission to serve written notice of an inquiry to be held under section 94 to the licensee or permittee.

Subsection (2) specifies what must be contained within the notice.

Subsection (2)(e) provides that the Commission may make a determination under this Division without hearing a person who has notice of an inquiry if the person is not present or represented at the time and place for the inquiry.

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New section 94B requires the Commission to give notice to other persons who may be affected by the Commission's inquiry under this Division. Those persons are defined in subsection (1) as being a person who has applied or a person who may apply (where their contact details are known) under Part 4 of the Liquor Control Reform Act 1998 to have their name endorsed on the licence. Subsection (2) specifies the notice requirements.

Subsection (3) requires the Commission to publish notice of the inquiry if it knows an interested person who may apply under Part 4 of the Liquor Control Reform Act 1998 to have their name endorsed on the licence or permit but their contact details are not known. These notices are to invite these persons to make a submission to the Commission.

New section 95 provides for the Commission to cancel, suspend or vary a licence or permit after an inquiry conducted under amended section 94.

Subsection (1) provides that the Commission must make a determination that either the continuation of a licence or BYO permit would detract from or be detrimental to the amenity of the area in which the licensed premises are situated or that for a continuous period of 12 months, a licence or BYO permit has not been used.

Subsection (2) provides that before making a determination under subsection (3), the Commission must consider any submissions in relation to an inquiry under this Division made by—

the person who made the application under section 94(2);

made by a licensee, permittee or an interested person referred to in section 94B.

Subsection (3) provides that the Commission may do one or more of the following—

cancel the licence or BYO permit; or

suspend the licence or permit for the period specified by the Commission; or

vary the licence or permit; or

vary the category of licence; and

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make any other direction the Commission thinks fit.

Subsection (4) requires the Commission to give a statement of reasons.

Clause 58 substitutes section 96B of the Liquor Control Reform Act 1998 to enable the Commission to, by written notice, suspend a licence for a period not exceeding 5 days, if the Commission believes on reasonable grounds that—

the licensee has engaged in conduct that would constitute grounds for disciplinary action under section 90; or

there is a danger that a person may suffer substantial harm, loss or damage as a result of the licensee's conduct unless the licence is suspended.

Subsection (2) of new section 96B provides that the Commission must provide written notice to the licensee at least 48 hours before suspending the licence.

New section 96B(2)(a) stipulates what must be included in the written notice. The licensee must be notified of the conduct the licensee is believed to have engaged in, the time period in which the licensee must respond to the notice and the notice must also state that the Commission intends to suspend the licence, unless the Commission is satisfied with the licensee's response.

New section 96B(2)(b) requires the Commission to consider any response given by the licensee under section 96B(2)(a).

Subsection (3) of new section 96B provides that the suspension of a licence under this section takes effect when notice of it is given to the licensee under subsection (1) or at the later time specified in that notice and the suspension ceases to have effect at the time specified in that notice.

Subsection (4) of new section 96B provides that the suspension of a licence under this section can occur whether or not—

the Commission has commenced an inquiry under section 91 into whether there are grounds for disciplinary action; or

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the Commission has invited the licensee or permittee to make a submission; or

the Commission has commenced an inquiry under section 94; or

a breach notice has been served on the licensee under section 97A.

Subsection (5) of new section 96B provides that no compensation is payable in respect of any loss or damage resulting from or arising out of the suspension of a licence in accordance with this section.

Clause 58 will also insert new section 96C which allows a person in an inquiry under Part 6 of the Liquor Control Reform Act 1998 to rely on information, material or evidence that has been previously relied on by the Commission or VCAT in an earlier proceeding under Part 6 of the Liquor Control Reform Act 1998. The amendment will ensure that, for example, all evidence regarding a history of poor compliance by a licensee may be considered in an inquiry under Part 6 of the Liquor Control Reform Act 1998, notwithstanding that the evidence has been the subject of a determination by the Commission or an order by VCAT in an earlier proceeding.

Clause 59 substitutes the term Director for Commission wherever occurring in section 97A(1) of the Liquor Control Reform Act 1998 and specifies that a breach notice may be issued whether or not the Commission has conducted an inquiry under section 91 or 94 of the Liquor Control Reform Act 1998.

Clause 60 amends section 117 of the Liquor Control Reform Act 1998 to provide that the Commission may apply to the Magistrates Court to have the transfer of a licence declared void where it was procured by fraud.

Amended section 117(2) provides that if a person is found guilty of an offence under subsection (1) (the offence of procuring the transfer of a licence or BYO permit by fraud or misrepresentation), the principal registrar of the Magistrates' Court must notify, in writing, the Commission of that finding of guilt as soon as practicable after that finding.

Amended section 117(3) provides that on receipt of a notification under subsection (2), the Commission may apply to the

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Magistrates' Court for a declaration that the transfer is void. The Magistrates' Court may—

declare the transfer void; and

if it does so, may make an order that the person found guilty under subsection (1) be disqualified from holding a licence or BYO permit for a period not exceeding 3 years.

Clause 61 inserts new Division 3B in Part 8 of the Liquor Control Reform Act 1998 to enable the Commission to seek injunctive relief from the Supreme Court, County Court or Magistrates' Court and to provide for appeals on questions of law.

New section 133H enables the Supreme Court, County Court or Magistrates' Court to grant an injunction to restrain conduct.

New section 133I enables the Supreme Court, County Court or Magistrates' Court to grant an injunction requiring a person who has breached, or been involved in a breach of the Liquor Control Reform Act 1998, to do an act or thing, for example, and without limiting the generality of the orders that can be made, the orders listed in section 133I(3).

New section 133J enables the Supreme Court, County Court or Magistrates' Court to grant interim injunctions.

New section 133K enables the Supreme Court, County Court or Magistrates' Court to rescind or vary injunctions granted under new sections 133H, 133I and 133J.

New section 133L provides for undertakings as to damages and costs in respect to injunctions under new Division 3B.

Clause 62 substitutes Divisions 1, 2 and 3 of Part 9 of Liquor Control Reform Act 1998 with new Divisions 1 and 2 to enable a person who is eligible for an internal review of a decision under new Division 1A of Part 9 to seek a statement of reasons from the Commission (new section 149).

New section 150 requires that on receipt of a valid application under new section 149 the Commission must give a statement of reasons within 28 days. The Commission may exclude personal or confidential information, at its discretion from the statement of reasons.

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New Division 2 provides for internal reviews by the Commission, of reviewable decisions where made by an applicable decisions maker.

applicable decision maker is defined to mean—

a single commissioner performing a function or duty or exercising a power under the Liquor Control Reform Act 1998;

a single commissioner performing a function or duty or exercising a power of the Commission under the Liquor Control Reform Act 1998 under delegation from the Commission; or

an employee of the Commission performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission.

Commission on review is defined to mean the Commission constituted by three or more Commissioners for the purposes of new Division 2 of Part 9.

New section 152 in new Division 2 of Part 9 sets out the decisions made by an applicable decision maker under the Liquor Control Reform Act 1998 which are reviewable decisions (reviewable decisions) and who is eligible to apply for a review of a reviewable decision (the eligible person).

New section 153 in new Division 2 of Part 9 provides that an eligible person may make an application for a review of a reviewable decision and for the procedure of applying for an internal review.

New section 154 provides that the Commission must give notices to specified parties of the application received under new section 153 for review of a decision.

New section 155 provides that the Commission on review must not include a commissioner who made the reviewable decision that is the subject of an application for review under new section 153.

New section 156 provides that the Commission on review must include at least the Chairperson or a Deputy Chairperson.

New section 157(1) provides that following receipt of an application the Commission must make a fresh decision that

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affirms or varies the reviewable decision or sets aside the reviewable decision and substitutes another decision that the Commission considers appropriate. Subsection (2) provides that the Commission on review may consider material, information or evidence not considered by the original decision maker. This may include information relevant to supervening events between the time the reviewable decision was made and the date of the fresh decision of the Commission on review.

For the purpose of making a fresh decision under this Division, the Commission on review may exercise all the powers and discretions that were conferred on the applicable decision maker under the Liquor Control Reform Act 1998 in making the eligible decision in the first instance.

New section 157(3) provides that the Commission on review may request further information form persons given notice of the review under section 154 and may consider that information in making its fresh decision.

New section 157(4) requires the Commission to give notice of its decision under section 154(1) and a written statement of reasons for the decision to the person who applied for the review under section 153(1).

New section 158 provides that if the reviewable decision that is the subject of an application under section 153 is a decision that refuses the grant of a liquor licence or BYO permit, the Commission on review, as part of making its decision on the application, may grant the licence or BYO permit subject to conditions or in the case of a refusal for the grant of a liquor licence, grant another licence instead. This section does not limit the Commission's powers under section 157.

New section 159 provides that if the reviewable decision that is the subject of an application under section 153 is a decision making a late hour entry declaration, the Commission on review, as part of making its fresh decision, may—

decide that in relation to the applicant's licensed premises, the declaration—

continues to apply; or

continues to apply subject to any variation (including any conditions) that the Commission on review thinks fit; or

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does not continue to apply.

decide that in relation to an application for review of the decision to vary a late hour entry declaration, decide that the declaration continues to apply to the applicant's licensed premises—

as varied; or

as in force before the variation; or

subject to any other variation (including any conditions) that the Commission on review thinks fit.

New section 159 does not limit the Commission's powers under section 157.

New section 160(1) provides that applications for internal review do not affect the operation of reviewable decisions however, the Commission on its own initiative or on the application of the applicant for internal review may grant a stay of the decision unless the Commission grants a stay of the operation of the decision pending the determination of the review.

New section 160(2) provides that an application for a stay of the decision must set out the reasons for the application.

Under sections 160(3) and (4) if the Commission has not made a decision within ten business days in respect to an application for the grant of a stay under section 160(1), the Commission is taken to have granted a stay pending the determination of the review. The effect of this proposed section is that the Commission is deemed to have stayed the original decision if they have not made a decision on the application for a stay. The period of deemed stay is until such time as the Commission has made its fresh decision under section 157.

New section 160(5) provides that the Commission may attach any conditions to the stay of the operation of a reviewable decision as it sees fit.

New section 160(6) provides that stays cannot be granted for decisions made under section 148ZD.

Clause 63 substitutes section 172A to provide for an appeal to the Supreme Court by a person whose interests are affected by a decision of the Commission under the Liquor Control Reform Act 1998.

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Appeals must be made within 28 days after the decision of the Commission and in accordance with the rules of the Supreme Court. The institution of an appeal under section 172A does not stay the operation of the Commission's decision unless the Supreme Court otherwise orders.

Clause 64 inserts a new Schedule 4, after Schedule 3, to the Liquor Control Reform Act 1998 dealing with transitional provisions to give effect to the Victorian Commission for Gambling and liquor Regulation Act 2011.

Schedule 4—Transitional provisions for Victorian Commission for Gambling and liquor Regulation Act 2011

New clause 1 provides for definitions used in the Schedule.

commencement day means the day on which section 64 comes into operation.

Director is defined to mean the Director of Liquor Licensing appointed under section 149 of the Liquor Control Reform Act 1998 as in force immediately before the commencement day.

LCRA licence or permit is defined to mean a general licence, an on-premises licence, a restaurant and cafe licence, a club licence, a packaged liquor licence, a late night licence, a pre-retail licence, a vigneron's licence, a limited licence, a major event licence and a BYO permit.

liabilities is defined to mean all liabilities, duties and obligations, whether actual, contingent or prospective.

new Commission is defined to mean the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Bill.

Panel is defined to mean the Liquor Licensing Panel established under section 157 of the Liquor Control Reform Act 1998 as in force immediately before the commencement day.

pending contested application is defined to mean an application made before the commencement day for a LCRA licence or permit in respect of which the Director has not made a decision to grant or refuse to grant the licence or permit before that day.

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property is defined to mean any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description.

rights all rights, powers, privileges and immunities, whether actual, contingent or prospective.

Tribunal is defined to mean the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.

New clause 2 provides that the specific transitional provisions in Schedule 4 are in addition to the savings and transitional provisions in the Interpretation of Legislation Act 1984.

New clause 3 empowers the Governor in Council to make regulations containing provisions of a savings or transitional nature consequent on the amendment of the Liquor Control Reform Act 1998 by the Bill. Such regulations may be retrospective. The transitional regulation-making power expires on 31 January 2013.

New clause 4 abolishes the office of the Director of Liquor Licensing and causes the person holding the office to go out of office. This clause also abolishes the Liquor Licensing Panel and causes its members to go out of office. This clause also—

vests all rights, property and assets that were immediately before commencement those of the Director to be those of the new Commission;

causes all debts, liabilities and obligations of the Director immediately before commencement to become those of the new Commission;

substitutes the new Commission as a party to any pending proceeding at a court of tribunal to which the Director was a party immediately before commencement;

substitutes the new Commission as a party to any agreement or contract to which the Director was a party immediately before commencement and which was in force at the time of commencement.

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New clause 5 deems a reference in any Act (other than the Bill) or instrument made under any Act or in any other document to the Director to be a reference to the new Commission from the commencement day unless the context otherwise requires.

New clause 6 sets out how pending uncontested applications in relation to a licence or permit application (including variations) are to be dealt with by the new Commission. The new Commission may make a decision in relation to any uncontested application relating to a liquor licence or permit which was pending at the day of commencement. Anything done before the day of commencement by the Director for the purpose of making a decision in respect of the uncontested application is taken to have been done by the new Commission and that the Act, as in force immediately before the commencement day, applies as if a reference to the Director were a reference to the new Commission. It is intended that decisions by the new Commission in relation to applications which are pending at the time of commencement will have a right of review to the Tribunal under Part 5 as if the day of commencement had not yet arrived subject to the time limitations specified in section 89 for lodging an application under Part 5 (as in force immediately before commencement).

New clause 7 sets out how own motion variations of the Director which are pending (that is notice has been given to the licensee or permittee as required under section 58 of the Act and the Director has not yet made a decision) at the time of commencement are to be dealt with. The new Commission may make a decision in relation to any own motion variations relating to a liquor licence or permit which was pending at the day of commencement. Anything done before the day of commencement by the Director for the purpose of making a decision in respect of the own motion variation is taken to have been done by the new Commission and that the Act, as in force immediately before the commencement day, applies as if a reference to the Director were a reference to the new Commission. It is intended that decisions by the new Commission in relation to own motion variations of the Director which are pending at the time of commencement will have a right of review to the Tribunal under Part 5 as if the day of commencement had not yet arrived subject to the time limitations specified in section 89 for lodging an application under Part 5 (as in force immediately before commencement).

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New clause 8 sets out how pending contested applications which have been referred to but not considered by the Panel are to be dealt with the by the new Commission. The new Commission must make a decision in relation to any contested application relating to a liquor licence or permit which was pending at the day of commencement and which had been referred to but not yet considered by the Liquor Licensing Panel. This clause also provides that anything done before that day by the Director for the purpose of making that decision is taken to have been done by the new Commission and that this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. It is intended that decisions by the new Commission in relation to applications which are pending at the time of commencement will have a right of review to the Tribunal under Part 5 as if the day of commencement had not yet arrived subject to the time limitations specified in section 89 for lodging an application under Part 5 (as in force immediately before commencement).

New clause 9 provides that the new Commission must make a decision in relation to any contested application relating to a liquor licence or permit which was pending at the day of commencement and may have regard to any record of the hearings conducted by the Panel where—

the application has been referred to the Liquor Licensing Panel; and

the panel had given the applicant and each objector an opportunity to be heard but the Panel had not yet given a report to the Director under section 46(3).

This clause also provides that anything done before that day by the Director for the purpose of making that decision is taken to have been done by the new Commission and that this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. It is intended that decisions by the new Commission in relation to applications which are pending at the time of commencement will have a right of review to the Tribunal under Part 5 as if the day of commencement had not yet arrived subject to the time limitations specified in section 89 for lodging an application under Part 5 (as in force immediately before commencement).

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New clause 10 sets out how contested applications which have been referred and considered by the Panel are to be dealt with by the new Commission. The new Commission must make a decision about a contested application relating to a liquor licence or permit which was pending at the day of commencement and may have regard to a report of the Liquor Licensing Panel where—

the application had been referred to the Liquor Licensing Panel; and

the panel had given the applicant and each objector an opportunity to be heard and the Panel had given a report to the Director under section 46(3).

This clause also provides that anything done before that day by the Director for the purpose of making that decision is taken to have been done by the new Commission and that the Liquor Control Reform Act 1998 as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. It is intended that decisions by the new Commission in relation to applications which are pending at the time of commencement will have a right of review to the Tribunal under Part 5 as if the day of commencement had not yet arrived subject to the time limitations specified in section 89 for lodging an application under Part 5 (as in force immediately before commencement).

New clause 11 provides that if on the day of commencement an application has been made to the Tribunal for an inquiry under section 90 (as in force immediately before commencement) and the Tribunal has not yet conducted the inquiry or has not yet made a determination under Part 6 of the Act, that the Tribunal may conduct the inquiry and/or make the determination as if the day of commencement had not yet arrived. Orders made by the Tribunal in respect to Part 6 inquiries are to be taken be decisions of the new Commission under substituted Divisions 1 and 2 of Part 6 of the Liquor Control Reform Act 1998 (as amended by this Bill).

New clause 12 provides that any document held by the Director and Panel immediately before commencement is taken to be a document or information of the new Commission. This will apply despite anything to the contrary in any Act or law other

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than the Charter of Human Rights and Responsibilities Act 2006.

New clause 13 provides that any notice given or served by the Director which is in force immediately before commencement is taken to be a notice given or served by the new Commission.

New clause 14 provides that if immediately before commencement day the Director has commenced but not yet completed to do something required or permitted to be under the Liquor Control Reform Act 1998, those actions of the Director are taken to be those of the new Commission and the new Commission may continue to do and complete that thing.

New clause 15 provides that no duty or other tax is chargeable under any Act in respect of anything done under the Schedule or in respect of any act or transaction connected with or necessary to be done by reason of the Schedule, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Director.

New clause 16 provides for the validity of things done under the Schedule.

Division 2—Consequential repeals

Clause 65 repeals sections 45 and 46 of the Liquor Control Reform Act 1998 which currently provides for referrals of contested liquor licence applications to the Liquor Licensing Panel (which is to be abolished under new clause 4 of Schedule 4 to the Liquor Control Reform Act 1998) and the functions of the Liquor Licensing Panel in dealing with a referral.

Clause 66 repeals Part 5 of the Liquor Control Reform Act 1998 which currently provides for reviews of decisions by the Victorian Civil and Administrative Tribunal. New Division 2 of Part 9 provides for internal reviews of liquor licensing decisions and Division 3B of Part 8 provides for appeals to the Supreme Court on a point of law.

Clause 67 repeals section 96 of the Liquor Control Reform Act 1998 which currently provides for cancellation or suspension of a liquor licence or BYO permit under Division 2 of Part 6 by the Victorian Civil and Administrative Tribunal.

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Clause 68 repeals sections 148ZU to 148ZW of the Liquor Control Reform Act 1998 which currently provides for reviews of closure and evacuation notices by the Victorian Civil and Administrative Tribunal. A closure and evacuation notice will be a reviewable decision under Division 1 of Part 9. A licensee may apply for a review under Division 1 of Part 9. Amended section 160(5) provides that no stay may be granted by the Commission in relation to a decision made under section 148ZD.

PART 8—AMENDMENT OF THE GAMBLING REGULATION ACT 2003

Part 8 of the Bill provides for amendments to the Gambling Regulation Act 2003 to facilitate the establishment of the Victorian Commission for Gambling and Liquor Regulation. It also repeals a number of sections and Divisions in the Gambling Regulation Act 2003 as they related to the establishment and operation of the Victorian Commission for Gambling Regulation which is being replaced by the Commission.

Clause 69 amends section 1.1(1) of the Gambling Regulation Act 2003 to remove references to the establishment of the Victorian Commission for Gambling Regulation under that Act and to amend section 1.1(3)(j) to refer to the functions, duties and powers conferred on the Victorian Commission for Gambling and Liquor Regulation.

Clause 70 amends existing definitions and inserts new definition used in section 1.3 of the Gambling Regulation Act 2003.

Commission is to be defined as the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011.

inspector is to be defined as gambling and liquor inspector appointed under section 40 of the Victorian Commission for Gambling and Liquor Regulation Act 2011.

entitlement holder is defined as a venue operator that is the holder of a gaming machine entitlement.

entitlement holder connected person means—

a person who has a prescribed interest referred to in paragraph (a) of the definition of prescribed connection; or

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a person who has a prescribed right or power referred to in paragraph (b) of the definition of prescribed connection; or

a prescribed common person referred to in paragraph (c) of the definition of prescribed connection; or a person who is in or has a prescribed relationship referred to in paragraph (d) or (e) of the definition of prescribed connection; or a person who is a party to a prescribed agreement or arrangement referred to in paragraphs (f) or (g) of the definition of prescribed connection.

gambling authorisation means a licence, permit or registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 issued or gaming machine entitlement allocated under this Act.

Inquiry is defined to have the same meaning as in the Bill.

prescribed connection means—

a prescribed interest (legal or equitable) in or in relation to an entitlement holder; or

a prescribed right or power in relation to an entitlement holder; or a prescribed common person employed or engaged by 2 or more entitlement holders; or

a prescribed relationship between prescribed persons employed or engaged by an entitlement holder or 2 or more entitlement holders; or

a prescribed relationship between a person employed or engaged by an entitlement holder and another person; or

a prescribed agreement or arrangement between entitlement holders or an entitlement holder and another person; or

a prescribed agreement or arrangement between persons employed or engaged by an entitlement holder or 2 or more entitlement holders.

Subclause (2) repeals the definition of Executive Commissioner.

Subclause (3) makes a consequential amendment to section 1.3(3) of the Gambling Regulation Act 2003 to change a section reference.

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Clause 71 repeals the definitions of entitlement holder and prescribed connection in section 3.2A.1 of the Gambling Regulation Act 2003 as these are being inserted into section 1.3 of the Act.

Clause 72 substitutes the heading to Part 1 of Chapter 10 of the Gambling Regulation Act 2003.

Clause 73 substitutes the heading to Division 1 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003.

Clause 74 repeals sections 10.1.1 to 10.1.3 of the Gambling Regulation Act 2003, which currently provide for the establishment and objectives of the Victorian Commission for Gambling Regulation, and its relationship to the Crown.

Clause 75 repeals section 10.1.4(1) of the Gambling Regulation Act 2003.

Clause 76 repeals section 10.1.4(3) of the Gambling Regulation Act 2003 and inserts the words "under this Act" after "Commission" in section 10.1.4(2) of that Act.

Clause 77 repeals section 10.1.5 of the Gambling Regulation Act 2003.

Clause 78 repeals Division 2 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003.

Clause 79 repeals Division 3 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003.

Clause 80 repeals Division 4 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003.

Clause 81 repeals Division 5 of Part 1 of Chapter 10 of the Gambling Regulation Act 2003.

Clause 82 amends section 10.1.30(2)(a) of the Gambling Regulation Act 2003 to provide that a record or disclosure made in the performance of, or for the purpose of performing or enabling someone else to perform, a function under a gaming Act or gaming regulations or the Liquor Control Reform Act 1998 or regulation made under that Act is not subject to the duty of confidentiality provision in section 10.1.30(1).

Clause 83 repeals the definition of prescribed connection in section 10.4.8 of the Gambling Regulation Act 2003. A definition of

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prescribed connection will be provided for in section 1.3(1) as an affect of clause 70 of this Bill.

Clause 84 repeals section 10.4.9 of the Gambling Regulation Act 2003.

Clause 85 repeals sections 10.5.1 to 10.5.3 of the Gambling Regulation Act 2003.

Clause 86 repeals section 10.5.6 of the Gambling Regulation Act 2003.

Clause 87 substitutes section 10.4.2(2) of the Gambling Regulation Act 2003 to provide that the specified functions in relation to investigations of applications of the Commission may be performed by any commissioner. This amendment is necessary as the role of Executive Commissioner is being abolished.

Clause 88 substitutes section 10.4.3(3) of the Gambling Regulation Act 2003 to provide that the specified functions in relation to photographs, finger prints and palm prints of the Commission may be performed by any commissioner. This amendment is necessary as the role of Executive Commissioner is being abolished.

Clause 89 substitutes section 10.4.4(3) of the Gambling Regulation Act 2003 to provide that the specified functions of the Commission, in relation to police inquiries and reports, may be performed by any commissioner. This amendment is necessary as the role of Executive Commissioner is being abolished.

Clause 90 substitutes section 10.4.5(3) of the Gambling Regulation Act 2003 to provide that the specified functions of the Commission, in relation to obtaining further information, may be performed by any commissioner. This amendment is necessary as the role of Executive Commissioner is being abolished.

Clause 91 makes amendments to other sections of the Gambling Regulation Act 2003 which are related to the abolition of the position of Executive Commissioner and so that those functions referred to may be performed by any commissioner.

Clause 92 inserts a new Part 26 in Schedule 7 to the Gambling Regulation Act 2003.

New clause 26.1 of Schedule 7 will provide for definitions used in the Schedule.

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commencement day means the day on which section 92 of the Bill comes into operation.

Executive Commissioner is defined to mean the Executive Commissioner of the former Commission.

former Commission is defined to mean the Victorian Commission for Gambling Regulation established by section 10.1.1 of the Gambling Regulation Act 2003 as in force immediately before the commencement day.

liabilities is defined to mean all liabilities, duties and obligations, whether actual, contingent or prospective.

new Commission is defined to mean the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Bill.

property is defined to mean any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description.

rights all rights, powers, privileges and immunities, whether actual, contingent or prospective.

New clause 26.2 of Schedule 7 provides that the specific transitional provisions in Part 26 of Schedule 7 are in addition to the savings and transitional provisions in the Interpretation of Legislation Act 1984.

New clause 26.3 empowers the Governor in Council to make regulations containing provisions of a savings or transitional nature consequent on the amendment of the Gambling Regulation Act 2003 by the Bill. Such regulations may be retrospective. The transitional regulation-making power expires on 31 January 2013.

New clause 26.4 abolishes the Victorian Commission for Gambling Regulation and causes all members to go out of office.

The clause also transfers rights, property, assets, liabilities and obligations of Victorian Commission for Gambling Regulation to the new Commission and substitutes the new Commission as a party in any proceedings, contract, agreement or arrangement commenced by the Victorian Commission for Gambling Regulation and continues any matter or thing commenced by the Victorian Commission for Gambling Regulation.

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New clause 26.5 deems references in any Act (other than the Bill) or instrument made under any Act or in any other document to the Victorian Commission for Gambling Regulation to be a reference to the new Commission from the commencement day unless the context otherwise requires. The clause also deems references in any Act (other than the Bill) or instrument made under any Act or in any other document the Executive Commissioner of the Victorian Commission for Gambling Regulation to be a reference to the new Commission from the commencement day unless the context otherwise requires.

New clause 26.6 provides that any notice given or served by the former Commission or the Executive Commissioner which is in force immediately before commencement is taken to be a notice given or served by the new Commission.

New clause 26.7 provides that if immediately before commencement day the former Commission or the Executive Commissioner has commenced but not yet completed to do something required or permitted to be under the Act that actions of the former Commission or the Executive Commissioner are taken to be those of the new Commission and the new Commission may continue to do and complete that thing as if the Gambling Regulation Act 2003 had not been amended by the Bill.

New clause 26.8 requires the new Commission to prepare financial statements of the former Commission for the period starting on 1 July 2011 and ending on the day before commencement in accordance with the Financial Management Act 1994.

New clause 26.9 provides that no duty or other tax is chargeable under any Act in respect of anything done under Part 26 of Schedule 7 or in respect of any act or transaction connected with or necessary to be done by reason of that Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the former Commission.

New clause 26.10 provides for the validity of things done under the Part 26 of Schedule 7.

PART 9—AMENDMENT OF OTHER GAMBLING ACTS AND THE RACING ACT 1958

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Part 9 of the Bill provides for amendments to the Casino Control Act 1991, and the Casino (Management Agreement) Act 1993 to facilitate the establishment of the Victorian Commission for Gambling and Liquor Regulation.

Division 1—Amendment of the Casino Control Act 1991

Clause 93 amends and repeals existing definitions Casino Control Act 1991—

Commission is to be defined as the Victorian Commission for Gambling and Liquor Regulation established under the Bill.

The definition of Executive Commissioner is repealed.

Clause 94 amends references to the Executive Commissioner in sections 24(4) and 28A(7) in the Casino Control Act 1991 to "any Commissioner".

Clause 95 amends section 140 of the Casino Control Act 1991 which provides for the object of the Commission under the Act.

Clause 96 amends section 141(2) of the Casino Control Act 1991 which provides for the Commission's functions under that Act so that the functions listed in that section do not limit the Commission's functions in that Act or any other Act.

Clause 97 inserts new section 172 in the Casino Control Act 1991 which provides that new Schedule 5 has effect.

Clause 98 inserts new Schedule 5 to the Casino Control Act 1991

New clause 1 of Schedule 5 provides for definitions used in the Schedule including—

commencement day means the day on which section 98 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation.

Executive Commissioner is defined to mean the Executive Commissioner of the former Commission.

former Commission is defined to mean the Victorian Commission for Gambling Regulation established by

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section 10.1.1 of the Gambling Regulation Act 2003 as in force immediately before the commencement day.

New clause 2 of Schedule 5 provides that if immediately before commencement day the former Commission or the Executive Commissioner has commenced but not yet completed to do something required or permitted to be done under the Casino Control Act 1991 that actions of the former Commission or the Executive Commissioner are taken to be those of the new Commission and the new Commission may continue to do and complete that thing as if the Act had not been amended by the Bill.

Division 2—Amendment of the Casino (Management Agreement) Act 1993

Clause 99 amends the existing definition of Commission in section 4 of the Casino (Management Agreement) Act 1993 to mean the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Bill.

Clause 100 amends section 8 of the Casino (Management Agreement) Act 1993.

Clause 101 inserts new Part 5 in the Casino (Management Agreement) Act 1993 which deal with the transitional arrangements in relation to the Victorian Commission for Gambling and Liquor Regulation Act 2011.

New clause 21 of Part 5 will provide for definitions used in the Part—

commencement day means the day on which section 101 of the Bill comes into operation.

former Commission is defined to mean the Victorian Commission for Gambling Regulation established by section 10.1.1 of the Gambling Regulation Act 2003 as in force immediately before the commencement day.

New clause 22 of Part 5 provides that if immediately before the commencement day the former Commission has commenced but

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not yet completed to do something required or permitted to be done under the Casino (Management Agreement) Act 1993 that actions of the former Commission are taken to be those of the new Commission and the new Commission may continue to do and complete that thing as if the Act had not been amended by the Bill.

Division 3—Amendment of Racing Act 1958

Clause 102 amends the existing definition of Commission in section 3(1) of the Racing Act 1958 to mean the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Bill.

Clause 103 inserts new Part VII in the Racing Act 1958 which will deal with the transitional arrangements in relation to the Victorian Commission for Gambling and Liquor Regulation Act 2011.

New clause 101 of Part VII provides for definitions used in the Part—

commencement day means the day on which section 103 of the Bill comes into operation.

former Commission is defined to mean the Victorian Commission for Gambling Regulation established by section 10.1.1 of the Gambling Regulation Act 2003 as in force immediately before the commencement day.

New clause 102 of Part 5 will provides that if immediately before commencement day the former Commission has commenced but not yet completed to do something required or permitted to be done under the Racing Act 1958 that actions of the former Commission are taken to be those of the new Commission and the new Commission may continue to do and complete that thing as if the Racing Act 1958 had not been amended by the Bill.

Clause 104 provides for the consequential amendments being made the Schedule to the Bill to have effect.

PART 10—CONSEQUENTIAL AMENDMENTS

Part 10 of the Bill provides for consequential amendments to the Casino Control Act 1991, the Gambling Regulation Act 2003, the Food Act 1984, the Liquor Control Reform Act 1998, the Summary Offences Act 1966

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and the Tobacco Act 1987 to facilitate the establishment of the Victorian Commission for Gambling and Liquor Regulation.

Item 1 of the Schedule makes a consequential amendment to the note in the foot of section 3A to the Casino Control Act 1991 by replacing current reference to the Director of Liquor Licensing with a reference to the Commission (meaning the Victorian Commission for Gambling and Liquor Regulation).

Item 2 of the Schedule makes consequential amendments to section 58 of the Food Safety Act 1984 by replacing current references to the Director (meaning the Director of Liquor Licensing) with references to the Commission (meaning the Victorian Commission for Gambling and Liquor Regulation).

Item 3 of the Schedule makes consequential amendments to section 1.3A and 2.3.2(2) of the Gambling Regulation Act 2003 by replacing current references to the Director (meaning the Director of Liquor Licensing) with references to the Commission (meaning the Victorian Commission for Gambling and Liquor Regulation). Item 3 also repeals section 3.4A.19(3)(c) of the definition o government agency as the definition already refers to the Commission at 3.4A.19(3)(a).

Item 4 of the Schedule makes consequential amendments to the Liquor Control Reform Act 1998 by replacing current references to the Director (meaning the Director of Liquor Licensing) with references to the Commission (meaning the Victorian Commission for Gambling and Liquor Regulation). It also replaces references to compliance inspector with gambling and liquor inspector.

Item 5 of the Schedule makes a consequential amendment to section 43(1) of the Summary Offences Act 1966 by replacing the current reference to the Director of Liquor Licensing with a reference to the Commission (meaning the Victorian Commission for Gambling and Liquor Regulation).

Item 6 of the Schedule makes a consequential amendment to section 3 of the Tobacco Act 1987 by replacing the current reference to the Director of Liquor Licensing with a reference to the Commission (meaning the Victorian Commission for Gambling and Liquor Regulation).

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