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CONSUMER AND OTHER ACTS MISCELLANEOUS AMENDMENTS ACT 2021 (NO. 1 OF 2021) - SECT 18

Sections 4.3A.3 and 4.3A.4 substituted

For sections 4.3A.3 and 4.3A.4 of the Gambling Regulation Act 2003 substitute

        " 4.3A.3     Minister may invite applications

    (1)     The Minister may invite a person that is a body corporate but not a prohibited person to apply for the wagering and betting licence.

    (2)     The Minister may take into account any other matter in deciding whether to invite a person to apply for the wagering and betting licence.

    (3)     In this section

"prohibited person" means—

        (a)     a licensed racing club; or

        (b)     Racing Products; or

        (c)     Racing Victoria; or

        (d)     VicRacing; or

        (e)     a body corporate—

              (i)     in which any share is held by or on behalf of an entity referred to in paragraph (a), (b), (c) or (d); or

              (ii)     of which an entity referred to in paragraph (a), (b), (c) or (d) is a member.

        4.3A.4     Secretary may report on suitability of persons Minister is considering to invite to apply for wagering and betting licence

    (1)     If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering inviting to apply for the wagering and betting licence.

    (2)     A report may include any recommendations the Secretary thinks fit.

    (3)     The report must include the reasons for any findings or recommendations contained in it.

        4.3A.4A     Consent required for reports and investigation

For the purpose of preparing a report under section 4.3A.4 or 4.3A.6 to give to the Minister and for investigations and inquiries to be carried out under Division 1C or 1D of Part 4 of Chapter 10 for the purpose of preparing a report under section 4.3A.4 or 4.3A.6, the Secretary must obtain the written consent of—

        (a)     a possible invitee, pending applicant or applicant; and

        (b)     any other person the Secretary considers relevant to the consideration by the Minister of whether—

              (i)     to invite a possible invitee to apply for the wagering and betting licence; or

              (ii)     a pending applicant or an applicant should be granted the wagering and betting licence under this Division.".



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