Victorian Numbered Acts Victorian Numbered ActsAfter section 3.4A.20 of the Principal Act insert —
(1) The Minister may make rules in accordance with which a venue operator who holds a gaming machine entitlement may designate that entitlement as one that is to be surrendered at midnight on a day specified in those rules.
(2) The rules may contain provisions that—
(a) apply generally or are of limited application;
(b) apply differently according to differences in time, place or circumstance;
(c) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or the Commission.
(3) The rules must be published in the Government Gazette.
(4) The rules take effect on the day that they are published in the Government Gazette or on such later date as is specified in the rules.
(1) A gaming machine entitlement that has been designated in accordance with the rules under section 3.4A.20AA is surrendered at midnight on the day that, under those rules, applies in relation to that entitlement.
(2) On the surrender of a gaming machine entitlement—
(a) the entitlement is taken to be unallocated; and
(b) the geographic area condition imposed on the entitlement is removed; and
(c) any interest, right or privilege in or to which the entitlement is subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this subsection, extinguished.
No compensation is payable by the State to any person as a result of—
(a) the surrender of a gaming machine entitlement under this Division; or
(b) the operation of section 3.4A.20AAB.
(1) On and after the day on which a gaming machine entitlement is surrendered under this Division, any amount owed to the State for the allocation of the entitlement to the venue operator (other than an amount excluded by subsection (3)) becomes immediately due and payable to the State.
(2) Subsection (1) applies to an amount owed to the State whether it is owed under an agreement or otherwise.
(3) An amount that becomes immediately due and payable under subsection (1) does not include any amount determined by the Minister under section 3.4A.5(9)(b) in respect of any period after the surrender of the entitlement.
(4) The venue operator is not liable to pay any amount excluded under subsection (3).
(5) An amount that becomes immediately due and payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.
(6) This section applies despite any agreement to the contrary.
(1) The Minister may, by Order published in the Government Gazette, extinguish any gaming machine entitlements that—
(a) have been surrendered under this Division; and
(b) have not been allocated since.
(2) In making an Order under this section, the Minister must take the following matters into account—
(a) the extinguishment must result in at least 20% of all remaining gaming machine entitlements authorising the conduct of gaming in a region or municipal district outside metropolitan Melbourne;
(b) the extinguishment must not result in a contravention of section 3.4A.5AA(2).
Note
Section 3.4A.5AA(2) specifies that certain percentages of gaming machine entitlements must relate to specified types of approved venues.
On the day on which an Order made under section 3.4A.20AAE is published in the Government Gazette, the gaming machine entitlements specified in the Order are extinguished.
Note
Related interests, rights and privileges in or to which the entitlement is subject will already have been extinguished by section 3.4A.20AAB(2)(c).
No compensation is payable by the State as a result of the making of an Order under section 3.4A.20AAE or the operation of section 3.4A.20AAF.".