Victorian Numbered Acts

GAMBLING REGULATION FURTHER AMENDMENT ACT 2009 (NO. 58 OF 2009) - SECT 30

After section 3.4.48 of the Principal Act insert —

        " 3.4.48A     Related agreements with monitoring licensee

    (1)     Subject to this section, the Minister, by written notice, may direct the monitoring licensee to enter into an agreement or class of agreements dealing with matters relating to the monitoring licence with—

        (a)     the Minister; or

        (b)     a person or class of person the Minister specifies in the direction.

    (2)     Before giving a direction under subsection (1), the Minister must consult with the monitoring licensee.

    (3)     A direction under subsection (1)—

        (a)     must warn the monitoring licensee of the Minister's powers under this section; and

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

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

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

        (e)     may specify a date by which an agreement or class of agreements is to be entered into.

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

    (5)     The monitoring licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission.

        3.4.48B     No compensation payable because of a direction to enter into related agreements

No compensation is payable by the State because of a direction under section 3.4.48A or the entering into an agreement in compliance with a direction under section 3.4.48A.

        3.4.48C     Limitation of monitoring licensee's civil liability

    (1)     The monitoring licensee does not incur any liability for an act or omission in the provision of monitoring services except as provided under an agreement referred to in section 3.4.48 or 3.4.48A.

    (2)     Subsection (1) does not apply to a liability that would otherwise arise at law in the case where—

        (a)     a person has won a prize after playing a gaming machine; and

        (b)     that prize cannot be paid because of a failure by the monitoring licensee to provide monitoring services to enable the payment of that prize; and

        (c)     the person who won the prize or the venue operator who conducts gaming with the machine on which the prize was won sustains a loss because that prize cannot be paid.

        3.4.48D     Related agreements may provide for damages determined by the Minister

An agreement referred to in section 3.4.48 or 3.4.48A must provide for the kinds of damages determined by the Minister under section 3.4.48E.

        3.4.48E     Minister may determine certain damages that must be included in related agreements

    (1)     The Minister, after consulting the Treasurer, may determine the kinds of damages that must be provided for under an agreement referred to in section 3.4.48 or 3.4.48A.

    (2)         Without limiting subsection (1), the Minister may determine—

        (a)     the maximum amount that may be payable under the agreement in damages for a breach of a specified condition;

        (b)     the maximum amount that may be payable under the agreement in damages to a specified person for a breach of a specified condition;

        (c)     the kinds of events or circumstances that could form the basis of a condition referred to in paragraph (a) or (b).".