Victorian Numbered Acts Victorian Numbered ActsAfter Division 5 of Part 4A of Chapter 3 of the Principal Act insert —
This Division applies on and after the first gaming machine entitlement declared day declared by the Minister under section 3.4A.1.
(1) Before making an Order under section 3.4A.20C, the Minister must direct the Commission to determine whether the number of gaming machine entitlements under which gaming may be conducted in the State, a region or a municipal district exceeds the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the State, the region or the municipal district.
(2) On making a determination under subsection (1) the Commission must give the determination to the Minister.
Note
Section 3.4A.5(3) provides that the Minister must specify the maximum number of gaming machine entitlements under which gaming may be conducted in the State. Section 3.4A.5(3A) provides that the Minister, or the Commission, may determine the maximum permissible number of gaming machine entitlements under which gaming may be conducted in a region or municipal district.
If, on the taking effect of an Order under section 3.4A.5(3) or (3A), the number of gaming machine entitlements under which gaming may be conducted in the State, a region or a municipal district will exceed the maximum permissible number of entitlements under which gaming may be conducted in the State, the region or the municipal district, the Minister may by Order published in the Government Gazette—
(a) determine that the State will offer to purchase as many gaming machine entitlements as are required to reduce the number of gaming machine entitlements under which gaming may be conducted in the State, the region or the municipal district; and
(b) determine the period or periods during which a venue operator may accept an offer to purchase gaming machine entitlements held by that entitlement holder; and
(c) determine the day on which an offer to purchase gaming machine entitlements expires.
(1) The Minister may, from time to time for the purpose of sections 3.4A.20E to 3.4A.20G—
(a) determine the gaming machine reduction requirements; or
(b) direct the Commission to determine, based on criteria specified in the direction, the gaming machine reduction requirements.
(2) The gaming machine reduction requirements are—
(a) the price or prices to be paid for the gaming machine entitlements, or prices to be paid for different classes of entitlements to be purchased by the State; and
(b) the date or dates by which an offer of the State to purchase gaming machine entitlements must be made; and
(c) the date on which an offer of the State to purchase a gaming machine entitlement expires; and
(d) any other terms and conditions that an offer of the State to purchase gaming machine entitlements must contain; and
(e) in the case of a determination of the Commission—
(i) the venue operators to whom an offer of the State to purchase gaming machine entitlements will be made under section 3.4A.20E; or
(ii) the venue
operators who will be required to reduce the number of gaming machine
entitlements they hold under section 3.4A.20F—
s. 51
as the case requires.
(3) The date or dates specified in an offer in accordance with subsection (2)(b) and (c) must not be a date after the date a relevant Order under section 3.4A.5(3) or (3A) takes effect.
(4) If the Minister determines the gaming machine reduction requirements, the Minister must—
(a) give that determination to the Commission; and
(b) direct the Commission to give effect to the determination.
(5) Within the time specified in a direction under this section, or if no time is specified in the direction, within 60 days after a direction under this section is given to the Commission, the Commission must give effect to the relevant direction.
(6) If a direction referred to in subsection (1)(b) does not specify all of the relevant information or criteria by which the Commission must make a determination, the Commission may, in making a determination as required under this section, determine anything that is necessary to give effect to an Order under section 3.4A.20C.
(1) The Commission must, by written notice, serve on each venue operator that holds gaming machine entitlements an offer of the State to purchase the gaming machine entitlements that contains the following—
(a) a copy of the applicable Order under section 3.4A.5(3) or (3A) and 3.4A.20C;
(b) the price or prices to be paid for gaming machine entitlements held by that operator;
(c) any other terms and conditions the offer to purchase the gaming machine entitlements must contain.
(2) An offer under subsection (1) must be consistent with a determination of the Minister or Commission under section 3.4A.20D, as the case may be.
(1) This section applies if—
(a) all offers under section 3.4A.20E have expired; and
(b) the number of gaming machine entitlements under which gaming may be conducted in the State, or a region or municipal district (as the case requires) still exceeds the maximum permissible number of entitlements under which gaming may be conducted in the State, the region or the municipal district as determined by Order under section 3.4A.5(3) or (3A), as the case may be.
(2) The Commission must determine, in accordance with a determination of the Commission under section 3.4A.20D—
(a) which venue operators must reduce the number of gaming machine entitlements held by those operators; and
(b) the reduction in the number of gaming machine entitlements held by each venue operator that must be met by the operator.
(3) The Commission must give to each venue operator that it has determined under subsection (2) must reduce the number of gaming machine entitlements the operator holds a written direction specifying—
(a) the required level of reduction in gaming machine entitlements in the State, the region or the municipal district, as the case requires; and
(b) the required number of gaming machine entitlements the operator must no longer hold; and
(c) the methods by which the operator may reduce the number of gaming machine entitlements the operator holds; and
(d) the date by which that the operator must reduce the number of gaming machine entitlements the operator holds.
(4) The date specified in a direction for the purpose of subsection (3)(d) must not be a date after the date a relevant Order under section 3.4A.5(3) or (3A) takes effect.
(5) A venue operator given a direction under subsection (3) must comply with the direction.
(6) For the purpose of subsection (3)(c), the methods by which a venue operator may reduce the number of gaming machine entitlements held by that operator are—
(a) accepting an offer by the State under section 3.4A.20G to purchase any gaming machine entitlements; or
(b) if the direction of the Commission is as a result of an Order under section 3.4A.5(3A) to reduce the number of entitlements in a region or municipal district—
(i) transferring the entitlements to another venue operator so that gaming may be conducted under those entitlements outside the region or municipal district to which the Order applies; or
(ii) obtaining an amendment to the geographic area condition from the Commission so that gaming may be conducted under those entitlements outside the region or municipal district to which the Order applies.
(1) The Commission must, by written notice, serve on each venue operator that has been given a direction under section 3.4A.20F an offer of the State to purchase the gaming machine entitlements that contains the following—
(a) a copy of the applicable Order under section 3.4A.5(3) or (3A) and section 3.4A.20C;
(b) the price or prices to be paid for gaming machine entitlements held by that operator;
(c) any other terms and conditions that offer to purchase the gaming machine entitlements must contain.
(2) An offer under subsection (1) must be consistent with a determination of the Minister or Commission under section 3.4A.20D, as the case may be.
(1) This section applies if the State purchases a gaming machine entitlement under this Division following an Order under section 3.4A.20C determining that the State will offer to purchase gaming machine entitlements in order to reduce the maximum number of entitlements under which gaming may be conducted in the State.
(2) On the day the gaming machine entitlement is purchased, the entitlement—
(a) is extinguished; and
(b) any interest, right or privilege in or to which that entitlement is subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished.
(1) This section applies if a venue operator—
(a) holds gaming machine entitlements to which an Order under section 3.4A.5(3) relates; and
(b) does not reduce the number of gaming machine entitlements the operator holds in accordance with a direction under section 3.4A.20F.
(2) On the day the Order takes effect—
(a) all of the gaming machine entitlements to which the direction under section 3.4A.20F relates and which are held by the operator contrary to the direction are extinguished; and
(b) any interest, right or privilege in or to which those entitlements are subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished.
No compensation is payable by the State in respect of anything given or anything done under or arising out of anything under this Division.".