Victorian Numbered Acts Victorian Numbered ActsAfter Division 5 of Part 3 of Chapter 5 of the Gambling Regulation Act 2003 insert —
(1) If a public lottery licence (the "original licence" ) is cancelled, suspended or surrendered under this Part, the Minister may issue a temporary public lottery licence and appoint a temporary licensee for the period determined by the Minister.
(2) The Minister may issue a temporary public lottery licence only if satisfied, after receiving a report of the Commission under section 5.3.28, that the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a public lottery business.
(3) A temporary public lottery licence is issued on the terms and conditions the Minister thinks fit and nothing in Division 2 (other than sections 5.3.10, 5.3.11, 5.3.12 and 5.3.13) applies to the issue of the temporary licence.
(4) A temporary public lottery licence—
(a) may be extended once only for a period determined by the Minister; and
(b) may be cancelled at any time by the Minister; and
(c) if issued following the suspension of the original licence—is cancelled by the lifting or expiry of that suspension.
(5) If a temporary public lottery licence (including a temporary licence issued under this sub-section) is cancelled or otherwise terminates (other than under sub-section (4)(c)), the Minister may issue a further temporary public lottery licence and appoint a further temporary licensee for the period determined by the Minister.
(6) For the avoidance of doubt, sub-sections (2) and (3) apply to the issue of a temporary licence under sub-section (5).
(7) The cumulative periods for which a temporary public lottery licence may be issued or extended under this section cannot exceed 3 years after the day on which the original licence was cancelled, suspended or surrendered (as the case may be).
(1) If the Minister is considering issuing a temporary public lottery licence under section 5.3.27, the Commission must give a written report to the Minister stating whether or not, in the Commission's opinion—
(a) the proposed licensee, and each associate of the proposed licensee, is of good repute, having regard to character, honesty and integrity;
(b) the proposed licensee, or an associate of the proposed licensee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the proposed licensee or the associate is likely to be significantly affected in an unsatisfactory manner;
(c) each executive officer of the proposed licensee and any other person determined by the Commission to be concerned in or associated with the ownership, management or operation of the proposed licensee's business, is a suitable person to act in that capacity.
(2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions.
(3) The report must include the reasons for any findings or recommendations contained in it.
(1) A temporary licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee.
(2) The former licensee—
(a) must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under sub-section (1); and
(b) must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for those arrangements.
Penalty: 100 penalty units.
(3) In this section—
"former licensee" means the person who was public lottery licensee—
(a) under the original licence immediately before its cancellation, suspension or surrender; or
(b) under a temporary public lottery licence immediately before its cancellation or other termination.'.