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Consumer and Other Acts Miscellaneous
Amendments Act 2021
No. of 2021
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2--Amendment of Associations Incorporation Reform
Act 2012 4
3 Review of financial statements 4
4 Audit of financial statements 4
5 Lodgement of annual statement with Registrar 4
Part 3--Amendment of Australian Consumer Law and Fair
Trading Act 2012 5
6 Definitions 5
7 Statute law revision 5
Part 4--Amendment of Gambling Regulation Act 2003 6
8 Purpose, objectives and outline 6
9 Definitions for Act 6
10 Procedure where place is entered under a warrant etc. 8
11 Definitions for Division 4 of Part 4 of Chapter 3 9
12 Consent required for reports and investigations 10
13 Section 3.4.45 substituted 11
14 Prohibition on lobbying in relation to grant of application 11
15 Minister may create and allocate gaming machine entitlements 12
16 Gaming licence 12
17 Definitions for Part 3A of Chapter 4 12
18 Sections 4.3A.3 and 4.3A.4 substituted 14
19 Application for wagering and betting licence 16
20 Determination of applications 16
21 Section 4.3A.7A substituted 16
22 Prohibition on lobbying in relation to grant of application 17
23 Definitions for Division 7 of Part 3A of Chapter 4 17
24 Secretary may require further information 18
25 Updating information provided to Secretary 18
26 Updating information provided to Minister 18
i
Clause Page
27 Directions to provide information 19
28 Events and betting competitions that cannot be approved under
Part 5 of Chapter 4 19
29 Licensee to pay charge 19
30 Which public lotteries can be licensed? 19
31 Repeal of Chapter 6 (Club keno) 19
32 Definitions for Chapter 6A 20
33 Heading to Division 1 of Part 2 of Chapter 6A amended 20
34 Keno games conducted under this Chapter are lawful 21
35 Keno not subject to Chapter 3 21
36 Heading to Division 2 of Part 2 of Chapter 6A amended 21
37 Agents of licensee 21
38 Termination of certain agent agreements 22
39 Approval of keno system 23
40 Security of certain equipment 23
41 Keno rules 23
42 Disallowance of keno rules 24
43 Heading to Part 2A of Chapter 6A substituted 24
44 Approval of keno games for betting purposes 24
45 Definitions for Part 3 of Chapter 6A 25
46 Authority of keno licence 27
47 Section 6A.3.2 substituted 27
48 Consent required for reports and investigation 27
49 Section 6A.3.7A substituted 28
50 Prohibition on lobbying in relation to grant of application 28
51 Issue of licence 29
52 Duration of licence 29
53 New section 6A.3.11AA inserted 29
54 Engaging contractors and appointing agents to assist with keno
games 30
55 New sections 6A.3.22A and 6A.3.22B inserted 30
56 Amendment of licence 31
57 New Division 6A inserted in Part 3 of Chapter 6A 31
58 Unclaimed prizes 34
59 Returns to players 34
60 Heading to Part 6 of Chapter 6A substituted 35
61 New Part 7 of Chapter 6A inserted 35
62 Meaning of interactive game 39
63 Functions of Commission 39
64 New section 10.1A.3 inserted 39
65 Definitions for Part 2A of Chapter 10 40
66 Application of Division 1 of Part 4 of Chapter 10 40
67 Commission may require further information etc. 40
68 Investigation of registrations of interest and applications for
wagering and betting licence 40
69 Heading to Division 1C of Part 4 of Chapter 10 amended 40
70 Definitions for Division 1C of Part 4 of Chapter 10 41
ii
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71 Heading to Division 1D of Part 4 of Chapter 10 amended 41
72 Definition for Division 1D of Part 4 of Chapter 10 41
73 Responsibilities of inspectors while on duty 41
74 New section 10.5.14B inserted 42
75 Definition for Division 2 of Part 6 of Chapter 10 42
76 Definitions for Part 7 of Chapter 10 42
77 Schedule 1 (Subject matter for regulations) amended 43
78 Schedule 7 (Transitional provisions) amended 43
79 References to keno licence and licensee 44
80 References to keno games 44
Part 5--Amendment of Liquor Control Reform Act 1998 46
81 Betting on licensed premises 46
Part 6--Amendment of Residential Tenancies Act 1997 47
82 Residential rental agreements to be in standard form 47
83 Grounds for entry of rented premises 47
84 Notice for no specified reason 47
85 Notice under periodic site agreement 47
86 Repeal of Part 47
Part 7--Amendment of Residential Tenancies Amendment
Act 2018 48
Division 1--Amendment of Residential Tenancies Amendment
Act 2018 48
87 Definitions 48
88 Section 26A amended 48
89 New section 70B inserted 49
90 Sections 71 and 75 amended 49
91 New sections 94AB, 94ABA, 94AC, 94AD, 94AE and 94AF
inserted 49
92 New sections 144AA, 144AB and 144AC inserted 50
93 New section 206FA inserted 51
94 New Division 9 of Part 2 inserted 51
95 New Division 10 of Part 3 inserted 54
96 New Division 9 of Part 4 inserted 57
97 New Division 11 of Part 4A inserted 60
98 Order of Tribunal 62
99 New Part 10B inserted 63
100 Service of documents 63
101 Regulations 63
102 Consequential amendments of Part 8 63
Division 2--Consequential amendment of Victorian Civil and
Administrative Tribunal Act 1998 64
103 New section 147A inserted 64
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Clause Page
Part 8--Amendment of Rooming House Operators Act 2016 67
104 Duration of licence 67
Part 12--Statute law revision 68
Division 1--Amendment of Conveyancers Act 2006 68
134 Approval of auditors 68
135 Courses of education for auditors 68
136 Statute law revision 68
Division 2--Amendment of Estate Agents Act 1980 68
137 Definitions 68
138 Estate Agents Council 68
Part 13--Repeal of this Act 70
139 Repeal of this Act 70
═════════════
Endnotes 71
1 General information 71
iv
Consumer and Other Acts
Miscellaneous Amendments Act 2021
No. of 2021
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Associations Incorporation
Reform Act 2012--
(i) to clarify the annual financial reporting
requirements for tier two incorporated
associations; and
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Consumer and Other Acts Miscellaneous Amendments Act 2021
No. of 2021
Part 1--Preliminary
(ii) to update references to Chartered
Accountants Australia and New
Zealand; and
(b) to amend the Australian Consumer Law
and Fair Trading Act 2012 to amend the
definition of Intergovernmental Agreement
to refer to the Intergovernmental Agreement
as in force from time to time; and
(c) to amend the Gambling Regulation
Act 2003 in relation to wagering and betting,
keno and the monitoring licence; and
(d) to amend the Liquor Control Reform
Act 1998 in relation to betting on licensed
premises; and
(e) to amend the Residential Tenancies
Act 1997--
(i) to provide for periodic residential rental
agreements in writing to be in the
prescribed standard form; and
(ii) to provide that certain notices to vacate
cannot be issued if a caravan park or
Part 4A site is to be closed; and
(iii) to change the repeal of Part 16 of that
Act to 26 September 2020; and
(f) to amend the Residential Tenancies
Amendment Act 2018 to make further
amendments and to clarify the operation of
various amendments in that Act; and
(g) to amend the Victorian Civil and
Administrative Tribunal Act 1998 as a
consequence of the enactment of the
Residential Tenancies Amendment
Act 2018; and
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No. of 2021
Part 1--Preliminary
(h) to amend the Rooming House Operators
Act 2016 to clarify the duration of a rooming
house operator's licence in respect of which
an application for renewal has been made;
and
(l) to make statute law revision amendments to
consumer Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 June 2021, it comes into
operation on that day.
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Part 2--Amendment of Associations Incorporation Reform Act 2012
Part 2--Amendment of Associations
Incorporation Reform Act 2012
3 Review of financial statements
For section 96(1)(a)(ii) of the Associations
Incorporation Reform Act 2012 substitute--
"(ii) Chartered Accountants Australia and New
Zealand; or".
4 Audit of financial statements
For section 99(2)(c)(ii) of the Associations
Incorporation Reform Act 2012 substitute--
"(ii) Chartered Accountants Australia and New
Zealand; or".
5 Lodgement of annual statement with Registrar
For section 102(4)(b) of the Associations
Incorporation Reform Act 2012 substitute--
"(b) a copy of either--
(i) the report of the review of the financial
statements provided in accordance with
section 96(2)(b); or
(ii) the report of the audit of the financial
statements carried out in accordance
with section 96(5).".
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No. of 2021
Part 3--Amendment of Australian Consumer Law and Fair Trading Act 2012
Part 3--Amendment of Australian
Consumer Law and Fair Trading Act 2012
6 Definitions
In section 6(1) of the Australian Consumer Law
and Fair Trading Act 2012, in the definition of
Intergovernmental Agreement--
(a) omit "made on 2 July 2009";
(b) for "for the time being;" substitute "from
time to time;".
7 Statute law revision
In section 23(1) of the Australian Consumer
Law and Fair Trading Act 2012, for "order"
substitute "Order".
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Part 4--Amendment of Gambling Regulation Act 2003
Part 4--Amendment of Gambling Regulation
Act 2003
8 Purpose, objectives and outline
For section 1.1(3)(e) of the Gambling Regulation
Act 2003 substitute--
"(e) provides for the conduct under licence of
keno games;".
9 Definitions for Act
(1) In section 1.3(1) of the Gambling Regulation
Act 2003--
(a) insert the following definition--
"approved keno game means a keno game
approved by the Minister under
section 6A.2A.1;";
(b) the definitions of club keno game and club
keno system are repealed;
(c) in the definition of gambling industry
participant, for paragraph (e) substitute--
"(e) a keno licensee; or";
(d) for the definition of keno game substitute--
"keno game means a game--
(a) that is a rapid draw lottery that
meets the prescribed minimum
frequency of draws (if any); and
(b) the outcome of which is
determined by a random number
generator that draws--
(i) a number from a set of
numbers; or
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Part 4--Amendment of Gambling Regulation Act 2003
(ii) a set of numbers from a
larger set of numbers; and
(c) that is not conducted on a
totalisator; and
(d) the results of which are not based
on the outcome of a live event;
and
(e) that meets any other prescribed
requirements--
but does not include a game that is
prescribed not to be a keno game;";
(e) in the definition of keno licence, for
"the licence" substitute "a licence";
(f) in the definition of keno licensee, for
"the keno licence" substitute "a keno
licence";
(g) in the definition of keno system--
(i) for "keno games" (where first
occurring) substitute "approved keno
games";
(ii) for "keno games" (where secondly
occurring) substitute "approved keno
games, but not including a personal
electronic device used to purchase a
ticket directly from a keno licensee
online";
(h) in the definition of key operative, for
paragraph (ca) substitute--
"(ca) a keno licensee;";
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Part 4--Amendment of Gambling Regulation Act 2003
(i) in the definition of Secretary, after "Justice"
insert "and Community Safety".
(2) In section 1.3(1) of the Gambling Regulation
Act 2003, in the definition of relevant applicant,
invitee or registrant--
(a) after paragraph (a) insert--
"(ab) a person the Minister has invited to
apply for the wagering and betting
licence but that has not applied for the
wagering and betting licence under
section 4.3A.5; or
(ac) a person the Minister has invited to
apply for a keno licence but that has not
applied for a keno licence under section
6A.3.5; or";
(b) after paragraph (b) insert--
"(ba) a person the Minister is considering to
invite to apply for the wagering and
betting licence under section 4.3A.3; or
(bb) a person the Minister is considering to
invite to apply for a keno licence under
section 6A.3.3; or";
(c) for paragraph (c) substitute--
"(c) a person who registers an interest in the
grant of a public lottery licence; or";
(d) in paragraph (d), for "the keno licence"
substitute "a keno licence".
10 Procedure where place is entered under a warrant
etc.
In section 2.5.40(2)(c)(i) and (e) of the Gambling
Regulation Act 2003, after "oath" insert
"or affirmation".
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Part 4--Amendment of Gambling Regulation Act 2003
11 Definitions for Division 4 of Part 4 of Chapter 3
In section 3.4.38 of the Gambling Regulation
Act 2003--
(a) insert the following definitions--
"pending applicant means a person the
Minister has invited to apply for the
monitoring licence but that has not
applied for the monitoring licence
under section 3.4.42;
possible invitee means a person the Minister
is considering inviting to apply for the
monitoring licence.";
(b) for the definition of interested person
substitute--
"interested person means--
(a) a possible invitee; or
(b) a pending applicant; or
(c) an applicant; or
(d) the monitoring licensee; or
(e) an associate of a person referred to
in paragraph (a), (b), (c) or (d); or
(f) an officer, employee, agent or
contractor of--
(i) a person referred to in
paragraph (a), (b), (c) or (d);
or
(ii) an associate of a person
referred to in paragraph (a),
(b), (c) or (d);";
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Part 4--Amendment of Gambling Regulation Act 2003
(c) for the definition of licence awarding
process substitute--
"licence awarding process means the
following--
(a) the Minister's decision to invite a
person to apply for the monitoring
licence;
(b) the Minister's determination
whether to grant or refuse an
application for the monitoring
licence;
(c) the preparation or making of a
recommendation or report, or any
other thing that may be or is
required to be done under the Act,
for the purpose of the Minister
making a decision or
determination referred to in
paragraph (a) or (b);";
(d) in the definition of monitoring service
provider, for "3.4.59LG." substitute
"3.4.59LG;".
12 Consent required for reports and investigations
In section 3.4.41A of the Gambling Regulation
Act 2003--
(a) in subsection (1)--
(i) after "Division 1C" insert "or 1D";
(ii) in paragraph (a), for "or pending
applicant" substitute ", pending
applicant or applicant";
(iii) in paragraph (b)(ii), after "pending
applicant" insert "or an applicant";
(b) subsection (2) is repealed.
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Part 4--Amendment of Gambling Regulation Act 2003
13 Section 3.4.45 substituted
For section 3.4.45 of the Gambling Regulation
Act 2003 substitute--
"3.4.45 Prohibition on improper interference
(1) An interested person in relation to the
monitoring licence must not improperly
interfere with the preparation or making of a
recommendation or report under this Act in
relation to a possible invitee, pending
applicant or applicant.
(2) If an interested person improperly interferes
with the preparation or making of a
recommendation or report under this Act in
relation to a possible invitee, pending
applicant or applicant, the Minister may
refuse to consider, or consider further--
(a) whether to invite the possible invitee to
apply for the monitoring licence; or
(b) an application for the monitoring
licence made by the pending applicant
or applicant.".
14 Prohibition on lobbying in relation to grant of
application
(1) In the heading to section 3.4.45A of the
Gambling Regulation Act 2003 omit
"in relation to grant of application".
(2) In section 3.4.45A(2) of the Gambling
Regulation Act 2003, for "consider or to grant an
application for the monitoring licence" substitute
"invite a person to apply for the monitoring
licence, to consider an application for the
monitoring licence or to grant an application for
the monitoring licence".
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Part 4--Amendment of Gambling Regulation Act 2003
15 Minister may create and allocate gaming machine
entitlements
In section 3.4A.5(9)(ba) of the Gambling
Regulation Act 2003, for '"(i) whether' substitute
"(i) whether".
16 Gaming licence
(1) In section 4.3.2(a) of the Gambling Regulation
Act 2003, for "Chapter 3; and" substitute
"Chapter 3.".
(2) Section 4.3.2(b) of the Gambling Regulation
Act 2003 is repealed.
17 Definitions for Part 3A of Chapter 4
In section 4.3A.1AA of the Gambling
Regulation Act 2003--
(a) insert the following definitions--
"pending applicant means a person the
Minister has invited to apply for the
wagering and betting licence but that
has not applied for the wagering and
betting licence under section 4.3A.5;
possible invitee means a person the Minister
is considering inviting to apply for the
wagering and betting licence.";
(b) for the definition of interested person
substitute--
"interested person means--
(a) a possible invitee; or
(b) a pending applicant; or
(c) an applicant; or
(d) the wagering and betting licensee;
or
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Part 4--Amendment of Gambling Regulation Act 2003
(e) an associate of a person referred to
in paragraph (a), (b), (c) or (d); or
(f) an officer, employee, agent or
contractor of--
(i) a person referred to in
paragraph (a), (b), (c) or (d);
or
(ii) an associate of a person
referred to in paragraph (a),
(b), (c) or (d);";
(c) for the definition of licence awarding
process substitute--
"licence awarding process means the
following--
(a) the Minister's decision to invite a
person to apply for the wagering
and betting licence;
(b) the Minister's determination
whether to grant or refuse an
application for the wagering and
betting licence;
(c) the preparation or making of a
recommendation or report, or any
other thing that may be or is
required to be done under the Act,
for the purpose of the Minister
making a decision or
determination referred to in
paragraph (a) or (b);";
(d) the definition of registrant is repealed.
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Part 4--Amendment of Gambling Regulation Act 2003
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
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Part 4--Amendment of Gambling Regulation Act 2003
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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Part 4--Amendment of Gambling Regulation Act 2003
19 Application for wagering and betting licence
(1) In section 4.3A.5(1) of the Gambling Regulation
Act 2003--
(a) for "section 4.3A.3(7) to apply for a
wagering and betting licence" substitute
"section 4.3A.3(1) to apply for the wagering
and betting licence";
(b) in paragraph (b)(i), for "a wagering and
betting licence" substitute "the wagering
and betting licence".
(2) For the note at the foot of section 4.3A.5 of the
Gambling Regulation Act 2003 substitute--
"Note
Division 1D of Part 4 of Chapter 10 provides for the
investigation of an application for the wagering and betting
licence.".
20 Determination of applications
Section 4.3A.7(2)(a)(ix) of the Gambling
Regulation Act 2003 is repealed.
21 Section 4.3A.7A substituted
For section 4.3A.7A of the Gambling Regulation
Act 2003 substitute--
"4.3A.7A Prohibition on improper interference
(1) An interested person in relation to the
wagering and betting licence must not
improperly interfere with the preparation or
making of a recommendation or report under
this Act in relation to a possible invitee,
pending applicant or applicant.
(2) If an interested person improperly interferes
with the preparation or making of a
recommendation or report under this Act in
relation to a possible invitee, pending
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Part 4--Amendment of Gambling Regulation Act 2003
applicant or applicant, the Minister may
refuse to consider, or consider further--
(a) whether to invite the possible invitee to
apply for the wagering and betting
licence; or
(b) an application made by the pending
applicant or applicant.".
22 Prohibition on lobbying in relation to grant of
application
(1) In the heading to section 4.3A.7B of the
Gambling Regulation Act 2003 omit
"in relation to grant of application".
(2) In section 4.3A.7B(2) of the Gambling
Regulation Act 2003, for "consider a registration
of interest or an application for the wagering and
betting licence, or to grant an application for the
wagering and betting licence" substitute "invite a
person to apply for the wagering and betting
licence, to consider an application for the
wagering and betting licence or to grant an
application for the wagering and betting licence".
23 Definitions for Division 7 of Part 3A of Chapter 4
In section 4.3A.35 of the Gambling Regulation
Act 2003--
(a) in the definition of interested person--
(i) paragraph (b) is repealed;
(ii) in paragraph (c), omit "or registrant";
(iii) in paragraph (d), for "applicant or
registrant;" substitute "applicant.";
(b) the definitions of registrant and registration
of interest are repealed.
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Part 4--Amendment of Gambling Regulation Act 2003
24 Secretary may require further information
In section 4.3A.36(1)(a) and (b), (2) and (3)(b) of
the Gambling Regulation Act 2003 omit
"or registration of interest".
25 Updating information provided to Secretary
For section 4.3A.37(1)(b) of the Gambling
Regulation Act 2003 substitute--
"(b) a change occurs in that information before
the application is granted or refused--".
26 Updating information provided to Minister
(1) In the heading to section 4.3A.38 of the
Gambling Regulation Act 2003 omit
"registration of interest or".
(2) In section 4.3A.38 of the Gambling Regulation
Act 2003--
(a) subsection (1) is repealed;
(b) in subsection (3), for "subsection (1) or (2)"
substitute "subsection (2)";
(c) in subsection (4)--
(i) for "subsection (1) or (2)" substitute
"subsection (2)";
(ii) for "registration of interest or
application (as the case requires)"
substitute "application";
(d) in subsection (5), for "registration of interest
or application, for the purposes of the
application of subsection (1) or (2)"
substitute "application, for the purposes of
the application of subsection (2)";
(e) In subsection (6) the definition of relevant
registration information is repealed.
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Part 4--Amendment of Gambling Regulation Act 2003
27 Directions to provide information
In section 4.3A.39A of the Gambling Regulation
Act 2003--
(a) for subsection (3)(a) substitute--
"(a) persons whom the Minister is
considering to invite to apply for the
wagering and betting licence";
(b) after subsection (3)(a) insert--
"(ab) persons who are invited to apply for the
wagering and betting licence under this
Part;".
28 Events and betting competitions that cannot be
approved under Part 5 of Chapter 4
In section 4.5.2(b) of the Gambling Regulation
Act 2003, for "club keno" substitute "keno".
29 Licensee to pay charge
In section 4.6.7(2) of the Gambling Regulation
Act 2003, for ", approved betting competitions
and club keno games" substitute "and approved
betting competitions".
30 Which public lotteries can be licensed?
In section 5.3.2(2)(c) of the Gambling
Regulation Act 2003, for "club keno" substitute
"keno".
31 Repeal of Chapter 6 (Club keno)
Chapter 6 of the Gambling Regulation Act 2003
is repealed.
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Part 4--Amendment of Gambling Regulation Act 2003
32 Definitions for Chapter 6A
(1) In section 6A.1.2(1) of the Gambling Regulation
Act 2003--
(a) insert the following definition--
"amount received by a keno licensee, in
relation to an approved keno game,
includes entries in the approved keno
game for which payment was not
received by the keno licensee;";
(b) the definition of amount received by the
keno licensee is repealed;
(c) in the definition of keno revenue, for
"the keno licensee for keno games"
substitute "a keno licensee for approved
keno games";
(d) for the definition of keno venue
substitute--
"keno venue means premises under the
control of a keno licensee or sales agent
of a keno licensee where tickets for an
approved keno game conducted by the
licensee are sold.".
(2) In section 6A.1.2(2) of the Gambling Regulation
Act 2003, for "keno games" substitute "approved
keno games".
33 Heading to Division 1 of Part 2 of Chapter 6A
amended
In the heading to Division 1 of Part 2 of
Chapter 6A of the Gambling Regulation
Act 2003, before "keno" insert "approved".
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Part 4--Amendment of Gambling Regulation Act 2003
34 Keno games conducted under this Chapter are
lawful
(1) In the heading to section 6A.2.1 of the Gambling
Regulation Act 2003, for "Keno games"
substitute "Approved keno games".
(2) In section 6A.2.1 of the Gambling Regulation
Act 2003, for "A keno game" substitute
"An approved keno game".
35 Keno not subject to Chapter 3
(1) In the heading to section 6A.2.2 of the Gambling
Regulation Act 2003, for "Keno" substitute
"Approved keno games".
(2) In section 6A.2.2 of the Gambling Regulation
Act 2003, for "A keno game" substitute
"An approved keno game".
36 Heading to Division 2 of Part 2 of Chapter 6A
amended
In the heading to Division 2 of Part 2 of Chapter
6A of the Gambling Regulation Act 2003, before
"keno" insert "approved".
37 Agents of licensee
In section 6A.2.4 of the Gambling Regulation
Act 2003--
(a) in subsection (1), for "the keno licensee"
substitute "a keno licensee";
(b) in subsection (2)--
(i) for "The keno licensee" substitute
"A keno licensee";
(ii) for "keno games" substitute "approved
keno games";
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(c) in subsection (3)--
(i) for "The keno licensee must" substitute
"A keno licensee must";
(ii) in paragraphs (a)(ii) and (b), for
"keno games" substitute "approved
keno games";
(d) in subsection (4), for "The keno licensee"
substitute "A keno licensee".
38 Termination of certain agent agreements
In section 6A.2.4A of the Gambling Regulation
Act 2003--
(a) in subsection (1)--
(i) in paragraph (b), for "the keno
licensee's" substitute "a keno
licensee's";
(ii) in paragraphs (c) and (d), for "the keno
licensee, played a keno game at the
place where they sell tickets on keno
games on behalf of the licensee"
substitute "a keno licensee, played an
approved keno game at the place where
the agent sells tickets on approved keno
games on behalf of the licensee";
(b) in subsection (2), for "the keno licensee"
substitute "a keno licensee";
(c) in subsection (3), for "The keno licensee"
substitute "A keno licensee";
(d) in subsections (4), (5) and (6), for "the keno
licensee" (wherever occurring) substitute
"a keno licensee".
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39 Approval of keno system
In section 6A.2.5(1) and (2) of the Gambling
Regulation Act 2003, for "The keno licensee
must not conduct a keno game" substitute
"A keno licensee must not conduct an approved
keno game".
40 Security of certain equipment
In section 6A.2.6 of the Gambling Regulation
Act 2003--
(a) in subsection (1), for "The keno licensee"
substitute "A keno licensee";
(b) in subsection (2), for "keno games"
substitute "approved keno games".
41 Keno rules
In section 6A.2.11 of the Gambling Regulation
Act 2003--
(a) in subsection (1)--
(i) for "The keno licensee" substitute
"A keno licensee";
(ii) for "keno games" substitute "approved
keno games";
(b) in subsection (2)--
(i) for "The keno licensee must not
conduct a keno game" substitute
"A keno licensee must not conduct an
approved keno game";
(ii) in paragraph (a), for "keno games"
substitute "approved keno games";
(iii) in paragraph (b), for "keno game"
substitute "approved keno game";
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(c) in subsection (3), for "a keno game"
(wherever occurring) substitute
"an approved keno game";
(d) in subsection (4), for "keno games"
substitute "approved keno games";
(e) in subsection (5)--
(i) for "keno games" substitute "approved
keno games";
(ii) for "a keno game" substitute
"an approved keno game".
42 Disallowance of keno rules
In section 6A.2.14 of the Gambling Regulation
Act 2003--
(a) in subsection (1), for "the keno licensee"
substitute "a keno licensee";
(b) in subsection (3)(b)--
(i) for "keno game" substitute "approved
keno game";
(ii) for "keno games" substitute "approved
keno games".
43 Heading to Part 2A of Chapter 6A substituted
For the heading to Part 2A of Chapter 6A of the
Gambling Regulation Act 2003 substitute--
"Part 2A--Approval of keno
games".
44 Approval of keno games for betting purposes
For section 6A.2A.1(1) of the Gambling
Regulation Act 2003 substitute--
"(1) Subject to subsection (1A), the Minister, by
instrument, may approve a keno game.
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(1A) The Minister must not approve a keno game
if--
(a) in the Minister's opinion, the keno
game is offensive or contrary to the
public interest; or
(b) the keno game is a keno game, or a
keno game of a class, that is prohibited
by a harm minimisation direction
under Part 7.".
45 Definitions for Part 3 of Chapter 6A
In section 6A.3.1AA of the Gambling
Regulation Act 2003--
(a) insert the following definitions--
"pending applicant means a person the
Minister has invited to apply for a keno
licence but that has not applied for that
licence under section 6A.3.5;
possible invitee means a person the Minister
is considering inviting to apply for a
keno licence.";
(b) in the definition of applicant, for "the keno
licence" substitute "a keno licence";
(c) for the definition of interested person
substitute--
"interested person means--
(a) a possible invitee; or
(b) a pending applicant; or
(c) an applicant; or
(d) a keno licensee; or
(e) an associate of a person referred to
in paragraph (a), (b), (c) or (d); or
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(f) an officer, employee, agent or
contractor of--
(i) a person referred to in
paragraph (a), (b), (c) or (d);
or
(ii) an associate of a person
referred to in paragraph (a),
(b), (c) or (d);";
(d) for the definition of licence awarding
process substitute--
"licence awarding process means the
following--
(a) the Minister's decision to invite a
person to apply for a keno licence;
(b) the Minister's determination
whether to grant or refuse an
application for a keno licence;
(c) the preparation or making of a
recommendation or report, or any
other thing that may be or is
required to be done under the Act,
for the purpose of the Minister
making a decision or
determination referred to in
paragraph (a) or (b);";
(e) in the definition of lobbying activity, in
paragraph (b), for "the keno licence"
(where first occurring) substitute "a keno
licence";
(f) in the definition of lobbyist, in paragraph (b),
for "client." substitute "client;".
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46 Authority of keno licence
In section 6A.3.1 of the Gambling Regulation
Act 2003, for "the keno licensee to conduct keno
games" substitute "a keno licensee to conduct the
approved keno games in respect of the licence".
47 Section 6A.3.2 substituted
For section 6A.3.2 of the Gambling Regulation
Act 2003 substitute--
"6A.3.2 Minister determines number of keno
licences
The Minister is to determine from time to
time the number of keno licences that may
be issued.".
48 Consent required for reports and investigation
In section 6A.3.4A of the Gambling Regulation
Act 2003--
(a) in subsection (1)--
(i) after "Division 1C" insert "or 1D";
(ii) in paragraph (a), for "or pending
applicant" substitute ", pending
applicant or applicant";
(iii) in paragraph (b)(i), for "the keno
licence" substitute "a keno licence";
(iv) for paragraph (b)(ii) substitute--
"(ii) a pending applicant or an
applicant should be granted a keno
licence under this Division.";
(b) subsection (2) is repealed.
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49 Section 6A.3.7A substituted
For section 6A.3.7A of the Gambling Regulation
Act 2003 substitute--
"6A.3.7A Prohibition on improper interference
(1) An interested person in relation to a keno
licence must not improperly interfere with
the preparation or making of a
recommendation or report under this Act in
relation to a possible invitee, pending
applicant or applicant.
(2) If an interested person improperly interferes
with the preparation or making of a
recommendation or report under this Act in
relation to a possible invitee, pending
applicant or applicant, the Minister may
refuse to consider, or consider further--
(a) whether to invite the possible invitee to
apply for a keno licence; or
(b) an application for a keno licence made
by the pending applicant or applicant.".
50 Prohibition on lobbying in relation to grant of
application
(1) In the heading to section 6A.3.7B of the
Gambling Regulation Act 2003 omit
"in relation to grant of application".
(2) In section 6A.3.7B(2) of the Gambling
Regulation Act 2003, for "consider an application
for the keno licence, or to grant an application for
the keno licence" substitute "invite a person to
apply for a keno licence, to consider an
application for a keno licence or to grant an
application for a keno licence".
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51 Issue of licence
For section 6A.3.8(2) of the Gambling
Regulation Act 2003 substitute--
"(2) A keno licence cannot be issued under this
section that has effect, otherwise than as
provided by section 6A.3.12, at any time
while the keno licence in effect immediately
before the commencement of section 47 of
the Consumer and Other Acts
Miscellaneous Amendments Act 2021 is in
force.".
52 Duration of licence
For section 6A.3.11(1)(b) of the Gambling
Regulation Act 2003 substitute--
"(b) is valid for the term specified in the licence,
unless terminated earlier in accordance with
this Chapter or extended under
section 6A.3.11A.".
53 New section 6A.3.11AA inserted
After section 6A.3.11 of the Gambling
Regulation Act 2003 insert--
"6A.3.11AA Exclusivity period for licence
(1) When issuing a keno licence, the Minister
may specify one or more periods of time as
the exclusivity period for the licence.
(2) If an exclusivity period is specified for one
or more keno licences, no new keno licence
can be issued that has effect, otherwise than
as provided by section 6A.3.12, at any time
during the exclusivity period.".
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54 Engaging contractors and appointing agents to
assist with keno games
(1) In the heading to section 6A.3.15 of the
Gambling Regulation Act 2003, for
"keno games" substitute "approved keno
games".
(2) In section 6A.3.15 of the Gambling Regulation
Act 2003--
(a) in subsection (1), for "keno games"
substitute "approved keno games".
(b) in subsection (2), for "the keno licensee"
substitute "a keno licensee".
55 New sections 6A.3.22A and 6A.3.22B inserted
After section 6A.3.22 of the Gambling
Regulation Act 2003 insert--
"6A.3.22A Notification of other affected licensees
(1) The Minister may require a keno licensee
who requests a licence amendment to notify
in writing the licensee of any other keno
licence that, in the Minister's opinion, may
be adversely affected if the amendment is
made.
(2) Notification under subsection (1)--
(a) must be in the form and contain the
information required by the Minister;
and
(b) must include the reasons for the
requested amendment; and
(c) must inform the licensee to whom it is
given of their right to object to the
requested amendment.
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(3) If a requirement made by this section is not
complied with, the Minister may refuse to
consider the request for amendment.
6A.3.22B Objection by other licensees
(1) A keno licensee who receives notice under
section 6A.3.22A may lodge a written
objection with the Minister.
(2) The objection must be lodged within 28 days
after receiving the notice.".
56 Amendment of licence
(1) In section 6A.3.23 of the Gambling Regulation
Act 2003--
(a) in subsection (1), after "licensee" insert
"and to any keno licensee who lodged an
objection under section 6A.3.22B";
(b) in subsections (1A) and (1B), for "the keno
licence" substitute "a keno licence";
(c) in subsection (2), after "Minister" insert
"must have regard to any objections lodged
under section 6A.3.22B, and".
57 New Division 6A inserted in Part 3 of Chapter 6A
After section 6A.3.34B of the Gambling
Regulation Act 2003 insert--
"Division 6A--Requirements in relation
to registered players
6A.3.34C Definitions
In this Division--
keno funds means all money standing to the
credit of a registered player in an
account with the keno licensee with
whom they are registered that is
operated for the purpose of enabling the
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registered player to purchase a ticket in
an approved keno game directly from
the licensee;
registered player means a person registered
with a keno licensee--
(a) who may purchase a ticket in an
approved keno game directly from
the licensee; and
(b) who, as a requirement of that
registration, has an account with
the licensee for the purpose of
enabling the registered player to
purchase a ticket in an approved
keno game directly from the
licensee.
6A.3.34D Verification of registered player's identity
A keno licensee must ensure that a registered
player's identity is verified in accordance
with the conditions of the licensee's keno
licence.
Penalty: 600 penalty units.
6A.3.34E Keno funds of registered players
(1) A keno licensee must hold all keno funds of
a registered player on trust for that registered
player.
Penalty: 60 penalty units.
(2) A keno licensee must not disburse or
otherwise deal with keno funds of a
registered player held on trust except--
(a) as authorised under this Act; or
(b) as authorised under an agreement
between the keno licensee and the
registered player; or
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(c) as the Commission authorises by notice
in writing from time to time.
Penalty: 60 penalty units.
(3) A keno licensee may, in accordance with the
keno rules of the licensee, debit from the
keno funds of a registered player the amount
of a ticket in an approved keno game
purchased directly from the licensee.
(4) A keno licensee must remit any funds to a
registered player under a request made under
subsection (5).
(5) A registered player, or an authorised
representative of the registered player, may
request a keno licensee to remit any keno
funds of the registered player held by the
licensee.
(6) A keno licensee must comply with a request
made under subsection (5) within one
business day after the request is received.
Penalty: 60 penalty units.
(7) Subsections (4), (5) and (6) apply only after
the registered player's identity has been
verified under section 6A.3.34D and apply
subject to any applicable laws of the
Commonwealth.
(8) If a keno licensee has not recorded on behalf
of a registered player for a period of 2 years
a ticket purchased using keno funds, the
licensee must--
(a) remit to the registered player any keno
funds held on trust for the player; or
(b) if the registered player cannot be found,
deal with the funds as unclaimed
money under the Unclaimed Money
Act 2008.
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6A.3.34F Disclosure of names of registered players
On the written request of the Commission, a
keno licensee must provide the Commission
with a list of all the licensee's registered
players.".
58 Unclaimed prizes
In section 6A.3.39D of the Gambling Regulation
Act 2003--
(a) in subsection (1), for "the keno licensee"
(where first occurring) substitute "a keno
licensee";
(b) in subsection (2)--
(i) for "a keno game" substitute
"an approved keno game";
(ii) for "one keno game" substitute
"one approved keno game".
59 Returns to players
In section 6A.4.1 of the Gambling Regulation
Act 2003--
(a) in subsection (1), for "The keno licensee"
substitute "A keno licensee";
(b) in subsection (2)--
(i) for "The keno licensee" substitute
"A keno licensee";
(ii) in paragraph (a), for "keno game"
substitute "approved keno game".
(c) in subsection (2A)--
(i) for "The keno licensee" substitute
"A keno licensee";
(ii) for "keno games" (where twice
occurring) substitute "approved keno
games";
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(d) in subsection (2B), for "the keno licensee"
substitute "a keno licensee".
60 Heading to Part 6 of Chapter 6A substituted
For the heading to Part 6 of Chapter 6A of the
Gambling Regulation Act 2003 substitute--
"Part 6--Competition
authorisations".
61 New Part 7 of Chapter 6A inserted
After Part 6 of Chapter 6A of the Gambling
Regulation Act 2003 insert--
"Part 7--Harm minimisation
directions--keno game providers
6A.7.1 Definitions
In this Part--
harm minimisation direction means a
direction made or varied under
section 6A.7.2;
harm minimisation requirement means a
matter under section 6A.7.3 that may be
specified in a harm minimisation
direction;
keno game provider means--
(a) a keno licensee; or
(b) a person authorised or permitted
to conduct a keno game, in
Victoria or elsewhere, under a
licence, other than a keno licence,
issued under this or another Act;
or
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(c) a person authorised or permitted
to conduct a keno game, in
Victoria or elsewhere, under the
law of another State or a Territory;
or
(d) an employee or agent of a person
mentioned in paragraph (a), (b)
or (c).
6A.7.2 Harm minimisation direction
(1) The Minister, by notice published in the
Government Gazette, may direct a keno
game provider to meet a specified harm
minimisation requirement in relation to keno
games offered to persons located in Victoria.
(2) The Minister must not give a direction under
subsection (1) unless the Minister is satisfied
it is in the public interest to do so.
(3) The Minister, by notice published in the
Government Gazette, may vary or revoke a
direction.
(4) Subject to subsection (5), a direction or a
variation or revocation of a direction takes
effect on the day notice of the direction,
variation or revocation is published in the
Government Gazette or on any later day
specified in the direction.
(5) A direction that prohibits the conduct of a
keno game or keno games of a class, or a
variation of such a direction, cannot take
effect earlier than 30 days after the day
notice of the direction or variation is
published in the Government Gazette.
(6) A direction remains in force until it is
revoked by the Minister.
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6A.7.3 Harm minimisation requirement matters
(1) A harm minimisation direction may specify
all or any of the following matters in relation
to a keno game provider--
(a) any matter that the keno game provider
must comply with in relation to the
minimisation of harm or consumer
protection;
(b) how the keno game provider must
comply with any matter in relation to
the minimisation of harm or consumer
protection;
(c) that the keno game provider must
comply with the whole or part of the
requirements set out in a prescribed
document;
(d) how the keno game provider must meet
any of the requirements set out in a
prescribed document.
(2) Without limiting subsection (1) or
section 6A.7.2, a harm minimisation
direction may prohibit the conduct of a keno
game or keno games of a class.
(3) A harm minimisation direction may--
(a) apply generally or be of limited
application; and
(b) apply differently according to
differences in time, place or
circumstances; and
(c) exempt a keno game provider or class
of keno game provider, or keno game
or class of keno game, from any
requirement of the direction.
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6A.7.4 Tabling and disallowance
(1) The Minister must ensure that a harm
minimisation direction or a variation or
revocation of a harm minimisation direction
is tabled in each House of Parliament within
6 sitting days of that House after--
(a) the date on which the notice of the
harm minimisation direction is
published in the Government Gazette
under section 6A.7.2(1); or
(b) the date on which notice of the
variation or revocation is published in
the Government Gazette under
section 6A.7.2(3).
(2) A harm minimisation direction or a variation
or revocation of a harm minimisation
direction may be disallowed by the
Parliament.
(3) If a harm minimisation direction or a
variation or revocation of a direction is
disallowed by the Parliament, no direction,
variation or revocation of a direction which
is the same in substance as the disallowed
direction, variation or revocation of a
direction may be made within 6 months after
the date of the disallowance unless it is made
with the approval of the Parliament.
(4) Any harm minimisation direction or
variation or revocation of a direction made in
contravention of subsection (3) is void and of
no effect.
6A.7.5 Act prevails over harm minimisation
direction
A harm minimisation direction is of no effect
to the extent that it is inconsistent with this
Act.
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6A.7.6 Offence to not comply with a harm
minimisation direction
A keno game provider must comply with a
harm minimisation direction that applies to
the keno game provider.
Penalty: 60 penalty units.".
62 Meaning of interactive game
In section 7.1.3(2) of the Gambling Regulation
Act 2003--
(a) paragraph (e) is repealed;
(b) in paragraph (ea), for "a keno game"
substitute "an approved keno game".
63 Functions of Commission
In section 10.1.4(2)(f) of the Gambling
Regulation Act 2003, for "club keno" substitute
"keno".
64 New section 10.1A.3 inserted
After section 10.1A.2 of the Gambling
Regulation Act 2003 insert--
"10.1A.3 Delegation of certain reporting functions
of Secretary
(1) The Secretary, by instrument, may delegate a
function under any of the following
provisions to an executive within the
meaning of the Public Administration
Act 2004 who is employed in a role of
Deputy Secretary or equivalent--
(a) section 4.3A.4;
(b) section 4.3A.4A;
(c) section 4.3A.6;
(d) section 6A.3.4;
(e) section 6A.3.4A;
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(f) section 6A.3.6.
(2) A person to whom a function is delegated
under subsection (1) has all the functions of
the Secretary under Division 1C and 1D of
Part 4 that are necessary for the performance
of the function delegated.".
65 Definitions for Part 2A of Chapter 10
In section 10.2A.1 of the Gambling Regulation
Act 2003, in the definition of regulatory review,
for "club keno" substitute "keno".
66 Application of Division 1 of Part 4 of Chapter 10
In section 10.4.1(a) of the Gambling Regulation
Act 2003, for "a monitoring licence, a wagering
and betting licence" substitute "the monitoring
licence, the wagering and betting licence".
67 Commission may require further information etc.
Section 10.4.5(3)(j) of the Gambling Regulation
Act 2003, is repealed.
68 Investigation of registrations of interest and
applications for wagering and betting licence
Division 1A of Part 4 of Chapter 10 of the
Gambling Regulation Act 2003 is repealed.
69 Heading to Division 1C of Part 4 of Chapter 10
amended
In the heading to Division 1C of Part 4 of
Chapter 10 of the Gambling Regulation
Act 2003, for "keno licence or monitoring
licence" substitute "monitoring licence,
wagering and betting licence or keno licence".
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70 Definitions for Division 1C of Part 4 of Chapter 10
In section 10.4.7P of the Gambling Regulation
Act 2003--
(a) in the definition of pending applicant, for
"or section 6A.3.5" substitute ", 4.3A.5 or
6A.3.5";
(b) in the definition of relevant licence, for
paragraph (b) substitute--
"(b) the wagering and betting licence; or
(c) a keno licence.".
71 Heading to Division 1D of Part 4 of Chapter 10
amended
In the heading to Division 1D of Part 4 of
Chapter 10 of the Gambling Regulation
Act 2003, for "keno licence or monitoring
licence" substitute "monitoring licence,
wagering and betting licence or keno licence".
72 Definition for Division 1D of Part 4 of Chapter 10
In section 10.4.7Y of the Gambling Regulation
Act 2003, for the definition of relevant licence
substitute--
"relevant licence means--
(a) the monitoring licence; or
(b) the wagering and betting licence; or
(c) a keno licence.".
73 Responsibilities of inspectors while on duty
In section 10.5.5(c) of the Gambling Regulation
Act 2003, for "club keno" substitute "keno".
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74 New section 10.5.14B inserted
After section 10.5.14A of the Gambling
Regulation Act 2003 insert--
"10.5.14B Application of Division to personal
electronic devices
Nothing in this Division authorises or
permits an inspector to--
(a) inspect or seize a personal electronic
device that is or may be used to
participate in gambling authorised by or
under this Act or another Act; or
(b) require a person to answer questions or
provide information in relation to any
such device.".
75 Definition for Division 2 of Part 6 of Chapter 10
In section 10.6.5 of the Gambling Regulation
Act 2003, in the definition of relevant person--
(a) for paragraph (da) substitute--
"(da) a keno licensee.";
(b) in paragraph (h), for "licence;" substitute
"licence.";
(c) paragraph (i) is repealed.
76 Definitions for Part 7 of Chapter 10
In section 10.7.1(1) of the Gambling Regulation
Act 2003--
(a) in the definition of allow a minor to gamble
paragraphs (e) and (f) are repealed;
(b) in the definition of gamble paragraph (d) is
repealed.
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77 Schedule 1 (Subject matter for regulations)
amended
(1) In item 1.1 of Schedule 1 to the Gambling
Regulation Act 2003, for "the keno licensee to
conduct keno games" substitute "a keno licensee
to conduct approved keno games".
(2) After item 1.2 of Schedule 1 to the Gambling
Regulation Act 2003 insert--
"1.3 Prescribing--
(a) the minimum frequency of draws for a
game to be a keno game; and
(b) further requirements for a game to be a
keno game; and
(c) a game not to be a keno game.".
78 Schedule 7 (Transitional provisions) amended
After Part 35 of Schedule 7 to the Gambling
Regulation Act 2003 insert--
"Part 36--Consumer and Other
Acts Miscellaneous Amendments
Act 2021
36.1 Definition
In this Part--
amending Act means the Consumer and
Other Acts Miscellaneous
Amendments Act 2021.
36.2 Approval of keno games for betting
purposes
A keno game the approval of which was in
force under section 6A.2A.1 immediately
before the commencement of section 44 of
the amending Act is taken on and after that
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Part 4--Amendment of Gambling Regulation Act 2003
commencement to be an approved keno
game.
36.3 Duration of existing keno licence
The amendment of section 6A.3.11 by
section 52 of the amending Act does not
apply to the keno licence that was in effect
immediately before the commencement of
section 47 of the amending Act.".
79 References to keno licence and licensee
(1) In sections 6A.3.3(1) and (2), 6A.3.4(1),
6A.3.11A(3), 6A.3.13(2A) and (3), 6A.3.17(1),
6A.3.19(1), 6A.3.23A(1) and (2),
6A.3.30A(1)(b)(ii), 6A.3.39A(3) and 6A.3.39B(1)
of the Gambling Regulation Act 2003, for
"the keno licence" (wherever occurring)
substitute "a keno licence".
(2) In sections 3.4.5(c)(vi), 3.4.61(1)(c)(iiic),
6A.1.3(1) and (2), 6A.2.7(1), 6A.3.10A(1),
6A.3.11A(1), 6A.3.13(1), 6A.3.30A(1)(a) and
(b)(i), 6A.3.39A(1), 6A.3.39B(1) and 10.4.11(7)
(in paragraph (h) of the definition of regulated
person) of the Gambling Regulation Act 2003,
for "the keno licensee" substitute "a keno
licensee".
(3) In sections 6A.1.3(3), 6A.2.6(1), 6A.2.9, 6A.2.10,
6A.2.13(1) and (2), 6A.3.10A(4) and (5),
6A.3.13A, 6A.3.22(1), 6A.3.24(1), 6A.4.3(1) and
6A.5.1(1) of the Gambling Regulation Act 2003,
for "The keno licensee" substitute "A keno
licensee".
80 References to keno games
(1) In sections 6A.2.3(1), 6A.2.10, 6A.2.13(2),
6A.3.12(7) (in the definition of preparatory
action) and 6A.3.39C(1) of the Gambling
Regulation Act 2003, for "a keno game"
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(wherever occurring) substitute "an approved
keno game".
(2) In sections 6A.2.6(2), 6A.2.7(1), 6A.2.8(a) and
(b), 6A.2.9(a), 6A.2.13(1) and (2), 6A.4.3(2) and
6A.5.2(1) of the Gambling Regulation Act 2003,
for "keno games" substitute "approved keno
games".
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Part 5--Amendment of Liquor Control Reform Act 1998
Part 5--Amendment of Liquor Control
Reform Act 1998
81 Betting on licensed premises
In section 115(2) of the Liquor Control Reform
Act 1998--
(a) for paragraph (b) substitute--
"(b) if--
(i) a gaming machine is on the
premises in accordance with
Chapter 3 of the Gambling
Regulation Act 2003; and
(ii) the betting is engaged in during
the playing of a game on the
gaming machine in accordance
with that Chapter; or";
(b) in paragraph (ba)(i), after "2003" insert "or a
keno licence under Chapter 6A of that Act".
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Part 6--Amendment of Residential Tenancies Act 1997
Part 6--Amendment of Residential
Tenancies Act 1997
82 Residential rental agreements to be in standard
form
After section 26(1A) of the Residential
Tenancies Act 1997 insert--
"(1B) If a periodic residential rental agreement is in
writing it must be in the prescribed standard
form for a periodic residential rental
agreement.".
83 Grounds for entry of rented premises
In section 86(1)(g) of the Residential Tenancies
Act 1997, for "233A(3)" substitute "233A(1)".
84 Notice for no specified reason
For section 314(5) of the Residential Tenancies
Act 1997 substitute--
"(5) Subsection (1) does not apply if the caravan
park--
(a) is to be converted to a use other than a
caravan park; or
(b) is to be closed.".
85 Notice under periodic site agreement
After section 317ZG of the Residential
Tenancies Act 1997 insert--
"(3) Subsection (1) does not apply if the Part 4A
park is to be closed.".
86 Repeal of Part
In section 615 of the Residential Tenancies
Act 1997, for "the day that is 6 months after its
commencement" substitute "26 September 2020".
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Part 7--Amendment of Residential Tenancies Amendment Act 2018
Part 7--Amendment of Residential
Tenancies Amendment Act 2018
Division 1--Amendment of Residential Tenancies
Amendment Act 2018
87 Definitions
(1) In section 5(1) of the Residential Tenancies
Amendment Act 2018, in the proposed definition
of standard form in section 3(1) of the
Residential Tenancies Act 1997, for "26(1) or
(1A)(b);" substitute "26(1), (1A)(b) or (1B);".
(2) In section 5(3)(l) of the Residential Tenancies
Amendment Act 2018, in paragraph (a) of the
proposed definition of temporary crisis
accommodation in section 3(1) of the Residential
Tenancies Act 1997, after "period" insert
"(if any)".
88 Section 26A amended
(1) In section 12(1) of the Residential Tenancies
Amendment Act 2018, in the heading to
proposed section 26A of the Residential
Tenancies Act 1997--
(a) for "terms" substitute "term";
(b) omit "for fixed term of more than
5 years".
(2) In section 12(2) of the Residential Tenancies
Amendment Act 2018, in proposed
section 26A(1) of the Residential Tenancies
Act 1997 omit "for a fixed term of more than
5 years" (where twice occurring).
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(3) For section 12(3)(a) of the Residential Tenancies
Amendment Act 2018 substitute--
'(a) for "tenancy agreement for a fixed term of
more than 5 years" substitute "residential
rental agreement";'.
89 New section 70B inserted
(1) In section 60 of the Residential Tenancies
Amendment Act 2018, in the heading to
proposed section 70B of the Residential
Tenancies Act 1997, after "91W(1)(b)" insert
"and (1A)(b)".
(2) In section 60 of the Residential Tenancies
Amendment Act 2018, in proposed section
70B(1) of the Residential Tenancies Act 1997,
after "91W(1)(b)" insert "or (1A)(b)".
90 Sections 71 and 75 amended
(1) In section 71(5) of the Residential Tenancies
Amendment Act 2018, in proposed section 79(4)
of the Residential Tenancies Act 1997, for
"receipt of particulars of the costs of the repairs
under subsection (3)." substitute "the repairs are
completed.".
(2) In section 75(1)(e) of the Residential Tenancies
Amendment Act 2018, for "233A(3)" substitute
"233A(1)".
91 New sections 94AB, 94ABA, 94AC, 94AD, 94AE and
94AF inserted
(1) In the heading to section 84 of the Residential
Tenancies Amendment Act 2018, after "94AB,"
insert "94ABA,".
(2) In section 84 of the Residential Tenancies
Amendment Act 2018, after proposed
section 94AB of the Residential Tenancies
Act 1997 insert--
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"94ABA Offence to include prohibited term in
fixed term rooming house agreement
(1) A rooming house operator or resident must
not prepare or authorise the preparation of a
fixed term rooming house agreement that
contains a term referred to in section 94AD.
Penalty: 25 penalty units.
(2) If a fixed term rooming house agreement
contains a prohibited term, that term is void
and unenforceable.".
92 New sections 144AA, 144AB and 144AC inserted
(1) In the heading to section 126 of the Residential
Tenancies Amendment Act 2018, for
"and 144AB" substitute ", 144AB and 144AC".
(2) In section 126 of the Residential Tenancies
Amendment Act 2018, in proposed section
144AB(3) of the Residential Tenancies
Act 1997, for 'tear.".' substitute "tear.".
(3) In section 126 of the Residential Tenancies
Amendment Act 2018, after proposed
section 144AB of the Residential Tenancies
Act 1997 insert--
'144AC Offence to include prohibited term in
agreement under section 144
(1) A caravan park owner, caravan owner or
resident must not prepare or authorise the
preparation of an agreement under
section 144 that contains a term referred to in
section 144AA.
Penalty: 25 penalty units.
(2) If an agreement under section 144 contains a
prohibited term, that term is void and
unenforceable.".'.
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93 New section 206FA inserted
(1) In the heading to section 181 of the Residential
Tenancies Amendment Act 2018, for "section
206FA" substitute "sections 206FA and 206FB".
(2) In section 181 of the Residential Tenancies
Amendment Act 2018, in the note at the foot of
proposed section 206FA(2) of the Residential
Tenancies Act 1997, for 'invalid.".' substitute
"invalid.".
(3) In section 181 of the Residential Tenancies
Amendment Act 2018, after proposed section
206FA of the Residential Tenancies Act 1997
insert--
'206FB Offence to include prohibited term in site
agreement
(1) A site owner or site tenant must not prepare
or authorise the preparation of a site
agreement that contains a term referred to in
section 206FA.
Penalty: 25 penalty units.
(2) If a site agreement contains a prohibited
term, that term is void and unenforceable.".'.
94 New Division 9 of Part 2 inserted
(1) In section 236 of the Residential Tenancies
Amendment Act 2018, for proposed section
91W(1) of the Residential Tenancies Act 1997
substitute--
"(1) On an application under section 91V(1)(a), if
satisfied as to the matters set out in
subsection (1B), the Tribunal may make an
order terminating the existing residential
rental agreement.".
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(2) In section 236 of the Residential Tenancies
Amendment Act 2018, after proposed
section 91W(1) of the Residential Tenancies
Act 1997 insert--
"(1A) On an application under section 91V(1)(b), if
satisfied as to the matters set out in
subsection (2), the Tribunal may make an
order--
(a) terminating the existing residential
rental agreement; and
(b) requiring the residential rental provider
to enter into a new residential rental
agreement with the person and other
persons (if any) referred to in the
application.
(1B) For the purposes of subsection (1), the
matters are--
(a) the specified person or that person's
dependent children would be likely to
suffer severe hardship if the residential
rental agreement were not terminated;
and
(b) the hardship suffered by the specified
persons would be greater than any
hardship the residential rental provider
would suffer if the order were made;
and
(c) if a renter of the rented premises is
excluded from the rented premises
under a family violence safety notice,
family violence intervention order,
recognised non-local DVO or personal
safety intervention order, it is
reasonable to do so given the length of
the exclusion under the notice or order
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and the length of the existing residential
rental agreement; and
(d) it is reasonable to do so given the
interests of any other renters (other than
any excluded renter) under the existing
residential rental agreement and, in
particular, whether the other renters
support the specified person's
application.".
(3) In section 236 of the Residential Tenancies
Amendment Act 2018, in proposed
section 91W(2) of the Residential Tenancies
Act 1997, for "(1)" substitute "(1A)".
(4) In section 236 of the Residential Tenancies
Amendment Act 2018, in proposed section
91W(4) of the Residential Tenancies Act 1997,
for "(1)(b)" substitute "(1A)".
(5) In section 236 of the Residential Tenancies
Amendment Act 2018, in proposed section
91W(5) of the Residential Tenancies Act 1997,
for "(1)(a)" substitute "(1)".
(6) In section 236 of the Residential Tenancies
Amendment Act 2018, in proposed section
91W(6) of the Residential Tenancies Act 1997,
for "(1)(b)" substitute "(1A)".
(7) In section 236 of the Residential Tenancies
Amendment Act 2018, in proposed section
91W(7) of the Residential Tenancies Act 1997,
after "(1)" insert "or (1A)".
(8) In section 236 of the Residential Tenancies
Amendment Act 2018, in proposed section
91X(1) of the Residential Tenancies Act 1997,
after "91W(1)" insert "or (1A)".
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(9) In section 236 of the Residential Tenancies
Amendment Act 2018--
(a) in proposed section 91Y(4)(a) of the
Residential Tenancies Act 1997--
(i) for "sections 91T(1) and" substitute
"section";
(ii) after "91W(2)" insert ", in the case of
an application under section
91V(1)(b)";
(b) after proposed section 91Y(4)(a) of the
Residential Tenancies Act 1997 insert--
"(b) as to those matters set out in section
91W(1B), in the case of an application
under section 91V(1)(a); and";
(c) in proposed section 91Y(4)(b) of the
Residential Tenancies Act 1997, for "(b)"
substitute "(c)".
95 New Division 10 of Part 3 inserted
(1) In section 237 of the Residential Tenancies
Amendment Act 2018, for proposed section
142T(1) of the Residential Tenancies Act 1997
substitute--
"(1) On an application under section 142S(1)(a),
if satisfied as to the matters set out in
subsection (1B), the Tribunal may make an
order terminating the existing fixed term
rooming house agreement or agreement
under section 94(2).".
(2) In section 237 of the Residential Tenancies
Amendment Act 2018, after proposed
section 142T(1) of the Residential Tenancies
Act 1997 insert--
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"(1A) On an application under section 142S(1)(b),
if satisfied as to the matters set out in
subsection (2), the Tribunal may make an
order--
(a) terminating the existing fixed term
rooming house agreement or agreement
under section 94(2); and
(b) requiring the rooming house operator to
enter into a new fixed term rooming
house agreement or agreement under
section 94(2) with the person and other
persons (if any) referred to in the
application.
(1B) For the purposes of subsection (1), the
matters are--
(a) the specified person or that person's
dependent children would be likely to
suffer severe hardship if the fixed term
rooming house agreement or agreement
under section 94(2) were not
terminated; and
(b) the hardship suffered by the specified
persons would be greater than any
hardship the rooming house operator
would suffer if the order were made;
and
(c) if a resident of the rooming house is
excluded from the rooming house under
a family violence safety notice, family
violence intervention order, recognised
non-local DVO or personal safety
intervention order, it is reasonable to do
so given the length of the exclusion
under the notice or order and the length
of the existing fixed term rooming
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house agreement or agreement under
section 94(2); and
(d) it is reasonable to do so given the
interests of any other residents
(other than any excluded resident)
under the existing fixed term rooming
house agreement or agreement under
section 94(2) and, in particular, whether
the other residents support the specified
person's application.".
(3) In section 237 of the Residential Tenancies
Amendment Act 2018, in proposed
section 142T(2) of the Residential Tenancies
Act 1997, for "(1)" substitute "(1A)".
(4) In section 237 of the Residential Tenancies
Amendment Act 2018, in proposed section
142T(4) of the Residential Tenancies Act 1997,
for "(1)(b)" substitute "(1A)".
(5) In section 237 of the Residential Tenancies
Amendment Act 2018, in proposed section
142T(5) of the Residential Tenancies Act 1997,
for "(1)(a)" substitute "(1)".
(6) In section 237 of the Residential Tenancies
Amendment Act 2018, in proposed section
142T(6) of the Residential Tenancies Act 1997,
for "(1)(b)" substitute "(1A)".
(7) In section 237 of the Residential Tenancies
Amendment Act 2018, in proposed section
142T(7) of the Residential Tenancies Act 1997,
after "(1)" insert "or (1A)".
(8) In section 237 of the Residential Tenancies
Amendment Act 2018, in proposed section
142U(1) of the Residential Tenancies Act 1997,
after "142T(1)" insert "or (1A)".
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(9) In section 237 of the Residential Tenancies
Amendment Act 2018--
(a) in proposed section 142V(4)(a) of the
Residential Tenancies Act 1997, after
"142T(2)" insert ", in the case of an
application under section 142S(1)(b)";
(b) after proposed section 142V(4)(a) of the
Residential Tenancies Act 1997 insert--
"(b) as to those matters set out in section
142T(1B), in the case of an application
under section 142S(1)(a); and";
(c) in proposed section 142V(4)(b) of the
Residential Tenancies Act 1997, for "(b)"
substitute "(c)".
96 New Division 9 of Part 4 inserted
(1) In section 238 of the Residential Tenancies
Amendment Act 2018, for proposed section
206AH(1) of the Residential Tenancies Act 1997
substitute--
"(1) On an application under section
206AG(1)(a), if satisfied as to the matters set
out in subsection (1B), the Tribunal may
make an order terminating the existing
agreement under section 144.".
(2) In section 238 of the Residential Tenancies
Amendment Act 2018, after proposed
section 206AH(1) of the Residential Tenancies
Act 1997 insert--
"(1A) On an application under section
206AG(1)(b), if satisfied as to the matters set
out in subsection (2), the Tribunal may make
an order--
(a) terminating the existing agreement
under section 144; and
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(b) requiring the caravan park owner or
caravan owner (as the case may be) to
enter into a new agreement under
section 144 with the person and other
persons (if any) referred to in the
application.
(1B) For the purposes of subsection (1), the
matters are--
(a) the specified person or that person's
dependent children would be likely to
suffer severe hardship if the agreement
under section 144 were not terminated;
and
(b) the hardship suffered by the specified
persons would be greater than any
hardship the caravan park owner or
caravan owner (as the case may be)
would suffer if the order were made;
and
(c) if a resident is excluded from the site,
caravan or caravan park under a family
violence safety notice, family violence
intervention order, recognised non-local
DVO or personal safety intervention
order, it is reasonable to do so given the
length of the exclusion under the notice
or order and the length of the existing
agreement under section 144; and
(d) it is reasonable to do so given the
interests of any other residents
(other than any excluded resident)
under the existing agreement under
section 144 and, in particular, whether
the other residents support the specified
person's application.".
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(3) In section 238 of the Residential Tenancies
Amendment Act 2018, in proposed
section 206AH(2) of the Residential Tenancies
Act 1997, for "(1)" substitute "(1A)".
(4) In section 238 of the Residential Tenancies
Amendment Act 2018, in proposed section
206AH(4) of the Residential Tenancies
Act 1997, for "(1)(b)" substitute "(1A)".
(5) In section 238 of the Residential Tenancies
Amendment Act 2018, in proposed section
206AH(5) of the Residential Tenancies
Act 1997, for "(1)(a)" substitute "(1)".
(6) In section 238 of the Residential Tenancies
Amendment Act 2018, in proposed section
206AH(6) of the Residential Tenancies
Act 1997, for "(1)(b)" substitute "(1A)".
(7) In section 238 of the Residential Tenancies
Amendment Act 2018, in proposed section
206AH(7) of the Residential Tenancies
Act 1997, after "(1)" insert "or (1A)".
(8) In section 238 of the Residential Tenancies
Amendment Act 2018, in proposed section
206AI(1) of the Residential Tenancies Act 1997,
after "206AH(1)" insert "or (1A)".
(9) In section 238 of the Residential Tenancies
Amendment Act 2018--
(a) in proposed section 206AJ(4)(a) of the
Residential Tenancies Act 1997, after
"206AH(2)" insert ", in the case of an
application under section 206AG(1)(b)";
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(b) after proposed section 206AJ(4)(a) of the
Residential Tenancies Act 1997 insert--
"(b) as to those matters set out in section
206AH(1B), in the case of an
application under section 206AG(1)(a);
and";
(c) in proposed section 206AJ(4)(b) of the
Residential Tenancies Act 1997, for "(b)"
substitute "(c)".
97 New Division 11 of Part 4A inserted
(1) In section 239 of the Residential Tenancies
Amendment Act 2018, for proposed section
207N(1) of the Residential Tenancies Act 1997
substitute--
"(1) On an application under section 207M(1)(a),
if satisfied as to the matters set out in
subsection (1B), the Tribunal may make an
order terminating the existing site agreement
for the Part 4A site.".
(2) In section 239 of the Residential Tenancies
Amendment Act 2018, after proposed
section 207N(1) of the Residential Tenancies
Act 1997 insert--
"(1A) On an application under section 207M(1)(b),
if satisfied as to the matters set out in
subsection (2), the Tribunal may make an
order--
(a) terminating the existing site agreement
for the Part 4A site; and
(b) requiring the site owner to enter into a
new site agreement for the Part 4A site
with the person and other persons
(if any) referred to in the application.
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(1B) For the purposes of subsection (1), the
matters are--
(a) the specified person or that person's
dependent children would be likely to
suffer severe hardship if the site
agreement for the Part 4A site were not
terminated; and
(b) the hardship suffered by the specified
persons would be greater than any
hardship the site owner would suffer if
the order were made; and
(c) if a site tenant is excluded from the
Part 4A dwelling under a family
violence safety notice, family violence
intervention order, recognised non-local
DVO or personal safety intervention
order, it is reasonable to do so given the
length of the exclusion under the notice
or order and the length of the existing
site agreement for the Part 4A site; and
(d) it is reasonable to do so given the
interests of any other site tenants
(other than any excluded site tenant)
under the existing site agreement for
the Part 4A site and, in particular,
whether the other site tenants support
the specified person's application.".
(3) In section 239 of the Residential Tenancies
Amendment Act 2018, in proposed
section 207N(2) of the Residential Tenancies
Act 1997, for "(1)" substitute "(1A)".
(4) In section 239 of the Residential Tenancies
Amendment Act 2018, in proposed section
207N(4) of the Residential Tenancies Act 1997,
for "(1)(b)" substitute "(1A)".
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(5) In section 239 of the Residential Tenancies
Amendment Act 2018, in proposed section
207N(5) of the Residential Tenancies Act 1997,
for "(1)(a)" substitute "(1)".
(6) In section 239 of the Residential Tenancies
Amendment Act 2018, in proposed section
207N(6) of the Residential Tenancies Act 1997,
for "(1)(b)" substitute "(1A)".
(7) In section 239 of the Residential Tenancies
Amendment Act 2018, in proposed section
207N(7) of the Residential Tenancies Act 1997,
after "(1)" insert "or (1A)".
(8) In section 239 of the Residential Tenancies
Amendment Act 2018, in proposed section
207O(1) of the Residential Tenancies Act 1997,
after "207N(1)" insert "or (1A)".
(9) In section 239 of the Residential Tenancies
Amendment Act 2018--
(a) in proposed section 207P(4)(a) of the
Residential Tenancies Act 1997, after
"207N(2)" insert ", in the case of an
application under section 207M(1)(b)";
(b) after proposed section 207P(4)(a) of the
Residential Tenancies Act 1997 insert--
"(b) as to those matters set out in section
207N(1B), in the case of an application
under section 207M(1)(a); and";
(c) in proposed section 207P(4)(b) of the
Residential Tenancies Act 1997, for "(b)"
substitute "(c)".
98 Order of Tribunal
In section 244(4) of the Residential Tenancies
Amendment Act 2018, in proposed section
330(3) of the Residential Tenancies Act 1997,
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for '91ZK, 142ZD, 206AS or 207Y."' substitute
'91ZJ, 142ZC, 206AR or 207X."'.
99 New Part 10B inserted
In section 310 of the Residential Tenancies
Amendment Act 2018, in proposed
section 439P(2) of the Residential Tenancies
Act 1997, for "the information specified in
subsection (3)" substitute "any information
specified in subsection (3) that is given to the
Director by the Tribunal".
100 Service of documents
After section 337(1) of the Residential Tenancies
Amendment Act 2018 insert--
'(1A) In section 506(3) of the Principal Act, for
"Part 6" substitute "this Act, other than
under Part 12A,".'.
101 Regulations
In section 340(a) of the Residential Tenancies
Amendment Act 2018, for proposed
section 511(1)(ac)(iii) of the Residential
Tenancies Act 1997 substitute--
'(iii) prescribing or requiring compliance with any
other standards prescribed under any other
Act or law in relation to, or applicable to, the
condition of any residential premises,
including energy and water efficiency
standards;
(iv) prescribing or requiring compliance with
industry minimum standards;";'.
102 Consequential amendments of Part 8
After section 362(2) of the Residential Tenancies
Amendment Act 2018 insert--
'(2A) In section 370(2) of the Principal Act, for
"376(1)(b)," substitute "376(1B),".'.
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Division 2--Consequential amendment of Victorian
Civil and Administrative Tribunal Act 1998
103 New section 147A inserted
After section 147 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"147A Information sharing functions--
Residential Tenancies Act 1997
(1) It is a function of the Tribunal, on making a
registrable order to give the Director of
Consumer Affairs Victoria, as soon as
practicable, the following information--
(a) the name of the residential rental
provider to whom the order relates;
(b) the address of the residential rental
provider to whom the order relates
(if disclosed to the Tribunal);
(c) the address of the rented premises in
respect of which the order was made;
(d) if the residential rental provider has an
agent, the business name and address of
the agent;
(e) the date of the order;
(f) the provision of the Residential
Tenancies Act 1997 that the residential
rental provider was found to have
contravened (if recorded on the order).
(2) It is a function of the Tribunal, on receiving
an application which includes a claim for
repayment of a bond, if requested by the
Authority, to give the Authority, as soon as
practicable, the following information--
(a) the names of each of the parties to the
application;
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Part 7--Amendment of Residential Tenancies Amendment Act 2018
(b) the address of the rented premises in
respect of which the bond is held;
(c) the business name and business address
of the residential rental provider's agent
(if disclosed on the application);
(d) the date of the application;
(e) the bond number assigned to the bond
by the Authority (if disclosed on the
application).
(3) It is a function of the Tribunal, on making an
order under section 419A, 420A or 420B of
the Residential Tenancies Act 1997, if
requested by the Authority, to give the
Authority, as soon as practicable, the
following information--
(a) the name of each party to the
application on which the order was
made;
(b) the address of the rented premises in
respect of which the bond is held;
(c) the business name and business address
of the residential rental provider's agent
(if disclosed to the Tribunal);
(d) the bond number assigned to the bond
by the Authority (if disclosed to the
Tribunal);
(e) any transfer details or payee amounts
set out in the order;
(f) the date of the order;
(g) any other details included in the order.
(4) This section does not limit--
(a) the closing of a file under section 146;
or
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Part 7--Amendment of Residential Tenancies Amendment Act 2018
(b) a suppression order under the Open
Courts Act 2013.
(5) In this section--
Authority means the Residential Tenancies
Bond Authority established under the
Residential Tenancies Act 1997;
bond has the same meaning as in
section 3(1) of the Residential
Tenancies Act 1997;
registrable order means an order of the
Tribunal under Part 5 of the
Residential Tenancies Act 1997 which
requires a residential rental provider
to--
(a) remedy a contravention; or
(b) pay compensation; or
(c) refrain from committing a
contravention;
rented premises has the same meaning as in
section 439O of the Residential
Tenancies Act 1997;
residential rental provider has the same
meaning as in section 439O of the
Residential Tenancies Act 1997.".
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Part 8--Amendment of Rooming House Operators Act 2016
Part 8--Amendment of Rooming House
Operators Act 2016
104 Duration of licence
After section 20(1) of the Rooming House
Operators Act 2016 insert--
"(1A) If an application for renewal of a licence is
made under Division 2 within the period
referred to in section 10 and the renewal
does not occur before the end of that period,
the licence continues in force after the expiry
of the licence period until the licence is
either renewed or the application is refused.".
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Part 12--Statute law revision
Part 12--Statute law revision
Division 1--Amendment of Conveyancers Act 2006
134 Approval of auditors
In section 83(1)(a)(i) of the Conveyancers
Act 2006, for "the Institute of Chartered
Accountants in Australia;" substitute "Chartered
Accountants Australia and New Zealand;".
135 Courses of education for auditors
In section 90(2) of the Conveyancers Act 2006,
for "the Institute of Chartered Accountants in
Australia" substitute "Chartered Accountants
Australia and New Zealand".
136 Statute law revision
In section 188(2)(d)(ii) of the Conveyancers
Act 2006, for "corporation" substitute "body
corporate".
Division 2--Amendment of Estate Agents Act 1980
137 Definitions
In section 4(1) of the Estate Agents Act 1980, in
paragraph (a) of the definition of approved
auditor, for "The Institute of Chartered
Accountants in Australia;" substitute "Chartered
Accountants Australia and New Zealand;".
138 Estate Agents Council
In section 6(2) of the Estate Agents Act 1980--
(a) in paragraph (c), for "1" substitute "one";
(b) in paragraph (d)--
(i) for "1" substitute "one";
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(ii) for "The Institute of Chartered
Accountants in Australia;" substitute
"Chartered Accountants Australia and
New Zealand".
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Part 13--Repeal of this Act
Part 13--Repeal of this Act
139 Repeal of this Act
This Act is repealed on 1 June 2022.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to make
miscellaneous amendments to the Associations Incorporation Reform
Act 2012, the Australian Consumer Law and Fair Trading Act 2012,
the Gambling Regulation Act 2003, the Liquor Control Reform
Act 1998, the Residential Tenancies Act 1997, the Residential
Tenancies Amendment Act 2018, the Rooming House Operators
Act 2016, the Victorian Civil and Administrative Tribunal Act 1998 to
make statute law revision amendments to consumer Acts and for other
purposes."
By Authority. Government Printer for the State of Victoria.
71
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