The main purposes of the Bill are to –

• amend the Forestry Rights Act 1996 (the Act) to provide for rights to the commercial exploitation of carbon sequestered by trees; and

• provide for consent of holders of registered mortgages or charges to be obtained in relation to certain forest property agreements.

The Committee notes the preamble in the explanatory memorandum –

Article 17 of the Kyoto Protocol allows for developed countries’ participation in emissions trading for the purposes of meeting their assigned targets for reductions in greenhouse gas emissions. Article 3.3 of the Kyoto Protocol recognises sinks as an acceptable way for countries to offset greenhouse gas emissions.

The Government supports the development of carbon trading which can generate significant funds for the planting of new forests paid by industries that emit greenhouse gases. As a first step to enable private sector trading in carbon credits for sink creation, this Bill provides for the right to commercially exploit carbon sequestered by trees.

Clause 2 the provisions in the Bill come into operation on the day after Royal Assent.

Clause 6 inserts new sections 12 to 15 dealing with carbon rights agreements. A forest property owner may grant carbon sequestration rights to another person.

Clause 7 amends section 3 and provides definitions for ‘holder of a registered mortgage or charge’ and ‘registered mortgage or charge’.

Clause 8 inserts new sub-section (2) in both sections 5 and 7 of the Act.

New section 5(2) provides that an owner of land must not enter into a forest property agreement if the agreement relates to land which is subject to a registered mortgage or charge unless the owner of that land has first obtained the written consent of the holder of the registered mortgage or charge to that agreement; or consent has been deemed to have been given in accordance with section 7A(3); or the Supreme Court has granted an Order dispensing with consent under section 7B.

New section 7(2) provides that if the forest property agreement to be amended relates to land which is subject to a registered mortgage or charge, the parties to that agreement must not amend that agreement unless the owner of that land has first obtained the written consent of the holder of the registered mortgage or charge to that amendment; or consent has been deemed to have been given in accordance with section 7A(3); or the Supreme Court has granted an Order dispensing with consent under section 7B.

Clause 9 inserts new sections 7A and 7B in the Act.

New section 7A provides the process and requirements for a land owner to request consent from the holder of a registered mortgage to an amendment of a forest property agreement. Where the holder of the registered mortgage or charge fails to respond to a request by the land owner, consent is deemed to have been given 28 days after the request notice is given.

New section 7B provides that the Supreme Court may dispense with consent, if consent is unreasonably withheld by the holder of a registered mortgage or charge.

The Committee makes no further comment.

The main purpose of the Bill is to make amendments to the Gaming Machine Control Act 1991, the Gaming and Betting Act 1994, the Casino Control Act 1991, the Gaming No. 2 Act 1997, and the Interactive Gaming (Player Protection) Act 1999 to –

• require the Victorian Casino and Gaming Authority (the Authority) to –

(i) hold public hearings on certain matters;

(ii) give reasons for certain decisions;

• allow the Victorian Casino and Gaming Authority to –

(i) divulge certain information;

(ii) exchange certain information with other enforcement and regulatory agencies;

• allow for an approval of premises under the Gaming Machine Control Act 1991 to be granted before the applicant has obtained any liquor approvals or other requirements of the Authority.

Clause 2 provides that sections 1 and 2 come into operation on the day after Royal Assent. The remaining provisions, except sections 25 and 55, come into operation on proclamation but not later than by 1 December 2001. Section 25 is deemed to have come into operation on 31 August 1998. Section 55 is deemed to have come into operation on 8 June 1999.

Clause 6 inserts a new paragraph in the definition of ‘disciplinary action’ in section 51(1) to allow the Authority to impose a cancellation of the licence and disqualification from obtaining or applying for a licence or permit under the Act, the Casino Control Act 1991, the Gaming and Betting Act 1994 or the Gaming No. 2 Act 1997 for a specified period not exceeding 4 years.

Clause 10 substitutes sections 142A(4A), (4B) and (5) for the existing 142A(5) providing that if the Authority determines that an associate of a venue operator, a gaming operator or a person listed on the Roll has engaged or is engaging in conduct that, in the Authority's opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the business of the venue operator, gaming operator or person listed on the Roll, the Authority may issue a written warning to the associate that the conduct is unacceptable; or give written notice to the associate requiring the associate to give a written undertaking to the Authority, within the period specified in the notice, regarding the future conduct of the associate.

If the association is not terminated within 14 days or any longer period agreed with the Authority, the Authority may, by notice in writing, direct the venue operator, gaming operator or person listed on the Roll to take all reasonable steps to terminate the association and the venue operator, gaming operator or person listed on the Roll must comply with the direction within 14 days or any longer period agreed with the Authority.

Clause 21 inserts new sections 113, 114 and 115.

New section 113 will allow the Authority to hold its meetings and inquiries for the purposes of the Act in public or private. However certain hearings may be held in private where the Authority determines that there are special circumstances requiring that the inquiry or meeting or part of the inquiry or meeting should be held in private.

New section 114 requires the Authority to give written statement of reasons after a public hearing or on request of its decision made in relation to any matter required by section 113 to be held in public, within 14 days after the decision. The Authority must give a written statement of reasons for a decision to a person who requested it in accordance with section 115 within 28 days after receiving the request.

New section 115 provides that a person whose interests are affected by a decision of the Authority may request the Authority to give them a written statement of reasons for the decision.

Clause 22 repeals sections 12H(4), 25(4) and 27(4B) being provisions in the Act that provide the Authority a discretion to give reasons for its decision. These are consequential amendments needed to give effect to the provisions in clause 21 (new sections 114 and 115).

Clause 22(2) inserts a new section 107A(2A) and deals with a delegation power providing –

Despite sub-section (1), the Authority may, by instrument under its official seal, delegate to one or more members of the Authority or the Director any power or function under sections 28A or 28B.

Sections 28A and 28B are inserted by clause 5 of the Bill and deal with the duty of venue operators to notify the Authority of certain changes such as an amalgamation of incorporated associations or an application for a liquor licence.

Clause 23 makes amendments to section 139 relating to secrecy of information relating to gaming operators and adds information in respect to the affairs of a person acquired in accordance with a memorandum of understanding that must not, except in the course of official duties under the Act, make a record of or be divulged.

The amendments also further clarify the further circumstances in which a person may divulge information acquired under the Act or in accordance with a memorandum of understanding.

Further amendments will require that certain gambling venue expenditure information must be aggregated where there are less than 3 venues operating in a municipal district. This is consistent with Australian Bureau of Statistics conventions.

Clause 24 inserts a new section 140 permitting the Authority to enter into a memorandum of understanding with an enforcement agency that provides for the divulgence to the enforcement agency of information with respect to the affairs of a person acquired by the Authority in the performance of functions under this Act; and the divulgence to the Authority of information with respect to the affairs of a person acquired by the enforcement agency. A memorandum of understanding must specify the kind of information to be divulged and the purposes for which it may be used; and contain an undertaking that each party to the memorandum will use information divulged to it only for the purposes specified in the memorandum; and consents to the taking of injunctive action to restrain the unauthorised use of the information.

Clause 25 amends section 134(7) of the Act to re-insert words that were inadvertently removed from the sub-section when the section was amended by section 13(2) of the Gaming Acts (Further Amendment) Act 1997. To rectify this oversight the amendment is retrospective to 31 August 1998.

Clause 30 amends section 127 and makes similar provisions to clause 23.

Clause 31 inserts a new section 127A dealing with memorandum of understanding and is identical to amendments made in clause 24.

Clause 32 inserts new sub-sections (6) and (7) into section 95 allowing the Authority to hold its meetings in public or private. The Authority may direct that a meeting or part of a meeting be held in private if it considers it necessary to do so to prevent the unreasonable divulgence of information relating to the personal affairs of any person, including a deceased person or if it is otherwise in the interests of justice or the public interest to do so.

Clause 33 amends section 92A and inserts a new sub-section (2) to provide –

The Authority may, by instrument in writing, delegate to the Director its powers and functions under section 127A.

Section 127A is inserted by clause 31.

Clause 34 inserts new sections 93A and 93B dealing with the duty of the Authority to give a written statement of its decisions and reasons after a public meeting or on the request of a person affected by a decision of the Authority.

Clause 41 amends section 28A(5) dealing with the on-going monitoring of associates. The clause substitutes new sub-sections (4A), (4B) and (5).

Clause 44 amends sections 52, 53 and 54 dealing with the cancellation, disqualification and suspension of casino licences.

Clause 48 amends section 143 and deals with public hearings and provides –

that an inquiry or meeting for the purposes of making a finding or a determination relating to the following matters must be conducted in public unless the Authority determines that there are special circumstances requiring that the inquiry or meeting or part of the inquiry or meeting should be held in private--

(a) the grant of a casino licence under section 13;

(b) the amendment of the conditions of a casino licence under section 16;

(c) the definition or redefinition of boundaries of a casino under section 17;

(d) the giving or varying of a direction about the days and times of operation of a casino under section 65.

The Authority may direct that an inquiry or meeting or part of an inquiry or meeting be held in private if it considers it necessary to do so, to prevent the unreasonable divulgence of information relating to the personal affairs of any person including a deceased person; or it is otherwise in the interests of justice or the public interest to do so.

Clause 49 inserts new sections 145 and 146 providing the Authority is to give a written statement after a public hearing or on request. The provisions are identical to the ones provided in clause 21.

Clause 50 inserts new provisions into section 50 of the Act which identical to the provisions in clause 23 dealing with secrecy of information where there is a memorandum of understanding between the Authority and an enforcement agency.

Clause 51 inserts new section 151A in terms identical to clause 24, dealing with a memorandum of understanding with enforcement agencies.

Clause 54 repeals section 24(4) allowing the Authority a discretion to give reasons for its decisions.

Clause 56 inserts new section 43(2) to provide that the Authority may give directions to licensed providers about the conduct of games that the licensed provider is authorised to conduct under this Act; and how licensed providers must foster responsible gambling by players of interactive games in order to minimise harm caused by problem gambling; and accommodate those who gamble without harming themselves or others.

Clause 57 inserts new section 66(3) and (4) to allow the Authority to hold its meetings in public or private. An inquiry or meeting for the purposes of making a finding or a determination relating to the grant of an interactive gaming licence must be conducted in public unless the Authority determines that there are special circumstances requiring that the inquiry or meeting, or part of the inquiry or meeting, should be held in private.

Clause 58 inserts new sections 67A and 67B dealing with the duty of the Authority to give a written statement about certain decisions or on request. The form of the new sections is identical to those inserted by clause 21.

Clause 60 amends section 60 dealing with secrecy (not to divulge certain information) and is similar in scope to the provisions inserted by clause 23.

Clause 61 inserts new section 69A dealing with a memorandum of understanding with enforcement agencies in a form identical to those found in clause 24.

Clause 62 amends section 104(3) dealing with secrecy of information (duty not to divulge) in a form substantially similar to the provisions inserted by clause 23.

Clause 63 inserts new sections 96(3) and (4) relating to public hearings and provides that an inquiry or meeting for the purposes of making a finding or determination relating to the certain matters must be conducted in public unless the Authority determines that there are special circumstances requiring that the inquiry or meeting should be held in private.

The Authority may direct that an inquiry or meeting be held in private if it considers it necessary to do so to prevent the unreasonable divulgence of information relating to the personal affairs of any person including a deceased person; or it is otherwise in the interests of justice or the public interest to do so.

The Committee makes no further comment.

The purpose of the Bill is to amend the Casino Control Act 1991 and the Gaming Machine Control Act 1991 to impose an annual levy on gaming machines operating in Victoria.

Clause 2 the provisions in the Bill come into operation on the day after Royal Assent.

Clause 3 inserts new sections 114A and 114B in the Casino Control Act 1991.

New section 114A provides that a casino operator must pay to the Director for payment into the Consolidated Fund, each financial year, a levy of $333.33 in respect of each gaming machine operating in the casino on 30 September in that year.

New section 114B provides that in respect of each financial year there is to be paid out of the Consolidated Fund into the Hospitals and Charities Fund under the Health Services Act 1988 an amount equal to the amount paid into the Consolidated Fund under section 114A in that financial year.

Clause 5 inserts new sections 135A and 135B in the Gaming Machine Control Act 1991.

New section 135A provides that a gaming operator must pay to the Director for payment into the Consolidated Fund each financial year a levy of $333.33 in respect of each gaming machine of the gaming operator that is operating at an approved venue on 30 September in that year.

New section 135B provides that in respect of each financial year there is to be paid out of the Consolidated Fund into the Hospitals and Charities Fund under the Health Services Act 1988 an amount equal to the amount paid into the Consolidated Fund under section 135A in that financial year.

The Committee makes no further comment.

The main purpose of the Bill is to amend the Gaming No. 2 Act 1997 (the Act) to –

• provide for pooling of funds in bingo centres;

• make further provision in relation to community and charitable organisations by providing for –

(i) a more transparent application process in relation to declaration of those organisations;

(ii) the conduct of trade promotion lotteries as an adjunct to the community or charitable purposes of those organisations;

(iii) the regulation of expenses charged to those organisations in conducting bingo and selling lucky envelopes;

• prohibit cash prizes on amusement machines in amusement, tourist and recreational centres;

• make further provision in the Gaming No. 2 Act 1997 for activities regulated by the Act and administration of that Act.

Clause 2 the provisions in the Bill come into operation on proclamation but not later than by 31 December 2002.

Clause 13 amends section 3 to amend the definition of ‘political party’ to include federally registered parties to be declared as community or charitable organisations.

Clause 15 inserts new sections 12A to 12J dealing with community or charitable organisations and setting out a revised procedure for the declaration of a club or person as a community or charitable organisation. These may include community purpose organisations (as defined by the Act), sporting or recreational clubs or associations of a prescribed kind; or a political party. If the Director refuses an application, the Director may include reasons for that refusal in the written notification. If the Director refuses an application for a declaration, the applicant may appeal against the decision to the Authority. After consideration of an appeal, the Authority may confirm the Director's decision; or order the Director to make a declaration under the Division. The decision of the Authority may include the reasons for its decision.

The Authority may decide to revoke a declaration in respect of a community or charitable organisation, and may give that organisation written notice offering the organisation an opportunity to show cause as to why the declaration should not be revoked on the grounds specified in the notice. A community or charitable organisation which receives a notice may arrange with the Authority for the making of submissions to the Authority as to why the declaration made under this Division in respect of that organisation should not be revoked and the Authority must consider the submission.

A person or organisation which receives written notice of the decision of the Authority under section 12E; or a written notice of the revocation of a declaration under the Division may appeal to the Supreme Court against that decision or revocation.

Clause 19 amends sections 34, 57 and 86 of the Act to extend certain objection or appeal periods from 14 to 28 days.

Clause 23 inserts new section 104A to allow the Authority the power to enter into memorandum of understanding with other enforcement agencies to share information and for the protection of that information.

A memorandum of understanding must specify the kind of information to be divulged and the purposes for which it may be used; and contain an undertaking that each party to the memorandum will use information divulged to it only for the purposes specified in the memorandum; and consents to the taking of injunctive action to restrain the unauthorised use of the information; and contain a provision that applies the law of Victoria to the divulgence of information to the enforcement agency under the memorandum and an acknowledgment that the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

"enforcement agency" means a person or body in Victoria or another jurisdiction (whether in or outside Australia) that is responsible for or engages in the administration of a law with respect to gaming or gambling; or law enforcement generally; or that is approved by the Minister.

Clause 28 inserts a new section 92(5A) providing that if the Authority decides to cancel a bingo employee's licence, the Authority may also disqualify the person whose licence is cancelled from obtaining a licence or permit under the Act, the Gaming Machine Control Act 1991, the Gaming and Betting Act 1994 or the Casino Control Act 1991 for a period not exceeding 4 years.

Clause 29 amends section 92 to allow the Director of Gaming and Betting to suspend an employee’s licence, pending disciplinary action, if the person has been charged with, convicted or found guilty of an offence against the Act or the regulations, the Casino Control Act 1991, the Gaming Machine Control Act 1991, the Club Keno Act 1993, the Gaming and Betting Act 1994 or the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts.

Clause 32 amends section 48 dealing with the monitoring of associates.

The Authority may from time to time investigate an associate of an operator or a person likely to become an associate of an operator.

If the Authority determines that an associate of an operator has engaged or is engaging in conduct that, in the Authority's opinion, is unacceptable for a person who is concerned in or associated with the ownership, administration or management of the operations or business of the operator, the Authority may do either or both of the following –

• issue a written warning to the associate that the conduct is unacceptable and require the associate to cease that conduct;

• give written notice to the associate requiring the associate to give a written undertaking to the Authority, within the period specified in the notice, regarding the future conduct of the associate.

Clause 33 inserts a new section 93(1)(aa) to make it an offence for an associate or nominee of a bingo centre to provide false or misleading information.

The Committee makes no further comment.

The main purposes of the Bill are to –

• amend the Gas Industry Act 1994 to further regulate the gas industry; and

• amend the Gas Safety Act 1997 to improve the operation of that Act.

Clause 2 Part 1 comes into operation on Royal Assent. Section 4 is deemed to have come into operation on 1 September 2000. The remaining provisions of the Bill come into operation on proclamation but not later than by 31 December 2001.

Clause 5 inserts a new function for VENCORP in section 16C(1)(ia) ‘to facilitate the implementation and operation of, and to provide services in connection with, arrangements for competition in the retail gas market in Victoria’.

Clause 7 inserts a new section 48A of the Gas Industry Act 1994 to provide for the regulation of tariffs for prescribed customers. The section provides –

The Governor in Council may, by Order published in the Government Gazette, regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of gas to prescribed customers or a class of prescribed customers.

Clause 17 inserts an additional objective of the Office of Gas Safety (the Office) in the Act as section 10(d) providing –

(d) to promote awareness of energy efficiency through energy efficiency labelling of gas installations, appliances and components and energy efficiency regulation of gas installations, appliances and components.

Clause 22 provides that the Office may, by notice published in the Government Gazette, declare that an appliance or class of appliances is no longer accepted for the purposes of the Act.

Clause 25 inserts new sections 71A to 71C.

71A provides that a person must not knowingly, recklessly or negligently supply or offer to supply or sell or offer to sell an appliance that is unsafe.

71B provides that a person must not, in connection with the supply or possible supply or sale of a Type A appliance, affix a label or compliance plate to the appliance that falsely represents that the appliance has been, and continues to be accepted under an acceptance scheme authorised under this Division; or accepted by the Office under this Division.

71C provides that a person must not knowingly, recklessly or negligently make a modification to a Type A appliance that would make the appliance unsafe to use if the appliance were used for its intended purpose.

Clause 26 substitutes a new section 76 dealing with the prohibition of supply or sale of gas installations, appliances and components. The Office, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply or sale of a gas installation or gas installations of a specified class; or an appliance or appliances of a specified class; or a component or components of a specified class.

Clause 28 substitutes a new section 78 dealing with the recall of gas installations, appliances or components.

Clause 29 repeals section 79A and inserts new sections 79A to 79D providing for further offences relating to gas safety.

79A a person, other than a gas company, must not knowingly supply or offer to supply or sell or offer to sell any type of liquefied petroleum gas for use in an appliance unless that gas meets the prescribed standards of quality; and the appliance is designed to be operated on that type of gas; and the person complies with the prescribed requirements in relation to the supply or sale of that gas.

79B provides that a person must not carry out any excavation or boring or open any ground so as to uncover or expose any pipeline owned or operated by a gas company unless the person has the authority of that gas company to do so; or if notice of the person's intention to do so is required to be given to that gas company under the regulations, the person gives that notice.

79C provides that a person must not carry out any excavation or boring or open any ground within 3 metres of a transmission pipeline unless the person has the authority of the gas company which owns or operates the transmission pipeline to do so; or if notice of the person's intention to do so is required to be given to that gas company under the regulations, the person gives that notice.

79D provides that a person must not knowingly, recklessly or negligently break, injure, open or tamper with any pipeline, gas installation or meter assembly.

Clause 31 amends section 81 to provide for a right of appeal against a declaration under section 69A that an appliance or class of appliances is no longer accepted.

Clause 32 substitutes a new section 86(4) to provide that an inspector must produce his or her identity card for inspection before performing a function under this Act or the Gas Industry Act 1994; and at any time during the performance of a function under this Act or the Gas Industry Act 1994, if asked to do so.

Clause 33 inserts new provisions in section 87 of the Act relating to powers of entry. New sub-section (1A) provides that inspectors must have prior written consent of the Office before each exercise of a power of entry for the purpose of monitoring the safety of gas installations; or determining compliance with this Act or the regulations.

New sub-section (2A) provides that an inspector may not for a purpose set out in sub-section (1)(c) or (d), enter a residence; or land (other than land that is used for a commercial or industrial purpose) on which a residence is situated.

New section 87(6) provides that if an inspector exercises a power of entry under this section, without the owner or occupier being present, the inspector must on leaving the land or premises, leave a notice setting out the time of entry and certain other details.

Clause 35 inserts a new Part 6A consisting of new sections 117AB to 117AK, to provide for the service of infringement notices for contravention of certain provisions in the Act.

117AC an inspector may serve an infringement notice on any person that he or she has reason to believe has committed a prescribed offence. An infringement notice may be served on a person by delivering it personally to the person; or by sending it by post addressed to the person's last known place of residence or business.

117AJ provides that a charge may be filed in respect of an offence to which an infringement notice relates if the infringement penalty has not been paid within the time for payment stated in the notice.

Clause 36 inserts a number of heads of regulation making power in section 118(1) of the Act relating to energy efficiency for proclaimed gas equipment. The new heads of regulation making power are –

(ya) the standards of energy efficiency and performance required for proclaimed gas equipment;

(yb) prohibiting or regulating the supply or offer of supply of proclaimed gas equipment;

(yc) the registration of proclaimed gas equipment, including--

(i) applications for registration and the renewal, modification or transfer of registration and the information to accompany the applications (including details about tests);

(ii) the granting of registration;

(iii) conditions on registration;

(iv) the transfer of registration;

(v) variation of registration;

(vi) the refusal and cancellation of registration;

(vii) the renewal and duration of registration;

(viii) the keeping of registers of proclaimed gas equipment and registration holders;

(yd) the testing, marking and labelling of proclaimed gas equipment, including the provision of samples of that equipment and labels to the Office for testing and the disposal of those samples;

(ye) reasonable fees and charges to be charged for or for the recovery of reasonable costs for--

(i) the testing, examination, marking or labelling of proclaimed gas equipment;

(ii) the preparation of reports about proclaimed gas equipment;

(iii) the registration, renewal of registration, modification of registration or transfer of registration of proclaimed gas equipment;

(yf) authorising or requiring the giving of public notices in relation to proclaimed gas equipment and the recovery of costs associated with those notices.