Tuesday, 27 May 2025
Bills
Gambling Legislation Amendment (Pre-commitment and Carded Play) Bill 2024
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Gambling Legislation Amendment (Pre-commitment and Carded Play) Bill 2024
Council’s amendments
The ACTING SPEAKER (Paul Hamer) (18:15): I have received a message from the Legislative Council agreeing to the Gambling Legislation Amendment (Pre-commitment and Carded Play) Bill 2024 with amendments.
Ordered that amendments be taken into consideration immediately.
Message from Council relating to the following amendments considered:
1. Clause 11, omit this clause.
2. Clause 12, line 9, omit “section 3.8A.13A” and insert “sections 3.8A.13A to 3.8A.13C”.
3. Clause 12, after line 11 insert –
‘“3.8A.13A Direction for player accounts
(1) The Minister may, by instrument, direct the monitoring licensee to ensure that a person cannot play a game on a gaming machine in an approved venue unless a player account has been established for the person.
(2) A direction under subsection (1) must be –
(a) given to the monitoring licensee; and
(b) published in the Government Gazette.
(3) It is a condition of the monitoring licence that the licensee must comply with a direction under subsection (1).
(4) A direction under subsection (1) may apply on different days in relation to different geographical areas, different venues or different gaming machines.
3.8A.13B Tabling and revocation of direction by Parliament
(1) The Minister must cause a direction under section 3.8A.13A to be laid before each House of the Parliament within 10 sitting days after the direction is published in the Government Gazette.
(2) A direction under section 3.8A.13A is revoked in whole or part if –
(a) notice of a resolution to revoke the direction is given in a House of the Parliament on or before the 10th sitting day after the direction is laid before that House; and
(b) the resolution is passed by that House on or before the 12th sitting day after notice is given under paragraph (a).
(3) If a direction under section 3.8A.13A is revoked under subsection (2) –
(a) any provision of a previous direction under section 3.8A.13A that had been revoked by the direction comes back into operation from the beginning of the day on which the direction is revoked; and
(b) any provision of a previous direction under section 3.8A.13A that had been amended by the direction takes effect without that amendment from the beginning of the day on which the direction is revoked as if the amendment had not been made.
(4) The Minister must publish a notice of the revocation of a direction or part of a direction under subsection (2) in the Government Gazette.’.
4. Clause 12, line 12, omit ‘“3.8A.13A’ and insert “3.8A.13C”.
5. Clause 12, lines 15 and 16, omit “referred to in section 3.8A.2(1A) is in force” and insert “is in force under section 3.8A.13A”.
6. Clause 16, page 9, line 10, omit “3.8A.13A(3)” and insert “3.8A.13C(3)”.
That the amendments be agreed to.
The Gambling Legislation Amendment (Pre-commitment and Carded Play) Bill 2024 continues the work of the Labor government in reducing gambling harm while ensuring that community clubs, RSLs and hospitality venues remain an important part of Victorian life. In particular I want to acknowledge the work of my colleague in the other place, member for Northern Metropolitan the Honourable Enver Erdogan, who is not only Minister for Corrections but also the Minister for Casino, Gaming and Liquor Regulation. I want to thank him for his work in negotiations with those in the other place to bring these reforms to the Parliament, particularly with regard to reducing gambling harm and the precommitment and carded play policy arrangements.
What I should touch on in this matter coming back to the Assembly is with regard to the house amendments. The house amendments ensure that the minister’s direction is subject to parliamentary oversight, just like other regulations in the bill, and give the minister the tools to manage the rollout carefully while keeping decisions transparent and accountable.
It is an opportunity also to acknowledge in my own electorate the West Heidelberg sub-branch of the RSL, which is better known as RSL on Bell, where I have been a member, I notice, for 20 years this year – time does fly. We had very significant event there for Anzac Day. It has been a gathering point for people across our community for decades and decades. I just want to thank the volunteers who make it happen. They are places of belonging, a place for people in our local community to get together to have a relatively cheap meal and some social occasion. They also raise funds of course for the community and particularly for veterans and welfare services. They do a great job. It is hard work to make it all happen, but they should know on that volunteer committee about a lot of the obligations, which are very important, and about the significant regulation of the gaming industry. But they provide broader work for veterans and a place to call home for so many in our community who want to socialise and come together to do that in company with others, and I really do value the work they do. It is a great club, the RSL on Bell in West Heidi.
On our other many community clubs and hospitality venues, I just want to say they are massive employers in our community. We know that across the sector, across our state, much of it engaged with my portfolio of racing, they are also a great combination with many of our race clubs, which also provide these services and drive great opportunities for economic development as well as employment opportunities.
I would also like to acknowledge the constructive work of the Australian Hotels Association and their engagement with the government and also with colleagues and the strong advocacy they put towards the work that is done to support employment and economic opportunities for so many Victorians. The government will continue to support the work that they do in an industry that is highly regulated, for very good reason, and also provides support for so many families not only to come together and enjoy each other’s company but to provide the great job opportunities and the economic prosperity that occur through the many services that the minister has the opportunity to regulate. I commend the house amendments to the Assembly.
Danny O’BRIEN (Gippsland South) (18:20): I am just going to say a few words on this amendment, which the opposition is supportive of. Indeed it was one of the four issues that we raised in a reasoned amendment in this place, where we opposed the bill at the time. But I am pleased to advise that there have been some good discussions with the government and the minister in the other place and that this amendment did address one of the issues we had, which was the lack of parliamentary oversight of directions. One of the criticisms we had of this bill was, firstly, we were never convinced and remain unconvinced that mandatory carded play will do what the government thinks it will do in terms of addressing gambling harm. But we were also concerned that the bill provided a head of power for the minister, and this particular amendment addresses our concern that the ministerial direction to implement mandatory carded play was not a disallowable instrument. Now we have that through these two amendments. They effectively do the same thing, so we are supportive of that. That addresses the parliamentary oversight aspect. We raised our concerns about the evidence behind mandatory carded play actually delivering on preventing harm; that remains a concern for us.
On two other issues that we raised in our reasoned amendment, one was the potential impact on border clubs, which the minister has indicated can be addressed by clauses that allow the minister of the day to make directions on a geographical basis so there can be a different rule for different parts of the state. More particularly I am somewhat comforted by the timing arrangements. The minister has indicated that effectively the full implementation of this will not occur before the new monitor is appointed in 2027. That is a good thing, and that was always a sensible arrangement. Why would you not actually just wait until we got a new monitor in place with potentially new technology and new innovation? So I am pleased to have got the minister on the record that that is the case. That being the case, that lessens the potential impact on border clubs and those in rural and regional Victoria, because this will not actually happen until after the election now.
The fourth thing, which is also related, is the minister’s interest in looking at alternative technologies, whether that is facial recognition technology or whether that is automated systems that are used in South Australia. I am pleased that the minister also gave an undertaking that he and his department are looking at what has been done in South Australia and what now New South Wales appears to be looking at as well, because if we can harmonise with those states, it does remove some of the issues for our border clubs and pubs. So I am pleased, and I thank the minister for his engagement on this issue. As I said, we are not particularly enamoured with the idea of mandatory carded play and whether it will actually work, but I am pleased that the minister has shown some flexibility and will look also at emerging technologies. With those words I end my time as the Shadow Minister for Liquor and Gaming, which actually technically finished some time ago. But I started with this bill, and I hand it over to my good friend and colleague the member for Ovens Valley and will let him say a few words as well.
Pauline RICHARDS (Cranbourne) (18:23): I would like to take the opportunity to say a couple of words around the work that is being done in precommitment and carded play and particularly the gambling legislation amendment. I would also like to pay credit to the work that has been done in the other place but acknowledge in particular the work that has been done by the previous minister for gaming. We have spoken a lot about the late, great Peta Murphy, the late member for Dunkley. I know her close personal friendship with the previous minister for gaming and the importance of the work in areas like mandatory closure periods – knowing that between 4 am and 10 am gaming areas will be closed – and mandatory carded play for pokies at Crown. I also would just like to bring to the attention of the house that whilst many community clubs make a contribution to local communities, I look forward to seeing the contributions being expended appropriately for the broad benefit of all in our communities. That is something I will be looking for in my community, and I know that many members will also be looking for that. Otherwise, I look forward to the passage of these amendments.
Tim McCURDY (Ovens Valley) (18:25): I also want to make a brief contribution, as others have, on the Council’s amendments to the Gambling Legislation Amendment (Pre-commitment and Carded Play) Bill 2024, better known as the carded play bill. We raised in both chambers that the Liberals and Nationals always want to support the reduction of gambling harm, but at the same time we certainly understand that gambling is a legitimate pastime for many. We want to be clear that, even after these amendments have gone through, this is not our policy. The amendments certainly improve what came through this place the first time around. However, the changes were made in good faith in both houses.
I note that the government still intends to do a trial later in the year. I am not sure how that will roll out. I do not think the government is even sure how that will roll out and how it will be effective, but I note that that will still occur. We on this side of the chamber will always stand up for our local pubs and community clubs. It is really important that we do so and make it as fair a playing field as we can.
I also want to acknowledge the advocacy of the Australian Hotels Association. Certainly we know that the greater parliamentary oversight that has occurred between the two houses, as I said, is a positive step. We did oppose this bill the first time it went through the Assembly, but we are now not opposing it. I commend the Council’s amendments to this place.
Motion agreed to.
The ACTING SPEAKER (Paul Hamer): A message will now be sent to the Legislative Council informing them of the house’s decision.