Wednesday, 27 August 2025
Bills
Casino and Gambling Legislation Amendment Bill 2025
Please do not quote
Proof only
Bills
Casino and Gambling Legislation Amendment Bill 2025
Statement of compatibility
Anthony CARBINES (Ivanhoe – Minister for Police, Minister for Community Safety, Minister for Victims, Minister for Racing) (10:43): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Casino and Gambling Legislation Amendment Bill 2025:
Opening paragraphs
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (Charter), I make this Statement of Compatibility with respect to the Casino and Gambling Legislation Amendment Bill 2025 (Bill).
In my opinion, the Casino and Gambling Legislation Amendment Bill 2025, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview
The Bill amends the Casino Control Act 1991 (CCA) and the Gambling Regulation Act 2003 (GRA).
The Bill amends the CCA to increase scrutiny of the casino operator, support the implementation of certain recommendations of the Royal Commission into the Casino Operator and Licence (Royal Commission) and make minor technical changes.
The Bill amends the GRA to increase the number of gaming machine entitlements a club venue operator may hold and make minor technical changes and consequential amendments.
Human rights issues
The human rights protected by the Charter that are relevant to the Bill are the rights to:
• privacy and reputation (section 13)
• be presumed innocent (section 25).
Section 13 – Privacy and reputation
Section 13 of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with.
Clause 18 of the Bill engages the right to privacy because new section 167(1)(da)(va) of the CCA provides the Governor in Council with authority to make regulations imposing requirements on the casino operator for checking player cards and verifying a person’s identity before allowing a person to play a game. These processes will likely involve the collection of personal information.
However, the amendment does not limit the right to privacy in a way that is unlawful or arbitrary. The regulation-making power is lawful and supports existing provisions in the CCA, requiring the use of an identity-verified player card. Any potential interference with privacy is not arbitrary as it will apply only to patrons seeking to gamble at the casino. The new head of power will not expand the current carded play scheme but merely empowers the government to set processes for the checking of cards and identification. This represents a reasonable and proportionate response to concerns raised by the Royal Commission, which recommended that the casino operator should be able to identify all patrons gambling at the casino, in order to reduce the incidence of money laundering.
Section 25(1) – The right to be presumed innocent
Section 25(1) of the Charter provides that a person charged with a criminal offence has the right to be presumed innocent until proved guilty. The introduction of a new offence that includes an exception, exemption, excuse or other defence may affect rights under section 25(1).
Clause 8 of the Bill inserts new subsection 28AA(1A) providing an offence where the associate of a casino operator (other than a corporate associate) fails to comply with the requirement to notify the regulator of a change in situation. The offence is accompanied by a penalty of 20 penalty units. While the amendment introduces an offence, its effect is essentially to amend the scope of the existing offence provision at section 28AA(1) of the CCA so it is limited to associates who do not fall under the new category of ‘corporate associate’.
It is my view this amendment does not limit the right under section 25(1) of the Charter because it is a technical amendment and because it does not impose a burden of proof on the accused in a manner that would engage the right to be presumed innocent.
Hon. Anthony Carbines
Minister for Police
Minister for Community Safety
Minister for Victims
Minister for Racing
Second reading
That this bill be now read a second time.
I ask that my second-reading speech be incorporated into Hansard.
Incorporated speech as follows:
The Casino and Gambling Legislation Amendment Bill 2025 will amend the Casino Control Act 1991 to deliver on government commitments to ensure the casino operator continues to run the Melbourne casino to the highest standard while reducing gambling harm. It will increase scrutiny of Crown Melbourne and support the modernisation of casino operations and implementation of Royal Commission reforms. The Bill will also amend the Gambling Regulation Act 2003 to provide additional flexibility in the electronic gaming machine (EGM) entitlements market for Victorian club venues.
Casino suitability amendments to support Royal Commission reforms
Following the Royal Commission, the government established the Victorian Gambling and Casino Control Commission (regulator) as a regulator focused solely on the gambling industry. This Bill enhances the powers of the regulator by enabling it to take to disciplinary action against the corporate associates of Crown Melbourne. It also increases the disciplinary action the regulator can take against Crown Melbourne for non-compliance with a direction specifically related to the Melbourne Transformation Plan (MTP).
Melbourne Transformation Plan
The MTP was developed by Crown Melbourne. It includes over 100 initiatives and outlines its program of improved compliance, operations, customer experience, gambling harm minimisation and investment.
To incentivise Crown Melbourne to continue its transformation and deter against loss of momentum and delays, the Bill ensures that non-compliance with a direction issued by the regulator that relates to the MTP, can be met with specific and strong disciplinary action.
Such action includes an additional fine not exceeding $1 million for every day of non-compliance with that direction.
Corporate associates
The Bill further strengthens the regulator’s powers in relation to corporate associates of Crown Melbourne to address the material influence such corporate associates have over compliance behaviour.
Amendments to the Casino Control Act in 2022 expanded on the new definition of ‘associate’ to capture the broad range of individuals and organisations that could influence the casino operator. The Bill builds on this by inserting a new definition of ‘corporate associate’, which is a subset of an associate and captures associates that are companies within the meaning of the Corporations Act 2001 (Cth).
Companies related to Crown Melbourne are likely to have influence over its operations and transformation and currently, the regulator is unable to compel information about Crown Melbourne from such companies without initiating Court proceedings. The Bill addresses this by inserting new grounds for disciplinary action that the regulator may take against a corporate associate. Such grounds include where a corporate associate has failed to comply with a duty to the regulator, with a notice issued by the regulator, and of a change in the situation of a corporate associate. A further ground includes where the regulator considers the corporate associate unsuitable to be associated with the business of the casino operator.
If a ground of disciplinary action is met, the Bill provides that action the regulator may take includes a letter of censure process, and fines of not more than $1 million for non-compliance with a direction regardless of whether the corporate associate has already been fined in relation to the same matter. Certain current penalties that apply to associates will not apply to corporate associates.
To continue to uphold the high standards expected of Crown Melbourne and its associates, the Bill further amends the Casino Control Act to provide that any disciplinary action taken by the regulator against a corporate associate can be considered in determining the suitability of that associate.
Modernising casino operations and supporting Royal Commission reforms
The Bill will make several amendments to the Casino Control Act to support the casino to modernise its operations and allow sufficient time for Royal Commission reforms to be properly implemented.
Phasing out cash at the casino to increase transparency and deter crime
As a cash-intensive business, a traditional casino is vulnerable to criminal activity, such as money laundering and terrorism financing. With these concerns in mind, the Royal Commission recommended phasing out the use of cash at the casino, save for transactions under $1,000. Amendments to the Casino Control Act in 2022 inserted a requirement that the casino operator must, from 1 December 2025, limit the amount of cash it can accept from, or pay as winnings to, a patron. The limit is $1,000 per 24 hours.
The Bill extends the deadline for the daily cash acceptance and payment of winnings limits, from 1 December 2025 to 1 December 2027. The extra time will enable the casino operator to develop, test and roll out cashless technology and transition its staff and customers. Consequential amendments will be made to other provisions that relate to that date.
The Bill introduces new provisions so a patron will be able link their digital wallet at the casino to a personal bank account in their own name. This means they can top up electronically, without ever bringing cash into the casino. This expanded approach to cashless gaming will transform the casino environment, removing anonymous transactions and deterring criminal activity.
Safeguards around cashless gaming will ensure patrons have an opportunity to reflect on their spending when adding money to the digital wallet. Under the Bill, a debit card may be used to top up the account, but only if that transaction is processed by a member of staff or via an app or website. The Bill also inserts a regulation-making power so that future regulations can be made to restrict or prohibit automatic top-ups to cashless gaming accounts. Other potential future regulations – such as requiring the casino operator to allow patrons to set a transfer limit on their account – are already within regulation-making powers.
The Bill also makes a technical change to the period to which the daily cash limits apply. Rather than a rolling 24-hour period, the Bill aligns daily limits to a calendar day to make it easier for patrons to follow their cash spend and simplify how the casino puts this into practice.
The Bill also makes technical amendments to the Casino Control Act to clarify the difference between everyday cashless gaming accounts and the types of accounts used by high rollers.
Phasing in account-based play on all games at the casino
The Royal Commission recommended making the use of a player card mandatory for all gambling at the casino. The Casino Control Act was amended in 2022 to make carded play mandatory and establish a framework for phasing in the requirement at different times for different game types. A player card has been required to play any EGM at the casino since December 2023, and it is intended that mandatory carded play will be declared to apply to electronic table games in December 2025.
More time is needed for Crown Melbourne to adapt its business model to the impacts of carded play on traditional table games. The Bill will extend the implementation deadline for the use of player cards on this remaining undeclared game type to 1 December 2027.
Once carded play is implemented at traditional table games in 2027, the casino operator will be penalised if a player card was not used at a table game because of wrongdoing or recklessness on the part of the casino. The Bill also includes regulation-making powers to support carded play requirements.
Clarifying collection of player activity statements
Player activity statements at the casino provide information on electronic gaming and help players keep track of time and money spent. The Bill will specify that a player activity statement may be collected anywhere in the casino complex. This change will not materially impact a player’s ability to access their gambling records.
Club EGM entitlements limit
The Bill will also amend the Gambling Regulation Act 2003 to increase the number of gaming machine entitlements that can be held by a club venue operator. The club cap will be increased from 840 to 1260 entitlements.
The new cap will continue to support balanced ownership across the industry, as a single operator will not be able to hold more than about 10 per cent of club entitlements.
However, this increase will create additional flexibility in the entitlements market. It will provide more options for clubs seeking to reduce or exit the pokies business by making it easier to find a buyer for their entitlements.
Statute law revision
Finally, the Bill removes obsolete references to bodies corporate in the Gambling Regulation Act, updating the body corporate definition to bring it into line with the Corporations Act.
I commend the Bill to the house.
Cindy McLEISH (Eildon) (10:43): I move:
That this debate be adjourned.
Motion agreed to and debate adjourned.
Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 10 September.