On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 28/03/2013.
72.
—(1) In this Division —
“contract” includes any kind of agreement or arrangement;
“controlled contract”, in relation to a casino operator, means —
(a)
a contract that relates wholly or partly to the supply of goods or services for the operations of the casino or to any other matter that is prescribed as a controlled matter for the purposes of this definition;
(b)
a contract above a prescribed value; or
(c)
any class of contract prescribed as a controlled contract for the purposes of this definition,
but does not include a contract that relates solely to —
(i)
the construction of the casino premises;
(ii)
any other class of matter prescribed as not being controlled matter for the purposes of this definition;
(iii)
a class of contract of a kind approved under subsection (2); or
(iv)
any other class of contract prescribed as not being a controlled contract for the purposes of this definition;
“notifiable contract” means a contract of a class or type prescribed as a notifiable contract for the purposes of this Division but does not include a controlled contract;
“supply of goods or services” includes the supply of intangible goods, assets and intellectual property rights.
(2) The Authority may, by notice in writing given to the casino operator, approve an agreement or arrangement with a specified person for the supply of specified goods or services as an agreement or arrangement that is not a contract to which this Division applies.
(3) The Authority may, by notice in writing given to the casino operator, exempt the casino operator from any of the requirements or provisions of this Division that are specified in the notice.
(4) The notice under subsection (3) may specify that it applies to contracts generally or to the classes of contracts specified in the notice.
[Vic. CCA 1991, s. 29]
73.
—(1) A casino operator shall not enter into or be a party to, or to the variation of, a contract that is a controlled contract in relation to that casino operator unless —
(a)
the casino operator has given notice in writing to the Authority of the details of the proposed contract or variation at least 28 days (or such shorter period as the Authority may allow in any particular case) before entering into or becoming a party to it, and the Authority has notified the casino operator that it has no objections to the proposed contract or variation; or
(b)
the casino operator reports the entering into or variation of the contract in such other form and manner as the Authority has required by prior notice in writing given to the casino operator in lieu of the obligation in paragraph (a).
(2) If the Authority notifies the casino operator that it requires further time to conduct its investigations, the casino operator shall not enter into the contract until the Authority notifies the casino operator that it has no objections to the proposed contract or variation.
(3) If the Authority notifies the casino operator that it objects to the proposed contract, the casino operator shall not enter into the contract.
(4) The Authority may object to a proposed contract if, having regard to the circumstances, including the suitability of each party to the contract, it considers that the contract will affect the credibility, integrity and stability of casino operations.
(5) Any casino operator who contravenes subsection (1), (2) or (3) shall be liable to disciplinary action.
[Vic. CCA 1991, s. 30]
74.
—(1) A casino operator which enters into or becomes a party to, or to the variation of, a contract that is a notifiable contract in relation to that casino operator shall —
(a)
within 14 days after entering into the notifiable contract or the variation, as the case may be, give notice in writing to the Authority of that fact and brief particulars of the contract or variation, in such form and manner as may be prescribed; or
(b)
report the entering into or variation of the contract in such other form and manner as the Authority has required by prior notice in writing given to the casino operator in lieu of the obligation in paragraph (a).
(2) Any casino operator which contravenes subsection (1) shall be liable to disciplinary action.
75. The Authority may, by notice in writing, require any party to a controlled contract or a notifiable contract to provide such information as the Authority may require, and section 60 shall apply to that party in the same manner as section 60 applies to a casino operator.
[Vic. CCA 1991, s. 35]
76.
—(1) The Authority may serve on each party to a controlled contract or a notifiable contract a notice in writing affording the party an opportunity to show cause within 14 days, or such longer period as the Authority may allow on application by any party to the contract, why the contract should not be terminated on the ground that, for reasons specified in the notice, the continuance of the contract affects the credibility, integrity and stability of casino operations.
(1A) The Authority may, in the event of any immediate threat to the credibility, integrity and stability of casino operations, by a notice in writing served on each party, direct that further performance of any controlled contract or notifiable contract (whether entered into before, on or after the date of commencement of section 27 of the Casino Control (Amendment) Act 2012) shall be suspended from the date the notice is served until a determination is made by the Authority as to whether the contract should be terminated.
(2) The person may, within the period specified in the notice in subsection (1), arrange with the Authority for the making of submissions as to why the contract should not be terminated.
(3) After considering any submissions so made, the Authority may, by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.
(4) If the contract is not terminated as required by the notice under subsection (3), it is deemed to be terminated by this Act upon expiry of the period specified in the notice.
(5) No compensation shall be payable by the Authority in respect of any contract which is suspended under subsection (1A), whether or not such contract is terminated under this section.
[Vic. CCA 1991, s. 32]
77. If a contract is suspended, terminated or deemed to be terminated in accordance with section 76 —
(a)
the suspension or termination does not affect a right acquired, or a liability incurred, before that suspension or termination by a person who was a party to the contract;
(b)
no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that suspension or termination; and
(c)
the Authority does not incur any liability by reason of that suspension or termination.
[Vic. CCA 1991, s. 33]
78.
—(1) A party to a contract suspended, terminated or deemed to be terminated in accordance with section 76 shall not give any effect to any part of the contract during the period of suspension or upon the termination of the contract, as the case may be.
(2) Any casino operator who contravenes subsection (1) shall be liable to disciplinary action.
(3) Any person (other than a casino operator) who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part thereof during which the offence continues after conviction.
[Vic. CCA 1991, s. 34]