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Prosecutions 2016-2017

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Comply

This page summarises the results of prosecutions for the 2016-2017 financial year. As of 6 February 2012, the VGCLR Compliance and Audit replaced the Department of Justice's Compliance Directorate.

Thursday, 29 June - Breach of self-exclusion order

On three separate occasions in June 2016, VGCCC Inspectors found a 55 year old female entering and remaining at the casino contrary to a self-exclusion order. As such, the female contravened section 77(1) of the Casino Control Act 1991, which sets out that a person the subject of an exclusion order must not enter or remain in the casino. 

The Magistrates' Court remitted the case to the Diversion Scheme, and imposed the following conditions:

  • Donation to a not-for-profit organisation;
  • Pay costs to the VGCCC.
  • Undertake counselling for gambling and provide a certificate of attendance; and
  • To be of good behaviour for the period of the diversion plan.
Tuesday, 27 June 2017 - Fidus Amicus Pty Ltd

On 27 June 2017, the Melbourne Magistrates' Court ordered Fidus Amicus Pty Ltd comply with a diversion plan after the VGCCC alleged that on 14 February 2016, it had permitted liquor to be consumed on licensed premises not in accordance with its licence, contrary to section 108(1)(a)(iii) of the Liquor Control Reform Act 1998. The Commission alleged that Fidus Amicus Pty Ltd had done so as an inspector observed patrons drinking in an unenclosed outdoor area where a condition of Fidus Amicus Pty Ltd's licence was that any licensed area which was not an enclosed building must be enclosed by an immovable barrier.

The Magistrate placed the following conditions on the diversion plan:

  • Donate $200 to the Smith Family and provide the Court a receipt of payment from the organisation; 
  • Pay $200 to the VGCCC and provide evidence of payment; and
  • To be of good behaviour for the period of the plan until 18 December 2017. 
Friday, 21 April 2017 - Jonathan Samuels Pty Ltd

The Melbourne Magistrates' Court found Jonathan Samuels Pty Ltd guilty in relation to an offence under section 108 of the Liquor Control Reform Act 1998 for supplying liquor not in accordance with the licence (liquor consumed outside licensed area). 

The court ordered Jonathan Samuels Pty Ltd to pay a fine of $1,000 plus $400 costs, without conviction.

Thursday, 23 March 2017 - Hawthorn Football Club Ltd trading as ‘Vegas at Waverley Gardens’

The Melbourne Magistrates' Court has ordered Hawthorn Football Club Ltd comply with a diversion plan after the VGCCC alleged that it had conducted unauthorised gambling at its approved venue trading as Vegas at Waverley Gardens during the period 28 to 31 March 2016.

Hawthorn Football Club Ltd acknowledged responsibility for four (4) offences under section 2.2.1(1) of the Gambling Regulation Act 2003 (one charge for each day of conducting unauthorised gambling).

The Magistrate placed the following conditions on the diversion plan:

  • be of good behaviour for a period of 12 months (until 22 March 2018); and
  • donate $66,838 to the Salvation Army or similar responsible gambling organisation.
Monday, 20 March 2017 - Individual prosecution

An individual has been found guilty of entering and remaining at the casino contrary to an exclusion order.

Appearing before the Melbourne Magistrates' Court on 20 March 2017, the individual, who was served with an exclusion order by Crown Melbourne Limited in May 2012, entered a plea of guilty to entering and remaining at the casino on nine separate occasions between December 2013 and April 2014.

Under section 77 of the Casino Control Act 1991, a person the subject of an exclusion order, must not enter or remain in the casino.

The court heard that the individual had previous convictions for breaching the exclusion order on 15 separate occasions.

After considering all of the materials and submissions, the court found the individual guilty and recorded a conviction. It also ordered the individual to pay a fine of $5,400 and to pay prosecution costs in the amount of $200.

Wednesday, 15 March 2017 - Individual prosecution

The Korumburra Magistrates' Court has ordered the accused into a diversion plan after the VGCCC charged the accused with possession of a gaming machine not in accordance with section 3.5.1(1) of the Gambling Regulation Act 2003 and the accused acknowledged responsibility for that offence.

The Magistrate placed the following conditions on the diversion plan:

  • donate $200 to the Victorian Responsible Gambling Foundation
  • pay $400 costs to the Victorian Gambling and Casino Control Commission 
  • the gaming machine be forfeited to the Victorian Gambling and Casino Control Commission  to be destroyed by the Authority within 30 days after the completion of the Diversion Program.
Thursday, 23 February 2017 - Caszur Nominees Pty Ltd trading as ’Sherbourne Terrace’

The Melbourne Magistrates' Court has ordered Caszur Nominees Pty Ltd into a diversion plan after the VGCCC determined that it had modified its gaming machine area in its approved venue trading as Sherbourne Terrace without seeking the approval of the VGCCC.

Caszur Nominees Pty Ltd acknowledged responsibilities for the offence under section 3.3.16(1) of the Gambling Regulation Act 2003.

The Magistrate placed the following condition on the diversion plan:

  • donate $6000 to the Oncology Unit of Goulburn Valley Health by 25 May 2017.
7 February 2017 - Individual prosecution

The Geelong Magistrates Court found the accused guilty in relation to an offence under section 107 of the Liquor Control Reform Act 1998 to sell liquor without a licence.

The accused was placed on a 13-month good behaviour bond with a condition to pay $300 to the court fund. In addition the defendant was ordered to pay agreed costs in the amount of $300.

23 January 2017 - Individual prosecution

The Melbourne Magistrates' Court found the accused guilty in relation to an offence under section 108 of the Liquor Control Reform Act 1998 for exceeding the licensed premises maximum patron capacity. 

The court ordered the licensee to pay a fine of $3,000 plus statutory costs, without conviction.

31 October 2016 - Individual prosecution

The Wangaratta Magistrates Court found the accused guilty in relation to an offence under section 3.5.22 of the Gambling Regulation Act 2003  for 'after hours gambling.'

The accused was placed on a 12-month good behaviour bond with a condition to pay Gateway Health $650. In addition, the defendant was ordered to pay agreed costs in the amount of $300.