Minister: Treasurer, Minister for Energy and Minister for Home Ownership
Agency: Queensland Treasury
Interactive Gambling (Player Protection) Act 1998
Queensland Interactive
Gambling (Player
Protection) Act
1998 Current as at [Not applicable]
Indicative reprint note This is an
unofficial version of a
reprint of this Act that incorporates all proposed
amendments to the Act included in the Betting Tax Bill 2018.
This indicative reprint
has been prepared
for information only—
it is
not an authorised reprint of the Act
. The point-in-time date for this
indicative reprint is the introduction date for the Betting Tax
Bill 2018—12 June 2018. Detailed information about
indicative reprints
is available on
the Information page of the
Queensland legislation website.
©
State of Queensland 2018 This work is licensed under a Creative
Commons Attribution 4.0 International License.
Not authorised —indicative only
Queensland Interactive
Gambling (Player Protection) Act 1998
Contents Part 1
Division 1 1
2 Division 2 3
Division 3 4
5 6 7
Division 4 8
Part
2 Division 1 9
10 Division 2 11
12 12A 13
14 15 16
Page Preliminary Formal
provisions Short title . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Commencement . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Objects Object
. .
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
Basic concepts
and definitions Meaning of
game .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
Meaning of player . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Meaning of
interactive game . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
Territorial
application Territorial application of this Act . . . . . . . . . . . . . . . . . . . . . . . . .
16
Interactive gambling The cooperative
scheme General features
of the
regulatory scheme . . . . . . . . . . . . . . . . .
17
Declaration
of participating jurisdictions and
corresponding law .
17
Authorised providers and
authorised games Meaning of licensed provider,
external provider and authorised provider 18
Meaning of authorised game . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 19
Meaning of exempt game . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 19
Authorisation to conduct interactive games .
. . . . . . . . . . . . . . . . 20
Change to conditions of authorisation . . .
. . . . . . . . . . . . . . . . . . 20
Revocation
of authorisation .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
Penalty for conduct of, or participation in,
unauthorised interactive
Interactive Gambling (Player Protection) Act
1998 Contents Not
authorised —indicative
only Division 3 17
18 19 20
20A 21 22
22A Division 4 23
Division 5 24
25 26 27
28 Division 6 29
Part
3 Division 1 30
31 32 33
34 35 36
37 38 39
40 Division 2 41
42 Page 2 gambling
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Conduct of authorised games
Player registration . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Procedure for
registration . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . Restrictions for registration
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Player’s account
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions
on deposits
for player’s account . . . . . . . . . . . . . . .
Acceptance of
wagers .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Player to be bound by rules of the game . . . . . . . . . . . . . . . . . . . Accounting for account balances for restricted players
. . . . . . . .
Restriction of
gambling venues Use of premises for interactive
gambling . . . . . . . . . . . . . . . . . .
Exemption schemes Meaning of exemption scheme
. . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of exemption scheme
. . . . . . . . . . . . . . . . . . . . . . . . . .
Cancellation
of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of approved exemption scheme . . . . . . . . . . . . . . .
Gazette notice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General validation of authorised
activities Lawful
activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interactive gambling licences Applications
for, and
issue of,
interactive gambling licences Application
for interactive gambling
licence . . . . . . . . . . . . . . . .
Consideration
of application . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . Suitability of applicant to hold interactive
gambling licence . . . . .
Suitability of
business and
executive associates . . . . . . . . . . . . .
Investigations of
suitability of persons . . . . . . . . . . . . . . . . . . . . . Decision on application .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Changing conditions of licence
. . . . . . . . . . . . . . . . . . . . . . . . . . Return of licence for endorsement
of changed
conditions . . . . . General provisions about interactive
gambling licences Interactive
gambling licence not to be transferable
. . . . . . . . . . . Mortgage and assignment of
interactive gambling licence . . . . .
21 22 22
23 23
25
25
25
25
26
26
26
27
28
28
28
29
29
30
30
31
31
32
32
32
33
33
34
34
43 Division 3 44
45 46 47
48 49 50
51 52 53
54 Division 4 55
56 57 58
59 Part 4 Division 1
60 61 62
63 64 Division 2
65 66 67
68 69 70
71 72 Interactive
Gambling (Player Protection) Act 1998 Contents
Surrender of interactive gambling licence .
. . . . . . . . . . . . . . . . . 35
Suspension and cancellation of interactive
gambling licences Grounds for suspension or
cancellation . . . . . . . . . . . . . . . . . . .
36 Show cause notice . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Copy of show cause notice to be given
to interested persons . . 38
Consideration of
representations . . . . . . . . . . . . . . . . . . . . . . . .
39
Immediate
suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Censuring licensed provider . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40
Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Notice referring question of disciplinary action
to Governor
in Council 41 Suspension,
cancellation and appointment of administrator . . . .
42 Terms of appointment, and role, of
administrator . . . . . . . . . . . . 43
Cancellation or reduction of period of
suspension . . . . . . . . . . . 44
Investigations into suitability
Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Requirement to
give information or
document for
investigation . 45
Reports about person’s criminal history . . . . . . . . . . . . . . . . . . .
46
Decisions about
interactive gambling licence
not to
be justiciable 46 Key persons Requirement
for key
persons to
be licensed Meaning of
key person
and key
relationship . . . . . . . . . . . . . . . .
48
Obligation to hold licence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Requirement that
key person
apply for
licence or
end role
. . . . . 49
Requirement that
key person
end role . . . . . . . . . . . . . . . . . . . . 49
Requirement
to end
key person’s role . . . . . . . . . . . . . . . . . . . . .
50
Applications for,
and issue
of, key
person licences Application
for key
person licence . . . . . . . . . . . . . . . . . . . . . . . . 50
Consideration of
application . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51
Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . 51
Investigation of
suitability of applicant . . . . . . . . . . . . . . . . . . . . . 52
Decision on
application .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Form
of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52
Term
of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53
Lapsing of key person licence
. . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Page
3 Not
authorised
—indicative only
Interactive Gambling (Player Protection) Act
1998 Contents Not
authorised —indicative
only 73 74
75 76 Division 3
Subdivision 1 77
78 79 80
81 Subdivision 2 82 83
83A 83B Division 4
84 85 86
87 Division 5 88
89 Division 6 90
91 Division 7 92
93 Part 5 Division 1
94 95 96
Conditions . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
53 Changing conditions of key person
licence . . . . . . . . . . . . . . . . . 53
Replacement of key person licence
. .
. . . . . . . . . . . . . . . . . . . . 54
Surrender of key person licence
. .
. . . . . . . . . . . . . . . . . . . . . . . 55
Suspension and cancellation of key person
licences, and other action by chief executive
Suspension and cancellation
Grounds . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
56 Show cause notice . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
57 Consideration of
representations . . . . . . . . . . . . . . . . . . . . . .
. . 58 Immediate
suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58
Suspension
and cancellation of
licence after
show cause
process 59 Other action by chief executive Ending show
cause process
without further action
. . . . . . . . . . . 60
Censuring key person licensee
. . . . . . . . . . . . . . . . . . . . . . . . . .
61
Direction to rectify matter
after show
cause process
. . . . . . . . . .
61
Cancellation or
reduction of
period of
suspension . . . . . . . . . . . 62
Investigation
of key
person licensees Audit
program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63
Investigations into suitability
of key
person licensees . . . . . . . . .
63
Requirement to
give information or
document for
investigation . 63
Reports about criminal history
. . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Requirements
about employment Notice of start
of employee’s employment . . . . . . . . . . . . . . . . . 64
Returns about employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Requirements about key relationships Notice of end
of key
relationship . . . . . . . . . . . . . . . . . . . . . . . . . 65
Requirement
to end
key relationship .
. . . . . . . . . . . . . . . . . . . . . 66
General False statements
by applicants
. . . . . . . . . . . . . . . . . . . . . . . . . .
66
Destruction
of fingerprints .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Agents Agency
agreements Meaning of
agent .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67
Meaning of agency
agreement . . . . . . . . . . . . . . . . . . . . . . . . . .
68
Conditions for entering into
agency agreement . . . . . . . . . . . . . . 68
Page
4
97 98 99
Division 2 100
101 102 103
104 105 106
107 Division 3 108
109 110 111
Part
6 Division 1 112
Division 2 113
114 115 Division 3
117 118 119
Part
7 Division 1 120
120A 121 122
123 124 Interactive
Gambling (Player Protection) Act 1998 Contents
Notice of agency agreement . . . . . . . . .
. . . . . . . . . . . . . . . . . . . Amendment of
agency agreement . . . . . . . . . . . . . . . . . . . . . .
. Returns about agents . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Terminating agency agreements
Grounds for termination . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Show cause
notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspending agent’s operations . . . . . . . . . . . . . . . . . . . . . . . . . . Censuring agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction
to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Directions to terminate affecting
agents . . . . . . . . . . . . . . . . . . . Termination of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of termination of agreement . . . . . . . . . . . . . . . . . . . . . . . Investigations into suitability Audit
program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give information or
material for
investigation . . . Reports about person’s criminal history . . . . . . . . . . . . . . . . . . .
Licence fees
and tax Licence fees Liability to
licence fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interactive gambling tax
Liability to tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Returns for calculation of
tax .
. . . . . . . . . . . . . . . . . . . . . . . . . . . Participating jurisdictions tax
entitlement . . . . . . . . . . . . . . . . . .
Recovery and penalties Penalty for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revenue offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compliance requirements Rules and directions Rules . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules to be made
available etc. . . . . . . . . . . . . . . . . . . . . . . . . .
Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General responsibilities of licensed provider . . . . . . . . . . . . . . . . Responsibility of
licensed provider to ensure compliance
by agent Responsibility of agent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 69
69 69 70 71
72
73
74
75
75
76
76
77
77
78
78
78
79
79
80
80
81
81
82
82
82
83
Page 5 Not
authorised
—indicative only
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Contents Division 2
125 126 Division 3
127 128 129
Division 4 132
133 134 135
Division 5 136
Division 5A Subdivision
1 137 137A 137B
Subdivision 2 137C 137D
137E 137F Subdivision
3 137G
137H 137I 137J
137K 137L Division 6
138 139 Place of
operation Licensed provider’s place of
operation . . . . . . . . . . . . . . . . . . .
. 83 Agent’s place of operation . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 83
Control systems Authorised games
to be conducted under a control system . . . . 84
Content of
control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84
Chief executive may give direction about
content of
control system 85
Dealings involving players’ accounts Funds in player’s
account to
be remitted
on demand . . . . . . . . .
86
Licensed provider or agent not to act as credit provider
. . . . . . . 86
Licensed providers limited recourse
to players’
accounts .
. . . . . 86
Inactive players’ accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Responsible
gambling Limitation on
amount wagered . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Excluding persons from participating
in authorised
games as players Provisions about
self-exclusion Self-exclusion notice . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 89
Self-exclusion order . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 89
Revoking self-exclusion order . . . . . . .
. . . . . . . . . . . . . . . . . . . . 90
Exclusion
instigated by
licensed provider Exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Duration of exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . .
90
Application to
revoke exclusion direction . . . . . . . . . . . . . . . . . .
91
Deciding application to revoke exclusion direction . . . . . . . . . . . 92
Other provisions Particular
persons not to participate
in authorised
games . . . . . 92
Counselling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Obligation to prevent persons
from participating in
authorised games 94
Register . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Report about prohibition
under order
or direction . . . . . . . . . . . .
95
Distributing promotional or
advertising material about
authorised games 95 Gambling
records Notices about keeping gambling
records . . . . . . . . . . . . . . . . . .
95 Gambling records to be kept at certain
place . . . . . . . . . . . . . . .
96 Page 6
140 Division 7 141
142 143 Division 8
144 145 Division 9
146 147 148
Division 10 149
150 151 152
153 Division 11 154
155 Division 12 156
157 158 159
Division 13 159A
160 161 Division
14 162 163 163A
Division 15 164
Interactive Gambling (Player Protection) Act
1998 Contents Gambling records
to be kept for required period . . . . . . . . . . . . .
97 Financial accounts, statements and
reports Keeping of accounts . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
97 Preparation of financial statements
and accounts . . . . . . . . . . . . 98
Submission of reports . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
98 Financial institutions accounts Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99
Use
of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Audit Audit of
licensed provider’s operations
. . . . . . . . . . . . . . . . . . . . 100
Completion
of audit
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 100 Further information following audit . . . . . . . . . . . . . . . . . . . . . . .
100
Ancillary and related agreements Ancillary gambling agreement .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
101
Approval of ancillary gambling
agreements . . . . . . . . . . . . . . . .
101
Review of related agreements .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
102
Show
cause notice for related
agreement .
. .
. .
. .
. .
. .
. .
. .
. .
. 102 Direction
to terminate related agreement . . . . . . . . . . . . . . . . . .
103
Official supervision Monitoring
operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
104
Presence of inspector at
certain operations . . . . . . . . . . . . . . . .
104
Prizes Payment or
collection of prizes . . . . . . . . . . . . . . . . . . . . . . . . . .
105
Disposal of
unclaimed non-monetary
prizes .
. .
. .
. .
. .
. .
. .
. .
. 105 Claims for prize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106
Entitlement to
prize lapses if not claimed
within 5
years .
. .
. .
. .
107
Interrupted
and aborted
games Interrupted
games . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
107
Aborted games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108
Power to withhold prize in certain cases
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 109 Approval and use of regulated interactive gambling equipment Approval of regulated interactive gambling equipment
. .
. .
. .
. .
109
Use
of regulated interactive gambling equipment
. .
. .
. .
. .
. .
. .
110
Approved evaluators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111
Advertising Advertising interactive gambling . . . . . . . . . . . . . . . . . . . . . . . . . 111
Page 7 Not authorised —indicative only
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Contents 165
166 Division 16 167
168 Division 17 169
170 171 172
173 174 175
176 177 178
179 180 181
182 183 184
Part
8 Division 1 Subdivision
1 185
Subdivision 2 186 Subdivision
3 187
188 189 190
191 Incidental requirements for
advertisements . . . . . . . . . . . . . . . .
111 Directions about advertising
. .
. . . . . . . . . . . . . . . . . . . . . . . . . .
112 Complaints Inquiries about
complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 112 Reporting improper behaviour . . . . .
. . . . . . . . . . . . . . . . . . . . . . 114
Gambling offences Cheating
.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
115
Forgery and
deception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
115
Impersonating certain persons . . . . . . . . . . . . . . . . . . . . . . . . . .
116
Bribery . . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 117 Participation in
authorised games by employees of
licensed provider 118
Chief executive’s power to restrict
participation in authorised games by gaming
officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Power to declare gaming official
to be
a key
official . . . . . . . . . .
118
Relationship of
key officials with
authorised providers and
agents 118 Relationship of key officials with
prospective licensed providers 119 Relationship between authorised
providers and key officials . . .
120 Participation by
minors in
conduct of
approved games prohibited 121 Participation by minors as players prohibited . . . . . . . . . . . . . . . 121
Obscene etc. terms prohibited . . . . . . . . . . . . . . . . . . . . . . . . . .
122
Interference with proper
conduct of
authorised games . . . . . . . . 122
Offences by certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122
Licensed provider not to publish identity
of player
in certain
cases 123 Investigation and enforcement Inspectors Preliminary Persons who
are inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124
Appointment of
inspectors Appointment
and qualifications .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 124 Other
matters about inspectors Conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Production or
display of
identity card . . . . . . . . . . . . . . . . . . . . .
126
When
appointed inspector ceases to hold office
. .
. .
. .
. .
. .
. .
. 126 Resignation .
. .
. .
. .
. .
. .
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127
Page
8
Not
authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Contents 192
Subdivision 4 193
194 Division 2 Subdivision
1 195
Subdivision 2 196 197
Subdivision 3 198 199
200 201 202
203 Subdivision 4 204 205
206 Subdivision 5 207 208
209 210 211
212 213 214
215 Subdivision 6 216 217
Return of identity card . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 127
Audit program and report about criminal
history Audit program . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 127 Report about criminal history . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 128
Powers of inspectors General scope
of inspectors’ powers General
scope of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Power to enter places Entry without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . .
129
Entry with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Consents and
warrants for entry
Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Evidence of
consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
130
Application for
warrant .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
131
Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131
Special
warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132
Evidence about special warrants
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 133 General powers General powers
after entering places
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 133 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Failure to give information .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 135 Power to seize evidence Seizing evidence at
place that
may be
entered without consent
or warrant
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 135 Seizing evidence at places that may
only be entered with consent or warrant
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
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135
Securing things after seizure
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
136
Tampering with
things subject to seizure . . . . . . . . . . . . . . . . . .
137
Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Receipts to be given on seizure
. .
. . . . . . . . . . . . . . . . . . . . . . . 137
Forfeiture
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 138 Return of things that have been seized
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
139
Access to things that have been seized
. . . . . . . . . . . . . . . . . . .
139
Power to give directions to
stop using
things Direction to
stop using
thing . . . . . . . . . . . . . . . . . . . . . . . . . . . .
140
Requirements about stop directions . . . . . . . . . . . . . . . . . . . . . .
140
Page 9
Interactive Gambling (Player Protection) Act
1998 Contents Not
authorised —indicative
only 218 Subdivision
7 219 220 221
222 223 224
225 226 227
228 Division 3 229
Division 4 230
231 232 233
234 Division 5 235
236 237 Part 9
Division 1 238
239 240 241
Division 2 242
243 244 245
Failure to comply with stop direction . . .
. . . . . . . . . . . . . . . . . . . 141
Power to obtain information
Power to require name and address . . . . .
. . . . . . . . . . . . . . . . . 141
Failure to give name or address
. .
. . . . . . . . . . . . . . . . . . . . . . . 142
Power to require production of
documents . . . . . . . . . . . . . . . . .
142 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Failure to
certify copy of document
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 143 Power to require attendance of
persons .
. .
. .
. .
. .
. .
. .
. .
. .
. .
143
Failure to comply with requirement
about attendance .
. .
. .
. .
. .
145
Power to require financial records
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
145
Effect of compliance with financial
records requirement .
. .
. .
. .
146
Failure to comply with financial
records requirement . . . . . . . . . 146
Powers of Minister Direction about
management practice . . . . . . . . . . . . . . . . . . . . .
146
General enforcement matters Forfeiture on
conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
147
Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Notice of
damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Compensation .
. .
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149
Protecting
officials from liability .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 150 General enforcement offences False or
misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . .
150
False, misleading or incomplete
documents .
. .
. .
. .
. .
. .
. .
. .
. 151 Obstructing inspectors .
. .
. .
. .
. .
. .
. .
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. .
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. .
. .
. .
. .
. .
151
Legal proceedings Evidence Application
of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Appointments and
authority .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
152
Signatures .
. .
. .
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. .
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. 152 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Proceedings Indictable and
summary offences . . . . . . . . . . . . . . . . . . . . . . . .
154
Proceedings for
indictable offences . . . . . . . . . . . . . . . . . . . . . .
154
Limitation on who may summarily hear
indictable offence proceedings 155
Limitation on time for starting summary
proceedings . . . . . . . . . 155
Page
10
246 247 248
Part
10 249 250 251
252 253 254
255 256 Part 11
260 261 261A
261B 261C 262
263 Part 12 Division 1
264 266 Division 2
268 269 270
Division 3 271
Schedule 1 Schedule 2
Interactive Gambling (Player Protection) Act
1998 Contents Responsibility
for acts or omissions of representatives . . . . . . . .
155 Executive officer may be taken to have
committed offence against s 119(1)
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 156 Attempts to commit offences . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 157
Reviews by tribunal When licensed
providers may apply for review . . . . . . . . . . . . . .
157 When applicants for key person
licences may apply for review .
157 When
key person
licensees may apply for review
. . . . . . . . . . .
158
When
agents may apply for review . . . . . . . . . . . . . . . . . . . . . . .
158
When other
persons may
apply for
review . . . . . . . . . . . . . . . . . 158
Tribunal to decide review on evidence before
the chief
executive 158 Tribunal may give leave for review to be decided on new evidence
in particular
circumstances . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 159 Appeals from tribunal only to Court of
Appeal on a question of law 160
Miscellaneous Confidentiality
of information . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 160 Delegations . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
161 Cancellation of
Gocorp’s
interactive gambling licence . . . . . . . .
162
Person not to profit from
a transaction ending
or lessening a
prohibited person’s interest in Gocorp . . .
. . . . . . . . . . . . . . . . . . 163
State immunity . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 164
Approval of forms . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
165 Regulation-making power
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
165 Transitional provisions
Transitional
provisions for Gambling
Legislation Amendment Act 2004 Definitions for
div 1 . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 167 Direction to
rectify under pre-amended Act . . . . . . . . . . . . . . . .
. 168 Transitional provisions for Gambling
Legislation Amendment Act 2005 Definitions for div
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
Inspectors . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 169 Audit program for inspectors . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 169
Transitional provision for Liquor and Gaming
(Red Tape Reduction) and Other
Legislation Amendment Act 2013
Continuation of offence under s 127 . . . .
. . . . . . . . . . . . . . . . . . 170
Decisions not subject to appeal
. .
. . . . . . . . . . . . . . . . . . . . . 171
Decisions of chief executive subject to
review . . . . . . . . . . . 173
Page 11 Not
authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Contents Schedule 3
Dictionary . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 175 Not authorised
—indicative only
Page
12
Interactive Gambling (Player Protection) Act
1998 Part 1 Preliminary [s 1]
Interactive Gambling (Player Protection)
Act 1998 An Act to regulate interactive gambling
and for other purposes Not authorised
—indicative only
Part
1 Preliminary Division 1
Formal provisions 1
Short
title This Act
may be cited
as the Interactive Gambling
(Player Protection) Act
1998 . 2 Commencement This Act
commences on a day to be fixed by proclamation. Division 2
Objects 3
Object (1)
The overarching object
of this Act
is to ensure
that, on
balance, the State and the community as a
whole benefit from interactive gambling. (2)
The balance is
achieved by
allowing interactive gambling
subject to
a system of
regulation and
control designed
to protect players and the community
through— (a) ensuring the integrity and fairness of
games; and Current as at [Not applicable]
Page
13
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 1 Preliminary [s 4]
(b) ensuring the probity of those involved
in the conduct of interactive gambling; and
(c) minimising the
potential for
harm from
interactive gambling.
(3) Within the
overarching object,
the following objects
are included— (a)
to establish and
maintain an
appropriate system
of regulation and control for interactive
gambling; (b) to provide protection for players of
interactive games; (c) to provide
a basis for
implementing an
interjurisdictional regulatory scheme
for— (i) the reciprocal recognition between
participating jurisdictions of
licences, authorisations and
other administrative
acts; and (ii) the regulation
and control of interactive gambling in the
participating jurisdictions on a cooperative basis;
and (iii) the
sharing of
tax derived from
interactive gambling on an
equitable basis. Division 3 Basic concepts
and definitions 4 Meaning of game
A game includes a
scheme or arrangement. 5 Meaning of
player A
player is a person who
participates in an interactive game. 6
Meaning of interactive
game (1) An interactive
game is a game in which— Page 14
Current as at [Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 1 Preliminary [s 6]
(a) a prize consisting of money or
something else of value is offered or can be won under the rules
of the game; and (b) a player— (i)
enters the game or takes any step in the
game by means of a telecommunication device;
and (ii) gives, or
undertakes to give, a monetary payment or
other valuable
consideration to
enter, in
the course of, or for, the game;
and (c) the winner of a prize is
decided— (i) wholly or partly by chance; or
(ii) by
a competition or
other activity
in which the
outcome is
wholly or
partly dependent
on the player’s
skill. (2) However, the following are not
interactive games— (a) wagering conducted under the
Racing Integrity Act 2016
if— (i) a person places
a wager with a racing bookmaker by using a
telecommunications system under that Act for
conducting the wagering; and (ii)
either— (A)
when the
wager is
placed, the
racing bookmaker
is carrying on
bookmaking at
a race meeting under the
Racing Act 2002 ; or
(B) the racing
bookmaker is
carrying on
the bookmaking under
an offcourse approval
under the Racing Integrity
Act 2016 ; (b) wagering
conducted under a wagering licence under the Wagering Act
1998 ; (c) a
game under
the Charitable and
Non-Profit Gaming
Act 1999 , unless the
game is declared by a regulation made
under subsection (3)
to be an
interactive game
despite this exclusion; Current as at
[Not applicable] Page 15
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 1 Preliminary [s 7]
(d) a lottery,
other than
the lottery known
as ‘instant scratch-its’ or
another instant lottery, conducted under a lottery
operator’s licence under the Lotteries Act
1997 ; (e) a
game authorised under
a gaming Act
in which the
players may participate by means of
telecommunication devices but
only from
designated commercial sites
connected to a telecommunication
network. (3) A game that would, but for the
exclusion in subsection (2)(c), be
an interactive game
is taken to
be an interactive game
despite the exclusion if—
(a) having regard to the nature, value, or
frequency of prizes offered in
the game and
other matters
the Minister considers
relevant, the
Minister considers
the game should be
brought within the ambit of this Act; and (b)
a
regulation is made, on the Minister’s recommendation,
declaring the game to be an interactive game
despite the exclusion. 7
Dictionary The dictionary
in schedule 3 defines particular words used in this Act.
Division 4 Territorial
application 8 Territorial application of this
Act (1) This Act applies both within and
outside Queensland. (2) This Act applies outside Queensland to
the full extent of the extraterritorial legislative power of
the Parliament. Page 16 Current as at
[Not applicable]
Part
2 Interactive Gambling (Player Protection) Act
1998 Part 2 Interactive gambling
[s
9] Interactive gambling Not
authorised —indicative only
Division 1 The cooperative
scheme 9 General features of the regulatory
scheme (1) This Act
contemplates a
cooperative scheme
between Queensland and
other jurisdictions for
the regulation and
control of interactive gambling.
(2) However, this Act is not dependent on
participation by any other jurisdiction in the regulatory
scheme. (3) The regulation and
control of
interactive gambling
is to be
achieved through
a statutory scheme
consisting of
this Act
and
the corresponding laws of participating jurisdictions for
the
licensing and control of persons who conduct, or exercise
an
important role in the conduct of, interactive games.
10 Declaration of participating
jurisdictions and corresponding law (1)
If
the Minister is satisfied the law of another jurisdiction is
compatible with this Act, the Governor in
Council may, on the Minister’s recommendation, declare—
(a) the other jurisdiction is to be
regarded under this Act as a participating jurisdiction;
and (b) the relevant law of the other
jurisdiction (including the law as amended
or substituted from time to time) is to be regarded as a
corresponding law. (2) However, a declaration is not to be
made under this section unless the
Minister has
entered into
an agreement (an
intergovernmental agreement
) with the
prospective participating
regulator that makes, in the Minister’s opinion,
adequate provision for the following
matters— (a) the taxation
of authorised games
on a uniform
or consistent basis; Current as at
[Not applicable] Page 17
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 2 Interactive gambling
[s
11] (b) collaboration between gaming officials
and officers of the other jurisdiction engaged
in the administration of
the
relevant law of the other jurisdiction; (c)
mutual recognition of
licences and
administrative acts
between jurisdictions; (d)
sharing of
tax revenue derived
from interactive gambling on an
equitable basis. (3) If the Minister considers the law of a
participating jurisdiction is no
longer compatible with
this Act,
or the intergovernmental agreement
with the
participating jurisdiction is
not operating satisfactorily, the
Governor in
Council may, on the Minister’s
recommendation, declare— (a) the
other jurisdiction is,
as from a
specified date,
no longer to be regarded as a
participating jurisdiction; and (b)
the
relevant law of the other jurisdiction is, as from a
specified date,
no longer to
be regarded as
a corresponding law. (4)
A
declaration under this section is to be made by regulation.
Division 2 Authorised
providers and authorised games 11
Meaning of licensed
provider , external provider and
authorised provider (1)
A licensed provider means a person
who is licensed under this Act to conduct interactive
games. (2) An external
provider is a person who is licensed under the
corresponding law
of a participating jurisdiction to
conduct interactive
games. (3) An authorised
provider is a person who is licensed under
this Act, or
under the
corresponding law
of a participating jurisdiction, to
conduct interactive games. Page 18 Current as at
[Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 2 Interactive gambling
[s
12] 12 Meaning of authorised
game (1) An authorised
game is an interactive game that—
(a) a licensed provider is authorised to
conduct under this division; or (b)
an
external provider is authorised to conduct under the
corresponding law
of the participating jurisdiction in
which the provider is licensed.
(2) However, a
game that
an external provider
is authorised to
conduct under a corresponding law (an
externally authorised game
) is not
to be regarded
as an authorised game
if the external
provider is prohibited from conducting the game in
Queensland by order under subsection
(3). (3) If the
Minister believes
the conduct of
an externally authorised game
in Queensland is
contrary to
the public interest,
the Minister may,
by written notice
given to
the external provider authorised under the
corresponding law to conduct the
game, prohibit
conduct of
the game in
Queensland. (4)
The
Minister may only impose a prohibition under subsection
(3) after giving
the external provider
and the relevant
participating regulator
written notice
of the proposed
prohibition and the reasons for it and
allowing each of them a reasonable opportunity to make
representations. (5) If the Minister imposes a prohibition
under subsection (3) the Minister must
promptly give
the relevant participating regulator a copy
of the notice imposing the prohibition. 12A
Meaning of exempt game (1)
Wagering that is an interactive game is
an exempt game if—
(a) it is conducted by a betting operator
under a licence or other authority, or an exemption, under a
law of another State or the Commonwealth; and
(b) a person
places a
wager with
or through the
betting operator using a
telecommunication device; and Current as at
[Not applicable] Page 19
Interactive Gambling (Player Protection) Act
1998 Part 2 Interactive gambling
[s
13] (c) the betting operator does not directly
or indirectly make available, or in any way facilitate the
provision of, the telecommunication device used to place the
wager. (2) In this section— betting
operator see the Betting Tax Act 2018, section
12. Not authorised —indicative
only 13 Authorisation to
conduct interactive games (1) The
Minister may,
on application by
a licensed provider,
authorise the provider to conduct a
particular interactive game on conditions
stated in the instrument of approval. (2)
The conditions of
authorisation apply
to the conduct
of the game both within
and outside Queensland. (3) The Minister has
an absolute discretion to refuse to authorise an interactive
game for which the Minister’s authorisation is sought.
(4) If the Minister decides to refuse an
application, the Minister must promptly
give the
applicant written
notice of
the decision and the reasons for
it. 14 Change to conditions of
authorisation (1) The Minister
may, by
written notice
given to
a licensed provider,
change the
conditions on
which a
particular interactive game
is authorised if
the Minister is
of the opinion—
(a) the conditions are
not stringent enough
to prevent cheating or
other contravention of this Act; or (b)
compliance with
the conditions can
not be effectively monitored or
enforced; or (c) there is
some other
good reason
to change the
conditions. (2)
However, the Minister may only change the
conditions of an authorisation under
this section
after giving
the licensed provider written
notice of the proposed change of conditions Page 20
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[s
15] and the reasons
for it and
allowing the
licensed provider
a reasonable opportunity to make
representations. Not authorised —indicative only
15 Revocation of authorisation
(1) The Minister
may, by
written notice
given to
a licensed provider, revoke
the authorisation for a particular interactive game if the
Minister is of the opinion— (a)
the
licensed provider has contravened a condition of the
authorisation; or (b)
compliance with the conditions of the
authorisation can not be effectively monitored or enforced;
or (c) there is
some other
good reason
to revoke the
authorisation. (2)
However, the
Minister may
only revoke
an authorisation under
this section
after giving
the licensed provider
written notice of the
proposed revocation and the reasons for it and allowing
the licensed provider
a reasonable opportunity to
make
representations. 16 Penalty for conduct of, or
participation in, unauthorised interactive
gambling (1) A person
must not
conduct an
interactive game
wholly or
partly in Queensland, or allow a person who
is in Queensland to participate in an interactive game,
unless— (a) both of the following apply—
(i) the game is an authorised game;
(ii) the
person is
authorised under
this Act
or a corresponding
law to conduct the game; or (b)
the
game is an exempt game. Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
A
person in Queensland must not participate in, or encourage
or
facilitate participation by another in, an interactive game
Current as at [Not applicable]
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Act 1998 Part 2 Interactive gambling
[s
17] knowing that
the game is
not an authorised game
or an exempt
game. Maximum penalty for subsection (2)—40
penalty units. Division 3 Conduct of
authorised games 17 Player registration
(1) A licensed provider must not permit a
person to participate as a player in an authorised game unless
the person is registered with the provider as a player.
Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
A person must
not participate as
a player in
an authorised game
unless the
person is
registered with
the authorised provider who
conducts the game as a player. Maximum
penalty—40 penalty units. 18 Procedure for
registration (1) A licensed provider (or agent) may
only register a person as a player
on receipt of
an application for
registration in
an approved form. (2)
A
person is not eligible for registration as a player unless
the person produces
evidence of
a kind required
by the chief
executive— (a)
of
the person’s— (i) identity; and (ii)
place of residence; and (b)
that
the person is at least 18 years of age. (3)
A person may
be registered as
an unrestricted or
restricted player.
Page
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1998 Part 2 Interactive gambling
[s
19] (4) A person
who is registered as
a restricted player
may subsequently be registered as an
unrestricted player. (5) If
a person registered as
a restricted player
is subsequently registered as an
unrestricted player, the person’s registration as a restricted
player is cancelled. (6) Unless
sooner cancelled
under subsection
(5), a person’s registration as
a restricted player ceases to have effect at the
end
of— (a) the period prescribed under a
regulation; or (b) if the chief executive extends the
period—the period as extended. 19
Restrictions for registration
(1) A licensed provider, or an agent of a
licensed provider, must not register a person as an
unrestricted player unless— (a)
the person’s identity
has been authenticated under
the licensed provider’s control system;
and (b) the person’s place of residence has
been verified under the licensed provider’s control system;
and (c) the person’s
age has been
verified under
the licensed provider’s
control system to be at least 18. Maximum
penalty—200 penalty units. (2) A licensed
provider, or an agent of a licensed provider, must
not
register a person as a restricted player unless—
(a) the registration is
carried out
in accordance with
the licensed provider’s control system;
and (b) the licensed provider has informed the
person in writing of the effect of sections 20(4), 20A and
22A. Maximum penalty—200 penalty units.
20 Player’s account (1)
A player’s account is an
account— Current as at [Not applicable]
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[s
20] (a) in the name of the player—
(i) at a financial institution; or
(ii) with a body
prescribed under a regulation; and (b)
against which the licensed provider has a
right to debit the amount of a wager. (2)
A
player’s account must be established on the basis mentioned
in
this section. (3) A player’s
account must
be established on
a basis under
which, while the player is an unrestricted
player, the player may only have direct recourse to the funds
in the account— (a) to obtain the balance of funds in the
account and close the account; or (b)
to
obtain the whole or part of the amount paid into the
account as a prize in an authorised game;
or (c) as authorised by
the licensed provider
or chief executive. (4)
Also, a player’s account must be established
on a basis under which, while the player is a restricted
player, the player may not— (a)
have recourse
to funds in
the account to
obtain the
whole or part of the balance of the funds in
the account; or (b) close
the account if
there is
a balance standing
to the credit of the
account. (5) Subsection (4) applies whether the
balance— (a) consists of
amounts deposited
into the
account by
the player ( deposited
amounts ); or (b)
consists of
amounts paid
into the
account as
prizes in
authorised games ( winnings
);
or (c) consists partly
of deposited amounts
and partly of
winnings. Page 24
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[s
20A] 20A Restrictions on deposits for player’s
account A licensed provider
must not,
for the player’s
account of
a restricted player, permit the
player— (a) to make
a deposit that
is more than
the amount prescribed under
a regulation (the fixed amount ); or
(b) in a
period prescribed under
a regulation, to
make deposits
totalling more than the fixed amount. Maximum
penalty—200 penalty units. 21 Acceptance of
wagers A licensed provider must not accept a wager
from a player in an authorised game unless—
(a) a player’s account has been
established in the name of the player and there are adequate
funds in the account to cover the amount of the wager;
or (b) the funds necessary to cover the
amount of the wager are provided in a way authorised under a
regulation. 22 Player to be bound by rules of the
game A player who participates in an authorised
game must comply with rules
of the game
as notified to
the player under
the conditions on which the game is
authorised. Maximum penalty—40 penalty units.
22A Accounting for account balances for
restricted players (1) This section applies if—
(a) a person’s
registration as
a restricted player
ceases to
have
effect because of section 18(6); and (b)
when
the registration ceases to have effect, an amount
(the account
balance )
is standing to
the credit of
a player’s account established in the
name of the person. Current as at [Not applicable]
Page
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Interactive Gambling (Player Protection) Act
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[s
23] (2) The licensed
provider must
pay the account
balance to
the chief executive. (3)
If
an amount of the account balance is not paid by the licensed
provider, the State may recover the amount
from the provider as a debt. Not
authorised —indicative
only Division 4 Restriction of
gambling venues 23 Use of premises for interactive
gambling A person must not— (a)
advertise that
premises are
available for
playing interactive
games; or (b) seek to obtain a commercial advantage
from the use of premises for playing interactive
games. Maximum penalty—200 penalty
units or
2 years imprisonment. Division 5
Exemption schemes 24
Meaning of exemption
scheme An exemption scheme
is a scheme
exempting the
licensed provider
authorised to
conduct interactive games
under the
scheme (the
exempted provider
) from the
application of
specified provisions of this Act to an
extent prescribed in the scheme. 25
Approval of exemption scheme
(1) The Minister
may approve an
exemption scheme
if the Minister is
satisfied, on application by a licensed provider or
an
applicant for an interactive gambling licence— (a)
the exemption scheme
complies with
the criteria for
approval of exemption schemes; and
Page
26 Current as at [Not applicable]
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1998 Part 2 Interactive gambling
[s
26] (b) the approval of the exemption scheme
is warranted in the circumstances of the particular
case. Examples— 1
The
Minister may consider an exemption scheme warranted if the
interactive games are to be conducted by or
for the benefit of a charity and the proceeds are to be
devoted to charitable purposes. 2
The
Minister may consider an exemption scheme warranted if a
game
authorised under another Act involves interactive elements
(and
therefore falls within the definition of an interactive game)
but is to be substantially conducted under the
other Act. (2) An exemption scheme complies with the
criteria for approval of exemption
schemes if
(and only
if) the Minister
is satisfied— (a)
the standards of
probity required
under this
Act for providers of
interactive games and those involved in the conduct of
interactive games will not be compromised by the approval
of the scheme; and (b) adequate and appropriate safeguards
will exist to ensure the fairness
of the interactive games
to be conducted
under the scheme and to protect the
interests of players; and (c)
adequate and
appropriate safeguards will
exist to
prevent participation in
the interactive games
to be conducted under
the scheme by minors; and (d) the scheme
provides for other adequate and appropriate safeguards to
ensure that
the public interest
is not affected in an
adverse and material way by the conduct of interactive
games under the scheme. (3) For this Act, a
game authorised under an approved exemption scheme is an
authorised game. 26 Cancellation of approval
(1) The Minister may, by written notice to
an exempted provider, cancel the approval of an exemption
scheme if the Minister is of the opinion the scheme no longer
complies with the criteria for approval of exemption
schemes. Current as at [Not applicable]
Page
27
Interactive Gambling (Player Protection) Act
1998 Part 2 Interactive gambling
[s
27] (2) However, the
Minister may
only cancel
the approval of
an approved exemption
scheme after
giving the
exempted provider written
notice of the proposed cancellation and the reasons
for it and
allowing the
exempted provider
a reasonable opportunity to make
representations. Not authorised —indicative
only 27 Termination of
approved exemption scheme An approved exemption scheme
terminates if— (a) the approval
was given for
a specified period
and the period comes to
an end; or (b) the Minister cancels the approval
under this division. 28 Gazette notice (1)
The
Minister must have notice published in the gazette of—
(a) the approval of an exemption scheme;
or (b) the cancellation of
the approval of
an exemption scheme.
(2) Notice of the approval of an exemption
scheme must state an address at
which interested members
of the public
may inspect, or obtain a copy of, the
exemption scheme. Division 6 General
validation of authorised activities 29
Lawful activities Despite any
other law, the following activities are lawful— (a)
the
conduct of an authorised game, under this Act, by a
person authorised under this Act or a
corresponding law to conduct the game; (b)
the
advertisement and promotion (subject to this Act) of
an
authorised game; Page 28 Current as at
[Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 3 Interactive gambling licences
[s
30] (c) activities of an agent conducted under
this Act and the relevant agency agreement;
(d) participation (subject
to this Act)
as a player
in an authorised
game; (e) the doing of anything else required or
authorised to be done under this Act. Part 3
Interactive gambling licences
Division 1 Applications
for, and issue of, interactive gambling licences
30 Application for interactive gambling
licence (1) An application for an interactive
gambling licence must be in an approved
form. (2) An application must be accompanied by
any application fee prescribed under a regulation.
(3) The Minister may, by written notice
given to an applicant for an interactive gambling licence,
require the applicant to give the
Minister further
information or
a document that
is necessary and
reasonable to
help the
Minister decide
the application. 31
Consideration of application
(1) The Minister must consider an
application for an interactive gambling
licence and
either grant
or refuse to
grant the
application. (2)
Despite subsection (1), the Minister is
required to consider an application for
an interactive gambling
licence by
a natural person only if
the applicant agrees to having the applicant’s photograph and
fingerprints taken. Current as at [Not applicable]
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Act 1998 Part 3 Interactive gambling licences
[s
32] 32 Conditions for granting
application (1) The Minister
may grant an
application for
an interactive gambling licence
only if the Minister is satisfied— (a)
the
applicant is a suitable person to hold an interactive
gambling licence; and (b)
each
business or executive associate of the applicant is a
suitable person
to be associated with
a licensed provider’s
operations. (2) However, the Minister may refuse to
grant an application even if the
Minister is
satisfied of
the matters mentioned
in subsection (1). 33
Suitability of applicant to hold interactive
gambling licence (1)
In
deciding whether an applicant is a suitable person to hold
an
interactive gambling licence, the Minister may have regard
to
the following matters— (a) the applicant’s
character or business reputation; (b)
the applicant’s current
financial position
and financial background; (c)
if the applicant
is not an
individual—whether the
applicant has, or has arranged, a
satisfactory ownership, trust or corporate structure;
(d) whether the
applicant has,
or is able
to obtain, appropriate
resources and appropriate services; (e)
whether the
applicant has
the appropriate business
ability to conduct interactive games
successfully under an interactive gambling licence;
(f) if the applicant has a business
association with another entity— (i)
the
entity’s character or business reputation; and (ii)
the
entity’s current financial position and financial
background; Page 30
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[s
34] (g) anything else prescribed under a
regulation. (2) In subsection (1)— appropriate
resources means financial resources—
(a) adequate, in
the Minister’s opinion,
to ensure the
financial viability
of operations conducted
under an
interactive gambling licence; and
(b) available from
a source that
is not, in
the Minister’s opinion, tainted
with illegality. appropriate services means the
services of persons who have appropriate experience to
ensure the
proper and
successful conduct of
interactive games. 34 Suitability of business and executive
associates In deciding whether a business or executive
associate of an applicant for
an interactive gambling
licence is
a suitable person to be
associated with a licensed provider’s operations,
the
Minister may have regard to the following matters—
(a) the person’s character or business
reputation; (b) the person’s
current financial
position and
financial background; (c)
if the person
has a business
association with
another entity—
(i) the entity’s character or business
reputation; and (ii) the entity’s
current financial position and financial background; (d)
anything else prescribed under a
regulation. 35 Investigations of suitability of
persons (1) The chief
executive may
investigate an
applicant for
an interactive gambling
licence to
help the
Minister decide
whether the
applicant is
a suitable person
to hold an
interactive gambling licence.
Current as at [Not applicable]
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31
Interactive Gambling (Player Protection) Act
1998 Part 3 Interactive gambling licences
[s
36] (2) The chief executive may investigate a
business or executive associate of an applicant for an
interactive gambling licence to help
the Minister decide
whether the
business or
executive associate is a
suitable person to be associated with a licensed
provider’s operations. Not
authorised —indicative
only 36 Decision on
application (1) If the
Minister decides
to grant an
application for
an interactive gambling
licence, the
Minister must
promptly issue an
interactive gambling licence to the applicant. (2)
If
the Minister decides to refuse to grant an application for
an interactive gambling licence, the Minister
must promptly give the applicant written notice of the
decision. 37 Conditions of licence
The
Minister may issue an interactive gambling licence—
(a) on conditions the
Minister considers
necessary or
desirable for
the proper conduct
of interactive games;
and (b) on other
conditions the Minister considers necessary or desirable in the
public interest. 38 Form of licence (1)
An
interactive gambling licence must be in the approved form.
(2) The approved
form must
provide for
the inclusion of
the following particulars—
(a) the licensed provider’s name;
(b) the date of issue of the
licence; (c) the term for which the licence is
(subject to this Act) to remain in force; (d)
the
conditions of the licence; (e) other
particulars prescribed under a regulation. Page 32
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1998 Part 3 Interactive gambling licences
[s
39] 39 Changing conditions of licence
(1) The Minister
may decide to
change the
conditions of
an interactive gambling
licence, if
the Minister considers
it is necessary
or desirable to
make the
change for
the proper conduct
of authorised games
by the licensed
provider or
otherwise in the public interest.
(2) However, if a condition of an
interactive gambling licence is designated in
the licence as a condition that may be changed only
by agreement between
the Minister and
the licensed provider,
the condition may
be changed only
by agreement between those
persons. (3) If the Minister decides to change
conditions of an interactive gambling
licence under
this section,
the Minister must
promptly give
the licensed provider
written notice
of the change (a
condition notice ) and the
reasons for the change. (4) The power of the
Minister under subsection (1) includes the power to add
conditions to an unconditional licence. 40
Return of licence for endorsement of changed
conditions (1) The licensed provider must return the
licence to the Minister within 7
days of
receiving the
condition notice
notifying a
change of
conditions, unless
the licensed provider
has a reasonable
excuse. Maximum penalty—40 penalty units.
(2) On receiving
the interactive gambling
licence, the
Minister must—
(a) amend the licence in an appropriate
way and return the amended licence to the licensed provider;
or (b) if the
Minister does
not consider it
is practicable to
amend the
licence—issue a
replacement licence,
incorporating the
changed conditions, to
the licensed provider.
Current as at [Not applicable]
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Act 1998 Part 3 Interactive gambling licences
[s
41] (3) A change
of conditions does
not depend on
the interactive gambling
licence being
amended to
record the
change or
a replacement licence being
issued. (4) A change of conditions takes effect on
a day agreed between the Minister and the licensed provider
or, in the absence of an agreement, the later of the
following— (a) the day
the condition notice
notifying the
change is
given to the licensed provider;
(b) if a later day is stated in the
condition notice—the later day. Division 2
General provisions about interactive
gambling licences 41 Interactive gambling licence not to be
transferable (1) An interactive gambling licence can
not be transferred. (2) However, if
an interactive gambling
licence is
mortgaged, charged
or encumbered with
the written approval
of the Minister,
this section
does not
prevent the
transfer of
the licence, subject to section 42, by way
of enforcement of the security. 42
Mortgage and assignment of interactive
gambling licence (1) A licensed provider must not mortgage,
charge or otherwise encumber the licence except with the written
approval of the Minister. (2)
If a person
has a right
to sell and
transfer an
interactive gambling licence
under or because of a mortgage, charge or encumbrance, the
licence may only be sold and transferred to a person
approved by the Minister. (3) Before
the Minister approves
the transfer of
an interactive gambling
licence under
this section,
the Minister must
be satisfied that— Page 34
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[s
43] (a) the proposed transferee is a suitable
person to hold an interactive gambling licence; and
(b) each business and executive associate
of the proposed transferee is
a suitable person
to be associated with
a licensed provider’s operations.
(4) The Minister
may require the
proposed transferee of
an interactive gambling licence to submit
an application for the licence and may deal with the
application, and investigate the suitability of
the proposed transferee and
the proposed transferee’s business
and executive associates, in
the same way
as if the
application were
an application for
a new interactive
gambling licence. (5) If a person has under, or because of,
a mortgage, charge or encumbrance a power to appoint a
receiver or manager of the business conducted under an
interactive gambling licence, the power may only
be exercised if the Minister first approves the proposed
receiver or manager in writing. 43
Surrender of interactive gambling
licence (1) A licensed
provider may
surrender the
licence by
written notice given to
the Minister. (2) The surrender takes effect—
(a) if paragraph (b) does not
apply— (i) 3 months after the notice is given;
or (ii) if a later day
of effect is stated in the notice—on the later day;
or (b) if the
Minister, by
written notice,
approves a
day of effect
that is
earlier than
3 months after
the notice is
given—on the day of effect approved by the
Minister. Current as at [Not applicable]
Page
35
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Act 1998 Part 3 Interactive gambling licences
[s
44] Division 3 Suspension and
cancellation of interactive gambling licences
44 Grounds for suspension or
cancellation (1) Each of the following is a ground for
suspending or cancelling an interactive gambling
licence— (a) the licensed provider is not, or is no
longer, a suitable person to hold an interactive gambling
licence; (b) a business
or executive associate
of the licensed
provider is not, or is no longer, a suitable
person to be associated with a licensed provider’s
operations; (ba) a
business or
executive associate
of the licensed
provider is a person whom the provider is
required to ensure is not a business or executive
associate under a regulation under section 263(4)(b);
(c) the licensed provider has been
convicted of an offence against this Act, a gaming Act or a
corresponding law; (d) the licensed provider has been
convicted of an indictable offence; (e)
the
licensed provider has contravened a condition of the
interactive gambling licence;
(f) the licensed provider has contravened
a provision of this Act or a
corresponding law
(being a
provision a
contravention of which does not constitute
an offence); (g) the licensed
provider has
failed to
discharge financial
commitments for the licensed provider’s
operations; (h) the licensed provider is bankrupt, has
compounded with creditors or
otherwise taken,
or applied to
take, advantage of any
law about bankruptcy; (i) the licensed
provider is affected by control action under the Corporations
Act; Page 36 Current as at
[Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 3 Interactive gambling licences
[s
45] (j) the interactive gambling
licence was
obtained by
a materially false or misleading
representation or in some other improper way.
(2) For forming
the belief that
the ground mentioned
in subsection (1)(a) exists, the Minister
may have regard to the same matters
to which the
Minister may
have regard
in deciding whether an applicant is a
suitable person to hold an interactive gambling licence.
(3) For forming
the belief that
the ground mentioned
in subsection (1)(b) exists, the Minister
may have regard to the same matters
to which the
Minister may
have regard
in deciding whether
a business or
executive associate
of an applicant is a
suitable person to be associated with a licensed
provider’s operations. (4)
For
subsection (1)(i), a licensed provider is affected by
control action under the Corporations Act if the
licensed provider— (a) has executed a deed of company
arrangement under that Act; or (b)
is the subject
of a winding-up (whether
voluntarily or
under a court order) under that Act;
or (c) is the
subject of
an appointment of
an administrator, liquidator,
receiver or receiver and manager under that Act.
45 Show cause notice (1)
This
section applies if the Minister believes— (a)
a ground exists
to suspend or
cancel an
interactive gambling
licence; and (b) the act, omission or other thing
constituting the ground is of a serious and fundamental
nature; and (c) either— (i)
the
integrity of the conduct of interactive games by
the licensed provider
may be jeopardised in
a material way; or Current as at
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Act 1998 Part 3 Interactive gambling licences
[s
46] (ii) the public
interest may be affected in an adverse and material
way. (2) The Minister must give the licensed
provider a written notice (a show cause
notice ) that— (a)
states the
action (the
proposed action
) the Minister
proposes taking under this division;
and (b) states the grounds for the proposed
action; and (c) outlines the facts and circumstances
forming the basis for the grounds; and (d)
if the proposed
action is
suspension of
the interactive gambling
licence—states the
proposed suspension period;
and (e) invites the
licensed provider
to show within
a stated period
(the show cause period ) why the
proposed action should not be taken. (3)
The
show cause period must be a period ending at least 21
days after
the show cause
notice is
given to
the licensed provider.
46 Copy of show cause notice to be given
to interested persons (1)
The
Minister must promptly give a copy of the show cause
notice to— (a)
each
participating regulator; and (b)
each
person (an interested person ) the Minister
believes has an interest in the interactive gambling
licence if the Minister considers— (i)
the
person’s interest may be affected adversely by the suspension
or cancellation of the licence; and (ii)
it
is otherwise appropriate in the circumstances to
give
the copy of the notice to the person. Page 38
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1998 Part 3 Interactive gambling licences
[s
47] (2) In considering whether it is
appropriate to give a copy of the show cause
notice to an interested person, the issues to which
the
Minister may have regard include the following— (a)
the
nature of the interested person’s interest; (b)
whether the
licensed provider’s interest
may be improperly
prejudiced. (3) A person to whom a copy of the show
cause notice is given may make representations about the
notice to the Minister in the show cause period.
47 Consideration of
representations The Minister must
consider all
written representations (the
accepted representations ) made during
the show cause period by— (a)
the
licensed provider; or (b) any
participating regulator or interested person to whom
a
copy of the show cause notice is given. 48
Immediate suspension (1)
The Minister may
suspend an
interactive gambling
licence immediately if
the Minister believes— (a) a ground exists
to suspend or cancel the licence; and (b)
the circumstances are
so extraordinary that
it is imperative to
suspend the
licence immediately to
ensure— (i)
the
public interest is not affected in an adverse and
material way; or (ii)
the
integrity of the conduct of interactive games by
the licensed provider
is not jeopardised in
a material way. (2)
The
suspension— Current as at [Not applicable]
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39
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only Interactive Gambling (Player Protection)
Act 1998 Part 3 Interactive gambling licences
[s
49] (a) must be effected by written notice
(a suspension notice )
given to the licensed provider with a show
cause notice; and (b) operates
immediately the
suspension notice
is given; and
(c) continues to
operate until
the show cause
notice is
finally dealt with. 49
Censuring licensed provider
(1) This section applies if the
Minister— (a) believes a
ground exists
to suspend or
cancel an
interactive gambling licence; but
(b) does not believe the giving of a show
cause notice to the licensed provider is warranted.
(2) This section
also applies
if, after considering the
accepted representations
for a show cause notice, the Minister— (a)
still believes
a ground exists
to suspend or
cancel an
interactive gambling licence; but
(b) does not
believe suspension or
cancellation of
the licence is warranted.
(3) The Minister
may, by
written notice
given to
the licensed provider,
censure the licensed provider for a matter relating to
the
ground for suspension or cancellation. 50
Direction to rectify (1)
This
section applies if— (a) the Minister believes—
(i) a ground exists to suspend or cancel
an interactive gambling licence; but (ii)
it is appropriate to
give the
licensed provider
an opportunity to rectify the matter
without giving a show cause notice; and Page 40
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Interactive Gambling (Player Protection) Act
1998 Part 3 Interactive gambling licences
[s
51] (b) the licensed provider has been given
written notice that the Minister proposes
to give a
direction under
this section
and a reasonable opportunity to
make representations
about the proposed direction. (2)
This section
also applies
if, after considering the
accepted representations
for a show cause notice, the Minister— (a)
still believes
a ground exists
to suspend or
cancel an
interactive gambling licence; but
(b) believes it is appropriate to give the
licensed provider an opportunity to rectify the
matter. (3) The Minister
may, by
written notice
given to
the licensed provider,
direct the
licensed provider
to rectify the
matter within the
period stated in the notice. (4)
The
notice must state the reasons for the decision to give the
direction. (5)
The period stated
in the notice
must be
reasonable having
regard to the nature of the matter to be
rectified. (6) A licensed provider must comply with a
direction under this section. Maximum penalty
for subsection (6)—40 penalty units. 51
Notice referring question of disciplinary
action to Governor in Council (1)
This section
applies if,
after considering the
accepted representations for
the show cause
notice, the
Minister still
believes— (a)
a ground exists
to suspend or
cancel the
interactive gambling
licence; and (b) the act, omission or other thing
constituting the ground is of a serious and fundamental
nature; and (c) either— Current as at
[Not applicable] Page 41
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only Interactive Gambling (Player Protection)
Act 1998 Part 3 Interactive gambling licences
[s
52] (i) the integrity of the conduct of
interactive games by the licensed
provider may
be jeopardised in
a material way; or (ii)
the
public interest may be affected in an adverse or
material way. (2)
This section
also applies
if, after considering the
accepted representations
for a show cause notice, the Minister directs the
licensed provider
to rectify a
matter and
the licensed provider
fails to
comply with
the direction within
the time allowed for
compliance. (3) The Minister must forward to the
Governor in Council— (a) written notice
of the Minister’s belief or of the licensed provider’s
failure to comply with the direction; and (b)
copies of
the accepted representations for
the show cause
notice. 52 Suspension, cancellation and
appointment of administrator (1)
After receiving the notice from the Minister
under section 51, the Governor in Council may—
(a) if the proposed action stated in the
show cause notice was to suspend
the interactive gambling
licence for
a stated period—suspend the licence for
not longer than the stated period; or (b)
if
the proposed action stated in the show cause notice
was
to cancel the interactive gambling licence— (i)
suspend the licence for a period; or
(ii) cancel the
licence; or (iii) appoint an
administrator to conduct the operations of the licensed
provider under the licence; or (c)
direct the Minister to censure the licensed
provider. (2) The Minister
must promptly
give written
notice of
the decision of the Governor in Council to
the licensed provider. Page 42 Current as at
[Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 3 Interactive gambling licences
[s
53] (3) A decision to suspend or cancel the
licence, or to appoint an administrator, takes effect on the
later of the following— (a) the day the
notice is given to the licensed provider; (b)
if a
later day is stated in the notice—the later day.
(4) This section applies despite the
Corporations Act. 53 Terms of appointment, and role, of
administrator (1) This section
applies to
an administrator appointed
by the Governor
in Council to
conduct operations under
an interactive gambling licence.
(2) For any
matter not
provided for
under this
Act, the
administrator holds office on terms decided
by the Governor in Council. (3)
The
administrator— (a) has full control of, and
responsibility for, the operations of the licensed
provider conducted under the interactive gambling licence
(including authorised games that had been commenced
but not completed as at the time of the administrator’s
appointment); and (b) subject to any directions by the
Minister, must conduct the operations as
required by
this Act
as if the
administrator were the licensed
provider. (4) The costs of and incidental to the
conduct and administration of a licensed provider’s operations by
an administrator under this section (the costs of
administration ) are payable by the licensed
provider. (5) Any profits
derived from
the conduct of
the licensed provider’s
operations by the administrator are, after payment
of the costs
of administration, to
be paid to
the licensed provider.
(6) This section applies despite the
Corporations Act. Current as at [Not applicable]
Page
43
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Act 1998 Part 3 Interactive gambling licences
[s
54] 54 Cancellation or reduction of period of
suspension (1) If an
interactive gambling
licence is
under suspension, the
Governor in Council may at any time—
(a) cancel the suspension; or
(b) reduce the remaining period of
suspension by a stated period. (2)
The Minister must
promptly give
written notice
of the decision of the
Governor in Council to the licensed provider. Division 4
Investigations into suitability
55 Audit program (1)
The
Minister may approve an audit program for investigating
licensed providers and their business or
executive associates. (2) The
chief executive
is responsible for
ensuring that
investigations under an approved audit
program are conducted in accordance with the program.
(3) A person may be investigated under an
audit program only if there has not been an investigation of
the same person within the preceding 2 years.
56 Investigations (1)
The chief executive
may investigate a
licensed provider
to help the
Minister decide
whether the
licensed provider
is a suitable person
to hold, or to continue to hold, an interactive gambling
licence. (2) The chief executive may investigate a
business or executive associate of
a licensed provider
to help the
Minister decide
whether the person is, or continues to be, a
suitable person to be associated with a licensed provider’s
operations. (3) However, the
chief executive
may investigate a
licensed provider only
if— Page 44 Current as at
[Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 3 Interactive gambling licences
[s
57] (a) the Minister reasonably suspects the
licensed provider is not, or
is no longer,
a suitable person
to hold an
interactive gambling licence; or
(b) the investigation is
made under
an audit program
for licensed providers approved by the
Minister. (4) Also, the
chief executive
may investigate a
business or
executive associate of a licensed provider
only if— (a) the Minister reasonably suspects the
person is not, or is no longer,
a suitable person
to be associated with
a licensed provider’s operations;
or (b) the investigation is
made under
an audit program
for associates of
licensed providers
approved by
the Minister; or (c)
the
person— (i) became a
business or
executive associate
of the licensed
provider after the issue of the interactive gambling
licence; and (ii) has not been
investigated previously under an audit program
mentioned in paragraph (b); or (d)
the
person— (i) was a
business or
executive associate
of the licensed
provider when
the interactive gambling
licence was issued; and (ii)
has
not been investigated under section 35(2). 57
Requirement to give information or document
for investigation (1)
In
investigating a licensed provider, or a business or
executive associate of a licensed provider, the chief
executive may, by written notice given to the person, require
the person to give the chief executive
information or
a document the
chief executive
considers relevant to the investigation. Current as at
[Not applicable] Page 45
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only Interactive Gambling (Player Protection)
Act 1998 Part 3 Interactive gambling licences
[s
58] (2) When making the requirement, the chief
executive must warn the person it
is an offence
to fail to
comply with
the requirement, unless the person has a
reasonable excuse. (3) The person
must comply
with the
requirement, unless
the person has a reasonable excuse.
Maximum penalty—200 penalty
units or
2 years imprisonment. (4)
It
is a reasonable excuse for the person not to comply with the
requirement if complying with the
requirement might tend to incriminate the person.
(5) The person does not commit an offence
against this section if the information or document sought by
the chief executive is not in fact relevant to the
investigation. 58 Reports about person’s criminal
history (1) If the
chief executive, in
making an
investigation about
a person under section 35 or 56 asks the
commissioner of the police service for a written report about
the person’s criminal history, the
commissioner must
give the
report to
the chief executive. (2)
The
report is to contain— (a) relevant
information in the commissioner’s possession; and
(b) relevant information that
the commissioner can
reasonably obtain
by asking officials
administering police services
in other Australian jurisdictions; and (c)
other relevant
information to
which the
commissioner has
access. 59 Decisions about interactive gambling
licence not to be justiciable (1)
A
decision of the Governor in Council or Minister made, or
appearing to
be made, under
this Act
about an
interactive gambling
licence, a
person with
an interest or
potential Page 46
Current as at [Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 3 Interactive gambling licences
[s
59] interest in an interactive gambling licence,
the authorisation (or revocation of the authorisation) of an
interactive game or the approval (or cancellation of the
approval) of an exemption scheme— (a)
is
final and conclusive; and (b) can
not be challenged, appealed
against, reviewed,
quashed, set aside, or called in question in
another way, under the
Judicial Review
Act 1991 or
otherwise (whether by the
Supreme Court, another court, a tribunal or another
entity); and (c) is not subject to any writ or order of
the Supreme Court, another court, a tribunal or another entity
on any ground. (2) The decision to which subsection (1)
applies include, but are not limited to— (a)
a decision of
the Governor in
Council mentioned
in schedule 1, part 1; and
(b) a decision of the Minister mentioned
in schedule 1, part 2. (3) In this
section— decision includes—
(a) conduct engaged in to make a decision;
and (b) conduct related to making a decision;
and (c) failure to make a decision.
Current as at [Not applicable]
Page
47
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only Interactive Gambling (Player Protection)
Act 1998 Part 4 Key persons [s 60]
Part
4 Key persons Division 1
Requirement for key persons to be
licensed 60
Meaning of key
person and key relationship (1)
A key person is a person
who— (a) occupies or acts in a managerial
position, or carries out managerial functions, in
relation to
operations carried
out
under an interactive gambling licence or the business
of
the licensed provider; or (b) is
in a position
to control or
exercise significant influence
over the
operations conducted
under an
interactive gambling licence; or
(c) occupies or acts in a position
designated in the licensed provider’s control system as a key
position; or (d) occupies a position with, or carries
out functions for, a licensed provider
that make
the person a
key person under criteria
prescribed under a regulation; or (e)
is a business
or executive associate
of a licensed
provider designated by the chief executive,
by written notice given to the licensed provider, as a
key person. (2) Subsection (1)(a) and
(b) applies to
a position only
if the position is
designated by the chief executive by written notice
given to the licensed provider as a key
position. (3) Subsection (1)(a) applies to functions
only if the functions are designated by the chief executive by
written notice given to the licensed provider as key
functions. (4) A key
relationship is
a relationship (other
than a
familial relationship)
between a licensed provider and another person as a result of
which the other person is a key person. Page 48
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Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 61]
61 Obligation to hold licence
(1) A person
must not
accept employment as
a key person,
or agree to carry out as an employee the
duties of a key person, unless the person is a key person
licensee. Maximum penalty—40 penalty units.
(2) A licensed provider must not employ a
person to carry out the functions of a key person, unless the
person is a key person licensee. Maximum penalty
for subsection (2)—40 penalty units. 62
Requirement that key person apply for
licence or end role (1) If the chief executive reasonably
believes a person (other than a
key person licensee)
is a key
person, the
chief executive
may,
by written notice given to the person, require the person
either to
apply for
a key person
licence or
to terminate the
relevant key
relationship, within
7 days of
receiving the
notice. (2)
The
person must comply with the requirement within 7 days
of receiving the
notice, unless
the person has
a reasonable excuse.
Maximum penalty—100 penalty
units or
1 year’s imprisonment. (3)
The chief executive
must give
a copy of
the notice to
the relevant licensed provider.
63 Requirement that key person end
role (1) If the chief executive refuses to
approve an application for a key person
licence made by a person of whom a requirement has been made
under section 62, the chief executive may, by written
notice given
to the person,
require the
person to
terminate the relevant key relationship
within the time stated in the notice. (2)
The
person must comply with the requirement within the time
stated in the notice, unless the person has
a reasonable excuse. Current as at [Not applicable]
Page
49
Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 64]
Maximum penalty—100 penalty
units or
1 year’s imprisonment. (3)
A
person does not incur any liability as a result of action
taken to comply with a notice under this
section. Not authorised —indicative
only 64 Requirement to
end key person’s role (1) This
section applies
if a requirement is
made of
a person under section 62
and— (a) the person fails to comply with the
requirement; or (b) the chief executive refuses to approve
an application for a key person licence made by the
person. (2) This section also applies if a
requirement is made of a person under
section 63 and
the person fails
to comply with
the requirement. (3)
The chief executive
may, by
written notice
given to
the licensed provider
with whom
the key relationship exists,
require the licensed provider to take any
necessary action to terminate the
key relationship within
the time stated
in the notice.
(4) The licensed provider must comply with
the requirement. (5) This section applies to a licensed
provider despite another Act or law.
(6) A licensed
provider does
not incur any
liability because
of action taken to comply with a notice
under this section. Division 2 Applications
for, and issue of, key person licences 65
Application for key person licence
(1) An application for a key person
licence must be made to the chief executive
in the approved form. (2) An application
must be accompanied by— Page 50 Current as at
[Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 66]
(a) if a key relationship exists or is
proposed with a licensed provider—a letter from the licensed
provider addressed to the chief
executive confirming the
existence or
proposed existence of the key relationship;
and (b) any documents prescribed under a
regulation; and (c) the application fee prescribed under a
regulation. (3) The chief
executive may,
by written notice
given to
an applicant for
a key person
licence, require
the applicant to
give the
chief executive
further information or
a document that is
necessary and reasonable to help the chief executive
decide the application. 66
Consideration of application
(1) The chief
executive must
consider an
application for
a key person
licence and
either grant
or refuse to
grant the
application. (2)
Despite subsection
(1), the chief executive
is required to
consider an application only if the
applicant agrees to having the applicant’s photograph and
fingerprints taken. 67 Conditions for granting
application (1) The chief executive may grant an
application for a key person licence only
if— (a) the applicant’s photograph and
fingerprints have
been taken;
and (b) the chief executive is satisfied the
applicant is a suitable person to hold a key person
licence. (2) In deciding whether the applicant is a
suitable person to hold a key person licence, the chief
executive may have regard to the following
matters— (a) the applicant’s character;
(b) the applicant’s current
financial position
and financial background; Current as at
[Not applicable] Page 51
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only Interactive Gambling (Player Protection)
Act 1998 Part 4 Key persons [s 68]
(c) the applicant’s general suitability to
carry out functions for a licensed provider as a key
person. 68 Investigation of suitability of
applicant The chief executive
may investigate an
applicant for
a key person licence
to help the chief executive decide whether the applicant is a
suitable person to hold a key person licence. 69
Decision on application (1)
If
the chief executive decides to grant an application for a
key person licence, the chief executive must
promptly— (a) issue a key person licence to the
applicant; and (b) give written
notice of
the grant of
the licence to
the relevant licensed provider.
(2) If the chief executive decides to
refuse to grant an application for a key person
licence, the chief executive must promptly— (a)
give the
applicant an
information notice
about the
decision; and (b)
give written
notice of
the decision to
the relevant licensed
provider. 70 Form of key person licence
(1) A key person licence must be in the
approved form. (2) The approved
form must
provide for
the inclusion of
the following particulars—
(a) the key person licensee’s name;
(b) a recent photograph of the
licensee; (c) the date of issue of the
licence; (d) the conditions of the licence;
(e) other particulars prescribed under a
regulation. Page 52 Current as at
[Not applicable]
Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 71]
71 Term of key person licence
A
key person licence remains in force unless it lapses or is
cancelled or surrendered.
Not authorised —indicative only
72 Lapsing of key person licence
A key person
licence lapses
if there has
been no
key relationship between the key person
licensee and a licensed provider for a continuous period of 1
year. 73 Conditions (1)
The
chief executive may issue a key person licence— (a)
on
conditions the chief executive considers necessary or
desirable for
the proper conduct
of interactive games;
and (b) on
other conditions the
chief executive
considers necessary or
desirable in the public interest. (2)
If
the chief executive decides to issue a key person licence on
conditions, the chief executive must
promptly— (a) give the
applicant an
information notice
about the
decision; and (b)
give a
copy of
the notice to
the relevant licensed
provider. 74
Changing conditions of key person
licence (1) The chief executive may decide to
change the conditions of a key person licence if the chief
executive considers it necessary or
desirable to
make the
change for
the proper conduct
of interactive games or otherwise in the
public interest. (2) If the chief executive decides to
change the conditions of a key person licence, the chief
executive must immediately— (a)
give
the key person licensee— (i) written notice
of the changed conditions; and Current as at
[Not applicable] Page 53
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only Interactive Gambling (Player Protection)
Act 1998 Part 4 Key persons [s 75]
(ii) an information
notice about the decision; and (b)
if
the chief executive believes there is currently a key
relationship between
the key person
licensee and
a licensed provider—give the licensed
provider a copy of the information notice. (3)
The
key person licensee must return the licence to the chief
executive within 7 days of receiving the
information notice, unless the licensee has a reasonable
excuse. Maximum penalty—40 penalty units.
(4) On receiving the licence, the chief
executive must— (a) amend the licence in an appropriate
way and return the amended licence to the key person licensee;
or (b) if the chief executive does not
consider it practicable to amend the
licence—issue another
key person licence,
incorporating the changed conditions, to the
key person licensee to
replace the
licence returned
to the chief
executive. (5)
The change of
conditions does
not depend on
the licence being amended to
record the change or a replacement licence being
issued. (6) The change of conditions takes
effect— (a) on the
day the information notice
is given to
the key person licensee;
or (b) if a later day of effect is stated in
the notice—on the later day. (7)
The power of
the chief executive
under subsection
(1) includes the
power to
add conditions to
an unconditional licence.
75 Replacement of key person
licence (1) A key person licensee may apply to the
chief executive for the replacement of the licensee’s licence
if it has been lost, stolen, destroyed or
damaged. Page 54 Current as at
[Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 76]
(2) The chief executive must consider an
application and either grant or refuse to grant the
application. (3) The chief
executive must
grant the
application if
the chief executive
is satisfied the
licence has
been lost,
stolen or
destroyed, or damaged in a way to require
its replacement. (4) If the chief executive decides to
grant an application, the chief executive
must, on
payment of
the fee prescribed under
a regulation, issue another key person
licence to the applicant to replace the
lost, stolen, destroyed or damaged licence. (5)
If
the chief executive decides to refuse to grant an
application, the chief executive must promptly—
(a) give the key person licensee an
information notice about the decision; and (b)
if
the chief executive believes there is currently a key
relationship between
the key person
licensee and
a licensed provider—give the licensed
provider a copy of the information notice. 76
Surrender of key person licence
(1) A key person licensee may surrender
the licence by written notice given to the chief
executive. (2) The surrender takes effect on—
(a) the day the notice is given to the
chief executive; or (b) if a later day of effect is stated in
the notice—the later day. (3)
If the chief
executive believes
there was
a key relationship between the key
person licensee and a licensed provider at the time of the
surrender, the chief executive must promptly give
notice of the surrender to the licensed
provider. Current as at [Not applicable]
Page
55
Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 77]
Division 3 Suspension and
cancellation of key person licences, and other action
by
chief executive Not authorised —indicative
only Subdivision 1 Suspension and
cancellation 77 Grounds (1)
Each
of the following is a ground for suspending or cancelling
a
key person licensee’s key person licence— (a)
the
key person licensee— (i) is
not a suitable
person to
hold a
key person licence;
or (ii) acts in a way
that is inappropriate for the conduct of interactive
games; or (iii) contravenes a
provision of
this Act,
or a corresponding law
of a participating jurisdiction, other than a
provision a contravention of which is an
offence against
this Act
or the corresponding law; or
(iv) contravenes a
condition of the licence; (b) the key person
licensee has a conviction, other than a spent
conviction, for— (i) an offence
against this
Act, a
gaming Act
or a corresponding law
of a participating jurisdiction; or
(ii) an indictable
offence; (c) the key
person licence
was issued because
of a materially false
or misleading representation or
document. (2)
For
forming a belief that the ground mentioned in subsection
(1)(a)(i) exists,
the chief executive
may have regard
to the same matters to
which the chief executive may have regard Page 56
Current as at [Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 78]
under section 67(2) in deciding whether an
applicant for a key person licence is a suitable person to hold
the licence. (3) For subsection (1)(a)(ii), a key
person licensee acts in a way that is
inappropriate for the conduct of interactive games if the
licensee does, or omits to do, an act that
results in— (a) the conduct of interactive games by a
licensed provider not being conducted under the provider’s
control system for the conduct of the games; and
(b) the integrity of the conduct of
interactive games being jeopardised. (4)
In
this section— spent conviction means a
conviction— (a) for which the rehabilitation period
under the Criminal Law
(Rehabilitation of Offenders) Act 1986 has
expired under that Act; and (b)
that is
not revived as
prescribed by
section 11 of
that Act.
78 Show cause notice (1)
If
the chief executive believes a ground exists to suspend or
cancel a key person licence, the chief
executive must before taking action
to suspend or
cancel the
licence give
the key person licensee
a written notice (a show cause notice ).
(2) The show cause notice must state the
following— (a) the action the chief executive
proposes taking under this subdivision (the proposed
action ); (b) the grounds for
the proposed action; (c) an
outline of
the facts and
circumstances forming
the basis for the grounds;
(d) if the proposed action is suspension
of the licence—the proposed suspension period;
(e) that the key person licensee may,
within a stated period (the show cause
period ), make written representations
Current as at [Not applicable]
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to
the chief executive to show why the proposed action
should not be taken. (3)
The
show cause period must end at least 21 days after the key
person licensee is given the show cause
notice. (4) Subsection (5) applies if the chief
executive believes— (a) there is
a key relationship between
the key person
licensee and a licensed provider; and
(b) the existence of the grounds for the
proposed action is likely to
adversely affect
the conduct of
interactive games by the
licensed provider. (5) The chief executive must immediately
give a copy of the show cause notice to the licensed
provider. (6) The licensed provider may make written
representations about the show cause notice to the chief
executive in the show cause period.
79 Consideration of
representations The chief executive must consider all
written representations (the accepted
representations ) made under section 78(2)(e) or
(6). 80 Immediate
suspension (1) The chief executive may suspend a key
person licensee’s key person licence immediately if the
chief executive believes— (a) a ground exists
to suspend or cancel the licence; and (b)
it
is necessary to suspend the licence immediately—
(i) in the public interest; or
(ii) to ensure the
integrity of the conduct of interactive games is not
jeopardised. (2) The suspension— (a)
can
be effected only by the chief executive giving the
key person licensee
an information notice
about the
Page
58 Current as at [Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 81]
decision to
suspend the
licence, together
with a
show cause notice;
and (b) operates immediately the information
notice is given to the licensee; and (c)
continues to
operate until
the show cause
notice is
finally dealt with. (3)
If the chief
executive believes
there is
a key relationship between the key
person licensee and a licensed provider, the chief executive
must immediately give written notice of the suspension to
the licensed provider. 81 Suspension and
cancellation of licence after show cause process
(1) This section applies if—
(a) there are no accepted representations
for a show cause notice; or (b)
after considering the
accepted representations for
a show cause notice, the chief
executive— (i) still believes a ground exists to
suspend or cancel a key person licence; and (ii)
believes suspension or cancellation of the
licence is warranted. (2)
This
section also applies if a key person licensee contravenes
a
direction given to the licensee under section 83A.
(3) The chief executive may—
(a) if the
proposed action
was to suspend
the licence— suspend
the licence for
not longer than
the proposed suspension
period; or (b) if the proposed action was to cancel
the licence—cancel the licence or suspend it for a
period. (4) If the chief executive decides to take
action under subsection (3), the chief executive must
immediately— Current as at [Not applicable]
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(a) give an information notice about the
decision to the key person licensee; and (b)
if
the chief executive believes there is a key relationship
between the
licensee and
a licensed provider—give written
notice of
the suspension or
cancellation to
the licensed provider. (5)
The
decision takes effect on the later of the following—
(a) the day the information notice is
given to the key person licensee; (b)
the
day of effect stated in the information notice. (6)
If the chief
executive cancels
the licence, the
key person licensee must
give the licence to the chief executive within 14
days
after the cancellation takes effect. Maximum penalty
for subsection (6)—40 penalty units. Subdivision
2 Other action by chief executive
82 Ending show cause process without
further action (1) This section
applies if,
after considering the
accepted representations
for a show cause notice, the chief executive no longer
believes a
ground exists
to suspend or
cancel a
key person licence. (2)
The
chief executive— (a) must not take any further action about
the show cause notice; and (b)
must
give each of the following a written notice stating
that
no further action is to be taken— (i)
the
key person licensee; (ii) a licensed
provider to whom a copy of the show cause notice was
given under section 78(5). Page 60 Current as at
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Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 83]
83 Censuring key person licensee
(1) The chief executive may censure a key
person licensee for a matter relating to a ground for
suspension or cancellation if the chief
executive— (a) believes a
ground exists
to suspend or
cancel the
licensee’s key person licence but does not
believe that giving a show cause notice to the licensee
is warranted; or (b) after
considering the
accepted representations for
a show cause
notice, still
believes a
ground exists
to suspend or cancel the licensee’s key
person licence but does not
believe suspension or
cancellation of
the licence is warranted.
(2) The censure can be effected only by
the chief executive giving the key
person licensee
an information notice
about the
decision to censure the licensee.
(3) If the
chief executive
believes there
is a key
relationship between the key
person licensee and a licensed provider, the chief executive
must immediately give written notice of the censure to the
licensed provider. 83A Direction to rectify matter after show
cause process (1) This section
applies if,
after considering the
accepted representations
for a show cause notice, the chief executive— (a)
still believes a ground exists to suspend or
cancel a key person licence; and (b)
believes a matter relating to the ground for
suspension or cancellation is
capable of
being rectified
and it is
appropriate to
give the
key person licensee
an opportunity to rectify the
matter. (2) The chief
executive may
direct the
key person licensee
to rectify the matter.
(3) If the chief executive decides to give
a key person licensee a direction under this section, the
direction can be effected only Current as at
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by the chief
executive giving
the licensee an
information notice about the
decision. (4) The information notice must state the
period for rectifying the matter. (5)
The
period must be reasonable, having regard to the nature of
the
matter to be rectified. (6) If the chief
executive gave a copy of the show cause notice to
a licensed provider
under section
78(5), the chief executive
must give
written notice
of the direction
to the licensed
provider immediately after
giving the
information notice
to the key person licensee.
83B Cancellation or reduction of period of
suspension (1) If the chief executive suspends a key
person licence, the chief executive may, for any remaining
period of suspension and at any time the
suspension is in force— (a) cancel the
period; or (b) reduce the period by a stated
period. (2) The chief executive may cancel or
reduce the period only if the chief
executive considers
it is appropriate to
take the
action. (3)
The
chief executive must immediately give written notice of
the
decision to— (a) the key person licensee; and
(b) if the
chief executive
believed there
was a key
relationship between
the licensee and
a licensed provider when
the licence was suspended—the licensed provider.
(4) Subsection (1) does not apply to an
immediate suspension. Page 62 Current as at
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Division 4 Interactive
Gambling (Player Protection) Act 1998 Part 4 Key
persons [s 84] Investigation of
key person licensees Not
authorised —indicative only
84 Audit program (1)
The chief executive
may approve an
audit program
for investigating key person
licensees. (2) The chief
executive is
responsible for
ensuring that
investigations of key person licensees are
conducted under an approved audit program in accordance with
the program. (3) A person may be investigated under an
audit program only if there has not been an investigation of
the same person within the preceding 2 years.
85 Investigations into suitability of key
person licensees (1) The chief executive may investigate a
key person licensee to find out whether the licensee is a
suitable person to hold, or to continue to
hold, a key person licence. (2)
However, the
chief executive
may investigate a
key person licensee under
this section only if— (a) the chief
executive reasonably suspects the licensee is not,
or is no
longer, a
suitable person
to hold a
key person licence; or (b)
the
investigation is made under an audit program for key
person licensees approved by the chief
executive. 86 Requirement to give information or
document for investigation (1)
In investigating a
key person licensee,
the chief executive
may, by
written notice
given to
the licensee, require
the licensee to give the chief executive
information or a document the chief executive considers relevant
to the investigation. (2) When making the
requirement, the chief executive must warn the key person
licensee that it is an offence to fail to comply
Current as at [Not applicable]
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with the
requirement, unless
the licensee has
a reasonable excuse.
(3) The key person licensee must comply
with the requirement, unless the licensee has a reasonable
excuse. Maximum penalty—200 penalty
units or
2 years imprisonment. (4)
It
is a reasonable excuse if complying with the requirement
might tend to incriminate the key person
licensee. (5) The key person licensee does not
commit an offence against this section if the information or
document sought by the chief executive is not
in fact relevant to the investigation. 87
Reports about criminal history
(1) If the
chief executive, in
making an
investigation under
section 68 or 85 into the suitability of a
person to hold, or to continue to hold, a key person
licence, asks the commissioner of
the police service
for a written
report on
the person’s criminal
history, the commissioner must give the report to the
chief executive. (2)
The
report is to contain— (a) relevant
information in the commissioner’s possession; and
(b) relevant information that
the commissioner can
reasonably obtain
by asking officials
administering police services
in other Australian jurisdictions; and (c)
other relevant
information to
which the
commissioner has
access. Division 5 Requirements
about employment 88 Notice of start of employee’s
employment Within 7 days after a key person licensee
starts employment with a licensed provider, the licensed
provider must notify the Page 64 Current as at
[Not applicable]
Interactive Gambling (Player Protection) Act
1998 Part 4 Key persons [s 89]
chief executive of the start of the
employment by notice in the approved
form. Maximum penalty—40 penalty units.
Not authorised —indicative only
89 Returns about employees
(1) The chief executive may, by written
notice given to a licensed provider, require the licensed
provider to give a return under this
section. (2) The notice must state the time (not
less than 14 days after the notice is given)
for giving the return. (3) A notice must
not be given under this section within 1 month after the giving
of a previous notice. (4) If a licensed
provider is given a notice under subsection (1),
the
licensed provider must give a return as required by this
section listing
the employees currently
employed by
the licensed provider (including both
those who are key person licensees and those who are not) and
the nature of the duties in which each of
them is engaged. Maximum penalty—40 penalty units.
(5) The return must— (a)
be
in the approved form; and (b) be given to the
chief executive within the time stated in the
notice. Division 6 Requirements
about key relationships 90
Notice of end of key relationship
Within 7
days after
a key relationship between
a licensed provider and
another person terminates or is terminated, the licensed
provider must notify the chief executive of the end of
the
relationship by notice in the approved form. Current as at
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Act 1998 Part 4 Key persons [s 91]
Maximum penalty—40 penalty units.
91 Requirement to end key
relationship (1) This section applies if—
(a) a key
relationship exists
between a
licensed provider
and
a key person licensee; and (b) the key person
licence is cancelled or suspended, or the key person
licensee ceases to hold a key person licence for some other
reason. (2) The chief
executive may,
by written notice
given to
the licensed provider, require the
licensed provider to terminate the key
relationship within the time stated in the notice.
(3) The licensed provider must comply with
the requirement. (4) This section applies to a licensed
provider despite another Act or law or any
industrial award or agreement. (5)
A
licensed provider does not incur any liability by complying
with
a requirement of the chief executive under this section.
Division 7 General
92 False statements by applicants
A
person must not, for an application made under this part,
state anything
the person knows
is false or
misleading in
a material particular.
Maximum penalty—40 penalty units.
93 Destruction of fingerprints
(1) This section applies if—
(a) an application for a key person
licence is refused; or (b) a key person
licence is surrendered; or Page 66 Current as at
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Interactive Gambling (Player Protection) Act
1998 Part 5 Agents [s 94]
(c) a key person licence lapses; or
(d) a key person licence is
cancelled. (2) The chief
executive must
have any
fingerprints of
the applicant or
the former key
person licensee
taken for
the application for
the key person
licence destroyed
as soon as
practicable. (3)
However, if an application for a key person
licence is refused, or a key person licence is cancelled, the
fingerprints are not to be destroyed until the end of the time
allowed for starting an appeal or, if there is an appeal,
until the appeal is decided. Part 5
Agents Division 1
Agency agreements 94
Meaning of agent
(1) A person
is an agent
if the person
carries out
any of the
following functions, in or outside
Queensland, for a licensed provider— (a)
registering a player; (b)
establishing a player’s account;
(c) accepting deposits for, or authorising
withdrawals from, a player’s account; (d)
other functions
classified as
agency functions
under a
regulation. Example—
A
particular kind of promotional activity related to interactive
games might be classified under a regulation as an
agency function. (2) A person
is also an
agent if
the person carries
out in Queensland any
of the functions mentioned in subsection (1) for an external
provider. Current as at [Not applicable]
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95 Meaning of agency
agreement An agency agreement
is an agreement
between a
licensed provider and
another person— (a) appointing the other person as an
agent; and (b) dealing with the agent’s authority;
and (c) stating the conditions under which the
agent acts as, and remains, an agent of the licensed provider;
and (d) stating other matters agreed between
the agent and the licensed provider. 96
Conditions for entering into agency
agreement (1) A licensed provider may only appoint a
person as an agent for the licensed provider if—
(a) the person is— (i)
in
the case of an individual—at least 18 years of age; and
(ii) eligible
to be an
agent under
criteria prescribed under a
regulation; and (b) the appointment is made under an
agency agreement— (i) in a form approved by the chief
executive; and (ii) stating the
agent’s place of operation; and (iii)
including any
other provisions required
by the chief
executive. (2) The chief
executive must
not require the
inclusion of
a provision in an agency agreement
unless the chief executive believes on
reasonable grounds
that the
inclusion of
the provision is reasonably necessary to
ensure— (a) that the integrity of the conduct of
interactive games is not jeopardised in a material way;
or (b) the public
interest is
not affected in
an adverse and
material way. Page 68
Current as at [Not applicable]
Interactive Gambling (Player Protection) Act
1998 Part 5 Agents [s 97]
(3) A licensed provider must not appoint,
or purport to appoint, a person as an agent otherwise than as
permitted by this section. Maximum penalty for subsection (3)—200
penalty units or 2 years imprisonment. Not
authorised —indicative only
97 Notice of agency agreement
Within 7
days after
entering into
an agency agreement, the
licensed provider must give the chief
executive a copy of the agreement. 98
Amendment of agency agreement
(1) An agency agreement may only be
amended with the written approval of the chief
executive. (2) The chief
executive may
withhold approval
of a proposed
amendment only
if it is
necessary to
do so in
the public interest
or to protect
proper standards
of integrity in
the conduct of interactive games.
99 Returns about agents
(1) A licensed
provider must
give a
return as
required by
this section listing
the provider’s current agents. Maximum
penalty—40 penalty units. (2) The
return must
be in the
approved form,
and given to
the chief executive at least once every 6
months. Division 2 Terminating
agency agreements 100 Grounds for termination
(1) Each of the following is a ground for
directing the termination of an agency agreement—
(a) the agent is not, or is no longer, a
suitable person to be an agent; Current as at
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Act 1998 Part 5 Agents [s 101]
(b) a business or executive associate of
the agent is not, or is no longer,
a suitable person
to be associated with
an agent’s operations;
(c) the agent has been convicted of an
offence against this Act, a gaming Act or a corresponding
law; (d) the agent has been convicted of an
indictable offence; (e) the agent has contravened a provision
of this Act or a corresponding law (being a provision a
contravention of which does not constitute an
offence). (2) Also, it is a ground for directing the
termination of an agency agreement if the agent is not, or is
no longer, eligible to be an agent for a
licensed provider. (3) For forming
a belief that
the ground mentioned
in subsection (1)(a) exists, the chief
executive may have regard to the following issues—
(a) the agent’s character or business
reputation; (b) the agent’s
current financial
position and
financial background; (c)
the agent’s general
suitability to
act as an
agent for
a licensed provider. (4)
For
forming a belief that the ground mentioned in subsection
(1)(b) exists,
the chief executive
may have regard
to the business
or executive associate’s character
or business reputation, and
current financial
position and
financial background. 101
Show
cause notice (1) This section applies if the chief
executive believes— (a) a ground
exists for
directing the
termination of
an agency agreement; and
(b) the act, omission or other thing
constituting the ground is of a serious and fundamental
nature; and (c) either— Page 70
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Interactive Gambling (Player Protection) Act
1998 Part 5 Agents [s 102]
(i) the integrity of the conduct of
interactive games by the licensed provider may be
jeopardised; or (ii) the public
interest may be affected adversely. (2)
The
chief executive must give the agent a written notice (a
show
cause notice ) that— (a)
states that
the chief executive
proposes to
take action
(the proposed
action ) to direct the licensed provider to
terminate the agency agreement; and
(b) states the grounds for the proposed
action; and (c) outlines the facts and circumstances
forming the basis for the grounds; and (d)
invites the
agent to
show within
a stated period
(the show cause
period ) why the proposed action should not
be
taken. (3) The show cause period must be a period
ending not less than 21 days after the show cause notice is
given to the agent. (4) The chief executive must promptly give
a copy of the show cause notice to the licensed
provider. (5) A licensed provider to whom a copy of
the show cause notice is given
may make representations about
the notice to
the chief executive in the show cause
period. (6) The chief executive must consider all
written representations (the accepted
representations ) made during
the show cause period by— (a)
the
agent; or (b) a licensed provider to whom a copy of
the show cause notice is given. 102
Suspending agent’s operations
(1) This section applies if the chief
executive believes— (a) a ground exists to direct the
termination of an agency agreement; and Current as at
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Act 1998 Part 5 Agents [s 103]
(b) it is necessary to suspend the agent’s
operations— (i) in the public interest; or
(ii) to ensure the
integrity of the conduct of interactive games by the
licensed provider is not jeopardised. (2)
The
chief executive may suspend the agent’s operations.
(3) The suspension— (a)
must
be effected by written notice (a suspension
notice ) given to the agent with a show cause
notice; and (b) operates immediately the
suspension notice
is given; and
(c) continues to
operate until
the show cause
notice is
finally dealt with. (4)
The
suspension notice must state the reason for the decision to
suspend the agent’s operations.
(5) The chief
executive must
promptly give
a copy of
the suspension notice to the licensed
provider. (6) An agent
must not
carry on
operations while
the agent’s operations are
suspended. Maximum penalty for subsection (6)—200
penalty units or 2 years imprisonment. 103
Censuring agent (1)
This
section applies if the chief executive— (a)
believes a ground exists to direct the
termination of an agency agreement; but (b)
does
not believe the giving of a show cause notice to the
agent is warranted. (2)
This section
also applies
if, after considering the
accepted representations
for a show cause notice, the chief executive— (a)
still believes a ground exists to direct the
termination of the agency agreement; but
Page
72 Current as at [Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 5 Agents [s 104]
(b) does not
believe termination of
the agreement is
warranted. (3)
The
chief executive may, by written notice given to the agent,
censure the
agent for
a matter relating
to the ground
for directing the termination of the
agreement. (4) The notice must state the reason for
the decision to censure the agent. (5)
The
chief executive must promptly give a copy of the notice to
the
licensed provider. 104 Direction to rectify
(1) This section applies if—
(a) the chief executive believes—
(i) a ground
exists to
direct the
termination of
the agency agreement; but
(ii) it is
appropriate to give the agent an opportunity to rectify
the matter without
giving a
show cause
notice; and (b)
the
agent and the licensed provider by which the agent
was
appointed have been given written notice that the
chief executive proposes to give a direction
under this section and
a reasonable opportunity to
make representations
about the proposed direction. (2)
This section
also applies
if, after considering the
accepted representations
for a show cause notice, the chief executive— (a)
still believes a ground exists to direct the
termination of the agency agreement; but
(b) believes it is appropriate to give the
agent an opportunity to rectify the matter.
(3) The chief executive may, by written
notice given to the agent, direct the agent to rectify the matter
within the period stated in the
notice. Current as at [Not applicable]
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Act 1998 Part 5 Agents [s 105]
(4) The notice must state the reasons for
the decision to give the direction. (5)
The period stated
in the notice
must be
reasonable having
regard to the nature of the matter to be
rectified. (6) The chief executive must promptly give
a copy of the notice to the licensed provider by which the
agent was appointed. (7) An agent must
comply with a direction under this section. Maximum penalty
for subsection (7)—20 penalty units. 105
Directions to terminate affecting
agents (1) This section
applies if,
after considering the
accepted representations
for the show cause notice, the chief executive still
believes— (a) a ground exists to direct the
termination of the agency agreement; and (b)
the
act, omission or other thing constituting the ground
is
of a serious and fundamental nature; and (c)
either— (i)
the
integrity of the conduct of interactive games by
the
licensed provider may be jeopardised; or (ii)
the
public interest may be affected adversely. (2)
This section
also applies
if, after considering the
accepted representations
for a show cause notice, the chief executive directs
the agent to
rectify a
matter and
the agent fails
to comply with
the direction within
the time allowed
for compliance. (3)
The chief executive
may, by
written notice
given to
the licensed provider, direct the licensed
provider to terminate the agreement within the time stated in
the notice. (4) If the chief executive decides to give
a direction under this section, the chief executive must
promptly give written notice of the decision
to the agent affected by the decision. Page 74
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Interactive Gambling (Player Protection) Act
1998 Part 5 Agents [s 106]
(5) A notice
under subsection (3)
or (4) must
comply with
the QCAT Act, section 157(2).
106 Termination of agreement
(1) If the chief executive directs a
licensed provider to terminate an agency
agreement, the licensed provider must— (a)
terminate the
agreement within
the time stated
in the notice giving
the direction; and (b) notify the
chief executive
of the termination in
the approved form
within 7
days after
terminating the
agreement. (2)
If the licensed
provider does
not terminate the
agency agreement
as required by
subsection (1), the
agreement is
terminated by this Act. (3)
The
State does not incur any liability if an agency agreement
is
terminated by a licensed provider under subsection (1) or by
this
Act. (4) A licensed provider does not incur any
liability because the licensed provider
terminates an
agency agreement
under subsection
(1). 107 Notice of termination of
agreement (1) This section
applies if
an agency agreement
is terminated otherwise
than because
of a direction
to terminate the
agreement given
to the licensed
provider by
the chief executive. (2)
The licensed provider
must notify
the chief executive
in writing of the termination within 7
days after the agreement is terminated. Maximum penalty
for subsection (2)—40 penalty units. Current as at
[Not applicable] Page 75
Not authorised —indicative
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Act 1998 Part 5 Agents [s 108]
Division 3 Investigations
into suitability 108 Audit program (1)
The chief executive
may approve an
audit program
for investigating agents
and their business
and executive associates. (2)
The chief executive
is responsible for
ensuring that
investigations of
agents and
their business
and executive associates are
conducted under an approved audit program in accordance with
the program. (3) A person may be investigated under an
audit program only if there has not been an investigation of
the same person within the preceding 2 years.
109 Investigations (1)
The
chief executive may investigate an agent to help the chief
executive decide whether the person is, or
continues to be, a suitable person to be an agent.
(2) The chief executive may investigate a
business or executive associate of
an agent to
help the
chief executive
to decide whether the
person is, or continues to be, a suitable person to
be
associated with an agent’s operations. (3)
However, the chief executive may investigate
an agent, or a business or executive associate of an agent,
only if— (a) the chief
executive reasonably suspects
the person is
not,
or is no longer, a suitable person to be an agent, or
to
be associated with an agent’s operations; or (b)
the investigation is
made under
an audit program
for agents and
their business
and executive associates approved by the
chief executive. Page 76 Current as at
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Interactive Gambling (Player Protection) Act
1998 Part 5 Agents [s 110]
110 Requirement to give information or
material for investigation (1)
In
investigating an agent or a business or executive associate
of
an agent, the chief executive may, by written notice given
to the person, require
the person to
give the
chief executive
information or
a document the
chief executive
considers relevant to the
investigation. (2) When making the requirement, the chief
executive must warn the person it
is an offence
to fail to
comply with
the requirement, unless the person has a
reasonable excuse. (3) The person
must comply
with the
requirement unless
the person has a reasonable excuse.
Maximum penalty—200 penalty
units or
2 years imprisonment. (4)
It
is a reasonable excuse if complying with the requirement
might tend to incriminate the person.
(5) The person does not commit an offence
against this section if the information or document sought by
the chief executive is not in fact relevant to the
investigation. 111 Reports about person’s criminal
history (1) If the chief executive, in making an
investigation under this division about a person, asks the
commissioner of the police service for a written report about the
person’s criminal history, the commissioner must give the report
to the chief executive. (2) The report is to
contain— (a) relevant information in the
commissioner’s possession; and (b)
relevant information that
the commissioner can
reasonably obtain
by asking officials
administering police services
in other Australian jurisdictions; and (c)
other relevant
information to
which the
commissioner has
access. Current as at [Not applicable]
Page
77
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Act 1998 Part 6 Licence fees and tax
[s
112] Part 6 Licence fees and
tax Division 1 Licence
fees 112 Liability to licence fee
A
licensed provider must pay licence fees as required under
the
conditions of the interactive gambling licence. Division 2
Interactive gambling tax 113
Liability to tax (1)
A
licensed provider must pay a tax ( interactive
gambling tax ) to the chief executive for the
authorised games conducted by the licensed
provider. (2) Interactive gambling tax is to be
calculated and paid on a basis fixed under a
regulation. (3) Rates of tax may be fixed having
regard to the rates of tax payable under corresponding
laws. 114 Returns for calculation of tax
Within 7 days after the end of each month, a
licensed provider must give the chief executive a return in an
approved form containing— (a)
the
information for calculating interactive gambling tax
on
games conducted by the licensed provider during the
relevant month; and (b)
other information required under a
regulation. Maximum penalty—40 penalty units.
Page
78 Current as at [Not applicable]
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Interactive Gambling (Player Protection) Act
1998 Part 6 Licence fees and tax
[s
115] 115 Participating jurisdictions tax
entitlement (1) From time to time (as contemplated in
the intergovernmental agreement), the
Minister must
remit to
a participating regulator
a proportion of
the interactive gambling
tax collected or
recovered from
licensed providers
( interactive gambling tax
revenue ). (2) The amount to be
remitted must reflect— (a) the
contribution of
players in
the participating jurisdiction to
the total gambling
turnover of
licensed providers;
and (b) the proportion of
interactive gambling
tax revenue properly
attributable to that contribution. (3)
Amounts may be remitted under this section
without further appropriation. Division 3
Recovery and penalties 117
Penalty for late payment (1)
A
licensed provider must pay to the chief executive a penalty
on an amount
of interactive gambling
tax or licence
fee outstanding (the unpaid
amount ) as at the end of the period
allowed for payment. (2)
The
penalty is the percentage prescribed under a regulation of
the
unpaid amount. (3) An additional penalty is payable by
the licensed provider to the chief executive for any part of
the unpaid amount, and any previous penalty, remaining
unpaid— (a) 1 month after the end of the period
allowed for payment of the unpaid amount; and
(b) at the end of each succeeding month
starting— (i) on the day of the month corresponding
to the day mentioned in paragraph (a); or
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[s
118] (ii) if there is no
corresponding day on the first day of the following
month. (4) The additional penalty
is the percentage prescribed under
a regulation of
each unpaid
or other amount
for which the
penalty is payable. (5)
A
penalty, or a part of a penalty, is not payable if the chief
executive, for
a reason the
chief executive
considers appropriate, decides
the penalty, or
the part of
the penalty, need not be
paid. 118 Recovery of amounts
An
amount of interactive gambling tax, licence fee or penalty
payable under this part is a debt payable to
the State and may be recovered by action in a court of
competent jurisdiction. 119 Revenue
offences (1) A licensed provider must not—
(a) evade the payment of an amount payable
by the licensed provider as interactive gambling tax or
licence fee; or (b) give the chief executive a return
containing information the licensed provider knows to be
false, misleading or incomplete in a material
particular. Maximum penalty—200 penalty
units or
2 years imprisonment. Note—
If a
corporation commits an offence against this provision, an
executive officer of the corporation may be taken,
under section 247, to have also committed the
offence. (2) Subsection (1)(b) does not apply to a
licensed provider if the licensed provider, when giving the
return— (a) informs the chief executive in
writing, to the best of the licensed
provider’s ability,
how the return
is false, misleading or
incomplete; and Page 80 Current as at
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Interactive Gambling (Player Protection) Act
1998 Part 7 Compliance requirements
[s
120] (b) if the
licensed provider
has, or
can reasonably obtain,
the
correct information—gives the correct information.
(3) It is enough for a complaint for an
offence against subsection (1) to
state that
the document was
false, misleading or
incomplete to the defendant’s
knowledge. Not authorised —indicative only
Part
7 Compliance requirements Division 1
Rules and directions 120
Rules (1)
The
Minister may make rules about the following— (a)
the
conduct of authorised games by licensed providers;
(b) prizes in
authorised games
conducted by
licensed providers; (c)
other matters on which it is appropriate to
make rules for this Act. (2)
The
Minister must notify the making of a rule in the gazette.
(2A) A rule takes
effect— (a) on the
day the making
of the rule
is notified in
the gazette; or (b)
if a later
day is stated
in the Minister’s notice
or the rule—on that
day. (3) A licensed
provider may
make submissions to
the Minister about a rule or
proposed rule. 120A Rules to be made available etc.
A
licensed provider must, for an authorised game the provider
is
authorised to conduct under part 2, division 2— Current as at
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Act 1998 Part 7 Compliance requirements
[s
121] (a) make a
copy of
the rules for
the game available
for public inspection— (i)
during ordinary
office hours
at the provider’s public office;
and (ii) on the
provider’s website on the internet; and (b)
give
a copy of the rules for the game to each agent of the
provider. Maximum
penalty—40 penalty units. 121 Directions
(1) The chief executive may, by written
notice given to licensed providers, give
directions about
the conduct of
authorised games by
licensed providers. (2) A licensed
provider may
make submissions to
the chief executive about
a direction or proposed direction. 122
General responsibilities of licensed
provider A licensed provider must comply with—
(a) the rules; and (b)
any
relevant direction. Maximum penalty—40 penalty units.
123 Responsibility of licensed provider to
ensure compliance by agent The licensed
provider by which an agent was appointed must take reasonable
steps to ensure— (a) the agent is aware of the requirements
of the rules and any relevant direction; and
(b) the agent complies with requirements
of the rules and any relevant direction. Maximum
penalty—40 penalty units. Page 82 Current as at
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[s
124] 124 Responsibility of agent
(1) An agent
must comply
with the
rules and
any relevant direction. Maximum
penalty—40 penalty units. (2) However,
it is a
defence to
a charge against
an agent for
noncompliance with a direction to prove that
the agent did not know, and could not reasonably be expected
to have known, of the requirements of the direction.
Division 2 Place of
operation 125 Licensed provider’s place of
operation (1) A licensed
provider must
not conduct an
authorised game
unless the
place of
operation from
which the
game is
conducted is approved by the chief
executive. Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
A
licensed provider must ensure that all regulated interactive
gambling equipment
used by
the licensed provider
for the conduct of
authorised games is situated at— (a)
the
approved place of operation; or (b)
some
other place approved by the chief executive for the
purpose. Maximum
penalty—50 penalty units. 126 Agent’s place of
operation An agent must
not carry on
operations in
Queensland at
a place other than a place that—
(a) is of a kind prescribed under a
regulation as appropriate for an agent; and Current as at
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Interactive Gambling (Player Protection) Act
1998 Part 7 Compliance requirements
[s
127] (b) if the agent is an agent for a
licensed provider—is stated in
the agency agreement
as the agent’s
place of
operation. Maximum
penalty—200 penalty
units or
2 years imprisonment. Not
authorised —indicative
only Division 3 Control
systems 127 Authorised games to be conducted under
a control system (1)
A licensed provider
must not
conduct an
authorised game
unless the licensed provider has a control
system complying with section 128 for the game.
Maximum penalty—200 penalty units.
(2) The licensed provider must not
contravene its control system in the conduct
of an authorised game. Maximum penalty—200 penalty
units. (3) A licensed provider must, on request
by an inspector, make its control system available for
inspection by the inspector. Maximum
penalty—200 penalty units. 128 Content of
control system (1) A licensed provider’s control system
for an interactive game must— (a)
be
in writing; and (b) include details
about each
matter for
the interactive game stated in
subsection (2), to the extent the matter relates to the
internal controls to be put in place by the provider for the
following purposes— (i) ensuring amounts
payable by
the provider to
the State for the interactive game are
worked out and paid under this Act; Page 84
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[s
129] (ii) protecting the
integrity of
the conduct of
the interactive game by the
provider. (2) For subsection (1)(b), the matters
are— (a) accounting systems and procedures;
and (b) administrative systems and procedures;
and (c) procedures for recording wagers and
paying prizes won in the interactive game; and
(d) computer software; and
(e) systems and
procedures for
the maintenance, security,
storage and transportation of equipment;
and (f) systems and
procedures for
using and
maintaining security
facilities; and (g) the general procedures to be followed
for the conduct of the interactive game. 129
Chief
executive may give direction about content of control
system (1) This section applies if the chief
executive considers a licensed provider’s control
system for
an interactive game
is insufficient for— (a)
ensuring amounts payable to the State under
this Act for the interactive game are properly worked out
and paid; or (b) protecting the
integrity of the conduct of the interactive game by the
provider. (2) The chief
executive may,
by written notice
to the provider,
direct the provider to include in its
control system additional details about 1 or more matters
mentioned in section 128(2) within
the reasonable period,
and in the
way, stated
in the notice.
(3) If the provider does not comply with
the direction, at the end of the period stated in the notice the
provider’s control system is taken to have been changed in the
way stated in the notice. Current as at [Not applicable]
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[s
132] Division 4 Dealings
involving players’ accounts 132
Funds
in player’s account to be remitted on demand A
licensed provider
must, at
the request of
an unrestricted player in whose
name a player’s account is established, remit funds standing
to the credit of the account as directed by the player no later
than the first business day after the request is
received. Maximum
penalty—100 penalty units. 133 Licensed provider
or agent not to act as credit provider (1)
A
licensed provider or an agent must not provide credit to a
player or a player’s account.
Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
A
licensed provider or an agent must not act as agent for a
credit provider to facilitate the provision
of credit to a player or a player’s account.
Maximum penalty for subsection (2)—200
penalty units or 2 years imprisonment. 134
Licensed providers limited recourse to
players’ accounts (1) A licensed
provider must
not have recourse
to funds in
a player’s account except as
follows— (a) to debit to the account a wager made
by the player or an amount the player indicates the player wants
to wager in the course of an authorised game the player
is playing or about to play; (b)
to debit to
the account amounts
authorised under
this section to be
debited to the account; Page 86 Current as at
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1998 Part 7 Compliance requirements
[s
135] (c) for an
unrestricted player—to
remit funds
standing to
the credit of
the account to
the player at
the player’s request;
(d) as otherwise authorised under this
Act. Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
The licensed provider
may debit an
amount to
the account for—
(a) fees, charges
or expenses necessarily incurred
by the licensed
provider on transactions made on the account; and
(b) services supplied by the licensed
provider to the player at the player’s request that are
additional to the services generally supplied by the licensed
provider to players. (3) However, the
licensed provider may debit an amount to the account for a
matter mentioned in subsection (2) only if the matter is a
matter for which— (a) the player has agreed in writing
debits may be made to the account; and (b)
provision for debiting players’ accounts is
made in the licensed provider’s control system.
(4) Despite subsection (2)(a), the
licensed provider may not debit an amount to the
account for fees payable for maintaining the account.
135 Inactive players’ accounts
If
no transaction has been recorded on a player’s account with
a
licensed provider for a period fixed under a regulation, the
licensed provider must remit any remaining
balance to— (a) the player; or (b)
if the player
can not be
found—an account
at the department
designated under a regulation as the account to which
payments are to be made under this paragraph. Current as at
[Not applicable] Page 87
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Act 1998 Part 7 Compliance requirements
[s
136] Division 5 Responsible
gambling 136 Limitation on amount wagered
(1) A registered player
may, by
written notice
to a licensed
provider, set a limit on the amount the
player may wager. Examples— 1
The
player might set a limit in relation to a particular game
the player is about to play. 2
The
player might set a limit by reference to a stated maximum
for all games conducted by the licensed provider
over a stated period (e.g. a limit of $100 over 1
month). 3 The player might set the limit at zero
thus effectively preventing himself or
herself from engaging in authorised games conducted
by
the licensed provider until the limit is relaxed or removed.
(2) A player who has set a limit under
this section may change or revoke the
limit by
written notice
given to
the licensed provider.
(3) A notice increasing or revoking the
limit does not have effect unless— (a)
7 days have
passed since
the provider received
the notice; and (b)
the
player has not notified the provider of an intention to
withdraw the notice. (4)
A notice reducing
the limit has
effect on
its receipt by
the licensed provider. (5)
A
licensed provider must not accept a wager from a player
contrary to a limit set for the player under
this section. Maximum penalty for subsection (5)—100
penalty units. Page 88 Current as at
[Not applicable]
Division 5A Interactive
Gambling (Player Protection) Act 1998 Part 7 Compliance
requirements [s 137] Excluding
persons from participating in authorised games
as
players Not authorised —indicative only
Subdivision 1 Provisions about
self-exclusion 137 Self-exclusion notice
A person who
is registered with
a licensed provider
as a player
may give to
the licensed provider
a notice in
the approved form (a self-exclusion notice
)
asking the licensed provider to prohibit the person from
participating as a player in authorised games conducted by the
licensed provider. 137A Self-exclusion order
(1) If a person gives a licensed provider
a self-exclusion notice under section
137, the licensed provider
must as
soon as
practicable give to the person—
(a) a notice in the approved form
(a self-exclusion order )
prohibiting the person from participating as
a player in authorised games
conducted by
the licensed provider;
and (b) details,
including the
name and
address, of
at least 1
entity that
provides counselling services
for problem gamblers.
Maximum penalty—50 penalty units.
(2) A self-exclusion order has effect for
the period— (a) starting when it is given to the
person; and (b) ending on the earlier of the
following— (i) when a revocation notice for the order
takes effect under section 137B(3); (ii)
the day that
is 5 years
after the
day the order
is given to the person.
Current as at [Not applicable]
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Act 1998 Part 7 Compliance requirements
[s
137B] 137B Revoking self-exclusion order
(1) A person who is given a self-exclusion
order may, by notice in the approved form (a
revocation notice ) given to the
licensed provider who gave the order, revoke the
order. (2) However, the person may revoke the
order only— (a) within 24 hours after the person
receives it; or (b) after 1 year after the person receives
it. (3) A revocation notice takes
effect— (a) if the
notice is
given to
the licensed provider
under subsection
(2)(a)—when it is given
to the licensed
provider; or (b)
otherwise—28 days
after the
day it is
given to
the licensed provider. Subdivision
2 Exclusion instigated by licensed
provider 137C
Exclusion direction (1)
A
licensed provider may give a person who is registered with
the
licensed provider as a player a notice in the approved form
(an exclusion direction
) prohibiting the
person from
participating as a player in authorised
games conducted by the licensed provider. (2)
The licensed provider
may give the
direction only
if the licensed
provider believes on reasonable grounds the person is
a
problem gambler. (3) If a licensed provider decides to give
a person an exclusion direction, the
direction must
be accompanied by
an information notice about the
decision. 137D Duration of exclusion direction
An
exclusion direction has effect for the period— Page 90
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Interactive Gambling (Player Protection) Act
1998 Part 7 Compliance requirements
[s
137E] (a) starting when it is given to the
person concerned; and (b) ending on the
earlier of the following— (i) if the decision
to give the direction is set aside on a review of the
decision by the tribunal—when the decision is set
aside; (ii) if a revocation
notice for the direction takes effect under
section 137F(6)—when the
notice takes
effect; (iii)
if a decision,
under section
137F, refusing to
revoke the direction is set aside on a
review of the decision by the tribunal—when the decision
is set aside; (iv)
the
day that is 5 years after the day the direction is
given to the person. 137E
Application to revoke exclusion
direction (1) This section
applies if
a person is
prohibited from
participating as a player in authorised
games conducted by a licensed provider under an exclusion
direction. (2) The person may apply to the licensed
provider for revocation of the direction. (3)
The
application may only be made at least 1 year after the day
the
person is given the direction. (4)
The
application must be— (a) in the approved
form; and (b) supported by enough information to
enable the licensed provider to decide the application.
(5) A person may apply under this section
only once each year commencing on
the anniversary of
the day the
person was
given the direction. Current as at
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[s
137F] 137F Deciding application to revoke
exclusion direction (1) This section applies to an application
under section 137E for revocation of an exclusion
direction. (2) The licensed
provider must
consider the
application and,
within 28 days after receiving it, decide to
revoke or refuse to revoke the direction. (3)
If
the licensed provider fails to decide the application within
28
days after its receipt, the failure is taken to be a decision
by the licensed provider to refuse to revoke
the direction. (4) In considering the application, the
licensed provider may have regard to the information supporting
the application and any other information the
licensed provider
considers relevant,
including, for example, a report of a
psychologist. (5) If the
licensed provider
decides to
revoke the
direction, the
licensed provider
must as
soon as
practicable give
the applicant notice
of the revocation in
the approved form
(a revocation notice ).
(6) A revocation notice
takes effect
when it
is given to
the applicant. (7)
If the licensed
provider decides
to refuse to
revoke the
direction, the
licensed provider
must as
soon as
practicable give the
applicant an information notice for the decision.
Subdivision 3 Other
provisions 137G Particular persons not to participate
in authorised games A person who is prohibited, under a
self-exclusion order or an exclusion direction, from
participating as
a player in
authorised games conducted by a licensed
provider must not participate as a player in the games.
Maximum penalty—40 penalty units.
Page
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[s
137H] Not authorised —indicative only
137H Counselling (1)
This
section applies if a court finds a person (the defendant
) guilty of, or accepts a person’s plea
of guilty for, an offence against section 137G.
(2) The court may, if satisfied the
defendant is a problem gambler, postpone
its decision on
penalty on
condition that
the defendant agrees to attend counselling
on a basis decided by the court. (3)
The
agreement— (a) must provide for counselling of a kind
that may, in the court’s opinion,
be beneficial in
helping to
overcome harmful
behaviour related to gambling; and (b)
must
provide for counselling over a period, of not more
than
12 months, fixed by the court; and (c)
must
allow the counsellor a discretion to disclose to the
court information about the defendant’s
participation in the counselling if the counsellor believes
the disclosure will help the court to exercise its powers
and discretions in an appropriate way under this section;
and (d) must provide that the counsellor is to
report to the court a failure by
the defendant to
attend counselling under
the
agreement. (4) To decide whether the defendant is a
problem gambler and, if so, whether counselling of an
appropriate kind is available, the court may have
regard to any information the court considers relevant,
including, for example, a report of a psychiatrist or a
psychologist. (5)
If
the court postpones a decision on penalty under this
section, the court must proceed to make a decision on
penalty— (a) as soon as practicable after the end
of the period fixed for the counselling; or (b)
if, during the
period fixed
for the counselling, the
defendant advises the court that he or she
does not want to continue with the counselling—as soon as
practicable after the court receives the advice;
or Current as at [Not applicable]
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[s
137I] (c) if, during
the period fixed
for the counselling, the
counsellor reports
to the court
that the
defendant has
failed to
attend counselling under
the agreement or
to participate satisfactorily in the
counselling—as soon as practicable after the court receives
the report. (6) In making its decision on penalty
after a postponement under this section, the court—
(a) must consider
whether and,
if so, to
what extent,
the defendant has
made a
genuine attempt
to overcome harmful
behaviour related to gambling; and (b)
may,
for considering the matters mentioned in paragraph
(a),
have regard to the report of a counsellor appointed
to
counsel the defendant under an agreement under this
section. 137I
Obligation to prevent persons from
participating in authorised games (1)
This
section applies to a licensed provider or an employee of
the licensed provider
if the licensed
provider or
employee knows that a
person is prohibited, under a self-exclusion order
or an exclusion
direction, from
participating as
a player in
authorised games conducted by the licensed
provider. (2) The licensed provider or employee must
take reasonable steps to prevent
the person from
participating as
a player in
the authorised games. Maximum
penalty— (a) for a licensed provider—250 penalty
units; or (b) for another person—40 penalty
units. 137J Register (1)
A licensed provider
must keep
a register, in
the approved form, of persons
who are prohibited from participating as a player in
authorised games conducted by the licensed provider
under a self-exclusion order or an exclusion
direction. Page 94 Current as at
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[s
137K] Maximum penalty—40 penalty units.
(2) The licensed
provider must
keep the
register available
for inspection by an inspector.
137K Report about prohibition under order
or direction (1) A regulation may require a licensed
provider to give the chief executive a
report about
the prohibition of
persons from
participating as players in authorised games
conducted by the provider under
a self-exclusion order
or an exclusion
direction. (2)
The
report must be in the approved form. (3)
The
regulation may prescribe the times, and the way in which,
the
report is to be given to the chief executive. (4)
The
licensed provider must comply with the regulation.
Maximum penalty—40 penalty units.
137L Distributing promotional or
advertising material about authorised games A
licensed provider
must not
distribute promotional or
advertising material about authorised games
conducted by the provider to
persons who
the provider knows
or ought reasonably to
know are
prohibited from
participating as
a player in the authorised games under a
self-exclusion order or exclusion direction.
Maximum penalty—40 penalty units.
Division 6 Gambling
records 138 Notices about keeping gambling
records (1) The chief executive may, by written
notice given to a licensed provider— Current as at
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[s
139] (a) approve a place (the
approved place ) nominated by
the licensed provider
(other than
the licensed provider’s public
office) as
a place for
keeping the
licensed provider’s
gambling records; or (b) specify a
gambling record of the licensed provider (an exempt gambling
record ) that is not required to be kept
at
the licensed provider’s public office or an approved
place; or (c)
specify a gambling record of the licensed
provider that may be kept
temporarily at
a place other
than the
licensed provider’s public office or an
approved place, and the period for which, or the
circumstances in which, the record may be kept at the other
place; or (d) approve the
keeping of
information contained
in a gambling
record in
a way different
from the
way the information was
kept when the record was being used by the licensed
provider; or (e) approve the destruction of a gambling
record the chief executive considers need not be kept.
(2) A gambling record mentioned in
subsection (1)(c) is also an exempt gambling
record — (a) for the period
stated in the notice; or (b) while the
circumstances stated in the notice exist. (3)
The chief executive
may specify a
gambling record
for subsection (1)(b) only if the chief
executive considers there is sufficient
reason for the record to be kept at a place other than
the
licensed provider’s public office or an approved place.
(4) The exercise
of the chief
executive’s power
under subsection
(1)(d) or (e) is subject to any other law about the
retention or destruction of the gambling
record. 139 Gambling records to be kept at certain
place (1) A licensed
provider must
keep the
licensed provider’s gambling records
at— Page 96 Current as at
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[s
140] (a) the licensed provider’s public office;
or (b) at an approved place for the
records. Maximum penalty—40 penalty units.
(2) Subsection (1) does not apply to an
exempt gambling record. Not authorised
—indicative only
140 Gambling records to be kept for
required period (1) A licensed provider must keep a
gambling record for 5 years after the end of
the transaction to which the record relates. Maximum
penalty—40 penalty units. (2) Subsection
(1) does not
apply to
a gambling record
if the information previously contained
in the record
is kept in
another way under an approval of the chief
executive. (3) Also, subsection (1) does not apply to
a gambling record that has been destroyed under an approval
of the chief executive. (4) Subsection (1)
has effect subject to any other law about the retention or
destruction of the gambling record. Division 7
Financial accounts, statements and
reports 141
Keeping of accounts A licensed
provider must— (a) keep accounting records
that correctly
record and
explain the
transactions and
financial position
for the licensed
provider’s operations conducted
under the
interactive gambling licence; and
(b) keep the accounting records in a way
that allows— (i) true and fair financial statements and
accounts to be prepared from time to time; and
(ii) the
financial statements and
accounts to
be conveniently and properly
audited. Current as at [Not applicable]
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142] Maximum penalty—40 penalty units.
142 Preparation of financial statements
and accounts (1) A licensed
provider must
prepare financial
statements and
accounts as required by this section giving
a true and fair view of the
licensed provider’s financial
operations conducted
under the interactive gambling
licence. Maximum penalty—40 penalty units.
(2) The financial
statements and
accounts must
include the
following— (a)
trading accounts, if applicable, for each
financial year; (b) profit and loss accounts for each
financial year; (c) a balance sheet as at the end of each
financial year. 143 Submission of reports
(1) A licensed provider must give reports
to the chief executive as required by
this section
about the
licensed provider’s operations under
the interactive gambling licence. Maximum
penalty—40 penalty units. (2) The
reports must
be given at
the times stated
in a written
notice given to the licensed provider by the
chief executive. (3) A report must be in the approved
form. (4) The chief executive may, by written
notice given to a licensed provider, require
the provider to
give the
chief executive
further information about a report within
the time stated in the notice to
help the
chief executive
acquire a
proper appreciation of
the licensed provider’s operations. (5)
A licensed provider
must comply
with a
requirement under
subsection (4) within the time stated in the
notice, unless the licensed provider has a reasonable
excuse. Maximum penalty—40 penalty units.
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144] (6) A licensed provider must not give the
chief executive a report containing information, or further
information about a report, the
licensed provider
knows to
be false, misleading or
incomplete in a material particular.
Maximum penalty—100 penalty units.
(7) Subsection (6) does
not apply to
a licensed provider
if the provider, when
giving the report or further information— (a)
informs the chief executive in writing, to
the best of the provider’s ability, how the return or
information is false, misleading or incomplete; and
(b) if the provider has, or can reasonably
obtain, the correct information—gives the correct
information. (8) It is
enough for
a complaint of
an offence against
subsection (6) to state that the report or
information was false, misleading or incomplete to the
defendant’s knowledge. Division 8 Financial
institutions accounts 144 Keeping of
accounts A licensed provider must keep a financial
institution account, or financial
institution accounts,
approved by
the chief executive for
use for all banking or similar transactions for the
operations conducted under the interactive
gambling licence. Maximum penalty—40 penalty units.
145 Use of accounts A
licensed provider
must not
use a financial
institution account
approved by
the chief executive
other than
for a purpose for
which it is approved. Maximum penalty—40 penalty
units. Current as at [Not applicable]
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146] Division 9 Audit
Not authorised —indicative
only 146 Audit of licensed
provider’s operations As soon
as practicable after
the end of
a financial year,
a licensed provider
must, at
the licensed provider’s own
expense, cause the books, accounts and
financial statements for the operations conducted under the
interactive gambling licence for
the financial year
to be audited
by a registered company
auditor. Maximum penalty—40 penalty units.
147 Completion of audit
(1) The auditor must— (a)
complete the audit within 3 months after the
end of the financial year; and (b)
immediately after completion of the audit,
give a copy of the audit report to the chief executive
and the licensed provider. Maximum
penalty—40 penalty units. (2) Subsection (1)(a)
does not
apply to
the auditor if,
in the circumstances,
it would be unreasonable to require the auditor to comply with
the paragraph and the auditor completes the audit as soon as
practicable. 148 Further information following
audit (1) On receiving a copy of the audit
report, the chief executive may, by written
notice given to the licensed provider, require the
licensed provider
to give the
chief executive
further information
about a matter relating to the licensed provider’s
operations mentioned in the audit
report. (2) A licensed
provider must
comply with
a requirement under
subsection (1) within the time stated in the
notice, unless the licensed provider has a reasonable
excuse. Page 100 Current as at
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149] Maximum penalty for subsection (2)—40
penalty units. Not authorised —indicative only
Division 10 Ancillary and
related agreements 149 Ancillary gambling agreement
(1) An ancillary
gambling agreement is an agreement, contract,
lease or
arrangement (whether
written or
unwritten) under
which a person agrees to provide to a
licensed provider a thing or service
in return for
a direct or
indirect interest
in, or percentage or
share of— (a) amounts received by the licensed
provider in the course of the licensed provider’s business;
or (b) the revenue, profit or earnings
derived by the licensed provider from the licensed provider’s
business. (2) However, an ancillary gambling
agreement does not include an agency agreement.
(3) A licensed provider must not enter
into, or be a party to, an ancillary gambling agreement without
the written approval of the chief executive.
Maximum penalty—40 penalty units.
(4) However, the chief executive’s
approval is not required for an agreement
if— (a) the chief
executive considers
the agreement to
be an agreement of
minor importance; or (b) the agreement is
of a class excluded from the application of this section
under a regulation. 150 Approval of ancillary gambling
agreements (1) A licensed
provider may
apply to
the chief executive
for approval to enter into an ancillary
gambling agreement. (2) The chief
executive may
give the
approval if
the chief executive
considers it
appropriate or
desirable in
all the Current as at
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[s
151] circumstances for
the licensed provider
to enter into
the agreement. (3)
An
approval must be in writing. Not
authorised —indicative
only 151 Review of related
agreements (1) The chief executive may, by written
notice given to a licensed provider, require
the licensed provider
to give to
the chief executive,
within the time stated in the notice— (a)
the information stated
in the notice
about a
related agreement to
which the licensed provider is a party; and (b)
if
the agreement is in writing—a copy of the agreement.
(2) Without limiting
subsection (1),
the information the
chief executive may
require to be given about a related agreement includes the
following— (a) the names of the parties;
(b) a description of any property, goods
or other things, or any services, supplied or to be
supplied; (c) the value or nature of the
consideration; (d) the term of the agreement.
(3) The licensed
provider must
comply with
the requirement within
the time stated
in the notice,
unless the
licensed provider has a
reasonable excuse. 152 Show cause notice for related
agreement (1) This section applies if, after
considering the information given to
the chief executive
about a
related agreement
and, if
appropriate, the contents of the agreement,
the chief executive believes the continuance of the
agreement— (a) may jeopardise the integrity of the
conduct of interactive games by
the licensed provider
who is a
party to
the agreement; or (b)
may
affect the public interest adversely. Page 102
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153] (2) The chief executive must give the
licensed provider who is a party to the agreement a written
notice (a show cause notice )
that— (a)
states that the chief executive proposes to
take action to direct the
termination of
the agreement (the
proposed action
);
and (b) states the grounds for the proposed
action; and (c) outlines the facts and circumstances
forming the basis for the grounds; and (d)
invites the
licensed provider
to show within
a stated period
(the show cause period ) why the
proposed action should not be taken. (3)
The
show cause period must be a period ending at least 21
days
after the notice is given. (4) The chief
executive must promptly give a copy of the show cause notice to
each other person (an interested person ) who
is a
party to the agreement. (5) An
interested person
may make representations about
the notice to the chief executive in the
show cause period. (6) The chief executive must consider all
written representations (the accepted
representations ) made during
the show cause period by the licensed provider or an
interested person. 153 Direction to terminate related
agreement (1) The chief
executive may
direct the
termination of
a related agreement
if, after considering the
accepted representations for a show cause
notice, the chief executive still believes the continuance of
the agreement— (a) may jeopardise the integrity of the
conduct of interactive games by
the licensed provider
who is a
party to
the agreement; or (b)
may
affect the public interest adversely. Current as at
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[s
154] (2) The direction must be given by written
notice to each of the parties to the agreement.
(3) The notice must state—
(a) the reason for the decision to direct
the termination of the related agreement; and
(b) the time within which the agreement is
required to be terminated. (4)
If
the agreement is not terminated within the time stated in
the notice, it is terminated at the end of the
time by this Act. (5) The termination of
the agreement under
the direction or
by this Act
does not
affect any
rights or
liabilities acquired
or incurred by a party to the agreement
before the termination. (6) The
State does
not incur any
liability if
the agreement is
terminated under the direction or by this
Act. (7) A party
to the agreement
does not
incur any
liability for
breach of the agreement because the
agreement is terminated under the direction.
Division 11 Official
supervision 154 Monitoring operations
A
licensed provider must, at the request of the chief
executive, do anything reasonably necessary
to allow an
inspector to
monitor the licensed provider’s
operations. 155 Presence of inspector at certain
operations (1) The chief
executive may
take action
under this
section to
ensure the integrity of the conduct of an
authorised game. (2) The chief executive may, by written
notice given to a licensed provider, direct the licensed provider
not to do a stated thing in the conduct of an authorised game
unless an inspector is present. Page 104
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[s
156] (3) The licensed provider must comply with
the direction. Maximum penalty for subsection (3)—40
penalty units. Not authorised —indicative only
Division 12 Prizes
156 Payment or collection of prizes
(1) If a
player in
an authorised game
conducted by
a licensed provider
wins a
monetary prize,
the licensed provider
must immediately
credit the amount of the prize to the player. (2)
If a player
in an authorised game
conducted by
a licensed provider
wins a
non-monetary prize,
or a player
without a
player’s account wins a monetary prize, the
provider must— (a) have the
prize delivered
personally or
by post to
the player; or (b)
give the
player written
notice of
an address in
Queensland at which the prize may be
collected. 157 Disposal of unclaimed non-monetary
prizes (1) This section applies to a non-monetary
prize in an authorised game conducted by a licensed provider
that is not collected within 3 months after notification of
the place at which it may be collected. (2)
The
licensed provider— (a) may dispose of the prize by public
auction or tender or in some other way approved by the
chief executive; and (b) may pay for the
disposal from the proceeds of sale; and (c)
must— (i)
pay
the remainder of the proceeds into the relevant player’s
account; or (ii) if there is no
current player’s account—remit the remainder of the
proceeds to the former player; or Current as at
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[s
158] (iii) if
there is
no current player’s
account and
the licensed provider is unaware of the
whereabouts of the former player—pay the
remainder of
the proceeds into
an account at
the department designated under
a regulation as
the account to
which payments
are to be
made under
this subparagraph. 158
Claims for prize (1)
If a claim
for a prize
in an authorised game
is made to
a licensed provider within 5 years after
the end of the game, the licensed provider must—
(a) immediately try to resolve the claim;
and (b) if the licensed provider is not able
to resolve the claim— by written
notice (a
claim result
notice )
given to
the claimant, promptly inform the
claimant— (i) of the
licensed provider’s decision
on the claim;
and (ii) that the person
may, within 10 days of receiving the
notice, ask
the chief executive
to review the
decision. (2)
If
the claim is not resolved, the claimant may ask the chief
executive to
review the
licensed provider’s decision
on the claim, or if the
claimant has not received a claim result notice,
to
resolve the claim. (3) A request to the chief executive under
subsection (2)— (a) must be in the approved form;
and (b) if the claimant received a claim
result notice—must be made within 10 days after receiving
the notice. (4) If a
request is
made to
the chief executive, the
chief executive— (a)
must
deal with the request in the way prescribed under a
regulation; and Page 106
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[s
159] (b) may carry
out investigations the
chief executive
considers necessary to resolve matters in
dispute. Not authorised —indicative only
159 Entitlement to prize lapses if not
claimed within 5 years If a prize is not claimed within 5
years after the end of the authorised game in which the prize was
won, the entitlement to the prize is extinguished and the
prize is forfeited to the State. Division
13 Interrupted and aborted games
159A Interrupted games (1)
This
section applies if, after making a wager in an authorised
game conducted
by a licensed
provider, a
player’s participation in
the game is
interrupted by
a failure of
an operating or
telecommunication system
that prevents
the player from continuing with the
game. (2) The licensed provider must—
(a) inform the player the game (the
interrupted game ) has
not
been finished; and (b) at any
time after
operation of
the operating or
telecommunication system
is restored and
before the
period (the game completion
period ) prescribed under a regulation ends,
allow the
player to
continue with
the game. (3)
Also, the licensed provider must not allow
the player— (a) to continue with the interrupted game
after the end of the game completion period; or
(b) to participate in another authorised
game conducted by the provider until the earlier of the
following— (i) the interrupted game is
finished; (ii) the
game completion period
for the interrupted game
ends. Current as at [Not applicable]
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160] (4) If the interrupted game is not
finished in the game completion period,
the licensed provider
must pay
the amount of
the wager for the game to the chief
executive. (5) If an amount of the wager is not paid
by the licensed provider to the
chief executive
as required under
subsection (4),
the State may recover the amount from the
provider as a debt. 160 Aborted games (2)
If an authorised game
conducted by
a licensed provider
is started but miscarries because of
human error, or a failure of an
operating or
telecommunication system,
the licensed provider—
(a) must immediately inform
the chief executive
of the circumstances of
the incident; and (b) must not conduct a further game if the
game is likely to be affected by the same error or
fault. (3) After investigating the incident, the
chief executive may, by written notice to the licensed
provider— (a) direct the licensed provider
to— (i) refund the
amounts wagered
in the game
to the players;
and (ii) if
a player has
an accrued credit
at the time
the game miscarries—pay to the player the
monetary value of the credit; or (b)
give the
licensed provider
other directions the
chief executive
considers appropriate in the circumstances. (4)
The licensed provider
must comply
with a
direction under
subsection (3). (5)
If a player
entitled to
a refund or
other payment
under this
section has a player’s account, the amount
must be paid into the account. Page 108
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161] 161 Power to withhold prize in certain
cases (1) If a licensed provider has reason to
believe that the result of an authorised game
has been affected
by an illegal
activity or
malfunction of
equipment, the
licensed provider
may withhold a prize in the game.
(2) If a licensed provider withholds a
prize under this section, the licensed
provider— (a) must immediately inform
the chief executive
of the circumstances of
the incident; and (b) must not conduct a further game if a
recurrence of the illegality or malfunction is likely.
(3) After investigating the incident, the
chief executive may, by written notice to the licensed
provider— (a) direct the licensed provider to pay
the prize; or (b) confirm the licensed provider’s
decision to withhold the prize, but direct the licensed
provider to refund amounts wagered in the game.
(4) The licensed
provider must
comply with
a direction under
subsection (3). Division
14 Approval and use of regulated
interactive gambling equipment
162 Approval of regulated interactive
gambling equipment (1) A person may apply to the chief
executive— (a) for an
approval for
regulated interactive gambling
equipment proposed
to be used
in the conduct
of authorised games by a licensed
provider; or (b) for approval
to modify regulated
interactive gambling
equipment used in the conduct of authorised
games by a licensed provider. Current as at
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[s
163] (2) The chief executive must consider the
application and if, for deciding the
application, the
chief executive
considers it
is necessary for the equipment, or the
equipment as proposed to be modified, to be evaluated, the
chief executive must— (a) carry out the
evaluation; or (b) direct the licensed provider—
(i) to arrange to have the equipment
evaluated by an approved evaluator; and (ii)
to
give the chief executive a written report of the
evaluation. (3)
If the chief
executive carries
out an evaluation of
the equipment— (a)
the
licensed provider must pay the fee prescribed under
a
regulation for the evaluation to the chief executive; and
(b) if an
amount of
the fee is
not paid by
the licensed provider,
the State may
recover the
amount from
the licensed provider as a debt.
(4) The chief executive may refuse to give
an approval if— (a) the fee payable for an evaluation
carried out by the chief executive is not paid; or
(b) the licensed provider fails to comply
with a direction of the chief executive under subsection
(2)(b). (5) If the chief executive gives an
approval, the chief executive must immediately
give the licensed provider written notice of the
decision. (6) If the chief executive refuses to give
an approval, the chief executive must
immediately give
the licensed provider
an information notice for the
decision. 163 Use of regulated interactive gambling
equipment (1) A licensed
provider must
not use any
regulated interactive gambling
equipment in conducting an authorised game unless
the
equipment is approved interactive gambling equipment.
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[s
163A] Maximum penalty—200 penalty units.
(2) An agent of a licensed provider must
not use any regulated interactive gambling
equipment for
the conduct of
an authorised game
by the licensed
provider unless
the equipment is approved interactive
gambling equipment. Maximum penalty—200 penalty units.
(3) A licensed
provider or
agent must
not modify approved
interactive gambling
equipment unless
the modification is
approved by the chief executive in
writing. Maximum penalty for subsection (3)—200
penalty units. 163A Approved evaluators
The
Governor in Council may, under a regulation, declare an
entity to
be an approved
entity for
evaluating regulated
interactive gambling equipment.
Division 15 Advertising 164
Advertising interactive gambling
(1) A person
must not
advertise an
interactive game
in Queensland unless
the game is
an authorised game
or an exempt
game. Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
A person must
not advertise an
authorised game
in Queensland without
approval of
the relevant authorised provider.
Maximum penalty for subsection (2)—40
penalty units. 165 Incidental requirements for
advertisements A person who
advertises an
authorised game
must take
reasonable steps to ensure the
advertisement— Current as at [Not applicable]
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[s
166] (a) is not indecent or offensive;
and (b) is based on fact; and
(c) is not
false, deceptive
or misleading in
a material particular. Not
authorised —indicative
only 166 Directions about
advertising (1) If the
chief executive
reasonably believes
an advertisement about an
authorised game does not comply with section 165,
the chief executive
may direct the
person appearing
to be responsible for
authorising the
advertisement to
take the
appropriate steps— (a)
to
stop the advertisement being shown; or (b)
to
change the advertisement. (2) The direction
must— (a) be in writing; and (b)
state the grounds for the direction;
and (c) if it
is a direction
to change the
advertisement—state how the
advertisement is to be changed. (3)
A
person to whom a direction is given must comply with the
direction, unless the person has a
reasonable excuse. Maximum penalty for subsection (3)—40
penalty units. Division 16 Complaints 167
Inquiries about complaints
(1) A licensed provider must inquire
into— (a) a complaint made to the licensed
provider by a person about— (i)
the
conduct of an authorised game by the licensed provider;
or Page 112 Current as at
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[s
167] (ii) the conduct of
an agent of the licensed provider in operations
related to an authorised game; or (b)
a
complaint referred to the licensed provider by the chief
executive under subsection (3).
(2) Within 21 days after the complaint is
received by, or referred to, the
licensed provider,
the licensed provider
must give
written notice of the result of the inquiry
to— (a) the complainant; and
(b) if the complaint was referred to the
licensed provider by the chief executive—the chief
executive. (3) If a complaint is made to the chief
executive about the conduct of
an authorised game,
or the conduct
of an agent
in operations related to an authorised
game, the chief executive must promptly— (a)
inquire into the complaint; or
(b) if the chief executive considers it
appropriate— (i) refer the
complaint to
the licensed provider
who conducted the game; or
(ii) if the
authorised game is conducted by an external provider—refer the
complaint to
the relevant participating
regulator. (4) The chief
executive must
promptly advise
the complainant of—
(a) the result of the chief executive’s
inquiry; or (b) the chief executive’s decision to
refer the complaint to the licensed provider or a
participating regulator. (5) A complaint
must— (a) be in writing; and (b)
state the complainant’s name and address;
and (c) give appropriate details of the
complaint. Current as at [Not applicable]
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[s
168] Not authorised —indicative
only 168 Reporting
improper behaviour (1) This section applies if an authorised
provider becomes aware, or reasonably suspects, that—
(a) a person,
by a dishonest
or unlawful act
affecting the
conduct or
playing of
an authorised game
in Queensland, has
obtained a
benefit for
the person or
another person; or (b)
there has been an unlawful act affecting the
conduct or playing of an authorised game in
Queensland. (2) This section
also applies
if an agent
becomes aware,
or reasonably suspects, that—
(a) a person,
by a dishonest
or unlawful act
affecting the
conduct or
playing of
an authorised game
in Queensland, has
obtained a
benefit for
the person or
another person; or (b)
there has been an unlawful act affecting the
conduct or playing of an authorised game in
Queensland. (3) Within 3
days of
becoming aware
of, or suspecting, the
dishonest or
unlawful act,
the authorised provider
or agent must
give the
chief executive
a written notice
advising the
chief executive of all facts known to the
authorised provider or agent about the matter.
Maximum penalty—200 penalty
units or
2 years imprisonment. (4)
A
person must not mistreat another person because—
(a) the other person has given, or may
give, a notice under this section; or (b)
the
person believes the other person has given, or may
give, a notice under this section.
Maximum penalty—200 penalty
units or
2 years imprisonment. (5)
In
this section— dishonest act means fraud,
misrepresentation or theft. Page 114
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[s
169] mistreat a person
means— (a) end the person’s employment or
prejudice the career of the person in another way; or
(b) prejudice the safety of the person;
or (c) intimidate or harass the
person. Not authorised —indicative only
Division 17 Gambling
offences 169 Cheating (1)
A person must
not, in
relation to
an authorised game,
dishonestly obtain a benefit by—
(a) an act, practice or scheme; or
(b) the use of a thing.
Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
For subsection (1), a
person obtains
a benefit if
the person obtains for the
person or another person, or induces a person to deliver, give
or credit to the person or another person, any money, benefit,
advantage, valuable consideration or security. 170
Forgery and deception (1)
A
person must not— (a) forge an official gambling document;
or (b) knowingly utter a forged official
gambling document. Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
A
person must not connive at the commission of an offence
against subsection (1). Maximum
penalty—200 penalty
units or
2 years imprisonment. Current as at
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[s
171] (3) A person
forges a
document if
the person makes
a false document,
knowing it to be false, with the intention that—
(a) it may be used or acted on to the
prejudice or benefit of a person; or (b)
a
person may, in the belief that it is genuine, be induced
to
do, or refrain from doing, something. (4)
Without limiting
subsection (3), a
genuine document
may become a false document because
of— (a) an alteration of the document in a
material respect; or (b) an addition to
the body of the document in a material respect;
or (c) an addition of a false date,
signature, attestation, seal or other material
matter. (5) A person utters a document if the
person— (a) uses or deals with the document;
or (b) attempts to use or deal with the
document; or (c) induces a
person to
use, deal
with or
act on the
document; or (d)
attempts to induce a person to use, deal
with or act on the document. 171
Impersonating certain persons
(1) A person must not pretend to be a
licensed provider, an agent, a key person
licensee or a gaming official. Maximum
penalty—200 penalty
units or
2 years imprisonment. (2)
A
person must not connive at the commission of an offence
against subsection (1). Maximum penalty
for subsection (2)—200 penalty units or 2 years
imprisonment. Page 116 Current as at
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[s
172] 172 Bribery (1)
A
gaming official must not ask for, receive or obtain, or
agree to receive or obtain, any money, property or
benefit of any kind for
the official or
another person
for an improper
purpose. Maximum
penalty—200 penalty
units or
2 years imprisonment. (2)
A
person must not give, confer or obtain, or promise or offer
to
give, confer or obtain, any money, property or benefit of
any
kind to, on or for a gaming official or another person for
an
improper purpose. Maximum penalty—200 penalty
units or
2 years imprisonment. (3)
A
gaming official or other person does an act mentioned in
subsection (1) or (2) for an improper
purpose if the official or other person does the act—
(a) for the
official to
forego or
neglect the
official’s functions under
this Act, or to influence the official in the
performance of
the official’s functions
under this
Act;
or (b) because of anything already done or
omitted to be done, or to be afterwards done or omitted to be
done, by the official in
the performance of
the official’s functions
under this Act; or (c)
for
the official to use, or take advantage of, the official’s
office improperly to gain a benefit or
advantage for, or facilitate the commission of an offence
by— (i) if the act is done by the
official—another person; or (ii)
if
the act is done by another person—that person or
another person. Current as at
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[s
173] 173 Participation in authorised games by
employees of licensed provider (1)
An employee (whether
a key person
licensee or
not) of
a licensed provider must not take part
in an authorised game if directly involved
in functions related
to the conduct
of the game.
Maximum penalty—40 penalty units.
(2) A prize
won by a
person by
participation in
an authorised game contrary to
this section is forfeited to the State. 174
Chief
executive’s power to restrict participation in authorised games
by gaming officials (1) The chief executive may, by written
notice given to a gaming official, direct the official—
(a) not to participate as a player in an
authorised game; or (b) not to
participate as
a player in
an authorised game
except in stated circumstances or for stated
purposes. (2) A gaming
official must
not participate as
a player in
an authorised game
in contravention of
a direction under
this section.
Maximum penalty for subsection (2)—40
penalty units. 175 Power to declare gaming official to be
a key official (1) The chief executive may, by written
notice given to a gaming official, declare the official to be a
key official. (2) A declaration may only be made under
this section if the chief executive considers it appropriate to
make the declaration in the public interest.
176 Relationship of key officials with
authorised providers and agents (1)
A key official
must not,
without the
chief executive’s approval—
Page
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[s
177] (a) accept or
solicit employment from
an authorised provider or an
agent; or (b) be an
employee in
any capacity of
an authorised provider or an
agent; or (c) knowingly have, directly or
indirectly— (i) a business
or financial association with
an authorised provider or an agent;
or (ii) a
business or
financial interest
together with
an authorised provider or an
agent. Maximum penalty—40 penalty units.
(2) A person must not, for 1 year after
ceasing to be a key official, without the
chief executive’s approval— (a)
accept or
solicit employment from
an authorised provider or an
agent; or (b) be an
employee in
any capacity of
an authorised provider or an
agent; or (c) knowingly have, directly or
indirectly— (i) a business
or financial association with
an authorised provider or an agent;
or (ii) a
business or
financial interest
together with
an authorised provider or an
agent. Maximum penalty for subsection (2)—40
penalty units. 177 Relationship of key officials with
prospective licensed providers (1)
This
section applies if a key official knowingly has, directly or
indirectly— (a)
a
business or financial association with another person
who
is a prospective licensed provider; or (b)
a business or
financial interest
together with
another person who is a
prospective licensed provider. Current as at
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[s
178] (2) Immediately after
the key official
becomes aware
that the
other person
is a prospective licensed
provider, the
official must give
written notice of the official’s association or interest
to
the chief executive. Maximum penalty—40 penalty
units. (3) The chief executive may, by written
notice given to the key official, direct the official to end
the association, or give up the interest, within
the time stated in the notice. (4)
However, the chief executive may give the
direction only if the chief executive considers it appropriate
to take the action in the public interest. (5)
A
key official to whom a direction is given must comply with
the
direction within the time stated in the notice. Maximum
penalty—40 penalty units. (6) In this
section— prospective licensed
provider means
a person who
has applied for
an interactive gambling
licence but
whose application has
not yet been decided. 178 Relationship
between authorised providers and key officials
An
authorised provider or an agent must not, without the chief
executive’s approval— (a)
employ a person in any capacity knowing the
person to be a key official, or to have been a key
official within the preceding period of 1 year; or
(b) knowingly have, directly or
indirectly— (i) a business
or financial association with
a person knowing the
person to be a key official, or to have been a key
official within the preceding period of 1 year; or
(ii) a
business or
financial interest
together with
a person knowing the person to be a key
official or to Page 120 Current as at
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[s
179] have been
a key official
within the
preceding period of 1
year. Maximum penalty—40 penalty units.
179 Participation by minors in conduct of
approved games prohibited (1)
A licensed provider
or an agent
must not
allow a
minor to
participate in operations related to the
conduct of authorised games. Maximum
penalty—200 penalty units. (2) It is a defence
to a charge against subsection (1) to prove that
the
defendant had no reason to believe, and did not believe,
that
the person to whom the charge relates was a minor.
(3) A minor
must not
participate in
operations related
to the conduct of
authorised games. Maximum penalty for subsection (3)—40
penalty units. 180 Participation by minors as players
prohibited (1) A person involved in the conduct of an
authorised game must not allow a minor to participate as a
player in an authorised game. Maximum
penalty—200 penalty units. (2) It is a defence
to a charge against subsection (1) to prove that
the
defendant had no reason to believe, and did not believe,
that
the person to whom the charge relates was a minor.
(3) A minor
must not
participate as
a player in
an authorised game.
Maximum penalty—40 penalty units.
(4) A prize
won by a
minor by
participation in
an authorised game contrary to
subsection (3) is forfeited to the State. Current as at
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[s
181] 181 Obscene etc. terms prohibited
(1) A person must not participate in an
authorised game under a name or designation that is obscene,
indecent or offensive. Maximum penalty—20 penalty
units. (2) A licensed
provider or
an agent may
refuse to
register a
person as a player in an authorised game
under a name that is obscene, indecent or offensive.
182 Interference with proper conduct of
authorised games A person must
not, without
the chief executive’s authorisation,
interfere in the proper conduct of an authorised
game. Maximum
penalty—200 penalty units. 183 Offences by
certain persons (1) A person, other than an authorised
provider or an agent acting within the scope
of the agent’s authority, must not— (a)
for
the person’s gain or reward— (i)
induce anyone
else to
take part
in an authorised game; or
(ii) offer to anyone
else an opportunity to take part in an authorised
game; or (iii) distribute or
supply forms
for registration as
a player in an authorised game (a
player registration form
), or cause
player registration forms
to be distributed or
supplied to
persons other
than authorised
providers or agents; or (b) advertise or
publicly promote subscription to, or taking part in, an
authorised game. Maximum penalty—200 penalty units.
(2) A person must not charge an amount
for— (a) filling in a player registration form;
or Page 122 Current as at
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[s
184] (b) depositing a
player registration form,
directly or
indirectly, with a licensed provider or an
agent; or (c) submitting, or arranging for the
submission of, a player registration form to a licensed
provider or an agent; or (d) collecting or
distributing prizes in an authorised game. Maximum
penalty—200 penalty units. (3) A
person must
not hold himself
or herself out,
by advertisement or in another way, to be
available to perform a service mentioned in subsection
(2). Maximum penalty for subsection (3)—200
penalty units. 184 Licensed provider not to publish
identity of player in certain cases (1)
A
licensed provider or an employee or other person engaged
in
duties related to the conduct of an authorised game must
not,
without authorisation under subsection (2)— (a)
disclose information about
the name, or
other identifying
particulars, of a player; or (b)
use
information about a player for a purpose other than
the
purpose for which the information was given. Maximum
penalty—200 penalty units. (2) The disclosure
of information, or its use for a purpose other than the purpose
for which it was given, is authorised if the disclosure or
use is— (a) authorised by the player; or
(b) reasonably necessary
for the conduct
of authorised games; or
(c) required for
the administration or
enforcement of
this Act or a
corresponding law; or (d) otherwise
required by law. Current as at [Not applicable]
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185] Part 8 Investigation
and enforcement Division 1 Inspectors Subdivision
1 Preliminary 185
Persons who are inspectors
The
following persons are inspectors for this Act— (a)
a person (an
appointed inspector
) holding an
appointment as an inspector under this
division; (b) a person
(an external inspector
) who holds
an appointment as an inspector under a
corresponding law and is authorised in writing by the chief
executive to act as an inspector under this Act.
Subdivision 2 Appointment of
inspectors 186 Appointment and qualifications
(1) The chief executive may appoint a
person as an inspector. (2) However, a
person may be appointed as an inspector only if—
(a) the person is— (i)
a
public service officer or employee; or (ii)
a
member of a class of persons prescribed under a regulation;
and (b) the chief executive is satisfied the
person is qualified for the appointment because—
(i) the person
has the necessary
expertise or
experience; or Page 124
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[s
187] (ii) the
chief executive
considers the
person has
the ability to quickly acquire the
necessary expertise; and (c)
the
chief executive is satisfied the person is a suitable
person to be an inspector, having regard
to— (i) the person’s character; and
(ii) the person’s
current financial position and financial background;
and (iii) any
other matter
the chief executive
considers relevant
to the person’s
suitability to
be an inspector. Subdivision
3 Other matters about inspectors
187 Conditions and limit on powers
(1) An inspector holds office on any
conditions stated in— (a) for an appointed
inspector—the inspector’s instrument of appointment;
or (b) for a
person who
is an external
inspector—the chief
executive’s authorisation for
the person to
act as an
inspector under this Act; or
(c) a signed notice given to the
inspector; or (d) a regulation. (2)
The
instrument of appointment, authorisation, a signed notice
given to the inspector or a regulation may
limit the inspector’s powers under this Act.
(3) In this section— signed
notice means a notice signed by the chief
executive. Current as at [Not applicable]
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188] 188 Issue of identity card
(1) The chief
executive must
issue an
identity card
to each inspector. (2)
The
identity card must— (a) contain a recent photo of the
inspector; and (b) contain a copy of the inspector’s
signature; and (c) identify the person as an inspector
under this Act; and (d) state an expiry date for the
card. (3) This section
does not
prevent the
issue of
a single identity
card
to a person for this Act and other purposes. 189
Production or display of identity
card (1) In exercising a power under this Act
in relation to a person, an inspector
must— (a) produce the
inspector’s identity
card for
the person’s inspection
before exercising the power; or (b)
have
the identity card displayed so it is clearly visible to
the
person when exercising the power. (2)
However, if it is not practicable to comply
with subsection (1), the inspector must produce the
identity card for the person’s inspection at
the first reasonable opportunity. (3)
For
subsection (1), an inspector does not exercise a power in
relation to a person only because the
inspector has entered a place as mentioned in section 196(a)
or (d). 190 When appointed inspector ceases to
hold office (1) An appointed
inspector ceases
to hold office
if any of
the following happens— (a)
the
term of office stated in a condition of office ends;
(b) under another condition of office, the
inspector ceases to hold office; Page 126
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[s
191] (c) the inspector’s resignation under
section 191 takes
effect. (2)
Subsection (1) does not limit the ways an
appointed inspector may cease to hold office.
(3) In this section— condition of
office means a condition on which the
appointed inspector holds office. 191
Resignation An appointed
inspector may resign by signed notice given to the chief
executive. 192 Return of identity card
A person who
ceases to
be an inspector
must return
the person’s identity card to the chief
executive immediately after ceasing to be an
inspector unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
Subdivision 4 Audit program
and report about criminal history 193
Audit
program (1) The Minister may approve an audit
program for investigating appointed inspectors.
(2) The chief
executive may
investigate an
appointed inspector
under an approved audit program to help the
chief executive decide whether
the inspector is
a suitable person
to be an
inspector, having regard to—
(a) the inspector’s character; and
(b) the inspector’s current
financial position
and financial background;
and Current as at [Not applicable]
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[s
194] (c) any other matter the chief executive
considers relevant to the person’s suitability to be an
inspector. (3) However, the
chief executive
may investigate an
appointed inspector under
subsection (2) only once every 2 years, unless the chief
executive reasonably suspects the inspector is not a
suitable person to be an inspector having
regard to the matters mentioned in subsection (2).
(4) The chief executive must ensure the
investigation is conducted under the approved audit
program. (5) In this section— approved audit
program means an audit program approved by
the
Minister under subsection (1). 194
Report about criminal history
(1) To help decide whether a person is a
suitable person to be an appointed inspector or continue as an
appointed inspector, the chief executive
may ask the
commissioner of
the police service for a
written report about the person’s criminal history.
(2) If asked by the chief executive, the
commissioner of the police service must give the chief executive
a written report about the criminal history of the person.
(3) The duty imposed on the commissioner
of the police service applies only to information in the
commissioner’s possession or to which the commissioner has
access. Page 128 Current as at
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Division 2 Interactive
Gambling (Player Protection) Act 1998 Part 8
Investigation and enforcement [s 195]
Powers of inspectors Subdivision
1 General scope of inspectors’
powers 195
General scope of powers An inspector may
exercise powers under this Act in relation to matters relevant
either to this Act or a corresponding law. Subdivision
2 Power to enter places 196
Entry
without consent or warrant An inspector
may, without
the occupier’s consent
or a warrant,
enter— (a) a public place; or (b)
a
place where an authorised game is being, or is about to
be,
conducted; or (c) a place where an authorised provider
or an agent carries on business at
any time when
the place is
open for
carrying on business or otherwise open for
entry; or (d) the land around premises to ask its
occupier for consent to enter the premises.
197 Entry with consent or warrant
Unless an
inspector is
authorised to
enter a
place under
section 196, an inspector may enter a place
only if— (a) its occupier consents to the entry;
or (b) the entry is authorised by a
warrant. Current as at [Not applicable]
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129
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[s
198] Subdivision 3 Consents and
warrants for entry Not authorised —indicative
only 198 Consent to
entry (1) This section applies if an inspector
intends to ask an occupier of a
place to
consent to
the inspector or
another inspector
entering the place. (2)
Before asking
for the consent,
the inspector must
tell the
occupier— (a)
the
purpose of the entry; and (b) that the
occupier is not required to consent. (3)
If
the consent is given, the inspector may ask the occupier to
sign an
acknowledgement of
the consent (a
consent acknowledgement ).
(4) The acknowledgement must state—
(a) the occupier has been told—
(i) the purpose of the entry; and
(ii) that the
occupier is not required to consent; and (b)
the
purpose of the entry; and (c) the
occupier gives
the inspector consent
to enter the
place and exercise powers under this part;
and (d) the time and date the consent was
given. (5) If the
occupier signs
a consent acknowledgement, the
inspector must promptly give a copy to the
occupier. 199 Evidence of consent
(1) Subsection (2) applies if—
(a) an issue
arises in
a court proceeding whether
the occupier of a place consented to an
inspector entering the place under this part; and
(b) a consent acknowledgement is not
produced in evidence for the entry; and Page 130
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[s
200] (c) it is not proved the occupier
consented to the entry. (2) The court may
presume the occupier did not consent. Not
authorised —indicative only
200 Application for warrant
(1) An inspector
may apply to
a magistrate for
a warrant for
a place. (2)
The
application must be sworn and state the grounds on which
the
warrant is sought. (3) The magistrate may refuse to consider
the application until the inspector gives
the magistrate all
the information the
magistrate requires
about the
application in
the way the
magistrate requires. Example—
The magistrate may
require additional information supporting the
application to be given by statutory
declaration. 201 Issue of warrant (1)
The
magistrate may issue a warrant only if the magistrate is
satisfied there are reasonable grounds for
suspecting— (a) there is a particular thing or
activity (the evidence ) that
may
provide evidence of an offence against this Act or a
corresponding law; and (b)
the evidence is
at the place,
or may be
at the place,
within the next 7 days. (2)
The
warrant must state— (a) that a
stated inspector
may, with
necessary and
reasonable help and force, enter the place
and exercise the inspector’s powers under this part;
and (b) the offence for which the warrant is
sought; and (c) the evidence that may be seized under
the warrant; and (d) the hours
of the day
or night when
the place may
be entered; and Current as at
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[s
202] (e) the date,
within 14
days after
the warrant’s issue,
the warrant ends. 202
Special warrants (1)
An
inspector may apply for a warrant (a special
warrant ) by phone,
fax, radio
or another form
of communication if
the inspector considers it necessary
because of— (a) urgent circumstances; or
(b) other special circumstances,
including, for example, the inspector’s
remote location. (2) Before applying for the warrant, the
inspector must prepare an application stating
the grounds on
which the
warrant is
sought. (3)
The inspector may
apply for
the warrant before
the application is sworn.
(4) After issuing the warrant, the
magistrate must promptly fax a copy to the
inspector if it is reasonably practicable to fax the
copy. (5)
If it is
not reasonably practicable to
fax a copy
to the inspector— (a)
the
magistrate must tell the inspector— (i)
what
the terms of the warrant are; and (ii)
the
date and time the warrant was issued; and (b)
the inspector must
complete a
form of
warrant (a
warrant form ) and write on
it— (i) the magistrate’s name; and
(ii) the date and
time the magistrate issued the warrant; and
(iii) the terms of the
warrant. (6) The facsimile
warrant, or
the warrant form
properly completed
by the inspector, authorises the
entry and
the Page 132 Current as at
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[s
203] exercise of the other powers stated in the
warrant issued by the magistrate. (7)
The
inspector must, at the first reasonable opportunity, send to
the
magistrate— (a) the sworn application; and
(b) if the
inspector completed
a warrant form—the
completed warrant form. (8)
On
receiving the documents, the magistrate must attach them
to
the warrant. 203 Evidence about special warrants
(1) Subsection (2) applies if—
(a) an issue arises in a court proceeding
whether a power exercised by
an inspector was
not authorised by
a special warrant; and
(b) the warrant is not produced in
evidence. (2) The court
must presume
the exercise of
the power was
not authorised by a special warrant,
unless the contrary is proved. Subdivision
4 General powers 204
General powers after entering places
(1) This section applies to an inspector
who enters a place. (2) However, if an inspector enters a
place to get the occupier’s consent to enter
premises, this section applies to the inspector only
if the consent
is given or
the entry is
otherwise authorised. (3)
For monitoring or
enforcing compliance with
this Act
or a corresponding
law, the inspector may— (a) search any part
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205] (b) inspect, measure, test, photograph or
film any part of the place or anything at the place;
or (c) take a thing, or a sample of or from a
thing, at the place for analysis or testing; or
(d) copy a document at the place;
or (e) access, electronically or
in some other
way, a
system used at the
place for conducting an authorised game or other
interactive game
or for administrative purposes
related to
the conduct of
an authorised game
or other interactive
game; or (f) take into or onto the place any
person, equipment and materials the
inspector reasonably requires
for exercising a power under this part;
or (g) require the
occupier of
the place, or
a person at
the place, to give the inspector
reasonable help to exercise the inspector’s
powers under paragraphs (a) to (f); or (h)
require the
occupier of
the place, or
a person at
the place, to
give the
inspector information to
help the
inspector ascertain whether this Act or a
corresponding law is being complied with.
(4) When making
a requirement mentioned
in subsection (3)(g) or (h), the
inspector must warn the person it is an offence to
fail
to comply with the requirement, unless the person has a
reasonable excuse. 205
Failure to help inspector
(1) A person
required to
give reasonable help
under section
204(3)(g) must
comply with
the requirement, unless
the person has a reasonable excuse.
Maximum penalty—40 penalty units.
(2) If the requirement is to be complied
with by the person giving information, or producing a document
(other than a document required to
be kept by
the person under
this Act
or a corresponding
law), it is a reasonable excuse for the person to
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206] fail to
comply with
the requirement, if
complying with
the requirement might tend to incriminate
the person. 206 Failure to give information
(1) A person
of whom a
requirement is
made under
section 204(3)(h)
must comply
with the
requirement, unless
the person has a reasonable excuse.
Maximum penalty—40 penalty units.
(2) It is a reasonable excuse for the
person to fail to comply with the requirement
if complying with the requirement might tend to incriminate
the person. Subdivision 5 Power to seize
evidence 207 Seizing evidence at place that may be
entered without consent or warrant An inspector who
enters a place that may be entered under this
part without
the consent of
the occupier and
without a
warrant, may
seize a
thing at
the place if
the inspector reasonably
believes the thing is evidence of an offence against
this
Act or a corresponding law. 208 Seizing evidence
at places that may only be entered with consent or
warrant (1) This section applies if—
(a) the inspector is only authorised to
enter the place under this part with the consent of the
occupier or a warrant; and (b)
the inspector enters
the place after
obtaining the
necessary consent or warrant.
(2) If the inspector enters the place with
the occupier’s consent, the inspector may seize a thing at the
place if— Current as at [Not applicable]
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209] (a) the inspector reasonably believes the
thing is evidence of an offence against this Act or a
corresponding law; and (b) seizure
of the thing
is consistent with
the purpose of
entry as
told to
the occupier when
asking for
the occupier’s consent.
(3) If the inspector enters the place with
a warrant, the inspector may seize the evidence for which the
warrant was issued. (4) The inspector may also seize anything
else at the place if the inspector reasonably believes—
(a) the thing is evidence of an offence
against this Act or a corresponding law; and
(b) the seizure is necessary to prevent
the thing being— (i) hidden, lost or destroyed; or
(ii) used to
continue, or repeat, the offence. (5)
Also, the
inspector may
seize a
thing at
the place if
the inspector reasonably believes it is
being, has been, or is about to
be, used in
committing an
offence against
this Act
or a corresponding
law. 209 Securing things after seizure
Having seized a thing, an inspector
may— (a) move the thing from the place where it
was seized (the place of seizure ); or
(b) leave the thing at the place of
seizure but take reasonable action to
restrict access to it. Examples of restricting access to a
thing— 1 sealing a thing and marking it to show
access to it is restricted 2 sealing the
entrance to a room where the thing is situated and
marking it to show access to it is
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210] 210 Tampering with things subject to
seizure If an inspector restricts access to a thing
subject to seizure, a person must not tamper, or attempt to
tamper, with the thing, or something
restricting access
to the thing,
without an
inspector’s approval. Maximum
penalty—40 penalty units. 211 Powers to support
seizure (1) To enable a thing to be seized, an
inspector may require the person in control of it—
(a) to take
it to a
stated reasonable place
by a stated
reasonable time; and (b)
if
necessary, to remain in control of it at the stated place
for
a reasonable time. (2) The requirement— (a)
must
be made by notice in the approved form; or (b)
if
for any reason it is not practicable to give the notice,
may be made
orally and
confirmed by
notice in
the approved form as soon as
practicable. (3) A person of whom a requirement is made
must comply with the requirement, unless the person has a
reasonable excuse. Maximum penalty—40 penalty units.
(4) A further requirement may be made
under this section about the same thing if it is necessary and
reasonable to make the further requirement.
212 Receipts to be given on seizure
(1) As soon as practicable after an
inspector seizes a thing, the inspector must
give a receipt for it to the person from whom it
was
seized. (2) However, if for any reason it is not
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213] of seizure in
a conspicuous position
and in a
reasonably secure
way. (3) The receipt must describe generally
each thing seized and its condition. (4)
This
section does not apply to a thing if it is impracticable or
would be unreasonable to give the receipt
(given the thing’s nature, condition and value).
213 Forfeiture (1)
A
thing that has been seized under this part is forfeited to
the State if the inspector who seized the
thing— (a) can not
find its
owner, after
making reasonable inquiries;
or (b) can not return it to its owner, after
making reasonable efforts; or (c)
reasonably believes it is necessary to
retain the thing to prevent it being used to commit an offence
against this Act or a corresponding law.
(2) In applying subsection (1)—
(a) subsection (1)(a) does not require the
inspector to make inquiries if it would be unreasonable to
make inquiries to find the owner; and (b)
subsection (1)(b) does not require the
inspector to make efforts if
it would be
unreasonable to
make efforts
to return the thing to its owner.
(3) If the
inspector decides
to forfeit a
thing under
subsection (1)(c),
the inspector must
tell the
owner of
the decision by
written notice. (4)
Subsection (3) does not apply if—
(a) the inspector
can not find
the owner, after
making reasonable
inquiries; or (b) it is impracticable or would be
unreasonable to give the notice. Page 138
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214] (5) The notice must comply with the QCAT
Act, section 157(2). (6) Regard must be
had to a thing’s nature, condition and value— (a)
in
deciding— (i) whether it
is reasonable to
make inquiries
or efforts; and (ii)
if making inquiries
or efforts—what inquiries
or efforts are reasonable; or
(b) in deciding
whether it
would be
unreasonable to
give notice about a
thing. 214 Return of things that have been
seized (1) If a thing has been seized but not
forfeited, the inspector must return it to its
owner— (a) at the end of 6 months; or
(b) if a
proceeding for
an offence involving
the thing is
started within 6 months—at the end of the
proceeding and any appeal from the proceeding.
(2) Despite subsection (1), unless the
thing has been forfeited, the inspector must
promptly return a thing seized as evidence to its owner if the
inspector stops being satisfied its continued retention as
evidence is necessary. 215 Access to things
that have been seized (1) Until a thing
that has been seized is forfeited or returned, an
inspector must
allow its
owner to
inspect it
and, if
it is a
document, to copy it. (2)
Subsection (1) does not apply if it is
impracticable or would be unreasonable to allow the
inspection or copying. Current as at [Not applicable]
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216] Subdivision 6 Power to give
directions to stop using things 216
Direction to stop using thing
(1) This section applies if an inspector
reasonably believes— (a) a
thing used
in the conduct
of an authorised game
is unsatisfactory for the purpose for
which it is used; and (b) the continued
use of the thing may— (i) jeopardise the
integrity of
the conduct of
authorised games; or (ii)
adversely affect the public interest.
(2) The inspector may direct the person
who has, or reasonably appears to have, authority to exercise
control over the thing to stop using the thing, or allowing the
thing to be used, in the conduct of authorised games.
217 Requirements about stop
directions (1) A direction
given to
a person under
section 216 (a
stop direction
) may be
given orally
or by written
notice (a
stop notice
). (2) However, if the
direction is given orally, it must be confirmed by written
notice (also a stop notice ) given to the
person as soon as practicable. (3)
A
stop direction may be given for a thing at a place occupied
by
an authorised provider, an agent or other person involved in
Queensland in the conduct of an authorised
game. (4) A stop direction does not apply to a
use of the thing carried out for repairing or testing the
thing. (5) A stop notice must state—
(a) the grounds on which the inspector
believes the thing is unsatisfactory; and
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218] (b) the circumstances (if
any) under
which the
stop direction may be
cancelled. 218 Failure to comply with stop
direction A person to whom a stop direction is given
must comply with the direction. Maximum
penalty—40 penalty units. Subdivision 7 Power to obtain
information 219 Power to require name and
address (1) This section applies if—
(a) an inspector
finds a
person committing an
offence against this Act
or a corresponding law; or (b) an inspector
finds a person in circumstances that lead, or has information
that leads, the inspector reasonably to suspect the
person has just committed an offence against this Act or a
corresponding law. (2) The inspector
may require the
person to
state the
person’s name and
residential address. (3) When making the
requirement, the inspector must warn the person that it
is an offence to fail to state the person’s name or
residential address, unless the person has a
reasonable excuse. (4) The inspector may require the person
to give evidence of the correctness of
the stated name
or residential address
if the inspector
reasonably suspects the stated name or address to be
false. (5)
A
requirement under subsection (2) or (4) is called a
personal details
requirement . Current as at [Not applicable]
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220] 220 Failure to give name or address
(1) A person
of whom a
personal details
requirement is
made must
comply with
the requirement, unless
the person has
a reasonable excuse. Maximum
penalty—40 penalty units. (2) A person does
not commit an offence against subsection (1) if—
(a) the person was required to state the
person’s name and residential address
by an inspector
who suspected the
person had committed an offence against this
Act or a corresponding law; and (b)
the
person is not proved to have committed the offence.
221 Power to require production of
documents (1) An inspector
may require a
person to
produce or
make available for
inspection by the inspector (or some other person
nominated by the inspector), at a reasonable
time and place nominated by the inspector—
(a) a document
issued to
the person under
this Act
or a corresponding
law; or (b) a document required to be kept by the
person under this Act or a corresponding law; or
(c) if the
person is
an authorised provider—a document
kept by
the authorised provider
about the
conduct of
authorised games by the authorised provider;
or (d) if the person is an agent—a document
kept by the agent about the conduct of authorised games by the
authorised provider by whom the agent is
appointed. (2) The inspector may keep the document to
copy it. (3) If the
inspector copies
the document, or
an entry in
the document, the
inspector may
require the
person responsible for keeping the
document to certify the copy as a true copy of the document or
entry. Page 142 Current as at
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222] (4) The inspector must return the document
to the person as soon as practicable after copying
it. (5) However, if
a requirement (a
document certification requirement )
is made of
a person under
subsection (3),
the inspector may keep the document until
the person complies with the requirement. (6)
A requirement under
subsection (1)
is called a
document production
requirement . 222 Failure to
produce document (1) A person
of whom a
document production requirement is
made must
comply with
the requirement, unless
the person has a reasonable
excuse. Maximum penalty—40 penalty units.
(2) It is a reasonable excuse for a person
not to comply with a document production requirement if
complying with
the requirement might tend to incriminate
the person. 223 Failure to certify copy of
document A person of
whom a
document certification requirement is
made must
comply with
the requirement, unless
the person has a reasonable
excuse. Maximum penalty—40 penalty units.
224 Power to require attendance of
persons (1) An inspector may require a person, or
an executive officer of a corporation, of whom a document
production requirement has been made to attend before the
inspector to answer questions or
give information about
the document to
which the
document production requirement
relates. (2) An inspector
may require any
of the following
persons to
attend before
the inspector to
answer questions
or give information
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224] (a) the authorised provider or, if the
authorised provider is a corporation, an
executive officer
of the authorised provider;
(b) an employee of the authorised
provider; (c) an agent for the authorised provider
or, if the agent is a corporation, an executive officer of
the corporation; (d) an employee of an agent mentioned in
paragraph (c); (e) another person
associated with
the operations or
management of— (i)
the
authorised provider; or (ii) an agent
mentioned in paragraph (c). (3)
An inspector may
require any
of the following
persons to
attend before
the inspector to
answer questions
or give information
about an agent’s operations— (a)
the
agent or, if the agent is a corporation, an executive
officer of the agent; (b)
an
employee of the agent; (c) the authorised
provider that is the agent’s principal or, if the principal is
a corporation, an executive officer of the corporation; (d)
another person
associated with
the operations or
management of— (i)
the
agent; or (ii) the authorised
provider that is the agent’s principal. (4)
A
requirement made of a person under this section must—
(a) be made by written notice given to the
person; and (b) state a
reasonable time
and place for
the person’s attendance. (5)
When
making the requirement, the inspector must warn the
person that
it is an
offence to
fail to
comply with
the requirement, unless the person has a
reasonable excuse. Page 144 Current as at
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225] 225 Failure to comply with requirement
about attendance (1) A person of whom a requirement is made
under section 224 must not, unless the person has a reasonable
excuse— (a) fail to attend before the inspector at
the time and place stated in the notice imposing the
requirement; or (b) when attending before the
inspector— (i) fail to
comply with
a requirement to
answer a
question or give information; or
(ii) state
anything the
person knows
to be false
or misleading in a material
particular. Maximum penalty—40 penalty units.
(2) It is a reasonable excuse for a person
to fail to comply with a requirement to
answer a
question or
give information if
complying with the requirement might tend to
incriminate the person. 226
Power
to require financial records (1)
This
section applies to a person who is the manager or other
principal officer at a place of business of
a financial institution at which— (a)
an
authorised provider keeps an account in relation to
the
authorised provider’s operations; or (b)
an agent keeps
an account in
relation to
the agent’s operations. (2)
An inspector may,
by written notice
given to
the person, require the
person to give to the inspector, within the time (not
less
than 7 days) stated in the notice— (a)
a
statement of account for the account; or (b)
copies of
cheques or
other records
relevant to
the account; or (c)
other particulars or
documents relevant
to the account
stated in the notice. Current as at
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227] (3) An inspector may make a requirement
under subsection (2) (a financial records requirement
)
only with the written approval of the chief
executive. 227 Effect of compliance with financial
records requirement (1) No liability for breach of trust or on
any other basis attaches to a
person who
is the manager
or other principal
officer at
a place of business of a financial
institution merely because the person complies
with a financial records requirement. (2)
No
liability for breach of trust or on any other basis attaches
to a financial institution merely
because a
person who
is the manager or other
principal officer at a place of business of the institution
complies with a financial records requirement. 228
Failure to comply with financial records
requirement A person of
whom a
financial records
requirement is
made must comply with
the requirement within the time stated in the relevant
notice, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
Division 3 Powers of
Minister 229 Direction about management
practice (1) This section applies if the Minister
reasonably believes— (a) the management,
supervision or control of a part of the operations of
a licensed provider,
or an agent
for a licensed
provider, (the
management practice
) is unsatisfactory;
and (b) the management practice may—
(i) compromise proper
standards of
integrity in
the conduct of authorised games; or
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230] (ii) adversely affect
the public interest in some other way.
(2) The Minister may direct the licensed
provider or the agent to stop, or change, the management
practice. (3) The direction must—
(a) be in writing; and (b)
state the
grounds on
which the
Minister believes
the management practice is unsatisfactory;
and (c) if the
person is
required to
change the
management practice—clearly describe
how the practice
is to be
changed; and (d)
state when
the person is
required to
comply with
the direction. (4)
A
person to whom a direction is given must comply with the
direction unless the person has a reasonable
excuse. Maximum penalty for subsection (4)—40
penalty units. Division 4 General
enforcement matters 230 Forfeiture on conviction
(1) On conviction of a person for an
offence against this Act, the court may order
the forfeiture to the State of— (a)
anything used to commit the offence;
or (b) anything else the subject of the
offence. (2) The court may make the order—
(a) whether or not the thing has been
seized; and (b) if the thing has been seized—whether
or not the thing has been returned to its owner.
(3) The court
may make any
order to
enforce the
forfeiture it
considers appropriate. Current as at
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231] (4) This section
does not
limit the
court’s powers
under the
Penalties and Sentences Act 1992
or
another law. 231 Dealing with forfeited things
(1) On the forfeiture of a thing to the
State, the thing becomes the State’s property
and may be dealt with by the chief executive as the chief
executive considers appropriate. (2)
Without limiting
subsection (1), the
chief executive
may destroy the thing. 232
Notice of damage (1)
This
section applies if— (a) an inspector
damages something
when exercising or
purporting to exercise a power; or
(b) a person (the other
person ) acting under the direction of
an
inspector damages something. (2)
The
inspector must promptly give written notice of particulars
of
the damage to the person who appears to the inspector to be
the
owner of the thing. (3) If the inspector believes the damage
was caused by a latent defect in the thing or circumstances
beyond the inspector’s or other person’s control, the inspector
may state that belief in the notice. (4)
If, for any
reason, it
is impracticable to
comply with
subsection (2), the
inspector must
leave the
notice in
a conspicuous position and in a
reasonably secure way where the damage
happened. (5) This section
does not
apply to
damage the
inspector reasonably
considers trivial. (6) In this section— owner
, of
a thing, includes the person in possession or control
of
it. Page 148 Current as at
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233] 233 Compensation (1)
A
person may claim compensation from the State if the person
incurs loss
or expense because
of the exercise or
purported exercise of a
power under any of the following subdivisions of
division 2— •
subdivision 2 (Power to enter places)
• subdivision 4 (General powers)
• subdivision 5 (Power to seize
evidence) • subdivision 7 (Power to obtain
information). (2) However, if
an external inspector
exercised or
purported to
exercise the relevant power, a claim under
this section is to be made against— (a)
the
inspector; or (b) a person
designated under
the intergovernmental agreement
as a person
against whom
claims may
be made under this section for acts of
the inspector. (3) Without limiting
subsection (1), compensation may
be claimed for
loss or
expense incurred
in complying with
a requirement made of the person under
the subdivision. (4) Compensation may be claimed and
ordered in a proceeding— (a) brought in a
court with jurisdiction in proceedings for the recovery of
the amount of compensation claimed; or (b)
for an offence
against this
Act brought against
the person claiming compensation.
(5) A court
may order compensation to
be paid only
if it is
satisfied it is just to make the order in
the circumstances of the particular case. (6)
A regulation may
prescribe matters
that may,
or must, be
taken into account by the court when
considering whether it is just to make the order.
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234] 234 Protecting officials from
liability (1) In this section— official
means— (a)
the
Minister; or (b) the chief executive; or
(c) an inspector; or (d)
a
person acting under the direction of an inspector.
(2) An official is not civilly liable for
an act done, or omission made, honestly and without negligence
under this Act. (3) If subsection
(2) prevents a
civil liability
attaching to
an official (other
than an
external inspector
or a person
acting under
the direction of
an external inspector), the
liability attaches instead
to the State. (4) If subsection
(2) prevents a
civil liability
attaching to
an external inspector or a person acting
under the direction of an external inspector, the liability
attaches instead to— (a) a
person designated under
the intergovernmental agreement
as the person
to whom liability
attaches under this
section for acts of the inspector; or (b)
if
no person is so designated—the State. Division 5
General enforcement offences
235 False or misleading statements
(1) A person must not state anything to an
inspector the person knows to be false or misleading in a
material particular. Maximum penalty—40 penalty
units. (2) It is
enough for
a complaint for
an offence against
subsection (1) to
state that
the statement made
was false or
misleading to the person’s knowledge.
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236] 236 False, misleading or incomplete
documents (1) A person must not give an inspector a
document containing information the
person knows
to be false,
misleading or
incomplete in a material particular.
Maximum penalty—40 penalty units.
(2) Subsection (1) does not apply to a
person if the person, when giving the document—
(a) tells the inspector, to the best of
the person’s ability, how it is false, misleading or incomplete;
and (b) if the person has, or can reasonably
obtain, the correct information—gives the correct
information. (3) Also, a person must not make an entry
in a document required or permitted to be made or kept under
this Act knowing the entry to
be false, misleading or
incomplete in
a material particular. Maximum
penalty—40 penalty units. (4) It
is enough for
a complaint for
an offence against
subsection (1) or (3) to state that the
document or entry was false, misleading or incomplete to the
person’s knowledge. 237 Obstructing inspectors
(1) A person must not obstruct an
inspector in the exercise of a power (or
someone helping an inspector in the exercise of a
power), unless
the person has
a reasonable excuse
for the obstruction. Maximum
penalty—40 penalty units. (2) If a person has
obstructed an inspector (or someone helping an inspector) and
the inspector decides
to proceed with
the exercise of
the power, the
inspector must
warn the
person that—
(a) it is an offence to cause an
obstruction, unless the person has a reasonable
excuse; and Current as at [Not applicable]
Page
151
Interactive Gambling (Player Protection) Act
1998 Part 9 Legal proceedings [s 238]
(b) the inspector
considers the
person’s conduct
an obstruction. Not
authorised —indicative
only Part 9 Legal
proceedings Division 1 Evidence
238 Application of division
This
division applies to a proceeding under this Act.
239 Appointments and authority
It
is not necessary to prove— (a) the chief
executive’s appointment; or (b)
an
inspector’s appointment; or (c)
the
authority of the chief executive or an inspector to do
anything under this Act. 240
Signatures A
signature purporting to
be the signature
of the chief
executive or
an inspector is
evidence of
the signature it
purports to be. 241
Evidentiary aids (1)
A
certificate purporting to be signed by the chief executive
stating any
of the following
matters is
evidence of
the matter— (a)
a
stated document is one of the following things made,
given, issued or kept under this Act or a
corresponding law— Page 152
Current as at [Not applicable]
Interactive Gambling (Player Protection) Act
1998 Part 9 Legal proceedings [s 241]
Not authorised —indicative only
(i) an appointment, approval or
decision; (ii) a notice,
direction or requirement; (iii) a
licence; (iv) a record, or an
extract from a record; (b) a stated
document is another document kept under this Act or a
corresponding law; (c) a stated
document is
a copy of
a thing mentioned
in paragraph (a) or (b);
(d) on a stated day, or during a stated
period, a stated person was or was not the holder of a
licence; (e) on a stated day, or during a stated
period, a licence— (i) was or was not in force; or
(ii) was or was not
subject to a stated condition; (f)
on a
stated day— (i) a licence
was suspended for
a stated period,
surrendered or cancelled; or
(ii) an agency
agreement was cancelled; (g) on
a stated day,
or during a
stated period,
a stated appointment (including a
person’s appointment as
an inspector) or a stated approval was,
or was not, in force for a stated person or thing;
(h) on a stated day, a stated person was
given a stated notice or direction under this Act;
(i) on a
stated day,
a stated requirement was
made of
a stated person; (j)
a stated amount
is payable under
this Act
by a stated
person and has not been paid;
(k) anything else prescribed under a
regulation. (2) In this section— licence
means an interactive gambling licence or a
key person licence. Current as at
[Not applicable] Page 153
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 9 Legal proceedings [s 242]
Division 2 Proceedings 242
Indictable and summary offences
(1) An offence against section 169, 170 or
172 is an indictable offence. (2)
Any
other offence against this Act is a summary offence.
243 Proceedings for indictable
offences (1) A proceeding for an indictable offence
against this Act may be taken, at the election of the
prosecution— (a) by way of summary proceedings under
the Justices Act 1886
;
or (b) on indictment. (2)
A
magistrate must not hear an indictable offence summarily
if— (a) the
defendant asks
at the start
of the hearing
that the
charge be prosecuted on indictment;
or (b) the magistrate considers
the charge should
be prosecuted on indictment.
(3) If subsection (2) applies—
(a) the magistrate must proceed by way of
an examination of witnesses for an indictable offence;
and (b) a plea
of the person
charged at
the start of
the proceedings must be disregarded;
and (c) evidence brought
in the proceedings before
the magistrate decided to act under
subsection (2) is taken to be evidence in the proceeding for
the committal of the person for trial or sentence;
and (d) before committing the person for trial
or sentence, the magistrate must
make a
statement to
the person as
required by the Justices Act
1886 , section 104(2)(b). Page 154
Current as at [Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 9 Legal proceedings [s 244]
(4) The maximum penalty that may be
summarily imposed for an indictable offence is 165 penalty
units. 244 Limitation on who may summarily hear
indictable offence proceedings (1)
A proceeding must
be before a
magistrate if
it is a
proceeding— (a)
for
the summary conviction of a person on a charge of
an
indictable offence; or (b) for
an examination of
witnesses for
a charge of
an indictable offence.
(2) However, if a proceeding for an
indictable offence is brought before a justice
who is not a magistrate, jurisdiction is limited
to
taking or making a procedural action or order within the
meaning of the Justices of the
Peace and Commissioners for Declarations Act
1991 . 245 Limitation on
time for starting summary proceedings A
proceeding for
an offence against
this Act
by way of
summary proceeding under the
Justices Act 1886 may start
at any time but if started more than 1 year
after the commission of the
offence must
start within
6 months after
the offence comes to the
complainant’s knowledge. 246 Responsibility
for acts or omissions of representatives (1)
In
this section— representative means—
(a) of a
corporation—an executive
officer, employee
or agent of the corporation; or
(b) of an
individual—an employee
or agent of
the individual. state of
mind of a person includes— Current as at
[Not applicable] Page 155
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 9 Legal proceedings [s 247]
(a) the person’s
knowledge, intention, opinion,
belief or
purpose; and (b)
the
person’s reasons for the intention, opinion, belief or
purpose. (2)
Subsections (3) and (4) apply in a
proceeding for an offence against this Act. (3)
If it is
relevant to
prove a
person’s state
of mind about
a particular act or omission, it is
enough to show— (a) the act
was done or
omitted to
be done by
a representative of
the person within
the scope of
the representative’s actual or apparent
authority; and (b) the representative had the state of
mind. (4) An act
done or
omitted to
be done for
a person by
a representative of
the person within
the scope of
the representative’s actual or apparent
authority is taken to have been done or omitted to be done also
by the person, unless the person proves
the person could
not, by
the exercise of
reasonable diligence, have prevented the act
or omission. 247 Executive officer may be taken to have
committed offence against s 119(1) (1)
If a corporation commits
an offence against
section 119(1),
each
executive officer of the corporation is taken to have also
committed the offence if—
(a) the officer
authorised or
permitted the
corporation’s conduct
constituting the offence; or (b)
the officer was,
directly or
indirectly, knowingly
concerned in the corporation’s
conduct. (2) The executive
officer may
be proceeded against
for, and
convicted of, the offence against section
119(1) whether or not the corporation has been proceeded
against for, or convicted of, the offence. (3)
This
section does not affect either of the following—
Page
156 Current as at [Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 10 Reviews by tribunal
[s
248] (a) the liability
of the corporation for
the offence against
section 119(1); (b)
the
liability, under the Criminal Code, chapter 2, of any
person, whether or not the person is an
executive officer of the corporation, for
the offence against
section 119(1). 248
Attempts to commit offences
(1) A person who attempts to commit an
offence against this Act commits an offence.
(2) The maximum
penalty for
an attempt is
one-half the
maximum penalty for the completed
offence. (3) The Criminal Code, section 4 applies
to subsection (1). Part 10 Reviews by
tribunal 249 When licensed providers may apply for
review A licensed provider may apply, as provided
under the QCAT Act, to
the tribunal for
a review of
a decision of
the chief executive
mentioned in schedule 2, part 1. 250
When
applicants for key person licences may apply for
review An applicant for
a key person licence may apply, as provided under the QCAT
Act, to the tribunal for a review of a decision of the chief
executive under section 66 to refuse to grant the
application. Current as at
[Not applicable] Page 157
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 10 Reviews by tribunal
[s
251] 251 When key person licensees may apply
for review A key person
licensee may
apply, as
provided under
the QCAT Act, to the tribunal for a review
of a decision of the chief executive mentioned in schedule
2, part 2. 252 When agents may apply for
review An agent may apply, as provided under the
QCAT Act, to the tribunal for
a review of
a decision of
the chief executive
mentioned in schedule 2, part 3.
253 When other persons may apply for
review (1) The owner
of a thing
seized by
an inspector may
apply, as
provided under the QCAT Act, to the tribunal
for a review of a decision of an inspector under section 213
to forfeit the thing. (2) A person may
apply, as provided under the QCAT Act, to the tribunal for a
review of the following decisions— (a)
a
decision of a licensed provider, under section 137C, to
give
the person an exclusion direction; (b)
a decision of
a licensed provider,
under section
137F, refusing to
revoke an
exclusion direction
given to
the person. 254
Tribunal to decide review on evidence before
the chief executive (1)
In a proceeding for
a review of
a decision of
the chief executive by the
tribunal, the tribunal must— (a)
hear
and decide the review of the decision by way of a
reconsideration of
the evidence before
the chief executive when
the decision was made; and (b) decide the
review of the decision in accordance with the same
law that applied
to the making
of the original
decision. Page 158
Current as at [Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 10 Reviews by tribunal
[s
255] (2) If the tribunal decides, under the
QCAT Act, section 139, that a proceeding for
a review of a decision should be reopened, the issues in
the proceeding that are reheard, must be— (a)
heard and
decided by
way of a
reconsideration of
the evidence given in the proceeding for
the review of the decision; and (b)
decided in accordance with the same law that
applied to the making of the original decision.
(3) In this section— original
decision means the decision of the chief executive
to which the proceeding for the review
relates. 255 Tribunal may give leave for review to
be decided on new evidence in particular circumstances
(1) Despite section
254, the
tribunal may
grant a
party to
a proceeding for a review of a decision
of the chief executive (the decision
)
leave to present new evidence if the tribunal is
satisfied— (a)
the party did
not know and
could not
reasonably be
expected to
have known
of the existence
of the new
evidence before the decision; and
(b) in the circumstances, it would be
unfair not to allow the party to present the new
evidence. (2) If the tribunal gives leave under
subsection (1), the tribunal must adjourn the
proceedings for a stated reasonable time to allow the chief
executive to reconsider the decision together with the new
evidence and to allow for further submissions by
affected persons. (3)
In
this section— new evidence means evidence
that was not before the chief executive when
the decision was made. Current as at [Not applicable]
Page
159
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 11 Miscellaneous [s 256]
256 Appeals from tribunal only to Court of
Appeal on a question of law (1)
This
section applies to a decision of the tribunal (the
tribunal decision
) in
a proceeding for a review of a decision mentioned
in
sections 249 to 253. (2) The QCAT Act,
chapter 2, part 8, division 1 does not apply to the tribunal
decision. (3) A party to the proceeding may appeal
to the Court of Appeal against the
tribunal decision
but only if
the appeal is
on a question of
law. (4) To remove
any doubt, it
is declared that
the QCAT Act,
section 149 does not apply to the tribunal
decision. Note— See
the QCAT Act,
sections 151 to
153, 155
and 156 for
other requirements and
effects of an appeal to the Court of Appeal. Part 11
Miscellaneous 260
Confidentiality of information
(1) A person who is, or was, an inspector,
or officer or employee of the department, must not disclose
confidential information gained by the person in performing
functions under this Act. Maximum penalty—200 penalty
units or
2 years imprisonment. (2)
Subsection (1) does not apply to the
disclosure of confidential information by a person—
(a) for a
purpose under
this Act,
a gaming Act
or a corresponding
law; or (b) with a lawful excuse; or
(c) under an
approval of
the chief executive
under this
section. Page 160
Current as at [Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 11 Miscellaneous [s 261]
(3) The chief
executive may
approve the
disclosure of
confidential information by a person
to— (a) an entity prescribed under a
regulation; or (b) an officer, employee or member of the
entity; or (c) a stated department, person or other
entity. (4) Before giving
an approval for
subsection (3)(c), the
chief executive
must— (a) give written
notice of
the proposed approval
to any person whom the
chief executive considers likely to be affected
adversely by the disclosure; and (b)
give
the person the opportunity of making a submission
about the
proposed approval
within the
time (not
less than 14 days)
stated in the notice. (5) If confidential
information is disclosed to an entity or person under an
approval given by the chief executive, the entity or
person, and any employee or other person
under the control of the entity
or person, are
taken to
be persons to
whom subsection (1)
applies and to have gained the information in performing
functions under this Act. (6) In this
section— confidential information means
information, other
than information that
is publicly available, about— (a)
a person’s personal
affairs, business
affairs or
reputation, character, criminal history,
current financial position or financial background; or
(b) a person making an application under
this Act. 261 Delegations (1)
The
Minister may delegate the Minister’s powers under this
Act
to— (a) the chief executive; or
(b) an appropriately qualified
appointed inspector
or an appropriately
qualified officer of the department. Current as at
[Not applicable] Page 161
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 11 Miscellaneous [s 261A]
(2) The chief executive may delegate the
chief executive’s powers under this Act to— (a)
an
appropriately qualified appointed inspector; or (b)
an
appropriately qualified officer of the department.
(3) In this section— appropriately qualified
includes having
the qualifications, experience or
standing appropriate to exercise the power. Example of
standing— a person’s classification level in the
public service 261A Cancellation of Gocorp’s interactive
gambling licence (1) Gocorp’s interactive gambling licence
is cancelled on the due day unless, before the due day—
(a) Gocorp satisfies
the chief executive
of all of
the following— (i)
neither Navari nor Topki has a beneficial
interest (whether direct or indirect) in
Gocorp; (ii) neither Navari
nor Topki is a business or executive associate of
Gocorp; (iii) there
is no disqualified person
with a
beneficial interest
(whether direct or indirect) in Gocorp; (iv)
there is no disqualified person who is a
business or executive associate of Gocorp; and
(b) the chief
executive, by
gazette notice,
declares that,
having regard to representations made by
Gocorp for the purposes of paragraph (a), the chief
executive is satisfied of the matters mentioned in paragraph
(a)(i) to (iv). (2) In this section— due
day means the
day that is
30 days after
the commencement of this section.
Gocorp means GOCORP
Limited (ACN 083 201 923). Navari means Navari Pty
Ltd (ACN 063 913 020). Page 162 Current as at
[Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 11 Miscellaneous [s 261B]
Topki means Topki
Holdings Pty Ltd (ACN 003 726 841). 261B
Person not to profit from a transaction
ending or lessening a prohibited person’s interest in
Gocorp (1) This section applies if—
(a) before the
due day as
defined under
section 261A, a
person (the first
person ) disposes of an interest; and
(b) because of the disposal, a prohibited
person— (i) no longer has a beneficial interest in
Gocorp; or (ii) has less of a
beneficial interest in Gocorp than the prohibited
person had before the disposal; and (c)
the
consideration received for the interest disposed of is
more
than the consideration given by the first person in
acquiring the interest. Examples—
1 A disqualified person has shares in
ABC Pty Ltd, which has shares in Gocorp.
Before the due day, the person sells all or some of the
person’s shares in ABC Pty Ltd for more than
the person originally paid for them. 2
A
disqualified person has shares in ABC Pty Ltd, which has
shares in Gocorp. Before the due day, ABC Pty Ltd
sells all or some of its shares in Gocorp for more than ABC Pty
Ltd originally paid for them. (2)
The amount of
the difference between
the consideration received
for the interest
disposed of
and the consideration given by the
first person in acquiring the interest is forfeited
from
the first person to the State. (3)
If
the consideration received or given consists wholly or
partly of something other than money, a reference
in subsection (1) or (2) to the consideration is a reference
to the monetary value of the consideration.
(4) If the
first person
is a corporation, the
first person
and its directors
are jointly and
severally liable
for an amount
forfeited to the State under subsection
(2). Current as at [Not applicable]
Page
163
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 11 Miscellaneous [s 261C]
(5) The chief executive may, by written
notice given to a person, require the
person to
give the
chief executive, within
the reasonable time stated in the notice
(but not less than 14 days), information or a
document that is necessary and reasonable to help
the chief executive
decide what
amount, if
any, is
forfeited to the State under subsection
(2). (6) A person
must comply
with a
requirement made
under subsection
(5). Maximum penalty—200 penalty units.
(7) The chief executive may recover an
amount forfeited under subsection (2) as a debt payable to
the State. (8) This section
applies to
a disposal mentioned
in subsection (1)—
(a) whether the
disposal happened
before or
after the
commencement of this section; and
(b) whether the consideration was received
before or after the commencement of this section or will be
received at any future time. (9)
This
section has effect despite anything in the Corporations
Act. (10)
In
this section— Gocorp means GOCORP
Limited (ACN 083 201 923). prohibited person means Navari Pty
Ltd (ACN 063 913 020), Topki Holdings Pty Ltd (ACN 003 726
841) or a disqualified person. 261C
State
immunity (1) The State is not civilly liable
because of section 261A or 261B or anything
done, or omitted to be done, for the purposes of
those sections. (2)
In
this section— State includes
an employee or
agent of
the State and
a Minister. Page 164
Current as at [Not applicable]
Interactive Gambling (Player Protection) Act
1998 Part 11 Miscellaneous [s 262]
262 Approval of forms The chief
executive may approve forms for use under this Act.
Not authorised —indicative only
263 Regulation-making power
(1) The Governor
in Council may
make regulations under
this Act.
(2) A regulation may
impose a
penalty of
not more than
20 penalty units for a contravention of
the regulation. (3) Subsection (2) does not limit any
forfeiture under a regulation. (4)
A
regulation may— (a) prohibit a disqualified person from
having, or otherwise limit the extent to which a
disqualified person may have, a beneficial
interest in a licensed corporation; or (b)
require a
licensed corporation to
ensure that
a disqualified person
is not a
business or
executive associate of the
corporation; or (c) prohibit a
disqualified person
from holding
an interactive gambling licence or key
person licence; or (d) provide for fees payable under this
Act and the matters for which fees are payable.
(5) A regulation under subsection (4)(a)
may also provide for any of the following— (a)
stating the disqualified persons to whom the
regulation applies; (b)
stating when
a disqualified person
is taken to
have a
beneficial interest in a licensed
corporation; (c) requiring a
disqualified person
to dispose of
a non-complying interest,
or otherwise ensure
that the
person ceases to have a non-complying
interest, within a stated time; (d)
if a
person does not comply with a requirement under paragraph
(c)— Current as at [Not applicable]
Page
165
Interactive Gambling (Player Protection) Act
1998 Part 11 Miscellaneous [s 263]
Not authorised —indicative
only (i) if
the non-complying interest
consists of
a shareholding or
other property—forfeiting the
non-complying interest
to the State
or another person;
or (ii) if
the non-complying interest
consists of
being a
director of
a corporation or
holding another
office—declaring that
the person stops
being a
director of
the corporation or
stops holding
the office, or
is disqualified from
again becoming
a director of the corporation or holding
the office; (e) providing for the sale by the State or
another person of an interest forfeited
to the State
or other person
and application of the proceeds;
(f) limiting the value of the
consideration received for an interest on
making a compliance disposal of the interest; (g)
if
the consideration received for an interest on making a
compliance disposal of the interest is more
than the limit under paragraph (f), forfeiting the excess
amount; (h) requiring a
person to
give to
the chief executive
information or
a document that
is necessary and
reasonable to help the chief executive
decide a matter for the purposes of the regulation,
including— (i) whether a person is a disqualified
person; and (ii) whether
an interest is
a beneficial interest
in a licensed
corporation; and (iii) whether
an interest is
a non-complying interest;
and (iv) what amount, if
any, is liable to be forfeited under the
regulation. (6) A regulation under subsection (4) has
effect despite anything in the Corporations Act.
(7) The State is not civilly liable
because of a regulation made under subsection
(4) or anything done, or omitted to be done, for the purposes
of the regulation. Page 166 Current as at
[Not applicable]
Not authorised —indicative only
Interactive Gambling (Player Protection) Act
1998 Part 12 Transitional provisions
[s
264] (8) A regulation may be made in aid of
section 261A or 261B, including a regulation under
subsection (4). (9) In this section— compliance
disposal , of an interest, means the disposal of
the interest, as a result of which a
disqualified person— (a) no
longer has
a beneficial interest
in a licensed
corporation; or (b)
has
less of a beneficial interest in a licensed corporation
than
the person had before the disposal. non-complying interest
means a
beneficial interest
in a licensed
corporation to the extent to which the interest is held
by a person
in contravention of
a regulation under
subsection (4)(a). State
includes an
employee or
agent of
the State and
a Minister. Part 12
Transitional provisions Division 1
Transitional provisions for
Gambling Legislation Amendment
Act
2004 264 Definitions for div 1
In
this division— commencement means the day
this division commences. pre-amended Act
means this
Act as in
force before
the commencement of the
Gambling Legislation Amendment Act
2004 , part 5.
Current as at [Not applicable]
Page
167
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 12 Transitional provisions
[s
266] 266 Direction to rectify under pre-amended
Act (1) Subsection (2) applies to a direction
to rectify a matter given to a key person licensee under the
pre-amended Act, section 81(3), if— (a)
the chief executive
gave the
direction to
the licensee after
considering, under
the pre-amended Act,
the accepted representations for a show
cause notice; and (b) before the commencement—
(i) the period for rectifying the matter
under that Act has not ended; or (ii)
the
period for rectifying the matter under that Act has
ended and
action has
not been taken
under section
82 of that Act
in relation to
a failure to
comply with the direction.
(2) A failure to comply with the direction
may be dealt with under the pre-amended Act
as if the
Gambling Legislation Amendment Act
2004 , part 5, had not commenced.
(3) Subsection (4) applies to a direction
to rectify a matter given to a key person licensee under the
pre-amended Act, section 81(3), if— (a)
the chief executive
gave the
direction to
the licensee without a show
cause notice; and (b) before the commencement—
(i) the period for rectifying the matter
under that Act has not ended; or (ii)
the
period for rectifying the matter under that Act has ended and
action has not been taken under that Act
in relation to
a failure to
comply with
the direction. (4)
A failure to
comply with
the direction is
taken to
be a contravention of
a provision of this Act, other than a provision a contravention
of which is an offence against this Act. Page 168
Current as at [Not applicable]
Not authorised —indicative only
Division 2 Interactive
Gambling (Player Protection) Act 1998 Part 12
Transitional provisions [s 268] Transitional
provisions for Gambling Legislation Amendment
Act
2005 268 Definitions for div 2
In
this division— commencement means
the day the
provision in
which the
term
is used commences. post-amended Act
means this
Act as in
force immediately after the
commencement. 269 Inspectors A person who,
immediately before the commencement, held an appointment
as an inspector under part 8, division 1, of this
Act
as in force before the commencement is taken to be an
inspector appointed under the post-amended
Act, section 186. 270 Audit program for inspectors
The audit program
that, immediately before
the commencement, was
the audit program
approved by
the Minister under section 188(1) of this
Act as in force before the commencement is
taken to
be the approved
audit program
under the post-amended Act, section
193. Current as at [Not applicable]
Page
169
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Part 12 Transitional provisions
[s
271] Division 3 Transitional
provision for Liquor and Gaming (Red Tape Reduction)
and
Other Legislation Amendment Act 2013
271 Continuation of offence under s
127 (1) This section applies if a person is
alleged to have committed an offence against section 127, as in
force immediately before the commencement of this
section. (2) Despite the Criminal Code, section 11,
a proceeding for the offence may be started or continued,
and the court may hear and decide the proceeding, as if
the Liquor and Gaming (Red Tape Reduction)
and Other Legislation Amendment Act 2013 ,
other than this section, had not
commenced. Page 170 Current as at
[Not applicable]
Not authorised —indicative only
Schedule 1 Part 1
Interactive Gambling (Player Protection) Act
1998 Schedule 1 Decisions not
subject to appeal section 59 Decisions of
Governor in Council Section
52 52 52
54 Description of decision
Suspending an interactive gambling
licence Cancelling an interactive gambling
licence Appointing an administrator to conduct
the operations of a licensed provider
For
an interactive gambling licence that is suspended—cancelling or reducing any
remaining period of suspension
Part
2 Decisions of Minister Section
13 14 15
Description of decision Granting or
refusing to grant authorisation for conduct of a
particular interactive game or imposing
condition on such an authorisation Changing
conditions on which a particular interactive game
is authorised Revoking authorisation to conduct a
particular interactive game Current as at
[Not applicable] Page 171
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Schedule 1 Section
25 26 31
37 39 48
49 50 150
153 229 Description of
decision Approval of exemption scheme
Cancellation of the approval of an
exemption scheme Granting or
refusing to grant an application for an interactive
gambling licence Imposing a condition on an interactive
gambling licence Changing
conditions of an interactive gambling licence
Suspending an interactive gambling
licence Censuring a licensed provider
Directing a licensed provider to rectify a
matter Giving, or refusing to give, an approval for
an ancillary gambling agreement
Directing the termination of a related
agreement Directing a licensed provider or an agent to
stop or change a management practice
Page
172 Current as at [Not applicable]
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Schedule 2 Part 1
Interactive Gambling (Player Protection) Act
1998 Schedule 2 Decisions of
chief executive subject to review sections 249, 251
and 252 Decisions affecting licensed
providers Section
105 129(2) 162
162 Description of decision
Directing licensed provider to terminate
an agency agreement Directing
licensed provider to include additional details about a
matter in the provider’s control system for an
interactive game Refusing to approve regulated
interactive gambling equipment Refusing to
approve a modification of regulated interactive
gambling equipment Part 2 Section
73 74 Decisions
affecting key person licensees Description of
decision Imposing condition on key person
licence Changing a condition of a key person
licence Current as at [Not applicable]
Page
173
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only Interactive Gambling (Player Protection)
Act 1998 Schedule 2 Section
75 80 81
83 83A Description of
decision Refusing to grant an application to replace
a key person licence Immediately
suspending a key person licence Suspending or
cancelling a key person licence Censuring a key
person licensee Directing a key person licensee to rectify
a matter Part 3
Section 105
Decisions affecting agents
Description of decision Directing a
licensed provider to terminate an agency
agreement Page 174 Current as at
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Schedule 3 Interactive
Gambling (Player Protection) Act 1998 Schedule 3
Dictionary section 7
accepted representations —
(a) for part 3, division 3—see section 47;
and (b) for part 4, division 3—see section 79;
and (c) for part 5, division 2—see section
101(6); and (d) for part 7, division 10—see section
152(6). agency agreement see section
95. agent see section
94. ancillary gambling agreement
see
section 149. appointed inspector see section
185(a). approved evaluator
means an
entity declared
under a
regulation to be an approved
evaluator. approved form see section
262. approved interactive gambling
equipment means
regulated interactive
gambling equipment approved under section 162. approved
place see section 138. associated entity
, of a
registered political
party, means
an entity whose
functions include
investing amounts
for the party,
but does not
include an
entity that
carries on
an investment business merely because it
invests amounts for the party, as well as other persons, in
the course of carrying on that business. authorised
game see section 12. authorised
provider see section 11. beneficiary of a trust
includes, in the case of a discretionary trust, an object
of the trust. Current as at [Not applicable]
Page
175
Interactive Gambling (Player Protection) Act
1998 Schedule 3 Not
authorised —indicative
only Page 176 business
associate ,
of a licensed
provider, means
a person whom the chief
executive reasonably believes to be associated with the
licensed provider’s operations. business
associate ,
of an agent,
means a
person whom
the chief executive reasonably believes to
be associated with the agent’s operations.
business associate , of an
applicant for an interactive gambling licence,
means a
person who
the Minister reasonably believes—
(a) is associated with the ownership or
management of the applicant’s operations; or
(b) will, if an interactive gambling
licence is issued to the applicant, be
associated with
the ownership or
management of the licensed provider’s
operations. commencement —
(a) for part 12, division 1—see section
264; and (b) for part 12, division 2—see section
268. condition notice see section
39. conduct includes
promote, organise and operate. consideration received
, for an
interest, includes
anything received, or to
be received, for the interest under a contract, arrangement or
understanding. control system
means a
system of
internal controls
for the conduct of
interactive games by a licensed provider. conviction includes a plea
of guilty or a finding of guilt by a court even
though a conviction is not recorded. corresponding law
, of a
participating jurisdiction, means
a law of
a participating jurisdiction declared
to be a
corresponding law under section 10.
credit includes any
form of financial accommodation. criminal
history of
a person means
the person’s criminal
history within
the meaning of
the Criminal Law
(Rehabilitation of Offenders) Act
1986 , and— Current as at
[Not applicable]
Interactive Gambling (Player Protection) Act
1998 Schedule 3 Not
authorised —indicative only
(a) despite section 6 of that Act,
includes a conviction of the person to which
the section applies; and (b) despite
section 5
of that Act,
includes a
charge made
against the person for an offence.
disqualified person means any of the
following— (a) a member of the Legislative
Assembly; (b) a spouse
or child of
a member of
the Legislative Assembly;
(c) a staff
member of
a member of
the Legislative Assembly;
(d) a councillor of a local
government; (e) a spouse or child of a councillor of a
local government; (f) a registered political
party within
the meaning of
the Electoral Act 1992 , or a senior
officer of the party or an associated entity of the party;
(g) a person, whether or not of a similar
class to a person mentioned in paragraphs (a) to (e),
prescribed under a regulation. document
certification requirement see section 221. document
production requirement see section 221. employ
includes engage under a contract for
services. employee , of a licensed
provider or an agent, means a person employed
by the licensed
provider or
agent in
functions related to the
conduct of authorised games. exclusion
direction see section 137C(1). executive
associate ,
of a licensed
provider, means
an executive officer
of a corporation, partner
or trustee, or
another person
stated by
the Minister, whom
the Minister reasonably believes
to be associated with
the ownership or
management of the operations of the licensed
provider. executive associate , of an agent,
means an executive officer of a corporation,
partner or trustee, or another person stated by the
Minister, whom
the Minister reasonably believes
to be Current as at
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Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Schedule 3 associated with
the ownership or
management of
the operations of the agent.
executive associate
, of an
applicant for
an interactive gambling
licence, means an executive officer of a corporation,
partner or
trustee, or
another person
stated by
the Minister whom the
Minister reasonably believes— (a)
is
associated with the ownership or management of the
applicant’s operations; or
(b) will, if an interactive gambling
licence is issued to the applicant, be
associated with
the ownership or
management of the licensed provider’s
operations. executive officer
, of a
corporation, means
a person who
is concerned with,
or takes part
in, the corporation’s management, whether
or not the
person is
a director or
the person’s position is given the name of
executive officer. exempt gambling record see section
138(2). exempt game see section
12A. exemption scheme see section
24. external inspector see section
185(b). external licence
means the
licence of
an external provider
under a corresponding law.
externally authorised game
see
section 12(2). external provider see section
11(2). financial records requirement
see
section 226. gambling record
, of a
licensed provider,
means a
record (including a
document) about the operations conducted by the licensed
provider under the interactive gambling licence.
gambling turnover for an
authorised game means the gross amount wagered
by the players. gaming Act means any of the
following Acts— • Casino Control Act 1982
• Charitable and Non-Profit Gaming Act
1999 Page 178 Current as at
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Interactive Gambling (Player Protection) Act
1998 Schedule 3 Not
authorised —indicative only
• Gaming Machine Act 1991
• Keno Act 1996 •
Lotteries Act 1997 •
Wagering Act 1998 .
gaming official means—
(a) an inspector; or (b)
an
officer of the department. identity card , for an
inspector, means an identity card issued to the inspector
under section 188. indictable offence
includes an
indictable offence
dealt with
summarily, whether
or not the
Criminal Code,
section 659, applies to the
indictable offence. information notice means a written
notice complying with the QCAT Act, section 157(2).
inspector means a person
who is an inspector for this Act. interactive gambling
means gambling
accessible from
the home involving
interactive games
in which the
players participate by
means of
the internet or
through some
other telecommunication medium.
interactive gambling
equipment means
a machine or
other device
(whether electronic, electrical or
mechanical), computer
software, or another thing, used, or suitable for use,
in
the conduct of an authorised game. interactive gambling
licence means
a licence under
part 3
(Interactive gambling licences).
interactive gambling tax revenue
see
section 115(1). interactive game see section
6. interested person see section
46. intergovernmental agreement
means an
agreement under
section 10(2). key
official means a gaming
official declared under section 175 to be a key
official. Current as at [Not applicable]
Page
179
Interactive Gambling (Player Protection) Act
1998 Schedule 3 Not
authorised —indicative
only Page 180 key
person see section 60. key person
licence means a licence issued under section
69. key person licensee
means a
person licensed
under a
key person licence. key
relationship see section 60. licence
fees see section 112. licensed
corporation means
a corporation that
holds an
interactive gambling licence.
licensed provider see section
11(1). official gambling document
means— (a)
an
interactive gambling licence; or (b)
a
key person licence; or (c) an inspector’s
identity card. participating jurisdiction
means a jurisdiction that is, under
the terms of
a declaration made
under section
10, to be regarded as a
participating jurisdiction. participating
regulator means the person responsible for the
administration of
the corresponding law
of a participating jurisdiction. personal details
requirement see section 219. player
see
section 5. player’s account see section
20. post-amended Act , for part 12,
division 2, see section 268. pre-amended
Act , for part 12, division 1, see section
264. problem gambler means a person
whose behaviour relating to gambling—
(a) is characterised by difficulties in
limiting the amount of money or time the person spends on
gambling; and (b) leads to
adverse consequences for
the person, other
persons or the community.
proposed action , for part 4,
division 3, see section 78(2)(a). Current as at
[Not applicable]
Interactive Gambling (Player Protection) Act
1998 Schedule 3 Not
authorised —indicative only
public office
, for a
licensed provider,
means the
licensed provider’s principal
place of
business in
the State or,
if the licensed
provider is a corporation and has its registered office
in
the State, the registered office. registered company
auditor means
a person registered, or
taken to be registered, as an auditor under
the Corporations Act, part 9.2. regulated
interactive gambling
equipment means
gambling equipment
declared under
a regulation to
be regulated interactive
gambling equipment. related agreement means—
(a) an agreement, contract, lease or
arrangement (whether written or unwritten) that—
(i) is entered
into between
a licensed provider
and another person; and
(ii) relates
to the operations of
the licensed provider
under the interactive gambling licence;
or (b) an ancillary gambling
agreement. restricted player
means a
person registered by
a licensed provider,
or an agent
of a licensed
provider, as
a restricted player.
revocation notice —
(a) for part
7, division 5A,
subdivision 1—see
section 137B(1);
and (b) for part
7, division 5A,
subdivision 2—see
section 137F(5).
rules see section
120. self-exclusion notice see section
137. self-exclusion order see section
137A(1)(a). senior officer
, of a
registered political
party, means
the president, secretary or treasurer of
the party or another person who
is concerned with,
or takes part
in, the party’s
management. Current as at
[Not applicable] Page 181
Not authorised —indicative
only Interactive Gambling (Player Protection)
Act 1998 Schedule 3 show cause
notice — (a) for part 3,
division 3—see section 45(2); and (b)
for
part 4, division 3—see section 78(1); and (c)
for
part 5, division 2—see section 101(2); and (d)
for
part 7, division 10—see section 152(2). show cause
period , for part 3, division 3, see section
45(2)(e). special warrant see section
202. staff member
, of a
member of
the Legislative Assembly,
means a
person employed
or otherwise engaged
by the member
for the purpose
of the member’s
electoral or
Ministerial functions. stop
direction see section 217. telecommunication device means—
(a) a computer adapted for communicating
by way of the internet or another communications network;
or (b) a television receiver
adapted to
allow the
viewer to
transmit information by
way of a
cable television network or
another communications network; or (c)
a
telephone; or (d) any other electronic device or thing
for communicating at a distance. tribunal
means QCAT. unrestricted
player means a person registered by a
licensed provider, or an agent of a licensed
provider, as an unrestricted player.
wager means
an amount a
player pays
to participate in
an interactive game or puts at risk in
playing an interactive game. written
notice includes a notice given in the form of
electronic data from
which a
written document
can be produced
or reproduced. Page 182
Current as at [Not applicable]