QueenslandWageringAct1998Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Betting Tax Bill 2018.
Thisindicativereprinthasbeenpreparedforinformationonly—it is
not anauthorised reprint of the Act.The point-in-time date for this
indicative reprint is the introduction date forthe Betting Tax
Bill 2018—12 June 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyWagering Act 1998Wagering Act
1998Part 1 Preliminary[s 1]An Act
about wagering and for other purposesPart 1Preliminary1Short
titleThis Act may be cited as theWagering Act 1998.2CommencementThis Act
commences on a day to be fixed by proclamation.2AObject(1)The
object of this Act is to ensure that, on balance, the Stateand
the community as a whole benefit from wagering.(2)Thebalanceisachievedbyallowingwageringsubjecttoasystem of regulation and control
designed to protect playersand the
community through—(a)ensuring the integrity and fairness of
games; and(b)ensuring the probity of those involved
in the conduct ofwagering; and(c)minimising the potential for harm from
wagering.Current as at [Not applicable]Page
15
Notauthorised—indicativeonlyWagering Act 1998Part 2
Interpretation[s 3]Part 2InterpretationDivision 1Definitions3DefinitionsThe dictionary
in schedule 2 defines particular words used inthis Act.Division 2Basic
concepts4Meaning ofexclusivity
period(1)Theexclusivityperiod,foraracewageringlicence,istheperiod starting on 1 July 2014 and
ending—(a)30 years after 1 July 2014; or(b)if, within the period of 30 years
after 1 July 2014, a racewagering licence held by UBET or a
UBET subsidiary iscancelled,surrenderedorceasestohaveeffectforanother reason (other than
suspension)—on the day thelicence is cancelled, surrendered or
otherwise ceases tohave effect.(2)Theexclusivity period, for a sports
wagering licence, is theperiod starting on 1 July 2014 and
ending—(a)30 years after 1 July 2014; or(b)if,withintheperiodof30yearsafter1July2014,asportswageringlicenceheldbyUBEToraUBETsubsidiaryiscancelled,surrenderedorceasestohaveeffectforanotherreason(otherthansuspension)—onthedaythelicenceiscancelled,surrenderedorotherwise ceases to have effect.Page
16Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 2
Interpretation[s 5]5Meaning ofoncourse
wagering permit(1)Anoncoursewageringpermitisapermitauthorisingthepermitholdertoconductoncoursewageringbymeansofatotalisatorbyacceptinginvestmentsplacedbypersonsataracemeetingconductedbythepermitholderatalicensedvenue.(2)Subsection (1) applies only to investments
that—(a)are placed by persons at the licensed
venue stated in thepermit; and(b)relate to races held at the race meeting
conducted by thepermit holder.6Meaning ofrace wagering
licenceAracewageringlicenceisalicenceauthorisingtheracewageringlicenseetoconductwageringonaneventorcontingency that—(a)is,orrelatesto,thoroughbred,harnessorgreyhoundracing;
and(b)may be lawfully held in Queensland or
elsewhere.7Meaning ofsports wagering
licenceAsports wagering licenceis a
licence authorising the sportswagering
licensee to conduct wagering on—(a)a
sporting event or contingency (whether in Australia orelsewhere); or(b)another event or contingency that is an
approved eventor contingency for the licensee.8Meaning oftotalisator(1)Atotalisatoris a system
used—Current as at [Not applicable]Page
17
Notauthorised—indicativeonlyWagering Act 1998Part 2
Interpretation[s 8](a)toenablepersonstoinvestmoneyoneventsorcontingencieswithaviewtosuccessfullypredictingspecified
outcomes of the events or contingencies; and(b)toenablethetotalisatorpooltobedividedanddistributed among the persons who
successfully predictthe outcomes.(2)Atotalisatoralso includes an
instrument, machine or deviceunderwhichthesystemmentionedinsubsection (1)isoperated.(3)Insubsection (1)(b),areferencetothetotalisatorpoolisareference to the
amount left from the investments after—(a)making allowances for refunds of
investments; and(b)deducting commission for the conduct
of the totalisator;and(c)adding any pool
top-up amount.(4)In this section—minimumpoolamount,foratotalisator,meansanamountworked out by
using the formula—Page 18where—MPAmeans the minimum pool amount.Ameansanamountthattheauthorityoperatorforthetotalisator
advertises is the minimum amount that will, afteramountsarerefundedanddeductedascommission,beavailable for the payment of dividends out
of the totalisatorfor an event or contingency.Rmeans an amount paid out of the
totalisator as a refund of aninvestment.Cmeans the amount that would be deducted as
commission ifthe amount invested in the totalisator
equalled A minus R.pool top-up amount, for a
totalisator, means an amount addedbyanauthorityoperatortothetotalisatorsotheamountCurrent as at
[Not applicable]
Wagering Act 1998Part 3 Lawfulness
of wagering[s 9]available for
the payment of dividends equals the minimumpool amount for
the totalisator.Notauthorised—indicativeonlyDivision 3Other
interpretative matters9References to
applicants for oncourse wagering permitsand permit
holders(1)This section applies if the applicant
for an oncourse wageringpermitorapermitholderisanunincorporatedbodyofpersons.(2)In
this Act, a reference to the applicant or permit holder is areference to each person who is a member of
the managementcommittee of the body.10References to investmentsIn
this Act, a reference to an amount invested (whether in atotalisator or otherwise) is a reference to
the amount invested,less any amount repayable to the
investor by way of a refund(whether because
of the cancellation or calling off of a bet orfor any other
reason).Part 3Lawfulness of
wagering11Lawful activitiesThe following
activities are lawful—(a)theconduct,underthisAct,ofatotalisatorbyawagering licensee under a wagering
licence;(b)theconduct,underthisAct
and the relevant wageringmanagement agreement, of a totalisator
by a wageringmanager under a wagering licence;(c)the conduct, under this Act, of a
totalisator by a permitholder under an oncourse wagering
permit;Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyWagering Act 1998Part 3 Lawfulness
of wagering[s 11A](d)theconduct,underthisAct,ofwagering(onafixedoddsbasis)byawageringlicenseeunderawageringlicence;(e)theconduct,underthisAct
and the relevant wageringmanagementagreement,of wagering (on
a fixed oddsbasis) by a wagering manager under a
wagering licence;(f)the carrying on of a wagering agent’s
operations underthis Act and the relevant agency
agreement;(g)the use of approved wagering equipment
by a wageringlicensee, manager or agent or permit
holder;(h)betting, under this Act, by a person
(whether by meansof a totalisator or on a fixed odds basis)
for wageringconductedbyawageringlicenseeunderawageringlicence;(i)betting,underthisActandtherelevantwageringmanagement
agreement, by a person (whether by meansof a totalisator
or on a fixed odds basis) for wageringconductedbyawageringmanagerunderawageringlicence;(j)betting,underthisAct,byaperson(bymeansofatotalisator) for wagering conducted by
a permit holderunder an oncourse wagering permit;(k)the doing of anything else required or
authorised to bedone under this Act.11AOffences about totalisators(1)A person must not—(a)operate, or take part in operating, a
totalisator other thanunder this Act; or(b)bet
on a totalisator other than under this Act or a law ofanother State; or(c)asktobeanotherperson’sagentforbettingonatotalisator; orPage 20Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 12](d)act
as agent of another person (thesecond
person) forbettingonatotalisatorifthatpersonandthesecondpersonagree,expresslyorimpliedly,thatthepersonactingasagentwillreceiveconsiderationfromthesecond person.Maximumpenalty—100penaltyunitsor6monthsimprisonment.(2)For
subsection (1)(b), a reference to a totalisator includes—(a)asystemthatissubstantiallysimilartoasystemmentioned in section 8(1); and(b)an instrument, machine or device under
which a systemmentioned in paragraph (a) is
operated.12Relationship with other laws(1)Section 11haseffectdespiteanyotherlawdealingwithwagering,including,inparticular,theRacingIntegrityAct2016.(2)NothinginthisActappliestoapersoncarryingonbookmakingundertheRacingIntegrityAct2016underaracing bookmaker’s licence.Part
4Wagering authoritiesDivision 1Suitability of persons13Suitability of involved persons(1)This section applies to the Minister
in deciding whether—(a)anapplicantforawageringlicence(theinvolvedperson) is a suitable
person to hold a wagering licence;or(b)awageringlicensee(alsotheinvolvedperson)isasuitable person to hold a wagering licence;
orCurrent as at [Not applicable]Page
21
Wagering Act 1998Part 4 Wagering
authorities[s 13]Notauthorised—indicativeonly(c)an applicant for
an oncourse wagering permit (also theinvolved
person) is a suitable person to hold an
oncoursewagering permit; or(d)a
permit holder (also theinvolved person) is a
suitableperson to hold an oncourse wagering
permit.(2)The Minister may have regard to the
following matters—(a)the involved person’s character or
business reputation;(b)theinvolvedperson’scurrentfinancialpositionandfinancial background;(c)if
the involved person is not an individual—whether thepersonhas,orhasarranged,asatisfactoryownership,trust or
corporate structure;(d)whethertheinvolvedpersonhas,orisabletoobtain,financial
resources the Minister considers to be adequateto ensure the
financial viability of operations conductedunder a wagering
authority of the kind applied for, orheld, by the
involved person;(e)whethertheinvolvedpersonhastheappropriatebusinessability,knowledgeorexperiencetosuccessfullyconductoperationsunderawageringauthority of the
kind applied for, or held, by the involvedperson;(f)whether the involved person has, or is
able to obtain, theservicesofpersonswithappropriatebusinessability,knowledge or
experience to enable the involved persontosuccessfullyconductoperationsunderawageringauthority of the
kind applied for, or held, by the involvedperson;(g)iftheinvolvedpersonhasabusinessassociationwithanother entity—(i)the
entity’s character or business reputation; and(ii)the
entity’s current financial position and financialbackground;(h)anything else prescribed under a
regulation.Page 22Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 14]14Suitability of associates(1)This section applies to the Minister
in deciding whether—(a)a business or
executive associate of an applicant for awageringlicenceisasuitablepersontobeassociatedwith a wagering
licensee’s operations; or(b)a business or
executive associate of a wagering licenseeisasuitablepersontobeassociatedwithawageringlicensee’s
operations; or(c)a business or executive associate of
an applicant for anoncoursewageringpermitisasuitablepersontobeassociated with
a permit holder’s operations; or(d)a
business or executive associate of a permit holder is asuitable person to be associated with a
permit holder’soperations.(2)The
Minister may have regard to the following matters—(a)the associate’s character or business
reputation;(b)theassociate’scurrentfinancialpositionandfinancialbackground;(c)if
the associate has a business association with anotherentity—(i)the
entity’s character or business reputation; and(ii)the
entity’s current financial position and financialbackground;(d)anything else prescribed under a
regulation.15Other matters about suitabilitySections 13 and 14 do not limit the matters
the Minister mayhave regard to in deciding matters to which
the sections relate.Current as at [Not applicable]Page
23
Wagering Act 1998Part 4 Wagering
authorities[s 16]Division 2Applications for, and issue of,wagering authoritiesNotauthorised—indicativeonly16Application for
race wagering licence(1)An application
for a race wagering licence may only be madeby a
corporation.(2)During the exclusivity period for a
race wagering licence, anapplication for a race wagering
licence may be made only byUBET or a UBET
subsidiary.17Application for sports wagering
licence(1)Anapplicationforasportswageringlicencemayonlybemade
by a corporation.(2)Duringtheexclusivityperiod
forasports wagering licence,anapplicationforasportswageringlicencemaybemadeonly by UBET or
a UBET subsidiary.18Application for oncourse wagering
permitAn application for an oncourse wagering
permit may only bemade by a licensed club.19Requirements about applicationsAn
application for a wagering authority must—(a)be
made to the Minister; and(b)be in the
approved form; and(c)be accompanied by any application fee
prescribed undera regulation.20Further information or documents to support
application(1)The Minister may, by written notice
given to an applicant for awagering
authority, require the applicant to give the MinisterPage
24Current as at [Not applicable]
Wagering Act 1998Part 4 Wagering
authorities[s 21]furtherinformationoradocumentabouttheapplicationwithin the
reasonable time stated in the notice.(2)The
requirement must relate to information or a document thatisnecessaryandreasonabletohelptheMinisterdecidetheapplication.Notauthorised—indicativeonly21Consideration of application(1)TheMinistermustconsideranapplicationforawageringauthority and
either grant or refuse to grant the application.(2)However, the Minister is not required
to decide an applicationif—(a)theMinisterhasgiventheapplicantanoticeundersection 20requiringtheapplicanttogivetheMinisterfurther
information or a document about the application;and(b)the applicant
has failed, without reasonable excuse, tocomply with the
requirement within the time stated inthe
notice.22Conditions for granting application
for wagering licence(1)During the
exclusivity period for a race wagering licence, theMinister may grant an application for a race
wagering licenceonly if the applicant is UBET or a UBET
subsidiary.(2)Duringtheexclusivityperiod
forasports wagering licence,the
Minister may grant an application for a sports wageringlicence only if the applicant is UBET or a
UBET subsidiary.(3)If, in relation to an application for
a race wagering licence, theMinisterconsidersthat,toensuretheeffectiveconductofauthorised wagering under the licence,
it would be necessaryfortheapplicanttoenterintoarrangementswitharacingentity,theMinistermaygranttheapplicationonlyiftheMinister is
satisfied the applicant has entered into, or is in aposition to enter into, appropriate
arrangements with a racingentity.Current as at
[Not applicable]Page 25
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 22](4)Aftertheendoftheexclusivityperiodforaracewageringlicence,theMinistermaygrantanapplicationforaracewageringlicenceonlyiftheMinisterissatisfied,havingregardtorelevantmarketconditionsatthetime,thatappropriatecommercialarrangementshavebeenmadebetween the interested parties that the
Minister considers arenolessfavourabletotheracecompaniesthanthearrangements last in force between the race
companies and theinitial licensee.(5)Also,theMinistermaygrantanapplicationforawageringlicence only if
the Minister is satisfied—(a)theapplicantisasuitablepersontoholdawageringlicence;
and(b)each business and executive associate
of the applicant isasuitablepersontobeassociatedwithawageringlicensee’s
operations.(6)However, the Minister may refuse to
grant an application eveniftheMinisterissatisfiedofthemattersmentionedinsubsection (5).(7)In
this section—commercialarrangementsincludescommercialarrangements
about the conduct of approved wagering.initial
licenseemeans the race wagering licensee under a
racewagering licence issued on the day this
section commences.interested partiesmeans the
initial licensee, the applicant forthe race
wagering licence and the race companies.race
companiesmeans Queensland Race Co Ltd (ACN 081743777)andQueenslandRaceProductCoLtd(ACN081743
722).racingentitymeansacontrolbodyundertheRacingAct2002.Page
26Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 23]23Conditions for granting application for
oncoursewagering permit(1)TheMinistermaygrantanapplicationforanoncoursewagering permit
only if—(a)the Minister is satisfied—(i)the applicant has negotiated in good
faith with thelicenceoperatorforenteringintoanagencyagreement with
the operator; and(ii)despite the
negotiations, the applicant has not beenabletoenterintoanagencyagreementonreasonable terms with the licence
operator relatingto race meetings for which the permit is
sought; or(b)the Minister is satisfied the licence
operator has refusedorfailedtoenterintoanagencyagreementwiththelicensed club.(2)Also, the Minister may grant an application
for an oncoursewagering permit only if the Minister is
satisfied—(a)theapplicantisasuitablepersontoholdanoncoursewagering permit;
and(b)each business and executive associate
of the applicant isa suitable person to be associated with a
permit holder’soperations.(3)However, the Minister may refuse to grant an
application eveniftheMinisterissatisfiedofthemattersmentionedinsubsection (2).24Investigation of suitability of
persons(1)ThechiefexecutivemayinvestigateanapplicantforawageringauthoritytohelptheMinisterdecidewhethertheapplicant is a suitable person to hold a
wagering authority ofthe kind applied for.(2)The chief executive may investigate a
business or executiveassociate of an applicant for a
wagering authority to help theMinister
decide—Current as at [Not applicable]Page
27
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 25](a)for
an application for a wagering licence—whether theassociateisasuitablepersontobeassociatedwithawagering licensee’s operations;
or(b)foranapplicationforanoncoursewageringpermit—whethertheassociateisasuitablepersontobeassociated with
a permit holder’s operations.25Criminal history reports for
investigations(1)Ifthechiefexecutiveininvestigatingapersonundersection 24 asks the commissioner of the
police service for awrittenreportontheperson’scriminalhistory,thecommissioner must give the report to
the chief executive.(2)The report is to
contain—(a)relevant information in the
commissioner’s possession;and(b)relevantinformationthecommissionercanreasonablyobtain by asking
officials administering police servicesin other
Australian jurisdictions; and(c)otherrelevantinformationtowhichthecommissionerhas
access.26Decision on application(1)If the Minister decides to grant an
application for a wageringauthority,theMinistermustpromptlyissuetheauthoritytothe
applicant.(2)An oncourse wagering permit may be
issued—(a)for a stated term (not longer than 5
years); or(b)for a stated race meeting or race
meetings.(3)If the Minister decides to refuse to
grant an application for awageringauthority,theMinistermustpromptlygivetheapplicant written notice of the
decision.Page 28Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 27]27Conditions of authorityThe Minister may
issue a wagering authority—(a)onconditionstheMinisterconsidersnecessaryordesirable for the proper conduct of
authorised wageringunder the wagering authority; and(b)on other conditions the Minister
considers necessary ordesirable in the public
interest.28Form of authority(1)A
wagering authority must be in the approved form.(2)Theapprovedformmustprovidefortheinclusionofthefollowing particulars—(a)the name of the authority
holder;(b)the date of issue of the
authority;(c)the term of the authority or, for an
oncourse wageringpermit, the race meeting or race meetings
for which thepermit is issued;(d)foranoncoursewageringpermit—thelicensedvenuefor which the
permit is issued;(e)the conditions of the
authority;(f)any other particulars prescribed under
a regulation.29Term of licence(1)A
wagering licence remains in force for the term stated in thelicence.(2)Subsection (1) applies subject to this
Act.29AExtension of wagering licence(1)A wagering licensee may apply for an
extension (an extensionapplication) of the term of the
licensee’s licence.Current as at [Not applicable]Page
29
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 30](2)Anextensionapplicationmustbemadeatleast1monthbefore the
licence expires.(3)The provisions of this part relating
to an application for, andissue of, a wagering licence apply to
an extension applicationasifanextensionapplicationwereanapplicationforawagering licence.(4)However, for the purposes of subsection
(3)—(a)section 26(1) applies as if the
reference to the MinisterissuingtheauthoritywereareferencetotheMinisterissuing an
extension of the licence; and(b)section 29(1)appliesasifthewageringlicenceremained in force for the term stated in the
extension.(5)To remove any doubt, it is declared
that a wagering licencemay be extended one or more
times.30Term of permit(1)An
oncourse wagering permit remains in force—(a)if
issued for a stated term—for the stated term; or(b)if issued for a stated race meeting or
race meetings—forthe term necessary and reasonable to enable
the permitholdertoundertakeandfinishthepermitholder’soperationsunderthepermitforthestatedmeetingormeetings.(2)Subsection (1) applies subject to this
Act.Division 3Dealings
affecting wageringauthorities31Changing conditions of authority(1)TheMinistermaydecidetochangetheconditionsofawagering authority if the Minister
considers it is necessary ordesirable to
make the change—Page 30Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 32](a)for
the proper conduct of authorised wagering under thewagering authority; or(b)otherwise in the public interest.(2)If the Minister decides to change the
conditions, the Ministermustpromptlygivetheauthorityholderawrittennotice(acondition notice) stating the
decision and the reasons for thedecision.(3)A change of the conditions—(a)takes effect—(i)on
the day the condition notice for the change isgiven to the
authority holder; or(ii)if a later day
of effect is stated in the notice—onthe later day;
and(b)doesnotdependonthewageringauthoritybeingamendedtorecordthechange,orareplacementauthority
recording the change being issued.(4)ThepoweroftheMinistertochangetheconditionsofawagering authority includes the power
to add conditions to anunconditional authority.32Recording change of conditions(1)The authority holder must return the
wagering authority to theMinisterwithin7daysofreceivingtheconditionnoticenotifyingachangeofconditions,unlesstheholderhasareasonable excuse.Maximum
penalty—40 penalty units.(2)On receiving the
wagering authority, the Minister must—(a)amend the authority in an appropriate way
and return theamended authority to the authority holder;
or(b)if the Minister does not consider it
practicable to amendtheauthority—issueareplacementauthority,incorporatingthechangedconditions,totheauthorityholder.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 33]33Authority generally not transferable(1)A wagering authority can not be
transferred.(2)However, if a wagering authority is
mortgaged or otherwiseencumbered with the Minister’s
approval, subsection (1) doesnot prevent the
transfer of the authority, subject to section 34,by
way of enforcement of the security.34Mortgage and transfer of authority(1)An authority holder may mortgage or
otherwise encumber thewageringauthorityonlywiththewrittenapprovaloftheMinister.(2)Ifapersonhas,underorbecauseofamortgageorotherencumbrance, a
right to sell and transfer a wagering authority,theauthoritymaybesoldandtransferredonlytoapersonapproved by the Minister in writing.(3)BeforetheMinisterapprovesapersonforthetransferofawagering licence, the Minister must be
satisfied—(a)theproposedtransfereeisasuitablepersontoholdawagering licence; and(b)each
business and executive associate of the proposedtransfereeisasuitablepersontobeassociatedwithawagering licensee’s operations.(4)Before the Minister approves a person
for the transfer of anoncourse wagering permit, the Minister
must be satisfied—(a)the proposed transferee is a suitable
person to hold anoncourse wagering permit; and(b)each business and executive associate
of the proposedtransfereeisasuitablepersontobeassociatedwithapermit holder’s operations.(5)TheMinistermayrequiretheproposedtransfereeofthewagering authority to submit an
application for the authorityandmaydealwiththeapplication,andinvestigatethesuitabilityoftheproposedtransfereeandproposedtransferee’sbusinessandexecutiveassociates,inthesamePage 32Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 35]wayasiftheapplicationwereanapplicationforanewwagering
authority of the kind proposed to be transferred.(6)Ifapersonhas,underorbecauseofamortgageorotherencumbrance, a
power to appoint a receiver or manager of theoperations
conducted under a wagering authority, the powermaybeexercisedonlyiftheMinisterfirstapprovestheproposed receiver or manager in
writing.35Surrender of authority(1)An authority holder may surrender the
wagering authority bywritten notice given to the
Minister.(2)The surrender of a wagering licence
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—onthe later day;
or(b)if the Minister, by written notice
given to the wageringlicensee, approves a day of effect
that is earlier than 3months after the notice is given—on
the day of effectapproved by the Minister.(3)The surrender of an oncourse wagering
permit takes effect—(a)on the day the
notice is given to the Minister; or(b)if a
later day of effect is stated in the notice—on the laterday.Division 4Investigation of authority holdersand
associates36Audit programs(1)TheMinistermayapproveauditprogramsforinvestigatingthe
following—(a)wagering licensees;Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 37](b)business or executive associates of wagering
licensees;(c)permit holders;(d)business or executive associates of permit
holders.(2)Thechiefexecutiveisresponsibleforensuringaninvestigation of a person under an approved
audit program isconducted in accordance with the
program.37Investigation of suitability of
authority holders(1)ThechiefexecutivemayinvestigateanauthorityholdertohelptheMinisterdecidewhethertheholderisasuitableperson to hold a
wagering authority of the kind held by theholder.(2)However,thechiefexecutivemayinvestigateanauthorityholder only
if—(a)theMinisterreasonablysuspectstheholderisnotasuitable person
to hold a wagering authority of the kindheld by the
holder; or(b)theinvestigationismadeundertherelevantauditprogram approved by the Minister.(3)Also, an authority holder may be
investigated under an auditprogramonlyiftherehasnotbeenaninvestigationoftheholder under the program within the
preceding 2 years.38Investigation of suitability of
associates of wageringlicensees(1)The
chief executive may investigate a business or executiveassociate of a wagering licensee to help the
Minister decidewhether the associate is a suitable person
to be associated witha wagering licensee’s
operations.(2)However,thechiefexecutivemayinvestigateabusinessorexecutive associate of a wagering licensee
only if—Page 34Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 39](a)the
Minister reasonably suspects the associate is not asuitablepersontobeassociatedwithawageringlicensee’s
operations; or(b)theinvestigationismadeunderanauditprogramforbusiness and executive associates of
wagering licenseesapproved by the Minister; or(c)forapersonwhobecameabusinessorexecutiveassociate of the
wagering licensee after the issue of thewageringlicence—theassociatehasnotbeeninvestigatedpreviouslyunderanauditprogrammentioned in paragraph (b); or(d)the associate—(i)wasabusinessorexecutiveassociateofthelicensee when
the licensee applied for the licence;and(ii)has not been
investigated under section 24(2).(3)Also, a business or executive associate of a
wagering licenseemay be investigated under an audit program
only if there hasnot been an investigation of the associate
under the programwithin the preceding 2 years.39Investigation of suitability of
associates of permit holders(1)The
chief executive may investigate a business or executiveassociateofapermitholdertohelptheMinisterdecidewhether the associate is a suitable person
to be associated witha permit holder’s operations.(2)However,thechiefexecutivemayinvestigateabusinessorexecutive associate of a permit holder only
if—(a)the Minister reasonably suspects the
associate is not asuitable person to be associated with a
permit holder’soperations; or(b)theinvestigationismadeunderanauditprogramforbusinessandexecutiveassociatesofpermitholdersapproved by the Minister; orCurrent as at [Not applicable]Page
35
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authorities[s 40](c)forapersonwhobecameabusinessorexecutiveassociateofthepermitholderaftertheissueoftheoncourse wagering permit—the associate
has not beeninvestigatedpreviouslyunderanauditprogrammentioned in paragraph (b).(3)Also, a business or executive
associate of a permit holder maybe investigated
under an audit program only if there has notbeenaninvestigationoftheassociateundertheprogramwithin the
preceding 2 years.40Requirement to give information or
document forinvestigation(1)In
investigating an authority holder, or business or executiveassociate of an authority holder, the chief
executive may, bywritten notice given to the person, require
the person to givethechiefexecutiveinformationoradocumentthechiefexecutive
considers relevant to the investigation.(2)When
making the requirement, the chief executive must warnthepersonitisanoffencetofailtocomplywiththerequirement, unless the person has a
reasonable excuse.41Failure to give information or
document for investigation(1)Apersonofwhomarequirementismadeundersection 40mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)It
is a reasonable excuse for the person not to comply with therequirement if complying with the
requirement might tend toincriminate the person.(3)The person does not commit an offence
against this section ifthe information or document sought by
the chief executive isnot in fact relevant to the
investigation.Page 36Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 4 Wagering
authorities[s 42]42Criminal history report for
investigation(1)Ifthechiefexecutiveininvestigatingapersonundersection 37,38or39asksthecommissionerofthepoliceservice 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)relevantinformationthecommissionercanreasonablyobtain by asking
officials administering police servicesin other
Australian jurisdictions; and(c)otherrelevantinformationtowhichthecommissionerhas
access.Division 5Suspension and
cancellation ofwagering authorities43Grounds for suspension or
cancellation(1)A ground for suspending or cancelling
a wagering authorityexists if the authority holder—(a)is not a suitable person to hold a
wagering authority ofthe kind held by the holder; or(b)is convicted of an offence against
this Act or a gamingAct; or(c)is
convicted of an indictable offence; or(d)contravenes a provision of this Act (being a
provision acontraventionofwhichisnotanoffenceagainstthisAct); or(e)contravenes a condition of the authority;
or(f)fails to discharge the holder’s
financial commitments forthe holder’s operations; orCurrent as at [Not applicable]Page
37
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authorities[s 44](g)isaffectedbybankruptcyaction,orbycontrolactionunder the
Corporations Act.(2)Also,agroundforsuspendingorcancellingawageringauthority exists
if—(a)the authority was issued because of a
materially false ormisleading representation or declaration;
or(b)forawageringlicence—abusinessorexecutiveassociateofthewageringlicenseeisnotasuitablepersontobeassociatedwithawageringlicensee’soperations;
or(c)foranoncoursewageringpermit—abusinessorexecutive associate of the permit
holder is not a suitablepersontobeassociatedwithapermitholder’soperations.(3)Forsubsection (1)(g),anauthorityholderisaffectedbybankruptcy action if the holder—(a)is bankrupt; or(b)has
compounded with creditors; or(c)has
otherwise taken, or applied to take, advantage of anylaw
about bankruptcy.(4)Forsubsection
(1)(g),anauthorityholderisaffectedbycontrol action under the Corporations Act if
the holder—(a)has executed a deed of company
arrangement under thatAct; or(b)isthesubjectofawinding-up(whethervoluntarilyorunder a court order) under that Act;
or(c)isthesubjectofanappointmentofanadministrator,liquidator,
receiver or receiver and manager under thatAct.44Show cause notice(1)This
section applies if the Minister believes—Page 38Current as at [Not applicable]
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authorities[s 45](a)agroundexiststosuspendorcancelawageringauthority;
and(b)the act, omission or other thing
forming the ground is ofa serious and fundamental nature;
and(c)either—(i)the
integrity of the conduct of authorised wageringunder the
wagering authority may be jeopardisedin a material
way; or(ii)the public
interest may be affected in an adverseand material
way.(2)The Minister must give the authority
holder a written notice (ashow cause notice)—(a)statingtheaction(theproposedaction)theMinisterproposes taking under this division;
and(b)stating the grounds for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the grounds; and(d)iftheproposedactionissuspensionofthewageringauthority—stating the proposed suspension
period; and(e)invitingtheauthorityholdertoshowwithinastatedperiod
(theshow cause period) why the
proposed actionshould not be taken.(3)The
show cause period must be a period ending at least 21daysaftertheshowcausenoticeisgiventotheauthorityholder.(4)Theauthorityholdermaymakerepresentationsabouttheshow cause notice to the Minister in
the show cause period.45Involvement of
interested persons in show cause process(1)The
Minister must promptly give a copy of the show causenoticetoeachperson(aninterestedperson)theMinisterconsidershasaninterestinthewageringauthorityiftheMinister
considers—Current as at [Not applicable]Page
39
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authorities[s 46](a)the
person’s interest may be affected adversely by thesuspension or cancellation of the authority;
and(b)it is otherwise appropriate in the
circumstances to give acopy of the notice to the
person.(2)In considering whether it is
appropriate to give a copy of theshow cause
notice to an interested person, the issues to whichthe
Minister may have regard include the following—(a)the
nature of the interested person’s interest;(b)whethertheauthorityholder’sinterestmaybeimproperly prejudiced.(3)An interested person to whom a copy of
the show cause noticeisgivenmaymakerepresentationsaboutthenoticetotheMinister in the show cause
period.46Consideration of
representationsTheMinistermustconsiderallwrittenrepresentations(theacceptedrepresentations)madeintheshowcauseperiodby—(a)the authority holder; or(b)an interested person to whom a copy of
the show causenotice was given.47Ending show cause process without further
action(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisternolongerbelievesagroundexiststosuspendorcancelthewagering authority.(2)The
Minister must not take any further action about the showcause notice.(3)Notice that no further action about the show
cause notice is tobe taken must be given by the Minister
to—(a)the authority holder; andPage
40Current as at [Not applicable]
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authorities[s 48](b)eachinterestedpersontowhomacopyoftheshowcause notice was
given.48Censuring authority holder(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisterstillbelievesagroundexiststosuspendorcancelthewageringauthority
but—(a)doesnotbelievesuspensionorcancellationoftheauthority is warranted; and(b)does not consider it is appropriate to
take action undersection 49.(2)This
section also applies if the Minister has not given a showcause notice to the authority holder
but—(a)believesagroundexiststosuspendorcancelthewagering authority; and(b)doesnotbelievethegivingofashowcausenoticeiswarranted.(3)TheMinistermay,bywrittennoticegiventotheauthorityholder, censure
the holder for a matter relating to the groundfor suspension
or cancellation.49Direction to rectify(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisterstillbelievesagroundexiststosuspendorcancelthewageringauthority but
considers—(a)amatterrelatingtothegroundforsuspensionorcancellationisreasonablycapableofbeingrectified;and(b)thatitisappropriatetogivetheauthorityholderanopportunity to rectify the
matter.Current as at [Not applicable]Page
41
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authorities[s 50](2)This
section also applies if the Minister has not given a showcause notice to the authority holder
and—(a)theMinisterbelievesagroundexiststosuspendorcancel the wagering authority; and(b)the Minister considers—(i)amatterrelatingtothegroundforsuspensionorcancellationisreasonablycapableofbeingrectified;
and(ii)that it is
appropriate to give the authority holder anopportunity to
rectify the matter without giving ashow cause
notice; and(c)the authority holder has been
given—(i)written notice that the Minister
proposes to give adirection under this section; and(ii)areasonableopportunitytomakerepresentationsabout the
proposed direction.(3)However, this section applies because
of subsection (1) only iftheMinisterdoesnothavethebeliefmentionedinsection 50(1).(4)TheMinistermay,bywrittennoticegiventotheauthorityholder, direct
the holder to rectify the matter within the periodstated in the notice.(5)Theperiodstatedinthenoticemustbereasonable,havingregard to the nature of the matter to be
rectified.50Notice by Minister to Governor in
Council(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisterstillbelieves—(a)agroundexiststosuspendorcancelthewageringauthority;
and(b)the act, omission or other thing
constituting the groundis of a serious and fundamental
nature; andPage 42Current as at
[Not applicable]
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authorities[s 51](c)either—(i)the
integrity of the conduct of authorised wageringunder the
wagering authority may be jeopardisedin a material
way; or(ii)the public
interest may be affected in an adverseand material
way.(2)This section also applies if—(a)there are no accepted representations
for the show causenotice; or(b)a
direction to rectify a matter is given to the authorityholder under section 49 and the holder fails
to complywith the direction within the period stated
in the relevantnotice.(3)TheMinistermustgivetotheGovernorinCouncilwrittennotice of the Minister’s belief under
subsection (1), or of thematter mentioned in subsection (2),
together with—(a)a copy of the show cause notice;
and(b)copiesofanyacceptedrepresentationsfortheshowcause
notice.51Suspension, cancellation and
appointment ofadministrator(1)After receiving the notice from the Minister
under section 50,the Governor in Council may—(a)if the proposed action stated in the
show cause noticewastosuspendthewageringauthorityforastatedperiod—suspendtheauthorityfornotlongerthanthestated period; or(b)if
the proposed action stated in the show cause noticewas
to cancel the wagering authority—(i)suspend the authority for a period;
or(ii)cancel the
authority; orCurrent as at [Not applicable]Page
43
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authorities[s 52](iii)appoint an administrator to conduct the
operationsof the authority holder under the
authority.(2)TheMinistermustpromptlygivewrittennoticeofthedecision of the Governor in Council
to—(a)the authority holder; and(b)eachinterestedpersontowhomacopyoftheshowcause notice was
given.(3)The decision takes effect—(a)on the day the notice is given to the
authority holder; or(b)if a later day
of effect is stated in the notice—on the laterday.(4)If the wagering authority is
cancelled, the person who held theauthoritymust,within14daysafterreceivingnoticeofthedecision, return
the authority to the chief executive.Maximum penalty
for subsection (4)—200 penalty units or 1year’s
imprisonment.52Immediate suspension of authority by
Minister(1)The Minister may suspend a wagering
authority immediatelyif the Minister believes—(a)a ground exists to suspend or cancel
the authority; and(b)thecircumstancesaresoextraordinarythatitisimperativetosuspendtheauthorityimmediatelytoensure—(i)the
integrity of the conduct of authorised wageringunder the
wagering authority is not jeopardised in amaterial way;
or(ii)the public
interest is not affected in an adverse andmaterial
way.(2)The suspension—Page 44Current as at [Not applicable]
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authorities[s 53](a)must
be effected by written notice (asuspension
notice)given to the authority holder with a
show cause notice;and(b)operatesimmediatelythesuspensionnoticeisgiven;and(c)continuestooperateuntiltheshowcausenoticeisfinally dealt with.53Terms
of appointment, and role, of administrator(1)ThissectionappliestoanadministratorappointedbytheGovernor in
Council to conduct operations under a wageringauthority.(2)ForanymatternotprovidedforunderthisAct,theadministrator holds office on terms decided
by the Governorin Council.(3)The
administrator—(a)has full control of, and
responsibility for, the operationsoftheauthorityholderconductedunderthewageringauthority
(including operations relating to anything thathadbeenstartedbutnotfinishedatthetimeoftheadministrator’s
appointment); and(b)subject to any directions by the
Minister, must conducttheoperationsasrequiredbythisActasiftheadministrator were the authority
holder.(4)The costs of and incidental to the
conduct and administrationof an authority holder’s operations by
an administrator underthis section (thecosts of
administration) are payable by theauthority
holder.(5)Any profits derived from the conduct
of the authority holder’soperations by the administrator are,
after payment of the costsof administration, to be paid to the
authority holder.(6)Thissectionandsection 51(1)(b)(iii)applydespitetheCorporations Act.Current as at
[Not applicable]Page 45
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authorities[s 54]54Cancellation or reduction of period of
suspension(1)AtanytimeasuspensionofawageringauthoritybytheGovernor in
Council is in force, the Governor in Council may,for
the remaining period of suspension—(a)cancel the period; or(b)reduce the period by a stated period.(2)TheMinistermustpromptlygivewrittennoticeofthedecision of the Governor in Council
to—(a)the authority holder; and(b)eachinterestedpersontowhomacopyoftheshowcause notice was
given.55Notice to interested persons of
decisions(1)This section applies if the
Minister—(a)censures the authority holder under
section 48; or(b)directstheauthorityholdertorectifyamatterundersection 49; or(c)suspends the wagering authority under
section 52.(2)TheMinistermustpromptlygivewrittennoticeofthedecision to each interested person to
whom a copy of the showcause notice was given.Division 6Approved events
and contingencies56Application for approval of events or
contingencies(1)AsportswageringlicenseemayapplytotheMinisterforapproval to conduct wagering on—(a)an event or contingency; or(b)a class of events or
contingencies.(2)The application must—Page
46Current as at [Not applicable]
Wagering Act 1998Part 4 Wagering
authorities[s 57](a)be
in writing; and(b)describe the event or contingency or
class of events orcontingencies for which approval is
sought.Notauthorised—indicativeonly57Decision on application(1)TheMinistermustconsideranapplicationundersection 56and either give,
or refuse to give, the approval sought by theapplication.(2)An
approval must not relate to—(a)aneventorcontingencyforwhicharacewageringlicence has been, or may be, issued;
or(b)a sporting event or
contingency.(3)Anapprovalmayrelatetoaneventorcontingencyinoroutside Australia.(4)TheMinistermustnotgiveanapprovalforaneventorcontingency the Minister considers to be
offensive or contraryto the public interest.58Conditions of approval(1)The Minister may give an approval for
this division—(a)onconditionstheMinisterconsidersnecessaryordesirable for the proper conduct of the
wagering underthe sports wagering licence; or(b)on other conditions the Minister
considers necessary ordesirable in the public
interest.(2)A condition under subsection (1) is
taken to be a condition ofthe sports wagering licence.59Notice of decision(1)If
the Minister gives an approval for this division, the
Ministermustgivethesportswageringlicenseeawrittennoticestating—Current as at
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authorities[s 60](a)the
decision; and(b)any conditions of the approval.(2)The notice also may state the period
for which the approvalremains in force.(3)If
the Minister refuses to give an approval, the Minister mustgive
the sports wagering licensee a written notice stating thedecision and the reasons for the
decision.60Period of approvalAn approval
remains in force—(a)ifaperiodisstatedinthenoticementionedinsection 59—for the period stated;
or(b)if no period is stated in the
notice—until the approval iswithdrawn.61Withdrawal of approval(1)TheMinistermay,foranyreasontheMinisterconsidersappropriate, withdraw an approval given
under section 57.(2)However,anapprovalmaybewithdrawnonlyiftheMinister—(a)hasgiventhesportswageringlicenseeareasonableopportunity to
be heard or to make representations onthe proposed
withdrawal; and(b)has considered any representations
made by the licenseeintheprocesscarriedoutbytheMinisterunderparagraph (a).(3)The
withdrawal must be made by written notice, stating thereasons for the decision, given to the
sports wagering licensee.(4)The decision
takes effect—(a)onthedaythenoticeisgiventothesportswageringlicensee; orPage 48Current as at [Not applicable]
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managers[s 62](b)if a
later day of effect is stated in the notice—on the laterday.Part 5Wagering managersDivision 1Suitability of persons62Suitability of involved persons(1)This section applies to the Minister
in deciding whether—(a)a proposed
wagering manager (theinvolved person) is asuitable person to be a wagering manager;
or(b)awageringmanager(alsotheinvolvedperson)isasuitable person to be a wagering
manager.(2)The Minister may have regard to the
following matters—(a)the involved person’s business
reputation;(b)theinvolvedperson’scurrentfinancialpositionandfinancial background;(c)whether the person has, or has
arranged, a satisfactoryownership, trust or corporate
structure;(d)whethertheinvolvedpersonhas,orisabletoobtain,financial
resources the Minister considers to be adequateto ensure the
financial viability of a wagering manager’soperations;(e)whethertheinvolvedpersonhastheappropriatebusinessability,knowledgeorexperiencetosuccessfully conduct operations as a
wagering manager;(f)whether the involved person has, or is
able to obtain, theservicesofpersonswithappropriatebusinessability,knowledge or
experience to enable the involved persontosuccessfullyconductoperationsasawageringmanager;Current as at [Not applicable]Page
49
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managers[s 63](g)iftheinvolvedpersonhasabusinessassociationwithanother entity—(i)the
entity’s character or business reputation; and(ii)the
entity’s current financial position and financialbackground;(h)anything else prescribed under a
regulation.63Suitability of associates(1)This section applies to the Minister
in deciding whether—(a)a business or
executive associate of a proposed wageringmanagerisasuitablepersontobeassociatedwithawagering manager’s operations;
or(b)a business or executive associate of a
wagering managerisasuitablepersontobeassociatedwithawageringmanager’s
operations.(2)The Minister may have regard to the
following matters—(a)the associate’s character or business
reputation;(b)theassociate’scurrentfinancialpositionandfinancialbackground;(c)if
the associate has a business association with anotherentity—(i)the
entity’s character or business reputation; and(ii)the
entity’s current financial position and financialbackground;(d)anything else prescribed under a
regulation.64Other matters about suitabilitySections 62 and 63 do not limit the matters
the Minister mayhave regard to in deciding matters to which
the sections relate.Page 50Current as at
[Not applicable]
Division 2Wagering Act
1998Part 5 Wagering managers[s 65]Appointment of wagering managersNotauthorised—indicativeonly65Appointment(1)A
wagering licensee may appoint a person to manage some orall
the operations relating to authorised wagering conductedunder the wagering licence.(2)However,awageringlicenseemayappointapersonaswagering manager—(a)only
with the approval of the Minister; and(b)only
if the person is a corporation.66Application for approvalAn application
for approval to appoint a person as wageringmanagermustbemadetotheMinisterinwritingbythewagering licensee.67Further information or documents to support
application(1)The Minister may, by written notice
given to an applicant foran approval, require the applicant to
give the Minister furtherinformationoradocumentabouttheapplicationwithinthereasonable time stated in the
notice.(2)The requirement must relate to
information or a document thatisnecessaryandreasonabletohelptheMinisterdecidetheapplication.68Consideration of application(1)The Minister must consider an
application for an approval andeither give, or
refuse to give, the approval.(2)However, the Minister is not required to
decide an applicationif—(a)theMinisterhasgiventheapplicantanoticeundersection 67requiringtheapplicanttogivetheMinisterCurrent as at
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managers[s 69]further
information or a document about the application;and(b)the applicant
has failed, without reasonable excuse, tocomply with the
requirement within the time stated inthe
notice.(3)The Minister may approve the
appointment of a person as awagering manager
only if the Minister is satisfied—(a)thepersonisasuitablepersontobeawageringmanager;
and(b)each business and executive associate
of the person is asuitablepersontobeassociatedwithawageringmanager’s
operations.(4)The Minister must promptly give the
applicant written noticeof the Minister’s decision.69Investigation of suitability of
persons(1)Thechiefexecutivemayinvestigateaproposedwageringmanager to help the Minister decide whether
the person is asuitable person to be a wagering
manager.(2)The chief executive may investigate a
business or executiveassociateofaproposedwageringmanagertohelptheMinister decide whether the associate is a
suitable person tobe associated with a wagering manager’s
operations.70Criminal history reports for
investigations(1)Ifthechiefexecutiveininvestigatingapersonundersection 69 asks the commissioner of the
police service for awrittenreportontheperson’scriminalhistory,thecommissioner must give the report to
the chief executive.(2)The report is to
contain—(a)relevant information in the
commissioner’s possession;andPage 52Current as at [Not applicable]
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managers[s 71](b)relevantinformationthecommissionercanreasonablyobtain by asking
officials administering police servicesin other
Australian jurisdictions; and(c)otherrelevantinformationtowhichthecommissionerhas
access.Division 3Wagering
management agreements71Meaning ofwagering management agreementAwageringmanagementagreementisanagreementbetween a wagering licensee and another
person—(a)appointing the other person as a
wagering manager forsomeoralltheoperationsrelatingtoauthorisedwagering
conducted under the wagering licence; and(b)dealing with the wagering manager’s
authority; and(c)statingtheconditionsunderwhichthewageringmanager acts as,
and remains, a wagering manager forthe wagering
licensee; and(d)statingothermattersagreedbetweenthewageringmanager and
wagering licensee.72Entering into wagering management
agreementAwageringlicenseemustnotenterintoawageringmanagementagreementwithoutthewrittenapprovaloftheMinister.Maximum penalty—40 penalty units.73Amendment of wagering management
agreementAwageringmanagementagreementmaybeamendedonlywith the written
approval of the Minister.Current as at [Not applicable]Page
53
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managers[s 74]74Approvals for wagering management
agreements(1)A wagering licensee may apply to the
Minister for approval toenter into, or amend, a wagering
management agreement.(2)An application
must—(a)be in writing; and(b)be
accompanied by a copy of the proposed agreement oramendment.(3)The
Minister must consider an application for approval andeither give, or refuse to give, the
approval.(4)However, the Minister may refuse to
give an approval only ifthe Minister reasonably believes it is
necessary to refuse theapproval—(a)in
the public interest; or(b)to protect
proper standards of integrity in the conduct ofapproved
wagering.(5)TheMinistermustpromptlygivethewageringlicenseewritten notice of the Minister’s
decision.Division 4Investigation of
wagering managersand associates75Audit
programs(1)The Minister may approve audit
programs for investigating—(a)wagering managers; and(b)business or executive associates of wagering
managers.(2)Thechiefexecutiveisresponsibleforensuringaninvestigationofapersonunderarelevantapprovedauditprogram is
conducted in accordance with the program.Page 54Current as at [Not applicable]
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managers[s 76]76Investigation of suitability of wagering
managers(1)The chief executive may investigate a
wagering manager tohelptheMinisterdecidewhetherthemanagerisasuitableperson to be a
wagering manager.(2)However,thechiefexecutivemayinvestigateawageringmanager only
if—(a)theMinisterreasonablysuspectsthemanagerisnotasuitable person
to be a wagering manager; or(b)theinvestigationismadeunderanauditprogramforwagering managers approved by the
Minister.(3)Also, a wagering manager may be
investigated under an auditprogramonlyiftherehasnotbeenaninvestigationofthemanager under the program within the
preceding 2 years.77Investigation of suitability of
associates of wageringmanagers(1)The
chief executive may investigate a business or executiveassociate of a wagering manager to help the
Minister decidewhether the associate is a suitable person
to be associated witha wagering manager’s
operations.(2)However,thechiefexecutivemayinvestigateabusinessorexecutive associate of a wagering manager
only if—(a)the Minister reasonably suspects the
associate is not asuitablepersontobeassociatedwithawageringmanager’s
operations; or(b)theinvestigationismadeunderanauditprogramforbusiness and executive associates of
wagering managersapproved by the Minister; or(c)forapersonwhobecameabusinessorexecutiveassociate of the
wagering manager after the manager’sappointment—theassociatehasnotbeeninvestigatedpreviouslyunderanauditprogrammentionedinparagraph (b).Current as at
[Not applicable]Page 55
Wagering Act 1998Part 5 Wagering
managers[s 78](3)Also, a business or executive associate of a
wagering managermay be investigated under an audit program
only if there hasnot been an investigation of the associate
under the programwithin the preceding 2 years.Notauthorised—indicativeonly78Requirement to
give information or document forinvestigation(1)In
investigating a wagering manager, or business or executiveassociate of a wagering manager, the chief
executive may, bywritten notice given to the person, require
the person to givethechiefexecutiveinformationoradocumentthechiefexecutive
considers relevant to the investigation.(2)When
making the requirement, the chief executive must warnthepersonitisanoffencetofailtocomplywiththerequirement, unless the person has a
reasonable excuse.79Failure to give information or
document for investigation(1)Apersonofwhomarequirementismadeundersection 78mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)It
is a reasonable excuse for the person not to comply with therequirement if complying with the
requirement might tend toincriminate the person.(3)The person does not commit an offence
against this section ifthe information or document sought by
the chief executive isnot in fact relevant to the
investigation.80Criminal history report for
investigation(1)Ifthechiefexecutiveininvestigatingapersonundersection 76 or 77 asks the commissioner of
the police serviceforawrittenreportontheperson’scriminalhistory,thecommissioner must give the report to the
chief executive.Page 56Current as at
[Not applicable]
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managers[s 81](2)The
report is to contain—(a)relevant
information in the commissioner’s possession;and(b)relevantinformationthecommissionercanreasonablyobtain by asking
officials administering police servicesin other
Australian jurisdictions; and(c)otherrelevantinformationtowhichthecommissionerhas
access.Division 5Terminating
wagering managementagreements81Grounds for directing termination(1)Agroundfordirectingtheterminationofawageringmanagement
agreement exists if the wagering manager—(a)is
not a suitable person to be a wagering manager; or(b)is convicted of an offence against
this Act or a gamingAct; or(c)is
convicted of an indictable offence; or(d)contravenes a provision of this Act (being a
provision acontraventionofwhichisnotanoffenceagainstthisAct); or(e)fails to discharge the manager’s financial
commitmentsfor the manager’s operations; or(f)is affected by control action under
the Corporations Act.(2)Also,agroundfordirectingtheterminationofawageringmanagement
agreement exists if—(a)the approval of
the Minister for the wagering manager’sappointment, or
the entering into of the agreement, wasgivenbecauseofamateriallyfalseormisleadingrepresentation
or declaration; orCurrent as at [Not applicable]Page
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managers[s 82](b)abusinessorexecutiveassociateofthewageringmanager is not a suitable person to be
associated with awagering manager’s operations.(3)Forsubsection
(1)(f),awageringmanagerisaffectedbycontrol action under the Corporations Act if
the manager—(a)has executed a deed of company
arrangement under thatAct; or(b)isthesubjectofawinding-up(whethervoluntarilyorunder a court order) under that Act;
or(c)isthesubjectofanappointmentofanadministrator,liquidator,
receiver or receiver and manager under thatAct.82Show cause notice(1)This
section applies if the Minister believes—(a)agroundexistsfordirectingtheterminationofawagering management agreement;
and(b)the act, omission or other thing
constituting the groundis of a serious and fundamental
nature; and(c)either—(i)the
integrity of the conduct of authorised wageringundertherelevantwageringlicencemaybejeopardised in a material way;
or(ii)the public
interest may be affected in an adverseand material
way.(2)The Minister must give the wagering
manager a written notice(ashow cause
notice)—(a)statingtheMinisterproposestotakeaction(theproposedaction)todirectthewageringlicenseetoterminate the wagering management
agreement; and(b)stating the grounds for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the grounds; andPage 58Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 5 Wagering
managers[s 83](d)inviting the wagering manager to show within
a statedperiod (theshow cause
period) why the proposed actionshould not be taken.(3)The
show cause period must be a period ending at least 21daysaftertheshowcausenoticeisgiventothewageringmanager.(4)The Minister must promptly give a copy
of the show causenotice to the wagering licensee.83Representations about show cause
notice(1)Thewageringmanager,andwageringlicenseetowhomacopyoftheshowcausenoticeisgiven,maymakerepresentations
about the show cause notice to the Minister inthe show cause
period.(2)TheMinistermustconsiderallwrittenrepresentations(theaccepted representations) made under
subsection (1).84Ending show cause process without
further action(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisternolonger believes a ground exists to direct
the termination of thewagering management agreement.(2)The Minister must not take any further
action about the showcause notice.(3)Notice that no further action about the show
cause notice is tobetakenmustbegivenbytheMinistertothewageringmanager and
licensee.85Censuring wagering manager(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisterstillbelievesagroundexiststodirecttheterminationofthewagering management agreement
but—Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyWagering Act 1998Part 5 Wagering
managers[s 86](a)doesnotbelieveterminationoftheagreementiswarranted; and(b)does
not consider it is appropriate to take action undersection 86.(2)This
section also applies if the Minister has not given a showcause notice to the wagering manager
but—(a)believes a ground exists to direct the
termination of thewagering management agreement; and(b)doesnotbelievethegivingofashowcausenoticeiswarranted.(3)TheMinistermay,bywrittennoticegiventothewageringmanager,censurethemanagerforamatterrelatingtotheground for
directing the termination of the agreement.86Direction to rectify(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisterstillbelievesagroundexiststodirecttheterminationofthewagering management agreement but
considers—(a)a matter relating to the ground is
reasonably capable ofbeing rectified; and(b)that it is appropriate to give the
wagering manager anopportunity to rectify the matter.(2)This section also applies if the
Minister has not given a showcause notice to
the wagering manager and—(a)theMinisterbelievesagroundexiststodirecttheterminationofthewageringmanagementagreement;and(b)the Minister considers—(i)amatterrelatingtothegroundisreasonablycapable of being
rectified; andPage 60Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 5 Wagering
managers[s 87](ii)that
it is appropriate to give the wagering manageran opportunity
to rectify the matter without givinga show cause
notice; and(c)the wagering manager and wagering
licensee have beengiven—(i)written notice that the Minister proposes to
give adirection under this section; and(ii)areasonableopportunitytomakerepresentationsabout the
proposed direction.(3)However, this section applies because
of subsection (1) only ifthe Minister does not have the belief
mentioned in section 87.(4)TheMinistermay,bywrittennoticegiventothewageringmanager, direct
the manager to rectify the matter within theperiod stated in
the notice.(5)Theperiodstatedinthenoticemustbereasonable,havingregard to the nature of the matter to be
rectified.87Direction to terminate
agreement(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisterstillbelieves—(a)a
ground exists to direct the termination of the wageringmanagement agreement; and(b)the act, omission or other thing
constituting the groundis of a serious and fundamental
nature; and(c)either—(i)the
integrity of the conduct of authorised wageringundertherelevantwageringlicencemaybejeopardised in a material way;
or(ii)the public
interest may be affected in an adverseand material
way.(2)This section also applies if—Current as at [Not applicable]Page
61
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managers[s 88](a)there are no accepted representations for
the show causenotice; or(b)a
direction to rectify a matter is given to the wageringmanagerundersection 86andthemanagerfailstocomply with the direction within the
period stated in therelevant notice.(3)TheMinistermay,bywrittennoticegiventothewageringlicensee,directthelicenseetoterminatethewageringmanagement
agreement within the time stated in the notice.(4)IftheMinistergivesadirectionunderthissection,theMinister must promptly give a copy of
the relevant notice tothe wagering manager.88Termination of agreement on
direction(1)IftheMinisterdirectsawageringlicenseetoterminateawagering management agreement, the licensee
must—(a)terminatetheagreementwithinthetimestatedintherelevant notice;
and(b)notifythechiefexecutiveoftheterminationintheapprovedformwithin7daysafterterminatingtheagreement.(2)Ifthewageringlicenseedoesnotterminatethewageringmanagementagreementasrequiredbysubsection (1),theagreement is terminated by this Act.(3)TheStatedoesnotincuranyliabilityifawageringmanagement
agreement is terminated by a wagering licenseeunder subsection
(1) or by this Act.(4)A wagering licensee does not incur any
liability because thelicensee terminates a wagering
management agreement undersubsection (1).Page 62Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 5 Wagering
managers[s 89]89Termination of agreement without
direction(1)This section applies if a wagering
management agreement isterminated otherwise than because of a
direction to terminatethe agreement given to the wagering
licensee by the Minister.(2)Thewageringlicenseemustnotifythechiefexecutiveinwriting of the termination within 7
days after the agreement isterminated.Maximum penalty
for subsection (2)—40 penalty units.90Suspending wagering manager’s
operations(1)The Minister may suspend the wagering
manager’s operationsimmediately if the Minister
believes—(a)a ground exists to direct the
termination of the wageringmanagement
agreement; and(b)thecircumstancesaresoextraordinarythatitisimperative to
suspend the operations to ensure—(i)the
integrity of the conduct of authorised wageringundertherelevantwageringlicenceisnotjeopardised in a material way;
or(ii)the public
interest is not affected in an adverse andmaterial
way.(2)The suspension—(a)must
be effected by written notice (asuspension
notice)giventothewageringmanagerwithashowcausenotice; and(b)operatesimmediatelythesuspensionnoticeisgiven;and(c)continuestooperateuntiltheshowcausenoticeisfinally dealt with.(3)A
wagering manager must not carry on operations while themanager’s operations are suspended.Maximum penalty for subsection (3)—200
penalty units or 2years imprisonment.Current as at
[Not applicable]Page 63
Notauthorised—indicativeonlyWagering Act 1998Part 6 Status of
certain decisions[s 91]91Notice to wagering licensee of
decisions(1)This section applies if the
Minister—(a)censures the wagering manager under
section 85; or(b)directs the wagering manager to
rectify a matter undersection 86; or(c)suspendsthewageringmanager’soperationsundersection 90.(2)TheMinistermustpromptlygivewrittennoticeofthedecision to the
wagering licensee.Part 6Status of
certain decisions92Definition for partIn
this part—decisionincludes—(a)conduct engaged in to make a decision;
and(b)conduct related to making a decision;
and(c)failure to make a decision.93Application of part(1)This part applies to a decision of the
Governor in Council orMinister made, or appearing to be
made, under this Act aboutor affecting—(a)awageringauthority,wageringmanagerorwageringmanagement
agreement; or(b)a person with an interest or potential
interest in—(i)a wagering authority; or(ii)the appointment
of a wagering manager; or(iii)a wagering
management agreement.Page 64Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 94](2)The decisions to which this part
applies include, but are notlimited
to—(a)adecisionoftheGovernorinCouncilmentionedinschedule 1, part 1; and(b)a decision of the Minister mentioned
in schedule 1, part2.94Certain decisions
not to be justiciableA decision to which this part
applies—(a)is final and conclusive; and(b)cannotbechallenged,appealedagainst,reviewed,quashed, set aside, or called in question in
another way,undertheJudicialReviewAct1991orotherwise(whether by the
Supreme Court, another court, a tribunalor 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.Part 7Key employees
and operatorsfor authority operatorsDivision 1Licensing requirements for keyemployees95Meaning ofkey
employee(1)Awageringemployeeisakeyemployeeofanauthorityoperator if the employee—(a)occupies or acts in a managerial
position, or carries outmanagerialfunctions,inrelationtoanyoperationsconducted under
the relevant wagering authority; orCurrent as at
[Not applicable]Page 65
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 96](b)is in a position to affect or
significantly influence anyoperationsconductedundertherelevantwageringauthority; or(c)occupies or acts in a position designated in
the authorityoperator’s control system as a key
position.(2)Subsection (1)(a) applies to a
position only if the position isdesignated by
the chief executive as a key position.(3)Subsection (1)(a) applies to functions only
if the functions aredesignated by the chief executive as
key functions.(4)Subsection (1)(b) applies to an
employee only if the employeeis designated by
the chief executive as being in a key position.(5)A
designation of the chief executive for subsection (2), (3)
or(4)mustbemadebywrittennoticegiventotheauthorityoperator.96Requirement to be licensed
employeeApersonmustnotoccupyoractinthepositionofakeyemployee,orcarryoutthefunctionsofakeyemployee,inrelationtotheconductofoperationsunderawageringauthority unless
the person is a licensed employee.Maximum
penalty—40 penalty units.97Prohibition of
employment as key employees of personswho are not
licensed employeesAnauthorityoperatormustnotemployapersonasakeyemployee,ortocarryoutthefunctionsof
akeyemployee,unless the
person is a licensed employee.Maximum
penalty—40 penalty units.Page 66Current as at
[Not applicable]
Division 2Wagering Act
1998Part 7 Key employees and operators for
authority operators[s 98]Requirements
about key operatorsNotauthorised—indicativeonly98Meaning ofkey
operatorAkey operatoris a person
(other than a wagering employee)who—(a)isinapositiontocontrolorexercisesignificantinfluenceovertheconductofanauthorityoperator’soperations;
or(b)isassociatedwithanauthorityoperatorinawaythatenablesthepersontocontrolorexercisesignificantinfluenceovertheconductoftheauthorityoperator’soperations;
or(c)occupiesapositionorhasanassociationwithanauthority operator of a kind that
makes the person a keyoperator under criteria prescribed
under a regulation.99Requirement that key operator apply
for licence or endrole(1)If
the chief executive reasonably believes a person is a keyoperator, the chief executive may, by
written notice given tothe person, require the person either
to apply to be licensed asa key operator under a key person
licence, or to stop being akey operator,
within 7 days of receiving the notice.(2)Thepersonmustcomplywiththerequirement(thekeyoperator’s requirement)
within 7 days of receiving the notice,unless the
person has a reasonable excuse.Maximumpenalty—100penaltyunitsor1year’simprisonment.(3)Thechiefexecutivemustgiveacopyofthenoticetotherelevant authority operator.100Requirement that key operator end
role(1)This section applies if—Current as at [Not applicable]Page
67
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 101](a)a key operator’s requirement is made
of a person; and(b)the person complies with the
requirement by applying tobelicensedasakeyoperatorbutthechiefexecutiverefuses to grant the application.(2)Thechiefexecutivemay,bywrittennoticegiventotheperson, require the person to stop
being a key operator of theauthority
operator within the time stated in the notice.(3)The
person must comply with the requirement within the timestated in the notice, unless the person has
a reasonable excuse.Maximumpenalty—100penaltyunitsor1year’simprisonment.(4)A
person does not incur any liability because of action takento
comply with a requirement under this section.101Requirement to end key operator’s
role(1)This section applies if a key
operator’s requirement is made ofa person and
either—(a)the person fails to comply with the
requirement; or(b)the person complies with the
requirement by applying tobelicensedasakeyoperatorbutthechiefexecutiverefuses to grant the application.(2)Thechiefexecutivemay,bywrittennoticegiventotheauthorityoperatorforwhomthepersonisakeyoperator,require the authority operator to take any
necessary action toensure the person stops being a key operator
within the timestated in the notice.(3)The
authority operator must comply with the requirement.(4)This section applies to an authority
operator despite any otherAct or law.(5)An
authority operator does not incur any liability because ofaction taken to comply with a requirement
under this section.Page 68Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 3Wagering Act
1998Part 7 Key employees and operators for
authority operators[s 102]Applications
for, and issue of, keyperson licences102Application for licence(1)An
application for a key person licence must be made to thechief executive in the approved form.(2)The application must be accompanied
by—(a)if the applicant applies to be
licensed as an employee—awrittennoticefromanauthorityoperatortothechiefexecutive stating that the operator intends
to employ theapplicantasakeyemployeesubjecttotheapplicantbeing issued
with a key person licence; and(b)any
documents prescribed under a regulation; and(c)the
application fee prescribed under a regulation.103Further information or documents to support
application(1)Thechiefexecutivemay,bywrittennoticegiventoanapplicantforakeypersonlicence,requiretheapplicanttogivethechiefexecutivefurtherinformationoradocumentabout the
application within the reasonable time stated in thenotice.(2)The
requirement must relate to information or a document thatis
necessary and reasonable to help the chief executive decidethe
application.104Consideration of application(1)Thechiefexecutivemustconsideranapplicationforakeypersonlicenceandeithergrantorrefusetogranttheapplication.(2)Despitesubsection
(1),thechiefexecutiveisrequiredtoconsider an application only if the
applicant agrees to havingthe applicant’s photograph and
fingerprints taken.Current as at [Not applicable]Page
69
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 105](3)Also,despitesubsection (1),thechiefexecutiveisnotrequired to
decide an application if—(a)thechiefexecutivehasgiventheapplicantanoticeundersection 103requiringtheapplicanttogivethechief executive further information or a
document aboutthe application; and(b)the
applicant has failed, without reasonable excuse, tocomply with the requirement within the time
stated inthe notice.105Conditions for granting applicationThe
chief executive may grant an application for a key personlicence only if—(a)theapplicant’sphotographandfingerprintshavebeentaken;
and(b)the chief executive is satisfied the
applicant is a suitableperson to hold a key person
licence.Note—Criteria for
deciding a person’s suitability to hold a key personlicence are dealt with in section
113.106Investigation of suitability of
applicantThechiefexecutivemayinvestigateanapplicantforakeyperson licence
to help the chief executive decide whether theapplicant is a
suitable person to hold a key person licence.107Criminal history report for
investigation(1)If the chief executive in
investigating an applicant for a keyperson licence
asks the commissioner of the police service forawrittenreportontheapplicant’scriminalhistory,thecommissioner must give the report to the
chief executive.(2)The report is to contain—Page
70Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 108](a)relevant information in the
commissioner’s possession;and(b)relevantinformationthecommissionercanreasonablyobtainbyinquiryfromofficialsadministeringpoliceservices in other Australian jurisdictions;
and(c)otherrelevantinformationtowhichthecommissionerhas
access.108Decision on application(1)If the chief executive decides to
grant an application for a keyperson licence,
the chief executive must promptly—(a)issue a key person licence to the applicant;
and(b)givewrittennoticeoftheissueofthelicencetotherelevant authority operator.(2)If the chief executive decides to
refuse to grant an applicationfor a key person
licence, the chief executive must promptly—(a)givetheapplicantaninformationnoticeaboutthedecision; and(b)givewrittennoticeofthedecisiontotherelevantauthority
operator.109Conditions of licence(1)The chief executive may issue a key
person licence—(a)on conditions the chief executive
considers necessary ordesirable for the proper conduct of
approved wagering;and(b)onotherconditionsthechiefexecutiveconsidersnecessary or
desirable in the public interest.(2)If
the chief executive decides to issue a key person licence onconditions, the chief executive must
promptly—(a)givetheapplicantaninformationnoticeaboutthedecision; andCurrent as at
[Not applicable]Page 71
Wagering Act 1998Part 7 Key
employees and operators for authority operators[s 110](b)giveacopyofthenoticetotherelevantauthorityoperator.Notauthorised—indicativeonly110Form of
licence(1)A key person licence must be in the
approved form.(2)Theapprovedformmustprovidefortheinclusionofthefollowing—(a)the
name of the key person licensee;(b)a
recent photograph of the licensee;(c)the
date of issue of the licence;(d)whether the licensee is a licensed employee
or licensedas a key operator;(e)the
conditions of the licence;(f)any other
particulars prescribed under a regulation.111Term
of licenceA key person licence remains in force unless
it lapses or iscancelled or surrendered.112Lapsing of licence(1)Akeypersonlicencelapsesifthekeypersonlicenseeisalicensed
employee and—(a)attheendof1yearafterthelicencewasissued,thelicenseehasnotbeenemployed(whetherasakeyemployeeorinanothercapacity)byanauthorityoperator;
or(b)thelicenseeceasestobeemployedbyanauthorityoperator and is
not re-employed by the same or anotherauthority
operator within the following 3 months.(2)Akeypersonlicencelapsesifthekeypersonlicenseeislicensed as a key operator and ceases
to be a key operator.Page 72Current as at
[Not applicable]
Division 4Wagering Act
1998Part 7 Key employees and operators for
authority operators[s 113]Suitability of
personsNotauthorised—indicativeonly113Suitability of applicants and key
person licensees(1)This section applies to the chief
executive in deciding whetheran applicant for
a key person licence (theinvolved person) ora
key person licensee (also theinvolved
person) is a suitableperson to hold a
key person licence.(2)Thechiefexecutivemayhaveregardtothefollowingmatters—(a)the
involved person’s character;(b)theinvolvedperson’scurrentfinancialpositionandfinancial background;(c)theinvolvedperson’sgeneralsuitabilitytocarryoutfunctions as a key employee or to be a key
operator foran authority operator.Division 5Dealings affecting key personlicences114Changing conditions of licence(1)The chief executive may decide to
change the conditions of akeypersonlicenceifthechiefexecutiveconsidersitisnecessaryordesirabletomakethechangefortheproperconductofapprovedwageringorotherwiseinthepublicinterest.(2)Ifthechiefexecutivedecidestochangetheconditions,thechief executive must immediately—(a)give the key person licensee—(i)written notice of the changed
conditions; and(ii)an information
notice for the decision; and(b)if
the chief executive believes the key person licensee iscurrently an employee or key operator of an
authorityCurrent as at [Not applicable]Page
73
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 115]operator—give a copy of the information
notice to theauthority operator.(3)A
change of the conditions—(a)takes
effect—(i)on the day the information notice for
the change isgiven to the key person licensee; or(ii)if a later day
of effect is stated in the notice—onthe later day;
and(b)doesnotdependonthekeypersonlicencebeingamended to record the change, or a
replacement licencerecording the change being issued.(4)The power of the chief executive to
change the conditions of akey person licence includes the power
to add conditions to anunconditional licence.115Recording change of conditions(1)The key person licensee must return
the key person licence tothe chief executive within 7 days of
receiving the informationnoticenotifyingachangeofconditions,unlessthelicenseehas a reasonable
excuse.Maximum penalty—40 penalty units.(2)Onreceivingthekeypersonlicence,thechiefexecutivemust—(a)amend the licence in an appropriate way and
return theamended licence to the key person licensee;
or(b)if the chief executive does not
consider it practicable toamendthelicence—issueareplacementkeypersonlicence,
incorporating the changed conditions, to the keyperson licensee.Page 74Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 116]116Replacement of licence(1)A key person licensee may apply to the
chief executive for thereplacement of the key person licence
if the licence has beenlost, stolen, destroyed or
damaged.(2)The chief executive must consider an
application and eithergrant or refuse to grant the
application.(3)Thechiefexecutivemustgrantanapplicationifthechiefexecutiveissatisfiedthelicencehasbeenlost,stolenordestroyed, or damaged in a way to require
its replacement.(4)If the chief executive decides to
grant an application, the chiefexecutivemust,onpaymentofthefeeprescribedunderaregulation, issue another key person
licence to the applicant toreplace 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 aboutthe decision; and(b)if
the chief executive believes the key person licensee iscurrently an employee or key operator of an
authorityoperator—give a copy of the information
notice to theauthority operator.117Surrender of licence(1)A
key person licensee may surrender the key person licenceby
written notice given to the chief executive.(2)The
surrender takes effect—(a)on the day the
notice is given to the chief executive; or(b)if a
later day of effect is stated in the notice—on the laterday.(3)If
the chief executive believes the key person licensee was, atthe
time of the surrender, an employee or key operator of anauthorityoperator,thechiefexecutivemustpromptlygivewritten notice
of the surrender to the authority operator.Current as at
[Not applicable]Page 75
Wagering Act 1998Part 7 Key
employees and operators for authority operators[s 118]Division 6Investigation of
key personlicenseesNotauthorised—indicativeonly118Audit
program(1)Thechiefexecutivemayapproveanauditprogramforinvestigating key person
licensees.(2)Thechiefexecutiveisresponsibleforensuringaninvestigation of a key person licensee under
an approved auditprogram is conducted in accordance with the
program.119Investigation of suitability of key
person licensees(1)The chief executive may investigate a
key person licensee tohelpthechiefexecutivedecidewhetherthelicenseeisasuitable person to hold a key person
licence.Note—Criteria for
deciding a person’s suitability to hold a key person licenceare
dealt with in section 113.(2)However,thechiefexecutivemayinvestigateakeypersonlicensee only
if—(a)the chief executive reasonably
suspects the licensee isnot a suitable person to hold a key
person licence; or(b)the investigation is made under an
audit program for keyperson licensees approved by the chief
executive.(3)Also, a key person licensee may be
investigated under an auditprogramonlyiftherehasnotbeenaninvestigationofthelicensee under the program within the
preceding 2 years.120Requirement to give information or
document forinvestigation(1)Ininvestigatingakeypersonlicensee,thechiefexecutivemay,bywrittennoticegiventothelicensee,requirethelicensee to give the chief executive
information or a documentthe chief executive considers relevant
to the investigation.Page 76Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 121](2)When making the requirement, the chief
executive must warnthe key person licensee it is an offence to
fail to comply withthe requirement, unless the licensee has a
reasonable excuse.121Failure to give information or
document for investigation(1)A key person
licensee of whom a requirement is made undersection
120mustcomplywiththerequirement,unlessthelicensee has a reasonable
excuse.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)Itisareasonableexcuseforthekeyperson licenseenottocomplywiththerequirementifcomplyingwiththerequirement might tend to incriminate
the licensee.(3)The key person licensee does not
commit an offence againstthis section if the information or
document sought by the chiefexecutive is not
in fact relevant to the investigation.122Criminal history report for
investigation(1)If the chief executive in
investigating a key person licenseeunder section
119 asks the commissioner of the police serviceforawrittenreportonthelicensee’scriminalhistory,thecommissioner must give the report to the
chief executive.(2)The report is to contain—(a)relevant information in the
commissioner’s possession;and(b)relevantinformationthecommissionercanreasonablyobtain by asking
officials administering police servicesin other
Australian jurisdictions; and(c)otherrelevantinformationtowhichthecommissionerhas
access.Current as at [Not applicable]Page
77
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 123]Division 7Suspension and
cancellation of keyperson licences, and other actionby
chief executiveSubdivision 1Suspension and
cancellation123Grounds(1)Each
of the following is a ground for suspending or cancellinga
key person licensee’s key person licence—(a)the
key person licensee—(i)isnotasuitablepersontoholdakeypersonlicence;
or(ii)acts in a way
that is inappropriate for the conductof authorised
wagering; or(iii)contravenesaprovisionofthisAct,otherthanaprovisionacontraventionofwhichisanoffenceagainst this
Act; or(iv)contravenes a
condition of the licence;(b)the key person
licensee has a conviction, other than aspent
conviction, for—(i)an offence against this Act or a
gaming Act; or(ii)an indictable
offence;(c)thekeypersonlicencewasissuedbecauseofamateriallyfalseormisleadingrepresentationordocument.(2)Forformingabeliefthatthegroundmentionedinsubsection (1)(a)(i)exists,thechiefexecutivemayhaveregard to the
same matters to which the chief executive mayhaveregardundersection 113(2)indecidingwhetheranapplicant for a key person licence is
a suitable person to holdthe licence.Page 78Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 124](3)For subsection (1)(a)(ii), a key
person licensee acts in a waythat is
inappropriate for the conduct of authorised wagering ifthe
licensee does, or omits to do, an act that results in—(a)theconductofauthorisedwageringbyanauthorityoperatornotbeingconductedundertheoperator’scontrol system
for the conduct of the wagering; and(b)theintegrityoftheconductofauthorisedwageringbeing jeopardised.(4)In
this section—spent convictionmeans a
conviction—(a)for which the rehabilitation period
under theCriminalLaw
(Rehabilitation of Offenders) Act 1986has
expiredunder that Act; and(b)thatisnotrevivedasprescribedbysection 11ofthatAct.124Show cause notice(1)If
the chief executive believes a ground exists to suspend orcancel a key person licence, the chief
executive must beforetakingactiontosuspendorcancelthelicencegivethekeyperson licensee
a written notice (ashow cause notice).(2)The show cause notice must state the
following—(a)the action the chief executive
proposes taking under thissubdivision (theproposed
action);(b)the grounds for
the proposed action;(c)anoutlineofthefactsandcircumstancesformingthebasis for the grounds;(d)if the proposed action is suspension
of the licence—theproposed suspension period;(e)that the key person licensee may,
within a stated period(theshow cause
period), make written representationsto
the chief executive to show why the proposed actionshould not be taken.Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 125](3)The show cause period must end at
least 21 days after the keyperson licensee
is given the show cause notice.(4)Subsection (5) applies if the chief
executive believes—(a)the key person licensee is an employee
or a key operatorof an authority operator; and(b)the existence of the grounds for the
proposed action islikelytoadverselyaffecttheconductofauthorisedwagering by the
authority operator.(5)The chief executive must immediately
give a copy of the showcause notice to the authority
operator.(6)Theauthorityoperatormaymakewrittenrepresentationsabout the show
cause notice to the chief executive in the showcause
period.125Consideration of
representationsThe chief executive must consider all
written representations(theaccepted
representations) made under section 124(2)(e)or
(6).126Immediate suspension(1)The chief executive may suspend a key
person licensee’s keyperson 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 authorisedwagering is not
jeopardised.(2)The suspension—(a)can
be effected only by the chief executive giving thekeypersonlicenseeaninformationnoticeforthedecisiontosuspendthelicence,togetherwithashowcause notice;
andPage 80Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 127](b)operates immediately the information
notice is given tothe licensee; and(c)continuestooperateuntiltheshowcausenoticeisfinally dealt with.(3)If
the chief executive believes the key person licensee is anemployee or a key operator of an authority
operator, the chiefexecutivemustimmediatelygivewrittennoticeofthesuspension to
the authority operator.127Suspension and
cancellation of licence after show causeprocess(1)This section applies if—(a)there are no accepted representations
for a show causenotice; or(b)afterconsideringtheacceptedrepresentationsforashow cause notice, the chief
executive—(i)still believes a ground exists to
suspend or cancel akey person licence; and(ii)believes suspension or cancellation of the
licenceis warranted.(2)This
section also applies if a key person licensee contravenesa
direction given to the licensee under section 130.(3)The chief executive may—(a)iftheproposedactionwastosuspendthelicence—suspendthelicencefornotlongerthantheproposedsuspension
period; or(b)if the proposed action was to cancel
the licence—cancelthe licence or suspend it for a
period.(4)Ifthechiefexecutivedecidestotakeactionundersubsection (3),
the chief executive must immediately—(a)giveaninformationnoticeforthedecisiontothekeyperson licensee; andCurrent as at
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Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 128](b)ifthechiefexecutivebelievesthelicenseeisanemployee or a key operator of an
authority operator—give written notice of the suspension or
cancellation tothe authority operator.(5)The
decision takes effect on the later of the following—(a)the day the information notice is
given to the key personlicensee;(b)the
day of effect stated in the information notice.(6)Ifthechiefexecutivecancelsthelicence,thekeypersonlicensee must
give the licence to the chief executive within 14days
after the cancellation takes effect.Maximum penalty
for subsection (6)—40 penalty units.Subdivision
2Other action by chief executive128Ending show cause process without
further action(1)Thissectionappliesif,afterconsideringtheacceptedrepresentations
for a show cause notice, the chief executive nolongerbelievesagroundexiststosuspendorcancelakeyperson licence.(2)The
chief executive—(a)must not take any further action about
the show causenotice; and(b)must
give each of the following a written notice statingthat
no further action is to be taken—(i)the
key person licensee;(ii)an authority
operator to whom a copy of the showcause notice was
given under section 124(5).Page 82Current as at [Not applicable]
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employees and operators for authority operators[s 129]129Censuring key person licensee(1)The chief executive may censure a key
person licensee for amatter relating to a ground for
suspension or cancellation ifthe chief
executive—(a)believesagroundexiststosuspendorcancelthelicensee’s key person licence but does not
believe thatgiving a show cause notice to the licensee
is warranted;or(b)afterconsideringtheacceptedrepresentationsforashowcausenotice,stillbelievesagroundexiststosuspend or cancel the licensee’s key
person licence butdoesnotbelievesuspensionorcancellationofthelicence is warranted.(2)The censure can be effected only by
the chief executive givingthe key person licensee an information
notice for the decisionto censure the licensee.(3)If the chief executive believes the
key person licensee is anemployee or a key operator of an
authority operator, the chiefexecutive must
immediately give written notice of the censureto the authority
operator.130Direction to rectify matter after show
cause process(1)Thissectionappliesif,afterconsideringtheacceptedrepresentations
for a show cause notice, the chief executive—(a)still believes a ground exists to suspend or
cancel a keyperson licence; and(b)believes a matter relating to the ground for
suspensionorcancellationiscapableofbeingrectifiedanditisappropriatetogivethekeypersonlicenseeanopportunity to rectify the
matter.(2)Thechiefexecutivemaydirectthekeypersonlicenseetorectify the matter.(3)If the chief executive decides to give
a key person licensee adirection under this section, the
direction can be effected onlyCurrent as at
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Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 131]bythechiefexecutivegivingthelicenseeaninformationnotice for the
decision.(4)The information notice must state the
period for rectifying thematter.(5)The
period must be reasonable, having regard to the nature ofthe
matter to be rectified.(6)If the chief
executive gave a copy of the show cause notice toan
authority operator under section 124(5), the chief executivemustgivewrittennoticeofthedirectiontotheauthorityoperatorimmediatelyaftergivingtheinformationnoticetothe key person licensee.131Cancellation or reduction of period of
suspension(1)If the chief executive suspends a key
person licence, the chiefexecutive may, for any remaining
period of suspension and atany 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 ifthechiefexecutiveconsidersitisappropriatetotaketheaction.(3)The
chief executive must immediately give written notice ofthe
decision to—(a)the key person licensee; and(b)if the chief executive believed the
key person licenseewasanemployeeorakeyoperatorofanauthorityoperator when
the key person licence was suspended—the authority
operator.(4)Subsection (1) does not apply to an
immediate suspension.Page 84Current as at
[Not applicable]
Division 8Wagering Act
1998Part 7 Key employees and operators for
authority operators[s 132]Requirements
about employmentNotauthorised—indicativeonly132Notice of start of licensed employee’s
employmentWithin7daysafteralicensedemployeestartsemploymentwith an
authority operator, the authority operator must notifythe
chief executive of the start of the employment by notice inthe
approved form.Maximum penalty—40 penalty units.134Notice of end of licensed employee’s
employment(1)This section applies if—(a)an authority operator ends the
employment of a licensedemployee; or(b)a
licensed employee ends the employee’s employmentwith
an authority operator; or(c)a licensed
employee otherwise ceases to be employed byan authority
operator.(2)Within 7 days after the licensed
employee’s employment withthe authority operator ends, the
authority operator must notifythe chief
executive of the end of the employment by notice inthe
approved form.Maximum penalty for subsection (2)—40
penalty units.135Requirement to end licensed employee’s
employment(1)This section applies if—(a)a key person licence held by a
licensed employee of anauthority operator is cancelled or
suspended; or(b)a licensed employee of an authority
operator ceases tohold a key person licence for some other
reason.(2)Thechiefexecutivemay,bywrittennoticegiventotheauthority operator, require the
operator to end the employee’sCurrent as at
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Notauthorised—indicativeonlyWagering Act 1998Part 7 Key
employees and operators for authority operators[s 136]employment as a key employee within the time
stated in thenotice.(3)The
authority operator must comply with the requirement.(4)This section applies to an authority
operator despite any otherAct or law or any industrial award or
agreement.(5)An authority operator does not incur
any liability because ofaction taken to comply with a
requirement under this section.Division 9Requirements about associationwith
key operators136Notice of end of key operator’s
role(1)Thissectionappliesifapersonwhoholdsakeypersonlicenceasakeyoperatorstopsbeingakeyoperatorforanauthority operator.(2)Within 7 days after the person stops
being a key operator forthe authority operator, the authority
operator must notify thechief executive of that fact by notice
in the approved form.Maximum penalty for subsection (2)—40
penalty units.137Requirement to end key operator’s
role(1)This section applies if—(a)akeypersonlicenceheldbyakeyoperatorforanauthority
operator is cancelled or suspended; or(b)a
key operator for an authority operator ceases to hold akey
person licence for some other reason.(2)Thechiefexecutivemay,bywrittennoticegiventotheauthority operator, require the
authority operator to take anyaction that is
necessary and reasonable to ensure the personceases to be a
key operator for the authority operator withinthe time stated
in the notice.(3)The authority operator must comply
with the requirement.Page 86Current as at
[Not applicable]
Wagering Act 1998Part 8 Wagering
agents[s 138](4)This
section applies to an authority operator despite any otherAct
or law.(5)An authority operator does not incur
any liability because ofaction taken to comply with a
requirement under this section.Notauthorised—indicativeonlyDivision 10Other
matters138False statements by applicantsA
person must not, for an application made under this part,stateanythingthepersonknowsisfalseormisleadinginamaterial particular.Maximum penalty—40 penalty units.139Destruction of fingerprints(1)This section applies if—(a)the chief executive refuses to grant
an application for akey person licence; or(b)akeypersonlicencelapses,orissurrenderedorcancelled.(2)Thechiefexecutivemusthaveanyfingerprintsoftheapplicantorformerkeypersonlicenseetakenfortheapplicationforthekeypersonlicencedestroyedassoonaspracticable.Part 8Wagering agentsDivision 1Agency agreements140Meaning ofagency
agreementAnagencyagreementisanagreementbetweenalicenceoperator and
another person—Current as at [Not applicable]Page
87
Notauthorised—indicativeonlyWagering Act 1998Part 8 Wagering
agents[s 141](a)appointingtheotherpersonasanagent(awageringagent)ofthelicenceoperatorfortheconductofwagering under the relevant wagering
licence; and(b)dealing with the wagering agent’s
authority; and(c)stating the conditions under which the
wagering agentacts as, and remains, an agent of the
licence operator;and(d)stating other
matters agreed between the wagering agentand licence
operator.141Conditions for entering into agency
agreement(1)A licence operator may enter into an
agency agreement onlywith—(a)a
licensed club; or(b)apersonprescribedunderaregulationasapersoneligible to be a
wagering agent.(2)A licence operator may enter into an
agency agreement only ifthe agreement—(a)is
in a form approved by the chief executive; and(b)states the wagering agent’s place of
operation; and(c)includesanyotherprovisionsrequiredbythechiefexecutive.(3)The
chief executive may require the inclusion of a provisionin
an agency agreement only if the chief executive reasonablybelievestheinclusionoftheprovisionisnecessaryandreasonable to ensure—(a)theintegrityoftheconductofauthorisedwageringunder the relevant wagering licence is not
jeopardised ina material way; or(b)thepublicinterestisnotaffectedinanadverseandmaterial way.Page 88Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 8 Wagering
agents[s 143]143Amendment of agency agreement(1)An agency agreement may be amended
only with the writtenapproval of the chief
executive.(2)Thechiefexecutivemaywithholdapprovalofaproposedamendmentonlyifthechiefexecutiveconsidersitisnecessary to do
so in the public interest or to protect properstandards of
integrity in the conduct of authorised wageringunder the
relevant wagering licence.Division 2Suitability of
persons146Suitability of agentsIn
deciding whether a wagering agent is a suitable person tobe a
wagering agent, the chief executive may have regard tothe
following matters—(a)the agent’s character or business
reputation;(b)theagent’scurrentfinancialpositionandfinancialbackground;(c)theagent’sgeneralsuitabilitytoactasanagentforawagering licensee.147Suitability of associatesIndecidingwhetherabusinessorexecutiveassociateofawageringagentisasuitablepersontobeassociatedwithawageringagent’soperations,thechiefexecutivemayhaveregard to the
following matters—(a)the associate’s character or business
reputation;(b)theassociate’scurrentfinancialpositionandfinancialbackground.Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 8 Wagering
agents[s 148]Division 3Investigation of wagering agentsand
associates148Investigation of suitability of
agents(1)The chief executive may investigate a
wagering agent to helpthechiefexecutivedecidewhethertheagentisasuitableperson to be a
wagering agent.(2)However,thechiefexecutivemayinvestigateawageringagent only if
the chief executive reasonably suspects the agentis
not a suitable person to be a wagering agent.149Investigation of suitability of
associates(1)The chief executive may investigate a
business or executiveassociateofawageringagenttohelpthechiefexecutivedecidewhethertheassociateisasuitablepersontobeassociated with
a wagering agent’s operations.(2)However,thechiefexecutivemayinvestigateabusinessorexecutiveassociateofawageringagentonlyifthechiefexecutive reasonably suspects the associate
is not a suitableperson to be associated with a wagering
agent’s operations.150Requirement to give information or
document forinvestigation(1)Ininvestigatingawageringagent,orbusinessorexecutiveassociateofawageringagent,thechiefexecutivemay,bywritten notice given to the person, require
the person to givethechiefexecutiveinformationoradocumentthechiefexecutive
considers relevant to the investigation.(2)When
making the requirement, the chief executive must warnthepersonitisanoffencetofailtocomplywiththerequirement, unless the person has a
reasonable excuse.Page 90Current as at
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agents[s 151]151Failure to give information or document for
investigation(1)A person of whom a requirement is made
under section 150mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)It
is a reasonable excuse for the person not to comply with therequirement if complying with the
requirement might tend toincriminate the person.(3)The person does not commit an offence
against this section ifthe information or document sought by
the chief executive isnot in fact relevant to the
investigation.152Criminal history report for
investigation(1)Ifthechiefexecutiveininvestigatingapersonundersection 148or149asksthecommissionerofthepoliceservice 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)relevantinformationthecommissionercanreasonablyobtain by asking
officials administering police servicesin other
Australian jurisdictions; and(c)otherrelevantinformationtowhichthecommissionerhas
access.Division 4Terminating
agency agreements153Grounds for directing
termination(1)Agroundfordirectingtheterminationofanagencyagreement exists
if the wagering agent—Current as at [Not applicable]Page
91
Notauthorised—indicativeonlyWagering Act 1998Part 8 Wagering
agents[s 154](a)is
not a suitable person to be a wagering agent; or(b)isnoteligibletobeawageringagentforalicenceoperator;
or(c)is convicted of an offence against
this Act or a gamingAct; or(d)is
convicted of an indictable offence; or(e)contravenes a provision of this Act (being a
provision acontraventionofwhichisnotanoffenceagainstthisAct).(2)Also,agroundfordirectingtheterminationofanagencyagreementexistsifabusinessorexecutiveassociateofthewagering agent
is not a suitable person to be associated with awagering agent’s operations.154Show cause notice(1)This
section applies if the chief executive believes—(a)agroundexistsfordirectingtheterminationofanagency agreement; and(b)the act, omission or other thing
constituting the groundis of a serious and fundamental
nature; and(c)either—(i)the
integrity of the conduct of authorised wageringundertherelevantwageringlicencemaybejeopardised; or(ii)the
public interest may be affected adversely.(2)The
chief executive must give the wagering agent a writtennotice (ashow cause
notice)—(a)stating the
chief executive proposes to take action (theproposedaction)todirectthelicenceoperatortoterminate the agency agreement;
and(b)stating the grounds for the proposed
action; andPage 92Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 8 Wagering
agents[s 155](c)outlining the facts and circumstances
forming the basisfor the grounds; and(d)invitingthewageringagenttoshowwithinastatedperiod
(theshow cause period) why the
proposed actionshould not be taken.(3)The
show cause period must be a period ending at least 21daysaftertheshowcausenoticeisgiventothewageringagent.(4)The chief executive must promptly give
a copy of the showcause notice to the licence operator.155Representations about show cause
notice(1)The wagering agent, and licence
operator to whom a copy oftheshowcausenoticeisgiven,maymakerepresentationsabout the show
cause notice to the chief executive in the showcause
period.(2)The chief executive must consider all
written representations(theaccepted
representations) made under subsection (1).156Ending show cause process without
further action(1)Thissectionappliesif,afterconsideringtheacceptedrepresentations
for the show cause notice, the chief executiveno longer
believes a ground exists to direct the termination ofthe
agency agreement.(2)The chief executive must not take any
further action about theshow cause notice.(3)Notice that no further action about the show
cause notice is tobe taken must be given by the chief
executive to the wageringagent and licence operator.157Censuring agent(1)Thissectionappliesif,afterconsideringtheacceptedrepresentations
for the show cause notice, the chief executiveCurrent as at
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Notauthorised—indicativeonlyWagering Act 1998Part 8 Wagering
agents[s 158]still believes a
ground exists to direct the termination of theagency agreement
but—(a)doesnotbelieveterminationoftheagreementiswarranted; and(b)does
not consider it is appropriate to take action undersection 158.(2)This
section also applies if the chief executive has not given ashow
cause notice to the wagering agent but—(a)believes a ground exists to direct the
termination of theagency agreement; and(b)doesnotbelievethegivingofashowcausenoticeiswarranted.(3)Thechiefexecutivemay,bywrittennoticegiventothewagering agent, censure the agent for
a matter relating to theground for directing the termination
of the agreement.(4)The notice must state the reason for
the decision to censurethe wagering agent.(5)The chief executive must promptly give
a copy of the notice tothe licence operator.158Direction to rectify(1)Thissectionappliesif,afterconsideringtheacceptedrepresentations
for the show cause notice, the chief executivestill believes a
ground exists to direct the termination of theagency agreement
but considers—(a)a matter relating to the ground is
reasonably capable ofbeing rectified; and(b)thatitisappropriatetogivethewageringagentanopportunity to rectify the
matter.(2)This section also applies if the chief
executive has not given ashow cause notice to the wagering
agent and—(a)the chief executive believes a ground
exists to direct thetermination of the agency agreement;
andPage 94Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 8 Wagering
agents[s 159](b)the
chief executive considers—(i)amatterrelatingtothegroundisreasonablycapable of being
rectified; and(ii)that it is
appropriate to give the wagering agent anopportunity to
rectify the matter without giving ashow cause
notice; and(c)thewageringagentandlicenceoperatorhavebeengiven—(i)written notice that the chief executive
proposes togive a direction under this section;
and(ii)areasonableopportunitytomakerepresentationsabout the
proposed direction.(3)However, this section applies because
of subsection (1) only ifthechiefexecutivedoesnothavethebeliefmentionedinsection 159(1).(4)Thechiefexecutivemay,bywrittennoticegiventothewagering agent, direct the agent to
rectify the matter withinthe period stated in the
notice.(5)The notice must state the reason for
the decision to give thedirection.(6)Theperiodstatedinthenoticemustbereasonable,havingregard to the nature of the matter to be
rectified.(7)The chief executive must promptly give
a copy of the notice tothe licence operator.(8)The wagering agent must comply with a
direction given underthis section.159Direction to terminate agreement(1)Thissectionappliesif,afterconsideringtheacceptedrepresentations
for the show cause notice, the chief executivestill
believes—(a)a ground exists to direct the
termination of the agencyagreement; andCurrent as at
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Notauthorised—indicativeonlyWagering Act 1998Part 8 Wagering
agents[s 160](b)the
act, omission or other thing constituting the groundis
of a serious and fundamental nature; and(c)either—(i)the
integrity of the conduct of authorised wageringundertherelevantwageringlicencemaybejeopardised; or(ii)the
public interest may be affected adversely.(2)This
section also applies if—(a)afterconsideringtheacceptedrepresentationsfortheshowcausenotice,thechiefexecutivedirectsthewagering agent to rectify a matter and the
agent fails tocomply with the direction within the period
stated in therelevant notice; or(b)there are no accepted representations for
the show causenotice.(3)The
chief executive may, by written notice given to the licenceoperator, direct the operator to terminate
the agreement withinthe time stated in the notice.(4)If the chief executive gives a
direction under this section, thechief executive
must promptly give an information notice forthe decision
to—(a)the licence operator; and(b)the wagering agent affected by the
decision.160Termination of agreement on
direction(1)If the chief executive directs a
licence operator to terminate anagency
agreement, the operator must terminate the agreementwithin the time stated in the relevant
notice.(2)Ifthelicenceoperatordoesnotterminatetheagencyagreementasrequiredbysubsection (1),theagreementisterminated by this Act.Page 96Current as at [Not applicable]
Wagering Act 1998Part 8 Wagering
agents[s 162](3)The
State does not incur any liability if an agency agreementis
terminated by a licence operator under subsection (1) or bythis
Act.(4)Alicenceoperatordoesnotincuranyliabilitybecausetheoperatorterminatesanagencyagreementundersubsection
(1).Notauthorised—indicativeonly162Suspending agent’s operations(1)Thechiefexecutivemaysuspendthewageringagent’soperations if the chief executive
believes—(a)a ground exists to direct the
termination of the agencyagreement; and(b)it
is necessary to suspend the operations—(i)in
the public interest; or(ii)to ensure the
integrity of the conduct of authorisedwageringundertherelevantwageringlicenceisnot
jeopardised.(2)The suspension—(a)must
be effected by written notice (asuspension
notice)given to the wagering agent with a
show cause notice;and(b)operatesimmediatelythesuspensionnoticeisgiven;and(c)continuestooperateuntiltheshowcausenoticeisfinally dealt with.(3)The
suspension notice must state the reason for the decision tosuspend the wagering agent’s
operations.(4)Thechiefexecutivemustpromptlygiveacopyofthesuspension notice to the licence
operator.(5)Awageringagentmustnotcarryonoperationswhiletheagent’s operations are
suspended.Maximum penalty for subsection (5)—200
penalty units or 2years imprisonment.Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 9
Financial[s 163]Part 9FinancialDivision 1Commissions and dividends163Commission(1)An
authority operator may deduct, or cause to be deducted, ascommission,outofthetotalamountinvestedineachtotalisator
conducted by the authority operator on 1 or moreevents or contingencies, an amount that is
not more than theamount calculated under a regulation.(1A)WithoutlimitingtheStatutoryInstrumentsAct1992,section 25,aregulationundersubsection (1)mayapplydifferently for
different events or contingencies.(2)An
authority operator must not, under subsection (1), deduct,or
cause to be deducted, for a financial year, out of the totalamount invested in the year in totalisators
conducted by theauthority operator on events or
contingencies, an amount thatis more than the
amount calculated under a regulation.164Dividends(1)Anauthorityoperator,afterdeductingtheoperator’scommissionsundersection 163,mustpaybywayofdividendsallamountsinvestedintotalisatorsconductedbythe authority operator on events or
contingencies.(2)In calculating a dividend—(a)a fraction of 10c less than 5c is to
be disregarded; and(b)afractionof10cequaltoorgreaterthan5cistobetaken to be 5c.(3)An
amount that, apart from subsection (2), would be requiredtobeincludedinadividend(anunpaidfraction)mayberetained by the authority operator.Page
98Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 2FeesWagering Act 1998Part 9
Financial[s 168]168Liability to wagering authority fee(1)Anauthorityholdermustgiveconsideration(thewageringauthority
fee) for the wagering authority.(2)Thewageringauthorityfeeistobecalculatedandpaidorsatisfied under the conditions of the
wagering authority.168AWagering authority administration
fee(1)The conditions of a wagering authority
may provide for thepayment of a fee (awagering
authority administration fee)by
the authority holder to cover in whole or part the cost to
theState of administering this Act in relation
to the authority.(2)The wagering authority administration
fee is to be calculatedandpaidorsatisfiedundertheconditionsofthewageringauthority.169Application of wagering tax170Penalty for late payment(1)An authority holder must pay to the
chief executive a penaltyon an amount or value of wagering
authority fee or wageringauthority administration fee
outstanding (theunpaid amount)as
at the end of the period allowed for payment.(2)The
penalty is the percentage prescribed under a regulation ofthe
unpaid amount.(3)An additional penalty is payable by
the authority holder to thechiefexecutiveforanypart oftheunpaidamount,andanyprevious
penalty, remaining unpaid—(a)1 month after
the end of the period allowed for paymentof the unpaid
amount; andCurrent as at [Not applicable]Page
99
Notauthorised—indicativeonlyWagering Act 1998Part 9
Financial[s 171](b)at
the end of each succeeding month starting—(i)on
the day of the month corresponding to the daymentioned in
paragraph (a); or(ii)if there is no
corresponding day—on the first dayof the following
month.(4)Theadditionalpenaltyisthepercentageprescribedunderaregulationofeachunpaidorotheramountforwhichthepenalty is payable.(5)A
penalty, or a part of a penalty, is not payable if the chiefexecutive,forareasonthechiefexecutiveconsidersappropriate,decidesthepenalty,orthepartofthepenalty,need not be
paid.171Recovery of amountsAnamountofwageringauthorityfee,wageringauthorityadministration
fee or penalty payable under this part is a debtpayable to the State and may be recovered by
action in a courtof competent jurisdiction.172Revenue offenceAn authority
holder must not evade the payment of an amountpayable by the
authority holder as a wagering authority fee orwagering
authority administration fee.Maximumpenalty—200penaltyunitsor2yearsimprisonment.Note—If a
corporation commits an offence against this provision, an
executiveofficer of the corporation may be taken,
under section 289, to have alsocommitted the
offence.Page 100Current as at
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10Wagering Act 1998Part 10
Compliance requirements[s 173]Compliance
requirementsDivision 1Control
systems173Authorised wagering to be conducted
under controlsystem(1)An
authority operator must not conduct authorised wageringunder a wagering authority unless the
authority operator has acontrol system complying with section
174 for the wagering.Maximum penalty—200 penalty
units.(2)The authority operator must not
contravene its control systemin the conduct
of authorised wagering.Maximum penalty—200 penalty
units.(3)An authority operator must, on request
by an inspector, makeits control system available for
inspection by the inspector.Maximum
penalty—200 penalty units.(4)However,
subsection (1) applies to a permit holder only if thetotalamountinvestedintheholder’stotalisatorsforthe12months
immediately preceding the day on which the holderconductstheauthorisedwageringismorethantheamountprescribed under
a regulation for this subsection.174Content of control system(1)Anauthorityoperator’scontrolsystemforauthorisedwagering
must—(a)be in writing; and(b)include details about each matter for the
wagering statedin subsection (2), to the extent the matter
relates to theinternal controls to be put in place by the
operator forthe following purposes—Current as at
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requirements[s 175](i)ensuringamountspayablebytheoperatortotheStateforthewageringareworkedoutandpaidunder this
Act;(ii)protectingtheintegrityoftheconductoftheauthorised wagering.(2)For subsection (1)(b), the matters
are—(a)accounting systems and procedures;
and(b)administrative systems and procedures;
and(c)procedures for recording bets and
paying winning bets;and(d)computer software; and(e)systemsandproceduresforthemaintenance,security,storage and transportation of equipment;
and(f)systemsandproceduresforusingandmaintainingsecurity
facilities; and(g)the general procedures to be followed
for the conduct ofthe wagering.175Chief
executive may give direction about content ofcontrol
system(1)Thissectionappliesifthechiefexecutiveconsidersanauthority operator’s control system for
authorised wagering isinsufficient for—(a)ensuring amounts payable to the State under
this Act fortheconductofwageringareproperlyworkedoutandpaid; or(b)protecting the integrity of the
conduct of the authorisedwagering.(2)Thechiefexecutivemay,bywrittennoticetotheoperator,direct the operator to include in its
control system additionaldetails about 1 or more matters
mentioned in section 174(2)withinthereasonableperiod,andintheway,statedinthenotice.Page
102Current as at [Not applicable]
Wagering Act 1998Part 10
Compliance requirements[s 178](3)If
the operator does not comply with the direction, at the endof
the period stated in the notice the operator’s control
systemis taken to have been changed in the way
stated in the notice.Notauthorised—indicativeonlyDivision 2Wagering
records178Notices about keeping wagering
records(1)Thechiefexecutivemay,bywrittennoticegiventoanauthority operator—(a)approve a place (theapproved place) nominated by
theoperator as the place where the operator is
required tokeep the operator’s wagering records;
or(b)specifyawageringrecordoftheoperator(anexemptwagering
record) that is not required to be kept at
theapproved place; or(c)specify a wagering record of the operator
that may bekepttemporarilyataplaceotherthantheapprovedplace, and the
period for which, or the circumstances inwhich, the
record may be kept at the other place; or(d)approvethekeepingofinformationcontainedinawageringrecordinawaydifferentfromthewaytheinformation was
kept when the record was being usedby the operator;
or(e)approve the destruction of a wagering
record the chiefexecutive considers need not be kept.(2)Thechiefexecutivemayspecifyawageringrecordforsubsection (1)(b) only if the chief
executive considers there issufficient
reason for the record to be kept at a place other thanthe
approved place.(3)A wagering record mentioned in
subsection (1)(c) is also anexempt wagering
record—(a)for the period
stated in the notice; or(b)while the
circumstances stated in the notice exist.Current as at
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requirements[s 179](4)Theexerciseofthechiefexecutive’spowerundersubsection
(1)(d) or (e) is subject to any other law about theretention or destruction of the wagering
record.179Wagering records to be kept at certain
place(1)Anauthorityoperatormustkeeptheoperator’swageringrecords at—(a)the
operator’s principal place of business in the State or,iftheoperatorisacorporationandhasitsregisteredoffice in the
State, its registered office; or(b)an
approved place for the records.Maximum
penalty—40 penalty units.(2)Subsection (1)
does not apply to an exempt wagering record.180Wagering records to be kept for required
period(1)An authority operator must keep a
wagering record for 5 yearsafter the end of
the transaction to which the record relates.Maximum
penalty—40 penalty units.(2)Subsection (1)
does not apply to a wagering record if—(a)theinformationpreviouslycontainedintherecordiskeptinanotherwayunderanapprovalofthechiefexecutive;
or(b)the record has been destroyed under an
approval of thechief executive.(3)Subsection (1) has effect subject to any
other law about theretention or destruction of the wagering
record.Page 104Current as at
[Not applicable]
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1998Part 10 Compliance requirements[s
181]Financial accounts, statements andreports181Keeping of accountsAn authority
operator must—(a)keepaccountingrecordsthatcorrectlyrecordandexplainthetransactionsandfinancialpositionfortheoperations of
the operator conducted under the wageringauthority;
and(b)keep the accounting records in a way
that allows—(i)true and fair financial statements and
accounts tobe prepared from time to time; and(ii)thefinancialstatementsandaccountstobeconveniently and properly
audited.Maximum penalty—40 penalty units.182Preparation of financial statements
and accounts(1)An authority operator must prepare
financial statements andaccounts as required by this section
giving a true and fair viewof the financial
operations of the operator conducted under thewagering
authority.Maximum penalty—40 penalty units.(2)Thefinancialstatementsandaccountsmustincludethefollowing—(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.Current as at [Not applicable]Page
105
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requirements[s 183]183Submission of reports(1)An
authority operator must give reports to the chief executiveas
required by this section about the operations of the
operatorconducted under the wagering
authority.Maximum penalty—40 penalty units.(2)Thereportsmustbegivenatthetimesstatedinawrittennotice given to the authority operator by
the chief executive.(3)A report must be
in the approved form.(4)Thechiefexecutivemay,bywrittennoticegiventoanauthorityoperator,requiretheoperatortogivethechiefexecutive
further information about a report within the timestated in the notice to help the chief
executive acquire a properappreciation of the operator’s
operations.(5)An authority operator must comply with
a requirement undersubsection (4) within the time stated in the
notice, unless theoperator has a reasonable excuse.Maximum penalty—40 penalty units.(6)Anauthorityoperatormustnotgivethechiefexecutiveareport containing information, or
further information about areport,theoperatorknowstobefalse,misleadingorincomplete in a material particular.Maximum penalty—100 penalty units.(7)Subsection (6) does not apply to an
authority operator if theoperator, when giving the report or
further information—(a)informs the
chief executive in writing, to the best of theoperator’s
ability, how the return or information is false,misleading or incomplete; and(b)if the operator has, or can reasonably
obtain, the correctinformation—gives the correct
information.(8)Itisenoughforacomplaintforanoffenceagainstsubsection (6) to state that the report or
information was false,misleading or incomplete to the
defendant’s knowledge.Page 106Current as at
[Not applicable]
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1998Part 10 Compliance requirements[s
184]Financial institution accounts184Keeping of accountsAnauthorityoperatormustkeepafinancialinstitutionaccount,orfinancialinstitutionaccounts,approvedbythechief executive for use for all
banking or similar transactionsfortheoperationsoftheoperatorconductedunderthewagering authority.Maximum
penalty—40 penalty units.185Use of
accountsAnauthorityoperatormustnotuseafinancialinstitutionaccountapprovedbythechiefexecutiveotherthanforapurpose for
which it is approved.Maximum penalty—40 penalty
units.Division 5Audit186Exempt authority operators(1)Thechiefexecutivemaydeclareapermitholdertobeanexempt authority operator for this
division.(2)The chief executive may make a
declaration only if the chiefexecutive
considers—(a)thepermitholder’soperationsconductedundertheoncourse wagering permit are not
significant; and(b)in particular, the extent of wagering
conducted does notwarrant an audit of any of the permit
holder’s documentsrelating to the operations.(3)Adeclarationmustbemadebywrittennoticegiventothepermit holder.Current as at
[Not applicable]Page 107
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requirements[s 187]187Audit
of operations(1)Assoonaspracticableaftertheendofafinancialyear,anaffectedauthorityoperatormust,attheoperator’sownexpense,causetheoperator’sbooks,accountsandfinancialstatements for
the operator’s operations conducted under thewagering
authority for the financial year to be audited by—(a)a registered company auditor;
or(b)if the affected authority operator is
a permit holder—anapproved accountant.Maximum
penalty—40 penalty units.(2)In this
section—affected authority operatormeans an authority operator whohas
not been declared by the chief executive under section 186to
be an exempt authority operator for this division.188Completion of audit(1)The auditor must—(a)complete the audit within 3 months after the
end of thefinancial year; and(b)immediately after completion of the audit,
give a copyof the audit report to the chief executive
and authorityoperator.Maximum
penalty—40 penalty units.(2)Subsection
(1)(a)doesnotapplytotheauditorif,inthecircumstances,
it would be unreasonable to require the auditorto comply with
the paragraph and the auditor completes theaudit as soon as
practicable.189Further information following
audit(1)On receiving a copy of the audit
report, the chief executivemay, by written
notice given to the authority operator, requiretheoperatortogivethechiefexecutivefurtherinformationPage 108Current as at [Not applicable]
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of approved wagering[s 190]aboutamatterrelatingtotheoperationsoftheoperatormentioned in the
audit report.(2)An authority operator must comply with
a requirement undersubsection (1) within the time stated in the
notice, unless theoperator has a reasonable excuse.Maximum penalty for subsection (2)—40
penalty units.Part 11Conduct of
approved wageringDivision 1Agreements190Meaning ofancillary
wagering agreement(1)Anancillary
wagering agreementis an agreement, contract,leaseorarrangement(whetherwrittenorunwritten)underwhich a person agrees to provide to an
authority operator athing or service in return for a
direct or indirect interest in, orpercentage or
share of—(a)amountsreceivedbytheoperatorintheconductofapproved wagering; or(b)the revenue, profit or earnings
derived by the operator inthe conduct of approved
wagering.(2)However,anancillarywageringagreementdoesnotinclude—(a)an
agency agreement; or(b)a wagering
management agreement; or(c)a totalisator
supply agreement.191Meaning ofrelated
agreement(1)Arelated
agreementis—(a)an ancillary
wagering agreement; orCurrent as at [Not applicable]Page
109
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 192](b)anotheragreement,contract,leaseorarrangement(whether written
or unwritten) entered into between anauthorityoperatorandanotherpersonrelatingtotheoperator’s operations.(2)However, arelated
agreementdoes not include a wageringmanagement agreement.192Entering into ancillary wagering
agreementsAn authority operator must not enter into,
or be a party to, anancillary wagering agreement without
the written approval ofthe Minister.Maximum
penalty—40 penalty units.193Approval for
ancillary wagering agreement(1)An
authority operator may apply to the Minister for approvalto
enter into an ancillary wagering agreement.(2)An
application must—(a)be in writing; and(b)ifitisproposedtheagreementwillbe
inwriting—beaccompanied by a
copy of the proposed agreement.(3)The
Minister must consider an application for approval andeither give, or refuse to give, the
approval.(4)However,theMinistermaygiveanapprovalonlyiftheMinister
considers it would be appropriate or desirable in allthe
circumstances for the authority operator to enter into theagreement.(5)TheMinistermustpromptlygivetheauthorityoperatorwritten notice of the Minister’s
decision.Page 110Current as at
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of approved wagering[s 194]194Review of related agreements(1)TheMinistermay,bywrittennoticegiventoanauthorityoperator,
require the operator to give to the Minister, withinthe
time stated in the notice—(a)theinformationstatedinthenoticeaboutarelatedagreement to
which the authority operator is a party; and(b)if
the agreement is in writing—a copy of the agreement.(2)Without limiting subsection (1), the
information the Ministermayrequiretobegivenabouttheagreementincludesthefollowing—(a)the
names of the parties;(b)a description of
any property, goods or other things, orany services,
supplied or to be supplied;(c)the
value or nature of the consideration;(d)the
term of the agreement.(3)Theauthorityoperatormustcomplywiththerequirementwithin the time
stated in the notice, unless the operator has areasonable
excuse.195Show cause notice for related
agreement(1)This section applies if, after
considering the information giventotheMinisterabouttherelatedagreementand,ifappropriate,thecontentsoftheagreement,theMinisterbelieves the
continuance of the agreement—(a)may
jeopardise the integrity of the conduct of approvedwagering; or(b)may
affect the public interest adversely.(2)This
section also applies if—(a)theauthorityoperatordoesnotcomplywiththerequirement mentioned in section 194;
and(b)the Minister has the belief mentioned
in subsection (1).Current as at [Not applicable]Page
111
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 196](3)The
Minister must give the authority operator a written notice(ashow cause notice)—(a)stating the Minister proposes to take
action to direct thetermination of the agreement
(theproposed action); and(b)stating the grounds for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the grounds; and(d)inviting the operator to show within a
stated period (theshow cause period) why the
proposed action should notbe taken.(4)The
show cause period must be a period ending at least 21daysaftertheshowcausenoticeisgiventotheauthorityoperator.(5)The Minister must promptly give a copy
of the show causenotice to each other person (aninterested person) who is
aparty to the agreement.196Representations about show cause
notice(1)The authority operator and each
interested person may makerepresentations about the show cause
notice to the Minister inthe show cause period.(2)TheMinistermustconsiderallwrittenrepresentations(theaccepted representations) made under
subsection (1).197Direction to terminate related
agreement(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,theMinisterstillbelieves the continuance of the
agreement—(a)may jeopardise the integrity of the
conduct of approvedwagering; or(b)may
affect the public interest adversely.(2)Thissectionalsoappliesiftherearenoacceptedrepresentations
for the show cause notice.Page 112Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct
of approved wagering[s 198](3)TheMinistermay,bywrittennoticegiventoeachoftheparties to the related agreement,
direct the termination of theagreement.(4)The
notice must state—(a)the reason for the decision to direct
the termination ofthe related agreement; and(b)the time within which the agreement is
required to beterminated.(5)If
the agreement is not terminated within the time stated in
thenotice, it is terminated at the end of the
time by this Act.(6)TheterminationoftheagreementunderthedirectionorbythisActdoesnotaffectanyrightsorliabilitiesacquiredorincurred by a party to the agreement
before the termination.(7)TheStatedoesnotincuranyliabilityiftheagreementisterminated under the direction or by this
Act.(8)Apartytotheagreementdoesnotincuranyliabilityforbreach of the agreement because the
agreement is terminatedunder the direction.Division 2Operations of
authority operatorsand wagering agentsSubdivision
1Rules198Making rules(1)The
Minister may make rules about approved wagering.(2)The Minister must notify the making of
a rule in the gazette.(2A)A rule takes
effect—(a)onthedaythemakingoftheruleisnotifiedinthegazette; orCurrent as at
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Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 199](b)ifalaterdayisstatedintheMinister’snoticeortherule—on that
day.(3)An authority operator may make
submissions to the Ministerabout a rule or
proposed rule.199Application of rulesThe
rules are binding on an authority operator and a personbettingorintendingtobetwithanauthorityoperatorforauthorised wagering conducted under
the wagering authority.200Rules to be made
availableA general operator must make a copy of the
rules available forpublic inspection—(a)duringordinaryofficehoursateachofficeoftheoperator;
and(b)on the operator’s website on the
internet.Maximum penalty—40 penalty units.201General responsibilities of authority
operatorsAnauthorityoperator,indoinganactfortheconductofapprovedwageringmustensuretheactisdoneundertherules.Maximum
penalty—40 penalty units.202Responsibility of
licence operator for acts of agentsA licence
operator must take reasonable steps to ensure an actdone
by a wagering agent of the operator for the conduct ofapproved wagering is done under the
rules.Maximum penalty—40 penalty units.Page
114Current as at [Not applicable]
Wagering Act 1998Part 11 Conduct
of approved wagering[s 203]203Responsibility of wagering agent for agent’s
actsA wagering agent, in doing an act for the
conduct of approvedwagering, must ensure the act is done under
the rules.Maximum penalty—40 penalty units.Notauthorised—indicativeonlySubdivision 2Other
matters204Meaning oftotalisator
supply agreementAtotalisatorsupplyagreementisanagreement,contract,leaseorarrangement(whetherwrittenorunwritten)underwhichaperson(thetotalisatorsupplier)agreestoinstall,supply or
operate regulated wagering equipment for or to—(a)a
permit holder (thedesignated operator); or(b)awageringagentthatisalicensedclub(alsothedesignated operator).205Places of
operation(1)Anauthorityoperatormustnotcarryontheoperator’soperations at a
place other than a place that—(a)the
operator has, by notice given to the chief executive,nominatedasbeingtheoperator’sproposedplaceofoperation; and(b)has
been approved by the chief executive.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)A
wagering agent must not carry on the agent’s operations at aplace other than a place that—(a)is of a kind prescribed under a
regulation as appropriatefor a wagering agent; and(b)is stated in the agency agreement as
the agent’s place ofoperation.Current as at
[Not applicable]Page 115
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 206]Maximum penalty
for subsection (2)—200 penalty units or 2years
imprisonment.206Acceptance of wagersA
licence operator, in carrying on the operator’s operations,mayacceptwagersbyphoneoranotherformofcommunication.207Use
of regulated wagering equipment(1)Ageneraloperatormustnotuseregulatedwageringequipment for the conduct of approved
wagering unless theequipment is approved wagering
equipment.Maximum penalty—200 penalty units.(2)Ageneraloperatormustnotmodifyapprovedwageringequipmentunlessthemodificationisapprovedbythechiefexecutive in
writing.Maximum penalty—200 penalty units.(3)Atotalisatorsuppliermustnot,underatotalisatorsupplyagreement,install,supplyoroperateregulatedwageringequipmentforortoadesignatedoperatorunlesstheequipment is approved wagering
equipment.Maximum penalty—200 penalty units.(4)A designated operator may use approved
wagering equipmentinstalled,suppliedoroperatedforortotheoperatorbyaperson who is not a licence
operator.208Approval of regulated wagering
equipment(1)An authority operator may apply to the
chief executive—(a)foranapprovalforregulatedwageringequipmentproposedtobeusedintheconductofapprovedwagering;
orPage 116Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct
of approved wagering[s 208](b)forapprovaltomodifyapprovedwageringequipmentused
in the conduct of approved wagering.(2)An
application must—(a)be in the approved form; and(b)be accompanied by the application fee
prescribed undera regulation.(3)The
chief executive must consider the application and if, fordecidingtheapplication,thechiefexecutiveconsidersitisnecessary for the equipment, or the
equipment as proposed tobe modified, to be evaluated, the
chief executive must—(a)carry out the
evaluation; or(b)direct the authority operator—(i)to arrange to have the equipment
evaluated by anapproved evaluator; and(ii)to
give the chief executive a written report of theevaluation.(4)Ifthechiefexecutivecarriesoutanevaluationoftheequipment—(a)the
authority operator must pay the fee prescribed undera
regulation for the evaluation to the chief executive; and(b)ifanamountofthefeeisnotpaidbytheauthorityoperator,theStatemayrecovertheamountfromtheauthority operator as a debt.(5)The chief executive may refuse to give
an approval if—(a)the fee payable for an evaluation
carried out by the chiefexecutive is not paid; or(b)the authority operator fails to comply
with a direction ofthe chief executive under subsection
(3)(b).(6)If the chief executive gives an
approval, the chief executivemust immediately
give the authority operator written notice ofthe
decision.Current as at [Not applicable]Page
117
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 208A](7)If
the chief executive refuses to give an approval, the chiefexecutivemustimmediatelygivetheauthorityoperatoraninformation notice for the
decision.208AApproved evaluatorsThe
Governor in Council may, under a regulation, declare anentitytobeanapprovedentityforevaluatingregulatedwagering equipment.209Extending credit(1)Ageneraloperator,oranemployeeofageneraloperator,must not make a
loan or extend credit in any form to a personto enable the
person or another person to take part in approvedwagering.Maximum
penalty—200 penalty units.(2)If a cash
advance is made to a person in circumstances whereageneraloperatororanemployeeofageneraloperatorknows, or ought
reasonably to know, that the person intends touse the cash
advance to enable the person or another person totakepartinapprovedwagering,theoperatororemployeemust not
represent that the cash advance was made for someother purpose.Maximum penalty
for subsection (2)—200 penalty units.210Advertising wageringApersonwhoadvertisesapprovedwageringmusttakereasonable steps
to ensure the advertisement—(a)is
not indecent or offensive; and(b)is
based on fact; and(c)isnotfalse,deceptiveormisleadinginamaterialparticular.Page 118Current as at [Not applicable]
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of approved wagering[s 211]211Directions about advertising(1)Ifthechiefexecutivereasonablybelievesanadvertisementabout approved
wagering does not comply with section 210,thechiefexecutivemaydirectthepersonappearingtoberesponsibleforauthorisingtheadvertisementtotaketheappropriate 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)for a direction to change the
advertisement—state howthe advertisement is to be
changed.(3)A person to whom a direction is given
must comply with thedirection, unless the person has a
reasonable excuse.Maximum penalty for subsection (3)—20
penalty units.212Inquiries about complaints(1)Subsection (2)appliesifacomplaintismadetothechiefexecutive by a
person about the conduct of approved wagering(including the
conduct of a wagering agent’s operations).(2)The
chief executive must promptly—(a)ifthechiefexecutivebelievesthecomplainthasnotpreviouslybeenreferredtotherelevantauthorityoperator and that it is appropriate for the
complaint to bereferredtotheoperator—referthecomplainttotheauthority operator; or(b)ifparagraph(a)doesnotapply—inquireintothecomplaint.(3)Thechiefexecutivemustpromptlyadvisethecomplainantof—Current as at [Not applicable]Page
119
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 213](a)if
the chief executive acts under subsection (2)(a)—thedecision to refer the complaint to the
authority operator;or(b)if the chief
executive acts under subsection (2)(b)—theresult of the
inquiry.(4)Subsection (5) applies if—(a)a complaint is made to an authority
operator by a personabout—(i)theconductofauthorisedwageringbytheauthority
operator under the wagering authority; or(ii)the
operations of a wagering agent of the authorityoperator;
or(b)acomplaintisreferredtoanauthorityoperatorundersubsection
(2).(5)Theauthorityoperatormust,within21daysafterthecomplaint is received by, or referred
to, the operator—(a)inquire into the complaint; and(b)give written notice of the result of
the inquiry—(i)to the complainant; and(ii)if the complaint
was referred to the operator by thechief
executive—to the chief executive.(6)A
complaint must—(a)be in writing; and(b)state the complainant’s name and address;
and(c)give appropriate details of the
complaint.213Claims for payment of winning
bets(1)Aclaimforpaymentofawinningbetmadeinrelationtoapproved wagering—Page 120Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct
of approved wagering[s 214](a)mustbemadewithin1yearaftertheholdingoftheevent or the happening of the
contingency to which thebet relates; and(b)must
be accompanied by the ticket for the winning bet,unlesstheclaimismadewithintheperiodallowedunder the rules for making claims without
production ofa ticket.(2)An
amount for a winning bet not claimed within the period of1yearmentionedinsubsection (1)mayberetainedbytheauthority operator who conducted the
wagering.(3)This section has effect despite
thePublicTrusteeAct1978,part
8.214Claims for payment(1)If a
claim for payment of a winning bet is made to a generaloperator, the operator must—(a)pay the relevant winnings to the
claimant; or(b)iftheoperatordisputes
theclaim—immediatelytrytoresolve the claim.(2)Ifawageringagent,foraclaimforpaymentmadetotheagent, disputes
the claim and is not able to resolve the claim,the agent must
refer the claim to the licence operator.(3)Ifanauthorityoperator,foraclaimforpaymentmadeorreferred to the operator, disputes the
claim and is not able toresolvetheclaim,theoperatormust,bywrittennotice(aclaim result notice)
given to the claimant, promptly informthe
claimant—(a)of the operator’s decision on the
claim; and(b)thatthepersonmay,within10daysofreceivingthenotice, ask the chief executive to review
the decision.(4)If the claim is not resolved, the
claimant may ask the chiefexecutive—Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 216](a)if
the claimant received a claim result notice—to reviewthe
authority operator’s decision; or(b)if
the claimant did not receive a claim result notice—toresolve the claim.(5)A
request to the chief executive under subsection (4)—(a)must be in the approved form;
and(b)if the claimant received a claim
result notice—must bemade within 10 days after receiving
the notice.(6)If a request is made to the chief
executive, the chief executivemustdealwiththerequestinthewayprescribedunderaregulation.216Reporting improper behaviour(1)This section applies if a general
operator becomes aware, orreasonably suspects, that—(a)a person, by a dishonest act, has
obtained a benefit forthepersonoranotherpersoninrelationtoapprovedwagering
involving the operator; or(b)there has been a
contravention of this Act, in relation toapprovedwageringinvolvingtheoperator,byawageringagent,anemployeeofawageringagentoranother person.(2)Within3daysofbecomingawareof,orsuspecting,thedishonest act or contravention, the general
operator must givethechiefexecutiveawrittennoticeadvisingthechiefexecutive of all
facts known to the operator about the matter.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(3)A
person must not mistreat another person because—(a)the other person has given, or may
give, a notice underthis section; or(b)the
person believes the other person has given, or maygive, a notice under this section.Page
122Current as at [Not applicable]
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of approved wagering[s 216AA]Maximumpenalty—200penaltyunitsor2yearsimprisonment.(4)In
this section—dishonest actmeans fraud,
misrepresentation or theft.mistreata
person means—(a)end the person’s employment or
prejudice the career ofthe person in another way; or(b)prejudice the safety of the person;
or(c)intimidate or harass the
person.Division 3Excluding
persons from approvedplaces of operation or taking part
inapproved wageringSubdivision
1AAPreliminary216AA Definition
for div 3In this division—general
operatordoes not include a permit holder.Subdivision 1Provisions about
self-exclusion216ASelf-exclusion notice(1)Apersonmaygivetoageneraloperatoranoticeintheapprovedform(aself-exclusionnotice)askingthegeneraloperator to
prohibit the person from taking part in approvedwageringat,orenteringorremainingin,theoperator’sapproved place
of operation.(2)The person must, if asked by the
general operator, give theoperator a recent photo of the person
together with the notice.Current as at [Not applicable]Page
123
Wagering Act 1998Part 11 Conduct of
approved wagering[s 216B](3)Ifageneraloperatorhasmorethan1approvedplaceofoperation,aself-exclusionnoticemayrelatetoastatedapprovedplaceofoperation,orallapprovedplacesofoperation, of the operator.Notauthorised—indicativeonly216BSelf-exclusion
order(1)Ifapersongivesageneraloperatoraself-exclusionnoticeundersection
216A,thegeneraloperatormustassoonaspracticable give to the person—(a)a notice in the approved form
(aself-exclusion order)prohibiting the person from entering or
remaining in, ortakingpartinapprovedwageringat,theoperator’sapproved place
of operation; and(b)details,includingthenameandaddress,ofatleast1entitythatprovidescounsellingservicesforproblemgamblers.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 effectunder section 216C(3);(ii)thedaythatis5yearsafterthedaytheorderisgiven to the person.216CRevoking self-exclusion order(1)A person who is given a self-exclusion
order may, by notice inthe approved form (arevocation notice) given to the
generaloperatorfortheapprovedplaceofoperationtowhichtheorder relates, revoke the order.(2)However, the person may revoke the
order only—(a)within 24 hours after the person
receives it; orPage 124Current as at
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of approved wagering[s 216D](b)after 1 year after the person receives
it.(3)A revocation notice takes
effect—(a)ifthenoticeisgiventothegeneraloperatorundersubsection
(2)(a)—when it is given to the operator; or(b)otherwise—28daysafterthedayitisgiventotheoperator.Subdivision
2Exclusion instigated by generaloperator216DExclusion direction(1)A
general operator may give a person a notice in the approvedform(anexclusiondirection)prohibitingthepersonfromtaking part in approved wagering at, or
entering or remainingin, the operator’s approved place of
operation if the operatorbelievesonreasonablegroundsthepersonisaproblemgambler.(2)Ifageneraloperatorhasmorethan1approvedplaceofoperation,anexclusiondirectionmayrelatetoastatedapprovedplaceofoperation,orallapprovedplacesofoperation, of the operator.(3)Ifageneraloperatordecidestogiveapersonanexclusiondirection,thedirectionmustbeaccompaniedbyaninformation notice for the
decision.216EDuration of exclusion directionAn
exclusion direction has effect for the period—(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 areview of the decision by the tribunal—when
thedecision is set aside;Current as at
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Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 216F](ii)if a
revocation notice for the direction takes effectundersection
216G(6)—whenthenoticetakeseffect;(iii)ifadecision,undersection
216G,refusingtorevoke the direction is set aside on a
review of thedecision by the tribunal—when the decision
is setaside;(iv)the
day that is 5 years after the day the direction isgiven to the person.216FApplication to revoke exclusion
direction(1)This section applies if a person is
prohibited from taking partinapprovedwageringat,orenteringorremainingin,ageneraloperator’sapprovedplaceofoperationunderanexclusion direction.(2)The person may apply to the general
operator for the approvedplace of operation to which the
direction relates for revocationof the
direction.(3)The application may only be made at
least 1 year after the daythe person is given the
direction.(4)The application must be—(a)in the approved form; and(b)supported by enough information to
enable the generaloperator to decide the application.(5)A person may apply under this section
only once each yearcommencingontheanniversaryofthedaythepersonwasgiven the direction.216GDeciding application to revoke exclusion
direction(1)This section applies to an application
under section 216F forrevocation of an exclusion
direction.Page 126Current as at
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of approved wagering[s 216H](2)Thegeneraloperatormustconsidertheapplicationand,within 28 days after receiving it, decide to
revoke or refuse torevoke the direction.(3)If
the general operator fails to decide the application within
28days after its receipt, the failure is taken
to be a decision bythe operator to refuse to revoke the
direction.(4)In considering the application, the
general operator may haveregard to the information supporting
the application and anyother information the operator
considers relevant, including,for example, a
report of a psychologist.(5)Ifthegeneraloperatordecidestorevokethedirection,theoperator must as soon as practicable give
the applicant noticeof the revocation in the approved form
(arevocation notice).(6)Arevocationnoticetakeseffectwhenitisgiventotheapplicant.(7)Ifthegeneraloperatordecidestorefusetorevokethedirection,theoperatormustassoonaspracticablegivetheapplicant an information notice for
the decision.Subdivision 3Other
provisions216HParticular persons not to take part in
approved wageringetc.(1)This
section applies to a person who is prohibited from takingpart
in approved wagering at, or entering or remaining in, ageneraloperator’sapprovedplaceofoperationunderaself-exclusion order or an exclusion
direction.(2)Thepersonmustnottakepartinapprovedwageringat,orenter or remain
in, the general operator’s approved place ofoperation.Maximum
penalty—40 penalty units.Current as at [Not applicable]Page
127
Wagering Act 1998Part 11 Conduct of
approved wagering[s 216I]Notauthorised—indicativeonly216ICounselling(1)This
section applies if a court finds a person (thedefendant)guilty of, or accepts a person’s plea
of guilty for, an offenceagainst section 216H(2).(2)The court may, if satisfied the
defendant is a problem gambler,postponeitsdecisiononpenaltyonconditionthatthedefendant agrees to attend counselling
on a basis decided bythe court.(3)The
agreement—(a)must provide for counselling of a kind
that may, in thecourt’sopinion,bebeneficialinhelpingtoovercomeharmful
behaviour related to gambling; and(b)must
provide for counselling over a period, of not morethan
12 months, fixed by the court; and(c)must
allow the counsellor a discretion to disclose to thecourt information about the defendant’s
participation inthe counselling if the counsellor believes
the disclosurewill help the court to exercise its powers
and discretionsin an appropriate way under this section;
and(d)must provide that the counsellor is to
report to the courtafailurebythedefendanttoattendcounsellingunderthe
agreement.(4)To decide whether the defendant is a
problem gambler and, ifso, whether counselling of an
appropriate kind is available, thecourt may have
regard to any information the court considersrelevant,
including, for example, a report of a psychiatrist or apsychologist.(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 fixedfor the counselling; or(b)if,duringtheperiodfixedforthecounselling,thedefendant advises the court that he or she
does not wantto continue with the counselling—as soon as
practicableafter the court receives the advice;
orPage 128Current as at
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of approved wagering[s 216J](c)if,duringtheperiodfixedforthecounselling,thecounsellorreportstothecourtthatthedefendanthasfailedtoattendcounsellingundertheagreementortoparticipate satisfactorily in the
counselling—as soon aspracticable after the court receives
the report.(6)In making its decision on penalty
after a postponement underthis section, the court—(a)mustconsiderwhetherand,ifso,towhatextent,thedefendanthasmadeagenuineattempttoovercomeharmful
behaviour related to gambling; and(b)may,
for considering the matters mentioned in paragraph(a),
have regard to the report of a counsellor appointedto
counsel the defendant under an agreement under thissection.216JObligation to prevent persons from taking
part inapproved wagering etc.(1)This
section applies to a general operator or an employee ofthe
operator if the operator or employee knows that a person isprohibitedfromtakingpartinapprovedwageringat,orenteringorremainingin,theoperator’sapprovedplaceofoperationunderaself-exclusionorderoranexclusiondirection.(2)The
general operator or employee must take reasonable stepsto
prevent the person from taking part in approved wageringat,
or entering or remaining in, the operator’s approved placeof
operation.Maximum penalty—(a)for
a general operator—250 penalty units; or(b)for
another person—40 penalty units.(3)Itislawfulforthegeneraloperatororemployeetousenecessaryandreasonableforcetopreventthepersonfromtaking part in approved wagering at, or
entering or remainingin, the operator’s approved place of
operation.Current as at [Not applicable]Page
129
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 216K](4)Theforcethatmaybeuseddoesnotincludeforcethatislikely to cause bodily harm to the
person.(5)Subsection (2) must not be construed
as requiring a generaloperator or an employee to use
reasonable force to prevent aperson from
taking part in approved wagering at, or enteringor
remaining in, the operator’s approved place of operation.(6)In this section—bodilyharmmeansanybodilyinjurythatinterfereswithhealth or comfort.216KRegister(1)A
general operator must keep a register, in the approved form,of
persons who are prohibited from taking part in approvedwageringat,orenteringorremainingin,theoperator’sapproved place
of operation under a self-exclusion order or anexclusion
direction.Maximum penalty—40 penalty units.(2)Thegeneraloperatormustkeeptheregisteravailableforinspection by an inspector.216LReport about prohibition under order
or direction(1)A regulation may require a general
operator to give the chiefexecutiveareportabouttheprohibitionofpersonsfromtaking part in approved wagering at, or
entering or remainingin,theoperator’sapprovedplaceofoperationunderaself-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
general operator must comply with the regulation.Maximum penalty—40 penalty units.Page
130Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct
of approved wagering[s 216M]216MDistributing promotional or advertising
material aboutapproved place of operationAgeneraloperatormustnotdistributepromotionaloradvertisingmaterialabouttheoperator’sapprovedplaceofoperationtopersonswhotheoperatorknowsoroughtreasonablytoknowareprohibitedfromtakingpartinapprovedwageringat,orenteringorremainingin,theapproved place of operation under a
self-exclusion order orexclusion direction.Maximum penalty—40 penalty units.Division 4Wagering
offences217Cheating(1)Apersonmustnot,inrelationtoapprovedwagering,dishonestly obtain a benefit by—(a)an act, practice or scheme; or(b)the use of a thing.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)Forsubsection (1),apersonobtainsabenefitifthepersonobtains for the
person or another person, or induces a personto deliver, give
or credit to the person or another person, anymoney, benefit,
advantage, valuable consideration or security.218Forgery and deception(1)A
person must not—(a)forge an official wagering document;
or(b)knowingly utter a forged official
wagering document.Maximumpenalty—200penaltyunitsor2yearsimprisonment.Current as at
[Not applicable]Page 131
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 219](2)A
person must not connive at the commission of an offenceagainst subsection (1).Maximumpenalty—200penaltyunitsor2yearsimprisonment.(3)Apersonforgesadocumentifthepersonmakesafalsedocument,
knowing it to be false, with the intention that—(a)it may be used or acted on to the
prejudice or benefit of aperson; or(b)a
person may, in the belief that it is genuine, be inducedto
do, or refrain from doing, something.(4)Withoutlimitingsubsection (3),agenuinedocumentmaybecome 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 materialrespect;
or(c)an addition of a false date,
signature, attestation, seal orother 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)inducesapersontouse,dealwithoractonthedocument; or(d)attempts to induce a person to use, deal
with or act onthe document.219Impersonating certain persons(1)A person must not pretend to be a
wagering agent, key personlicensee or wagering official.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)A
person must not connive at the commission of an offenceagainst subsection (1).Page 132Current as at [Not applicable]
Wagering Act 1998Part 11 Conduct
of approved wagering[s 220]Maximum penalty
for subsection (2)—200 penalty units or 2years
imprisonment.Notauthorised—indicativeonly220Bribery(1)Awageringofficialmustnotaskfor,receiveorobtain,oragree to receive or obtain, any money,
property or benefit ofanykindfortheofficialoranotherpersonforanimproperpurpose.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)A
person must not give, confer or obtain, or promise or offerto
give, confer or obtain, any money, property or benefit ofany
kind to, on or for a wagering official or another person foran
improper purpose.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(3)A
wagering official or other person does an act mentioned insubsection (1) or (2) for an improper
purpose if the official orother person does the act—(a)fortheofficialtoforegoorneglecttheofficial’sfunctions under
this Act, or to influence the official intheperformanceoftheofficial’sfunctionsunderthisAct;
or(b)because of anything already done or
omitted to be done,or to be afterwards done or omitted to be
done, by theofficialintheperformanceoftheofficial’sfunctionsunder this Act; or(c)for
the official to use, or take advantage of, the official’soffice improperly to gain a benefit or
advantage for, orfacilitate 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 oranother person.Current as at
[Not applicable]Page 133
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 221]221Restricted officials and licensees(1)The chief executive may—(a)declare a wagering official to be a
restricted official; or(b)declare a key
person licensee to be a restricted licensee.(2)However,adeclarationmaybemadeonlyifthechiefexecutive considers it appropriate to make
the declaration inthe public interest.(3)Adeclarationmustbemadebywrittennoticegiventothewagering official or key person
licensee.222Directions to restricted officials and
licensees(1)The chief executive may direct a
restricted official or licenseenot to
participate in—(a)approved wagering; or(b)approved wagering except in stated
circumstances or forstated purposes.(2)Also, the chief executive may direct a
restricted official not tohave a financial relationship with a
general operator.(3)However, a direction may be given only
if the chief executiveconsidersitappropriatetogivethedirectioninthepublicinterest.(4)Adirectionmustbegivenbywrittennoticegiventotherestricted official or
licensee.223Requirement to comply with direction
about wageringArestrictedofficialorlicenseemustnotparticipateinwageringincontraventionofadirectiongivenbythechiefexecutive under section 222.Maximum penalty—40 penalty units.Page
134Current as at [Not applicable]
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of approved wagering[s 224]224Relationship of restricted officials with
general operators(1)This section applies if a restricted
official has been given adirectionbythechiefexecutivenottohaveafinancialrelationship
with a general operator.(2)The restricted
official must not—(a)accept or solicit employment from a
general operator; or(b)be an employee
in any capacity of a general operator; or(c)knowingly have, directly or
indirectly—(i)a business or financial association
with a generaloperator; or(ii)abusinessorfinancialinteresttogetherwithageneral operator.Maximum
penalty—40 penalty units.(3)For 1 year after
ceasing to be a restricted official, the personmust not,
without the chief executive’s approval—(a)accept or solicit employment from a general
operator; or(b)be an employee in any capacity of a
general operator; or(c)knowingly have,
directly or indirectly—(i)a business or
financial association with a generaloperator;
or(ii)abusinessorfinancialinteresttogetherwithageneral operator.Maximum penalty
for subsection (3)—40 penalty units.225Relationship of restricted officials with
prospectiveauthority operators(1)Thissectionappliesifarestrictedofficialknowinglyhas,directly or indirectly—(a)a
business or financial association with another personwho
is a prospective authority operator; orCurrent as at
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Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 226](b)abusinessorfinancialinteresttogetherwithanotherperson who is a
prospective authority operator.(2)However, this section applies only if the
restricted official hasbeen given a direction by the chief
executive not to have afinancial relationship with a general
operator.(3)Immediately after the restricted
official becomes aware thattheotherpersonisaprospectiveauthorityoperator,theofficial must give written notice of the
official’s association orinterest to the chief
executive.Maximum penalty—40 penalty units.(4)Thechiefexecutivemay,bywrittennoticegiventotherestricted official, direct the
official to end the association, orgive up the
interest, within the time stated in the notice.(5)However, the chief executive may give the
direction only ifthe chief executive considers it appropriate
to take the actionin the public interest.(6)A
restricted official to whom a direction is given must complywith
the direction within the time stated in the notice.Maximum penalty—40 penalty units.(7)In this section—prospective
authority operatormeans—(a)a
person who has applied for a wagering authority butwhose application has not yet been decided;
or(b)a proposed wagering manager.226Relationship of general operators with
restricted officials(1)This section
applies to a general operator if a restricted officialhas
been given a direction by the chief executive not to have afinancial relationship with a general
operator.(2)However,thissectionappliesonlyifthegeneraloperatorknows, or ought reasonably to know, that the
restricted officialhas been given the direction.(3)The general operator must not—Page
136Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct
of approved wagering[s 227](a)employ the restricted official in any
capacity; or(b)knowingly have, directly or
indirectly—(i)abusinessorfinancialassociationwiththerestricted official; or(ii)abusinessorfinancialinteresttogetherwiththerestricted official.Maximum penalty—40 penalty units.(4)For 1 year after the person ceases to
be a restricted official, thegeneraloperatormustnot,withoutthechiefexecutive’sapproval—(a)employ the person in any capacity;
or(b)knowingly have, directly or
indirectly—(i)a business or financial association
with the person;or(ii)abusinessorfinancialinteresttogetherwiththeperson.Maximum penalty
for subsection (4)—40 penalty units.227Participation by minors prohibited(1)A person involved in the conduct of
approved wagering mustnot, in relation to the conduct of the
wagering—(a)acceptabetfrom,orgiveaticketorotheracknowledgement
for a bet to, a minor; or(b)allowaminortoestablishanaccountforconductingbetting by
telephone; or(c)otherwise allow a minor to take part
in wagering.Maximum penalty—40 penalty units.(2)It is a defence to a charge against
subsection (1) to prove thatthe defendant
had no reason to believe, and did not believe,thatthepersonwhoseageismaterialtotheoffencewasaminor.Current as at [Not applicable]Page
137
Notauthorised—indicativeonlyWagering Act 1998Part 11 Conduct of
approved wagering[s 228](3)A
minor must not take part in approved wagering.Maximum
penalty—25 penalty units.228Employment of
minors prohibited(1)Ageneraloperatormustnot,inrelationtotheconductofapproved wagering—(a)employaminortosellorgiveaticketorotheracknowledgement
for a bet to a person; or(b)employ a minor
in any other capacity.Maximum penalty—40 penalty
units.(2)Subsection (1) does not apply to a
general operator, in relationto the
employment of a minor, if—(a)the general
operator is—(i)a designated wagering manager;
or(ii)awageringagentofadesignatedwageringmanager; and(b)thegeneraloperatoremploystheminorforapurposerelatingtotheconductofthegametheoperationsforwhich the designated wagering manager is
appointed aswagering manager.(3)In
this section—designatedwageringmanagermeansawageringmanagerappointedbyawageringlicenseetomanagetheoperationsrelatingtothegame‘SportsTipping’conductedunderthelicensee’s wagering licence.Page
138Current as at [Not applicable]
Notauthorised—indicativeonlyPart
12Wagering Act 1998Part 12
Investigation and enforcement[s 229]Investigation and enforcementDivision 1InspectorsSubdivision
1Appointment of inspectors229Appointment 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 aregulation;
and(b)the chief executive is satisfied the
person is qualified forthe appointment because—(i)thepersonhasthenecessaryexpertiseorexperience; or(ii)thechiefexecutiveconsidersthepersonhastheability to quickly acquire the
necessary expertise;and(c)the
chief executive is satisfied the person is a suitableperson to be an inspector, having regard
to—(i)the person’s character; and(ii)the person’s
current financial position and financialbackground;
and(iii)anyothermatterthechiefexecutiveconsidersrelevanttotheperson’ssuitabilitytobeaninspector.Current as at
[Not applicable]Page 139
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Investigation and enforcement[s 230]Subdivision 2Other matters
about inspectors230Conditions and limit on powers(1)An inspector holds office on any
conditions stated in—(a)the inspector’s
instrument of appointment; or(b)a
signed notice given to the inspector; or(c)a
regulation.(2)The instrument of appointment, a
signed notice given to theinspectororaregulationmaylimittheinspector’spowersunder this Act.(3)In
this section—signed noticemeans a notice
signed by the chief executive.231Issue
of identity card(1)Thechiefexecutivemustissueanidentitycardtoeachinspector.(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)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and other purposes.232Production or display of identity
card(1)In exercising a power under this Act
in relation to a person, aninspector
must—(a)producetheinspector’sidentitycardfortheperson’sinspection
before exercising the power; orPage 140Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 12
Investigation and enforcement[s 233](b)have the identity card displayed so it
is clearly visible tothe 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’sinspection at
the first reasonable opportunity.(3)For
subsection (1), an inspector does not exercise a power inrelation to a person only because the
inspector has entered aplace as mentioned in section 238(a)
or (d).233When inspector ceases to hold
office(1)Aninspectorceasestoholdofficeifanyofthefollowinghappens—(a)the term of office stated in a
condition of office ends;(b)under another
condition of office, the inspector ceases tohold
office;(c)theinspector’sresignationundersection 234takeseffect.(2)Subsection (1) does not limit the ways an
inspector may ceaseto hold office.(3)In
this section—condition of officemeans a
condition on which the inspectorholds
office.234ResignationAn inspector may
resign by signed notice given to the chiefexecutive.235Return of identity cardApersonwhoceasestobeaninspectormustreturntheperson’s identity card to the chief
executive immediately afterceasing to be an
inspector unless the person has a reasonableexcuse.Current as at [Not applicable]Page
141
Notauthorised—indicativeonlyWagering Act 1998Part 12
Investigation and enforcement[s 236]Maximum penalty—40 penalty units.Subdivision 3Audit program
and report aboutcriminal history236Audit
program(1)The Minister may approve an audit
program for investigatinginspectors.(2)Thechiefexecutivemayinvestigateaninspectorunderanapprovedauditprogramtohelpthechiefexecutivedecidewhether the
inspector is a suitable person to be an inspector,having regard to—(a)the
inspector’s character; and(b)theinspector’scurrentfinancialpositionandfinancialbackground;
and(c)any other matter the chief executive
considers relevantto the person’s suitability to be an
inspector.(3)However,thechiefexecutivemayinvestigateaninspectorunder subsection
(2) only once every 2 years, unless the chiefexecutive
reasonably suspects the inspector is not a suitablepersontobeaninspectorhavingregardtothemattersmentioned in subsection (2).(4)The chief executive must ensure the
investigation is conductedunder the approved audit
program.(5)In this section—approved audit
programmeans an audit program approved bythe
Minister under subsection (1).237Report about criminal history(1)To help decide whether a person is a
suitable person to be aninspector or continue as an inspector,
the chief executive mayPage 142Current as at
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Investigation and enforcement[s 238]ask
the commissioner of the police service for a written reportabout the person’s criminal history.(2)If asked by the chief executive, the
commissioner of the policeservice must give the chief executive
a written report about thecriminal history of the person.(3)The duty imposed on the commissioner
of the police serviceapplies only to information in the
commissioner’s possessionor to which the commissioner has
access.Division 2Powers of
inspectorsSubdivision 1Power to enter
places238Entry without consent or
warrantAninspectormay,withouttheoccupier’sconsentorawarrant,
enter—(a)a public place; or(b)a
place where approved wagering is being, or is about tobe,
conducted; or(c)a place where a general operator
carries on business atany time when the place is open for
carrying on businessor otherwise open for entry; or(d)the land around premises to ask its
occupier for consentto enter the premises.239Entry with consent or warrantUnlessaninspectorisauthorisedtoenteraplaceundersection 238, 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]Page
143
Wagering Act 1998Part 12
Investigation and enforcement[s 240]Subdivision 2Consents and
warrants for entryNotauthorised—indicativeonly240Consent to
entry(1)This section applies if an inspector
intends to ask an occupierofaplacetoconsenttotheinspectororanotherinspectorentering the place.(2)Beforeaskingfortheconsent,theinspectormusttelltheoccupier—(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 tosignanacknowledgementoftheconsent(aconsentacknowledgement).(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)theoccupiergivestheinspectorconsenttoentertheplace and exercise powers under this part;
and(d)the time and date the consent was
given.(5)Iftheoccupiersignsaconsentacknowledgement,theinspector must promptly give a copy to the
occupier.241Evidence of consent(1)Subsection (2) applies if—(a)anissuearisesinacourtproceedingwhethertheoccupier of a place consented to an
inspector enteringthe place under this part; and(b)a consent acknowledgement is not
produced in evidencefor the entry; andPage 144Current as at [Not applicable]
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Investigation and enforcement[s 242](c)it is not proved the occupier
consented to the entry.(2)The court may
presume the occupier did not consent.242Application for warrant(1)Aninspectormayapplytoamagistrateforawarrantforaplace.(2)The
application must be sworn and state the grounds on whichthe
warrant is sought.(3)The magistrate may refuse to consider
the application until theinspectorgivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.243Issue of warrant(1)The
magistrate may issue a warrant only if the magistrate issatisfied there are reasonable grounds for
suspecting—(a)there is a particular thing or
activity (theevidence) thatmay
provide evidence of an offence against this Act; and(b)theevidenceisattheplace,ormaybeattheplace,within the next
7 days.(2)The warrant must state—(a)thatastatedinspectormay,withnecessaryandreasonable help and force, enter the place
and exercisethe 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)thehoursofthedayornightwhentheplacemaybeentered; andCurrent as at
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Investigation and enforcement[s 244](e)thedate,within14daysafterthewarrant’sissue,thewarrant ends.244Special warrants(1)An
inspector may apply for a warrant (aspecial
warrant) byphone,fax,radiooranotherformofcommunicationiftheinspector considers it necessary
because of—(a)urgent circumstances; or(b)other special circumstances,
including, for example, theinspector’s
remote location.(2)Before applying for the warrant, the
inspector must prepare anapplicationstatingthegroundsonwhichthewarrantissought.(3)Theinspectormayapplyforthewarrantbeforetheapplication is sworn.(4)After issuing the warrant, the
magistrate must promptly fax acopy to the
inspector if it is reasonably practicable to fax thecopy.(5)Ifitisnotreasonablypracticabletofaxacopytotheinspector—(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)theinspectormustcompleteaformofwarrant(awarrant 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)Thefacsimilewarrant,orthewarrantformproperlycompletedbytheinspector,authorisestheentryandthePage 146Current as at
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Investigation and enforcement[s 245]exercise of the other powers stated in the
warrant issued by themagistrate.(7)The
inspector must, at the first reasonable opportunity, send tothe
magistrate—(a)the sworn application; and(b)iftheinspectorcompletedawarrantform—thecompleted warrant form.(8)On
receiving the documents, the magistrate must attach themto
the warrant.245Evidence about special warrants(1)Subsection (2) applies if—(a)an issue arises in a court proceeding
whether a powerexercisedbyaninspectorwasnotauthorisedbyaspecial warrant; and(b)the warrant is not produced in
evidence.(2)Thecourtmustpresumetheexerciseofthepowerwasnotauthorised by a special warrant,
unless the contrary is proved.Subdivision
3General powers246General 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’sconsent to enter
premises, this section applies to the inspectoronlyiftheconsentisgivenortheentryisotherwiseauthorised.(3)FormonitoringorenforcingcompliancewiththisAct,theinspector may—(a)search any part of the place; orCurrent as at [Not applicable]Page
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Investigation and enforcement[s 247](b)inspect, measure, test, photograph or
film any part of theplace or anything at the place;
or(c)take a thing, or a sample of or from a
thing, at the placefor analysis or testing; or(d)copy a document at the place;
or(e)access,electronicallyorinsomeotherway,asystemused at the
place for conducting approved wagering orforadministrativepurposesrelatedtotheconductofapproved wagering; or(f)take
into or onto the place any person, equipment andmaterialstheinspectorreasonablyrequiresforexercising a power under this part;
or(g)requiretheoccupieroftheplace,orapersonattheplace, to give the inspector
reasonable help to exercisethe inspector’s
powers under paragraphs (a) to (f); or(h)requiretheoccupieroftheplace,orapersonattheplace,togivetheinspectorinformationtohelptheinspector ascertain whether this Act is
being compliedwith.(4)Whenmakingarequirementmentionedinsubsection (3)(g)or (h), the
inspector must warn the person it is an offence tofail
to comply with the requirement, unless the person has areasonable excuse.247Failure to help inspector(1)Apersonrequiredtogivereasonablehelpundersection
246(3)(g)mustcomplywiththerequirement,unlessthe
person has a reasonable excuse.Maximum
penalty—40 penalty units.(2)If the
requirement is to be complied with by the person givinginformation, or producing a document (other
than a documentrequiredtobekeptbythepersonunderthisAct),itisareasonable excuse for the person to fail to
comply with thePage 148Current as at
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Investigation and enforcement[s 248]requirement, if complying with the
requirement might tend toincriminate the person.Notauthorised—indicativeonly248Failure to give information(1)Apersonofwhomarequirementismadeundersection 246(3)(h)mustcomplywiththerequirement,unlessthe
person has a reasonable excuse.Maximum
penalty—40 penalty units.(2)It is a
reasonable excuse for the person to fail to comply withthe
requirement if complying with the requirement might tendto
incriminate the person.Subdivision 4Power to seize
evidence249Seizing evidence at place that may be
entered withoutconsent or warrantAn inspector who
enters a place that may be entered underthispartwithouttheconsentoftheoccupierandwithoutawarrant,mayseizeathingattheplaceiftheinspectorreasonably
believes the thing is evidence of an offence againstthis
Act.250Seizing evidence at place that may
only be entered withconsent or warrant(1)This
section applies if—(a)an inspector is authorised to enter a
place under this partonly with the consent of the occupier
or a warrant; and(b)theinspectorenterstheplaceafterobtainingthenecessary 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—(a)the inspector reasonably believes the
thing is evidenceof an offence against this Act; andCurrent as at [Not applicable]Page
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Investigation and enforcement[s 251](b)seizureofthethingisconsistentwiththepurposeofentryastoldtotheoccupierwhenaskingfortheoccupier’s consent.(3)If the inspector enters the place with
a warrant, the inspectormay seize the evidence for which the
warrant was issued.(4)The inspector also may seize anything
else at the place if theinspector reasonably believes—(a)the thing is evidence of an offence
against this Act; 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,theinspectormayseizeathingattheplaceiftheinspectorreasonablybelievesithasjustbeenusedincommitting an offence against this
Act.251Securing things after seizureHaving seized a thing, an inspector
may—(a)move the thing from the place where it
was seized (theplace of seizure); or(b)leave the thing at the place of
seizure but take reasonableaction to
restrict access to it.Examples of restricting access to a
thing—1sealingathingandmarkingittoshowaccesstoitisrestricted2sealing the entrance to a room where the
thing is situatedand marking it to show access to it is
restricted252Tampering with things subject to
seizureIf an inspector restricts access to a thing
subject to seizure, aperson must not tamper, or attempt to
tamper, with the thing,orsomethingrestrictingaccesstothething,withoutaninspector’s approval.Page 150Current as at [Not applicable]
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Investigation and enforcement[s 253]Maximum penalty—40 penalty units.253Powers to support seizure(1)To enable a thing to be seized, an
inspector may require theperson in control of it—(a)totakeittoastatedreasonableplacebyastatedreasonable time; and(b)if
necessary, to remain in control of it at the stated placefor
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 notice in theapproved form—may be made orally and
confirmed bynotice in the approved form as soon as
practicable.(3)A person of whom a requirement is made
must comply withthe requirement, unless the person has a
reasonable excuse.Maximum penalty—40 penalty units.(4)A further requirement may be made
under this section aboutthe same thing if it is necessary and
reasonable to make thefurther requirement.254Receipts to be given on seizure(1)As soon as practicable after an
inspector seizes a thing, theinspector must
give a receipt for it to the person from whom itwas
seized.(2)However, if for any reason it is not
practicable to comply withsubsection (1),theinspectormustleavethereceiptattheplace of seizure in a conspicuous
position and in a reasonablysecure
way.(3)The receipt must describe generally
each thing seized and itscondition.Current as at
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Investigation and enforcement[s 255](4)This section does not apply to a thing
if it is impracticable orwould be unreasonable to give the
receipt (given the thing’snature, condition and value).Notauthorised—indicativeonly255Forfeiture(1)A thing that has been seized under
this part is forfeited to theState if the
inspector who seized the thing—(a)cannotfinditsowner,aftermakingreasonableinquiries;
or(b)can not return it to its owner, after
making reasonableefforts; or(c)reasonably believes it is necessary to
retain the thing toprevent it being used to commit an offence
against thisAct.(2)In
applying subsection (1)—(a)subsection
(1)(a) does not require the inspector to makeinquiries if it
would be unreasonable to make inquiriesto find the
owner; and(b)subsection (1)(b) does not require the
inspector to makeeffortsifitwouldbeunreasonabletomakeeffortstoreturn the thing to its owner.(3)If a thing is forfeited because of a
decision of the inspectorunder subsection (1)(c), the inspector
must tell the owner ofthe decision by written notice.(4)Subsection (3) does not apply
if—(a)theinspectorcannotfindtheowner,aftermakingreasonable
inquiries; or(b)it is impracticable or would be
unreasonable to give thenotice.(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—Page 152Current as at
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Investigation and enforcement[s 256](i)whetheritisreasonabletomakeinquiriesorefforts; and(ii)ifmakinginquiriesorefforts—whatinquiriesorefforts are reasonable; or(b)indecidingwhetheritwouldbeunreasonabletogivenotice about a
thing.256Return of things that have been
seized(1)If a thing has been seized but not
forfeited, the inspector mustreturn it to its
owner—(a)at the end of 6 months; or(b)ifaproceedingforanoffenceinvolvingthethingisstarted within 6 months—at the end of the
proceedingand any appeal from the proceeding.(2)Despite subsection (1), unless the
thing has been forfeited, theinspector must
promptly return a thing seized as evidence toits owner if the
inspector stops being satisfied its continuedretention as
evidence is necessary.257Access to things
that have been seized(1)Until a thing
that has been seized is forfeited or returned, aninspectormustallowitsownertoinspectitand,ifitisadocument, to copy it.(2)Subsection (1) does not apply if it is
impracticable or wouldbe unreasonable to allow the
inspection or copying.Subdivision 5Power to give
directions to stopusing things258Direction to stop using thing(1)This section applies if an inspector
reasonably believes—Current as at [Not applicable]Page
153
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Investigation and enforcement[s 259](a)athingusedintheconductofapprovedwageringisunsatisfactory 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 approvedwagering;
or(ii)adversely affect
the public interest.(2)The inspector
may direct the person who has, or reasonablyappears to have,
authority to exercise control over the thing tostop using the
thing, or allowing the thing to be used, in theconduct of
approved wagering.259Requirements about stop
directions(1)Adirectiongiventoapersonundersection 258(astopdirection)maybegivenorallyorbywrittennotice(astopnotice).(2)However, if the
direction is given orally, it must be confirmedby written
notice (also astop notice) given to the
person assoon as practicable.(3)A
stop direction may be given for a thing at a place occupiedbyageneraloperatororanotherpersoninvolvedintheconduct of approved wagering.(4)A stop direction does not apply to a
use of the thing carriedout for repairing or testing the
thing.(5)A stop notice must state—(a)the grounds on which the inspector
believes the thing isunsatisfactory; and(b)thecircumstances(ifany)underwhichthestopdirection may be
cancelled.260Failure to comply with stop
directionA person to whom a stop direction is given
must comply withthe direction.Page 154Current as at [Not applicable]
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Investigation and enforcement[s 261]Maximum penalty—40 penalty units.Subdivision 6Power to obtain
information261Power to require name and
address(1)This section applies if—(a)aninspectorfindsapersoncommittinganoffenceagainst this
Act; or(b)an inspector finds a person in
circumstances that lead, orhas information
that leads, the inspector reasonably tosuspect the
person has just committed an offence againstthis Act.(2)Theinspectormayrequirethepersontostatetheperson’sname and
residential address.(3)When making the
requirement, the inspector must warn theperson it is an
offence to fail to state the person’s name orresidential
address, unless the person has a reasonable excuse.(4)The inspector may require the person
to give evidence of thecorrectnessofthestatednameorresidentialaddressiftheinspector
reasonably suspects the stated name or address to befalse.(5)A
requirement under subsection (2) or (4) is called apersonaldetails
requirement.262Failure to give
name or address(1)Apersonofwhomapersonaldetailsrequirementismademustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—40 penalty units.(2)A person does
not commit an offence against subsection (1)if—Current as at [Not applicable]Page
155
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Investigation and enforcement[s 263](a)the person was required to state the
person’s name andresidentialaddressbyaninspectorwhosuspectedtheperson had committed an offence against this
Act; and(b)the person is not proved to have
committed the offence.263Power to require
production of documents(1)Aninspectormayrequireapersontomakeavailableforinspectionbyaninspector,orproducetotheinspectorforinspection, at a reasonable time and place
nominated by theinspector—(a)a
document issued to the person under this Act; or(b)a document required to be kept by the
person under thisAct; or(c)if
the person is a general operator—a document kept bytheoperatorabouttheconductofapprovedwageringinvolving the operator.(2)The
inspector may keep the document to copy it.(3)Iftheinspectorcopiesthedocument,oranentryinthedocument,theinspectormayrequirethepersonresponsiblefor keeping the
document to certify the copy as a true copy ofthe document or
entry.(4)The inspector must return the document
to the person as soonas practicable after copying
it.(5)However,ifarequirement(adocumentcertificationrequirement)ismadeofapersonundersubsection (3),theinspector may keep the document until the
person complieswith the requirement.(6)Arequirementundersubsection (1)iscalledadocumentproduction
requirement.Page 156Current as at
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Investigation and enforcement[s 264]264Failure to produce document(1)Apersonofwhomadocumentproductionrequirementismademustcomplywiththerequirement,unlessthepersonhas a reasonable
excuse.Maximum penalty—40 penalty units.(2)It is a reasonable excuse for a person
not to comply with adocumentproductionrequirementifcomplyingwiththerequirement might tend to incriminate
the person.265Failure to certify copy of
documentApersonofwhomadocumentcertificationrequirementismademustcomplywiththerequirement,unlessthepersonhas a reasonable
excuse.Maximum penalty—40 penalty units.266Power to require attendance of
persons(1)An inspector may require a person, or
an executive officer of acorporation, of whom a document
production requirement hasbeen made to attend before the
inspector to answer questionsorgiveinformationaboutthedocumenttowhichtherequirement relates.(2)Aninspectormayrequireanyofthefollowingpersonstoattendbeforetheinspectortoanswerquestionsorgiveinformation
about an authority operator’s operations—(a)the
authority operator or, if the operator is a corporation,an
executive officer of the operator;(b)alicensedemployeeemployedbytheauthorityoperator;(c)iftheauthorityoperatorisalicenceoperator—awageringagentappointedbytheoperatoror,ifthewagering agent is a corporation, an
executive officer ofthe corporation;Current as at
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Investigation and enforcement[s 267](d)anemployeeofawageringagentmentionedinparagraph (c);(e)anotherpersonassociatedwiththeoperations,ormanagement of the operations, of—(i)the authority operator; or(ii)a wagering agent
mentioned in paragraph (c).(3)Aninspectormayrequireanyofthefollowingpersonstoattendbeforetheinspectortoanswerquestionsorgiveinformation
about a wagering agent’s operations—(a)the
wagering agent or, if the agent is a corporation, anexecutive officer of the agent;(b)an employee of the wagering
agent;(c)the licence operator by whom the agent
is appointed or,ifthelicenceoperatorisacorporation,anexecutiveofficer of the
corporation;(d)anotherpersonassociatedwiththeoperations,ormanagement of the operations, of—(i)the wagering agent; or(ii)the licence
operator mentioned in paragraph (c).(4)A
requirement made of a person under this section must—(a)be made by written notice given to the
person; and(b)stateareasonabletimeandplacefortheperson’sattendance.(5)When
making the requirement, the inspector must warn theperson it is an offence to fail to comply
with the requirement,unless the person has a reasonable
excuse.267Failure to comply with requirement
about attendance(1)A person of whom a requirement is made
under section 266must not, unless the person has a reasonable
excuse—(a)fail to attend before the inspector at
the time and placestated in the relevant notice; orPage
158Current as at [Not applicable]
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Investigation and enforcement[s 268](b)when attending before the
inspector—(i)failtocomplywitharequirementtoansweraquestion or give information; or(ii)stateanythingthepersonknowstobefalseormisleading in a material
particular.Maximum penalty—40 penalty units.(2)It is a reasonable excuse for a person
to fail to comply with arequirementtoansweraquestionorgiveinformationifcomplying with the requirement might tend to
incriminate theperson.268Power
to require financial records(1)This
section applies to a person who is the manager or otherprincipal officer at a place of business of
a financial institutionat which a general operator keeps an
account relating to theoperator’s operations.(2)Aninspectormay,bywrittennoticegiventotheperson,require the
person to give to the inspector, within the time (notless
than 7 days) stated in the notice—(a)a
statement of account for the account; or(b)copiesofchequesorotherrecordsrelevanttotheaccount; or(c)otherparticularsordocumentsrelevanttotheaccountstated in the notice.(3)An
inspector may make a requirement under subsection (2) (afinancial records requirement)
only with the written approvalof the chief
executive.269Effect of compliance with financial
records requirement(1)No liability for breach of trust or on
any other basis attaches toapersonwhoisthemanagerorotherprincipalofficerataplace of business of a financial
institution merely because theperson complies
with a financial records requirement.Current as at
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Investigation and enforcement[s 270](2)No liability for breach of trust or on
any other basis attaches toafinancialinstitutionmerelybecauseapersonwhoisthemanager or other
principal officer at a place of business of theinstitution
complies with a financial records requirement.Notauthorised—indicativeonly270Failure to comply
with financial records requirementApersonofwhomafinancialrecordsrequirementismademust comply with
the requirement within the time stated inthe relevant
notice, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.Division 3Powers of
Minister271Direction about management
practice(1)This section applies if the Minister
reasonably believes—(a)themanagement,supervisionorcontrolofapartofageneraloperator’soperations(themanagementpractice) is
unsatisfactory; and(b)the management practice may—(i)compromiseproperstandardsofintegrityintheconduct of approved wagering;
or(ii)adversely affect
the public interest in some otherway.(2)TheMinistermaydirectthegeneraloperatortostop,orchange, the management practice.(3)The direction must—(a)be in writing; and(b)statethegroundsonwhichtheMinisterbelievesthemanagement practice is unsatisfactory;
and(c)ifthepersonisrequiredtochangethemanagementpractice—clearlydescribehowthepracticeistobechanged; andPage 160Current as at [Not applicable]
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Investigation and enforcement[s 272](d)statewhenthepersonisrequiredtocomplywiththedirection.(4)A
person to whom a direction is given must comply with thedirection, unless the person has a
reasonable excuse.Maximum penalty for subsection (4)—40
penalty units.Division 4General
enforcement matters272Forfeiture on conviction(1)On conviction of a person for an
offence against this Act, thecourt 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 thinghas been returned to its owner.(3)Thecourtmaymakeanyordertoenforcetheforfeitureitconsiders appropriate.(4)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.273Dealing with forfeited things(1)On the forfeiture of a thing to the
State, the thing becomes theState’s property
and may be dealt with by the chief executiveas the chief
executive considers appropriate.(2)Withoutlimitingsubsection (1),thechiefexecutivemaydestroy the thing.Current as at
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Investigation and enforcement[s 274]274Notice of damage(1)This
section applies if—(a)aninspectordamagessomethingwhenexercisingorpurporting to exercise a power; or(b)aperson(theofficiatingperson)actingunderthedirection of an inspector damages
something.(2)The inspector must promptly give
written notice of particularsof the damage to
the person who appears to the inspector to bethe owner of the
thing.(3)If the inspector believes the damage
was caused by a latentdefect in the thing or circumstances
beyond the control of theinspectororofficiatingperson,theinspectormaystatethebelief in the notice.(4)If,foranyreason,itisimpracticabletocomplywithsubsection (2),theinspectormustleavethenoticeinaconspicuous position and in a
reasonably secure way wherethe damage
happened.(5)Thissectiondoesnotapplytodamagetheinspectorreasonably
considers trivial.(6)In this section—owner, of
a thing, includes the person in possession or controlof
it.275Compensation(1)A
person may claim compensation from the State if the personincurslossorexpensebecause
oftheexerciseorpurportedexercise of a
power under any of the following subdivisions ofdivision 2—•subdivision 1 (Power to enter places)•subdivision 3 (General powers)•subdivision 4 (Power to seize
evidence)•subdivision 6 (Power to obtain
information).Page 162Current as at
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Investigation and enforcement[s 276](2)Withoutlimitingsubsection (1),compensationmaybeclaimedforlossorexpenseincurredincomplyingwitharequirement made of the person under
the subdivision.(3)Compensation may be claimed and
ordered in a proceeding—(a)brought in a
court with jurisdiction in proceedings forthe recovery of
the amount of compensation claimed; or(b)foranoffenceagainstthisActbroughtagainsttheperson claiming compensation.(4)Acourtmayordercompensationtobepaidonlyifitissatisfied it is just to make the order in
the circumstances of theparticular case.(5)Aregulationmayprescribemattersthatmay,ormust,betaken into account by the court when
considering whether it isjust to make the order.276Protecting officials from
liability(1)In this section—officialmeans—(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 omissionmade, honestly and without negligence
under this Act.(3)Ifsubsection
(2)preventsacivilliabilityattachingtoanofficial, the liability attaches
instead to the State.Current as at [Not applicable]Page
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Investigation and enforcement[s 277]Division 5General
enforcement offences277False or misleading statements(1)A person must not state anything to an
inspector the personknows to be false or misleading in a
material particular.Maximum penalty—40 penalty
units.(2)Itisenoughforacomplaintforanoffenceagainstsubsection (1)tostatethatthestatementmadewasfalseormisleading to the person’s knowledge.278False, misleading or incomplete
documents(1)A person must not give an inspector a
document containinginformationthepersonknowstobefalse,misleadingorincomplete in a material particular.Maximum penalty—40 penalty units.(2)Subsection (1) does not apply to a
person if the person, whengiving the document—(a)tells the inspector, to the best of
the person’s ability, howit is false, misleading or incomplete;
and(b)if the person has, or can reasonably
obtain, the correctinformation—gives the correct
information.(3)Also, a person must not make an entry
in a document requiredor permitted to be made or kept under
this Act knowing theentrytobefalse,misleadingorincompleteinamaterialparticular.Maximum
penalty—40 penalty units.(4)Itisenoughforacomplaintforanoffenceagainstsubsection (1) or (3) to state that the
document or entry wasfalse, misleading or incomplete to the
person’s knowledge.Page 164Current as at
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proceedings[s 279]279Obstructing inspectors(1)A
person must not obstruct an inspector in the exercise of apower, unless the person has a reasonable
excuse.Maximum penalty—40 penalty units.(2)Ifapersonhasobstructedaninspectorandtheinspectordecidestoproceedwiththeexerciseofthepower,theinspector must warn the person that—(a)itisanoffencetoobstructtheinspector,unlesstheperson has a reasonable excuse;
and(b)theinspectorconsiderstheperson’sconductanobstruction.Part 13Legal proceedingsDivision 1Evidence280Application of divisionThis division
applies to a proceeding under this Act.281Appointments and authorityIt
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 doanything under this Act.282SignaturesAsignaturepurportingtobethesignatureofthechiefexecutiveoraninspectorisevidenceofthesignatureitpurports to be.Current as at
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proceedings[s 283]Notauthorised—indicativeonly283Evidentiary
aids(1)A certificate purporting to be signed
by the chief executivestatinganyofthefollowingmattersisevidenceofthematter—(a)a
stated document is one of the following things made,given, issued or kept under this Act—(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 thisAct;(c)astateddocumentisacopyofathingmentionedinparagraph (a) or (b);(d)on a stated day, or during a stated
period, a stated personwas 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)onastatedday,alicencewassuspendedforastatedperiod or
cancelled;(g)onastatedday,orduringastatedperiod,astatedappointment(includingaperson’sappointmentasaninspector) or a stated approval was,
or was not, in forcefor a stated person or thing;(h)on a stated day, a stated person was
given a stated noticeor direction under this Act;(i)onastatedday,astatedrequirementwasmadeofastated person;(j)astatedamountispayableunderthisActbyastatedperson and has not been paid;(k)anything else prescribed under a
regulation.Page 166Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 13 Legal
proceedings[s 284](2)In
this section—licencemeans a wagering
licence, oncourse wagering permitor key person
licence.Division 2Proceedings284Indictable and summary offences(1)Anoffenceagainstsection
217,218or220isanindictableoffence.(2)Any other offence against this Act is
a summary offence.285Proceedings for indictable
offences(1)A proceeding for an indictable offence
against this Act maybe taken, at the election of the
prosecution—(a)by way of summary proceedings under
theJustices Act1886;
or(b)on indictment.(2)A
magistrate must not hear an indictable offence summarilyif—(a)thedefendantasksatthestartofthehearingthatthecharge be prosecuted on indictment;
or(b)themagistrateconsidersthechargeshouldbeprosecuted on indictment.(3)If subsection (2) applies—(a)the magistrate must proceed by way of
an examinationof witnesses for an indictable offence;
and(b)apleaofthepersonchargedatthestartoftheproceedings must be disregarded;
and(c)evidencebroughtintheproceedingsbeforethemagistrate decided to act under
subsection (2) is takenCurrent as at [Not applicable]Page
167
Notauthorised—indicativeonlyWagering Act 1998Part 13 Legal
proceedings[s 286]to be evidence
in the proceeding for the committal of theperson for trial
or sentence; and(d)before committing the person for trial
or sentence, themagistratemustmakeastatementtothepersonasrequired by theJustices Act
1886, section 104(2)(b).(4)The
maximum penalty that may be summarily imposed for anindictable offence is 165 penalty
units.286Limitation on who may summarily hear
indictable offenceproceedings(1)Aproceedingmustbebeforeamagistrateifitisaproceeding—(a)for
the summary conviction of a person on a charge ofan
indictable offence; or(b)foranexaminationofwitnessesforachargeofanindictable offence.(2)However, if a proceeding for an
indictable offence is broughtbefore a justice
who is not a magistrate, jurisdiction is limitedto
taking or making a procedural action or order within themeaning of theJustices of the
Peace and Commissioners forDeclarations Act
1991.287Limitation on
time for starting summary proceedingsAproceedingforanoffenceagainstthisActbywayofsummary proceeding under theJustices Act 1886may start
atany time but, if started more than 1 year
after the commissionof the offence, must start within 6
months after the offencecomes to the complainant’s
knowledge.288Responsibility for acts or omissions
of representatives(1)In this section—representativemeans—Page
168Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 13 Legal
proceedings[s 289](a)ofacorporation—anexecutiveofficer,employeeoragent of the corporation; or(b)ofanindividual—anemployeeoragentoftheindividual.state of
mindof a person includes—(a)theperson’sknowledge,intention,opinion,belieforpurpose; and(b)the
person’s reasons for the intention, opinion, belief orpurpose.(2)Subsections (3) and (4) apply in a
proceeding for an offenceagainst this Act.(3)Ifitisrelevanttoproveaperson’sstateofmindaboutaparticular act or omission, it is
enough to show—(a)theactwasdoneoromittedtobedonebyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority; and(b)the representative had the state of
mind.(4)Anactdoneoromittedtobedoneforapersonbyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority is taken to havebeen done or omitted to be done also
by the person, unless thepersonprovesthepersoncouldnot,bytheexerciseofreasonable diligence, have prevented the act
or omission.289Executive officer may be taken to have
committedoffence against s 172(1)If a
corporation commits an offence against section 172, eachexecutiveofficerofthecorporationistakentohavealsocommitted the offence if—(a)theofficerauthorisedorpermittedthecorporation’sconduct
constituting the offence; or(b)theofficerwas,directlyorindirectly,knowinglyconcerned in the corporation’s
conduct.Current as at [Not applicable]Page
169
Notauthorised—indicativeonlyWagering Act 1998Part 14 Reviews by
QCAT or Minister[s 290](2)Theexecutiveofficermaybeproceededagainstfor,andconvictedof,theoffenceagainstsection 172whetherornotthe corporation
has been proceeded against for, or convictedof, the
offence.(3)This section does not affect either of
the following—(a)theliabilityofthecorporationfortheoffenceagainstsection 172;(b)the
liability, under the Criminal Code, chapter 2, of anyperson, whether or not the person is an
executive officerof the corporation, for the offence against
section 172.Note—See also section
340E for the application of this provision in relation tooffences against other provisions.290Attempts to commit offences(1)A person who attempts to commit an
offence against this Actcommits an offence.Maximum penalty for an attempt—half the
maximum penaltyfor the completed offence.(2)The Criminal Code, section 4 applies
to subsection (1).Part 14Reviews by QCAT
or MinisterDivision 1Applications for
review of decisionsby tribunal291When
authority operators may apply for reviewAn authority
operator may apply, as provided under the QCATAct, to the
tribunal for a review of the following decisions ofthe
chief executive—Page 170Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 14 Reviews
by QCAT or Minister[s 292]•adecisionundersection 175directinganauthorityoperator to
include additional details about a matter inthe operator’s
control system for conducting wagering•adecisionundersection 208refusingtoapproveregulated
wagering equipment•adecisionundersection
208refusingtoapproveamodification of regulated wagering
equipment.292When licence operators may apply for
reviewA licence operator may apply, as provided
under the QCATAct,tothetribunalforareviewofadecisionofthechiefexecutiveundersection
159directingtheoperatortoterminate an agency agreement entered into
by the operator.293When applicants for key person
licences may apply forreviewAn applicant for
a key person licence may apply, as providedunder the QCAT
Act, to the tribunal for a review of a decisionof the chief
executive under section 104 refusing to grant theapplication.294When
key person licensees may apply for reviewAkeypersonlicenseemayapply,asprovidedundertheQCATAct,tothetribunalforareviewofthefollowingdecisions of the chief executive—•adecisionundersection
109imposingaconditiononthe
key person licence•a decision under section 114 changing
a condition of thekey person licence•adecisionundersection 116refusingtograntanapplication to replace the key person
licence•adecisionundersection
126immediatelysuspendingthe key person
licenceCurrent as at [Not applicable]Page
171
Notauthorised—indicativeonlyWagering Act 1998Part 14 Reviews by
QCAT or Minister[s 295]•adecisionundersection 127suspendingorcancellingthe key person
licence•a decision under section 129 censuring
the key personlicensee•adecisionundersection 130directingthekeypersonlicensee to rectify a matter.295When wagering agents may apply for
reviewA wagering agent may apply, as provided
under the QCATAct,tothetribunalforareviewofadecisionofthechiefexecutive under
section 159 directing the licence operator bywhomtheagentwasappointedtoterminatetheagencyagreement.296When
owner of things seized may apply for reviewTheownerofathingseizedbyaninspectormayapply,asprovided under the QCAT Act, to the tribunal
for a review of adecisionofaninspectorundersection 255resultinginthething being
forfeited.297When other persons may apply for
reviewA person may apply, as provided under the
QCAT Act, to thetribunal for a review of the following
decisions—(a)a decision of a general operator,
under section 216D, togive the person an exclusion
direction;(b)adecisionofageneraloperator,undersection 216G,refusingtorevokeanexclusiondirectiongiventotheperson.298Tribunal to decide review on evidence before
the chiefexecutive(1)Inaproceedingforareviewofadecisionofthechiefexecutive by the
tribunal, the tribunal must—Page 172Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 14 Reviews
by QCAT or Minister[s 299](a)hear
and decide the review of the decision by way of areconsiderationoftheevidencebeforethechiefexecutive when
the decision was made; and(b)decide the
review of the decision in accordance with thesamelawthatappliedtothemakingoftheoriginaldecision.(2)If
the tribunal decides, under the QCAT Act, section 139, thata
proceeding for a review of a decision should be reopened,the
issues in the proceeding that are reheard, must be—(a)heardanddecidedbywayofareconsiderationoftheevidence given in the proceeding for
the review of thedecision; and(b)decided in accordance with the same law that
applied tothe making of the original decision.(3)In this section—original
decisionmeans the decision of the chief executive
towhich the proceeding for the review
relates.299Tribunal may give leave for review to
be decided on newevidence in particular circumstances(1)Despitesection
298,thetribunalmaygrantapartytoaproceeding for a review of a decision
of the chief executive(thedecision)
leave to present new evidence if the tribunal issatisfied—(a)thepartydidnotknowandcouldnotreasonablybeexpectedtohaveknownoftheexistenceofthenewevidence before the decision; and(b)in the circumstances, it would be
unfair not to allow theparty to present the new
evidence.(2)If the tribunal gives leave under
subsection (1), the tribunalmust—(a)adjourn the proceedings for a stated
reasonable time toallowthechiefexecutivetoreconsiderthedecisionCurrent as at
[Not applicable]Page 173
Notauthorised—indicativeonlyWagering Act 1998Part 14 Reviews by
QCAT or Minister[s 300]together with
the new evidence and to allow for furthersubmissions by
affected persons; or(b)if the tribunal
considers it appropriate for the applicantto make a new
application, require the applicant to makea new
application to the chief executive.(3)In
this section—new evidencemeans evidence
that was not before the chiefexecutive when
the decision was made.300Appeals from
tribunal only to Court of Appeal on aquestion of
law(1)This section applies to a decision of
the tribunal (thetribunaldecision)inaproceedingforareviewofadecisionofmentioned in sections 291 to 297.(2)The QCAT Act, chapter 2, part 8,
division 1 does not apply tothe tribunal
decision.(3)A party to the proceeding may appeal
to the Court of Appealagainstthetribunaldecisionbutonlyiftheappealisonaquestion of
law.(4)Toremoveanydoubt,itisdeclaredthattheQCATAct,section 149 does not apply to the tribunal
decision.Note—SeetheQCATAct,sections 151to153,155and156forotherrequirements and
effects of an appeal to the Court of Appeal.Division 2Reviews by Minister303Refusal of licence operator to enter into
agencyagreement(1)This
section applies if—(a)a licensed club reasonably believes it
has negotiated ingood faith with a licence operator for
entering into anagency agreement with the operator but the
club and thePage 174Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 14 Reviews
by QCAT or Minister[s 304]operatorhavebeenunabletoagreethetermsoftheagreement; or(b)theoperatorhasrefusedtoenterintoanagencyagreement with
the licensed club.(2)The licensed club may ask the Minister
to review—(a)theoutcomeofthenegotiationsmentionedinsubsection (1)(a) (theoutcome); or(b)the decision mentioned in subsection
(1)(b).(3)Afterreviewingtheoutcomeordecision,theMinistermaydirect the licence operator to enter into an
agency agreementwith the licensed club on the terms decided
by the Minister.(4)In giving a direction, the Minister
must have regard to—(a)the commercial
viability of the licence operator and thelicensed club;
and(b)the public interest.(5)Ifthelicensedclubiswillingtoenterintoanagencyagreement on the
terms decided by the Minister, the licenceoperator must
comply with the direction.Maximum penalty—100 penalty
units.(6)In this section, a reference to a
decision of a licence operatorto refuse to
enter into an agency agreement includes a failureto
enter into an agency agreement.304Termination of agency agreement(1)This section applies if a licence
operator terminates an agencyagreement with a
licensed club otherwise than because of adirectiontoterminatetheagreementgiventothelicenceoperator by the chief executive.(2)The licensed club may ask the Minister
to review the decision.(3)To secure the
effectiveness of the review, the Minister maygrant a stay of
the decision.Current as at [Not applicable]Page
175
Notauthorised—indicativeonlyWagering Act 1998Part 14 Reviews by
QCAT or Minister[s 305](4)Afterreviewingthedecision,theMinistermaydirectthelicence operator to reinstate the agency
agreement.(5)However,theMinistermaygiveadirectiononlyiftheMinisterconsidersthelicenceoperator,interminatingtheagency agreement—(a)acted otherwise than under the agreement;
or(b)despitehavingactedundertheagreement—actedunreasonably.(6)The
licence operator must comply with the direction.Maximum penalty—100 penalty units.(7)In this section—reinstateanagencyagreementthathasbeenterminatedincludes enter
into a fresh agency agreement on terms similarto the agency
agreement terminated.305Issues about
staying operations of decisions(1)A
stay mentioned in section 304(3)—(a)maybegivenonconditionstheMinisterconsidersappropriate; and(b)operates for the period fixed by the
Minister; and(c)may be revoked or amended by the
Minister.(2)The period of a stay under this
section must not extend pastthe time when
the Minister decides the review.(3)A
review of a decision affects the decision, or the carrying
outof the decision, only if the decision is
stayed.306Procedures for reviewsFor
reviewing an outcome or a decision, the Minister—(a)must give the licence operator and the
licensed club areasonableopportunitytobeheardortomakerepresentations
about the outcome or decision; andPage 176Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 15
Miscellaneous[s 307](b)must
consider any representations.307Delegation for div 2(1)The
Minister may delegate the Minister’s powers under thisdivision to the Queensland Competition
Authority.(2)TheQueenslandCompetitionAuthorityhasthepowersandfunctions necessary for the
delegation.Part 15Miscellaneous308Confidentiality of information(1)A person who is, or was, an inspector,
or officer or employeeof the department, must not disclose
confidential informationgained by the person in performing
functions under this Act.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)Subsection (1) does not apply to the
disclosure of confidentialinformation by a person—(a)for a purpose under this Act or a
gaming Act; or(b)with a lawful excuse; or(c)underanapprovalofthechiefexecutiveunderthissection.(3)Thechiefexecutivemayapprovethedisclosureofconfidential 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)Beforegivinganapprovalforsubsection (3)(c),thechiefexecutive
must—Current as at [Not applicable]Page
177
Notauthorised—indicativeonlyWagering Act 1998Part 15
Miscellaneous[s 308A](a)givewrittennoticeoftheproposedapprovaltoanyperson whom the
chief executive considers likely to beaffected
adversely by the disclosure; and(b)give
the person the opportunity of making a submissionabouttheproposedapprovalwithinthetime(notlessthan 14 days)
stated in the notice.(5)If confidential
information is disclosed to an entity or personunder an
approval given by the chief executive, the entity orperson, and any employee or other person
under the control oftheentityorperson,aretakentobepersonstowhomsubsection (1)
applies and to have gained the information inperforming
functions under this Act.(6)In this
section—confidentialinformationmeansinformation,otherthaninformation that
is publicly available, about—(a)aperson’spersonalaffairs,businessaffairsorreputation, character, criminal history,
current financialposition or financial background; or(b)a person making an application under
this Act.308ACommissioner of police service to
notify changes incriminal history(1)This
section applies if—(a)the chief executive gives the
commissioner of the policeservice the name of a relevant person
for this section;and(b)the commissioner
reasonably suspects a person who ischarged with an
offence is the relevant person.(2)The
commissioner must notify the chief executive about thechange in the person’s criminal
history.(3)The notice must state the
following—(a)the person’s name and address;(b)the person’s date of birth;Page
178Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 15
Miscellaneous[s 309](c)the
offence the person is charged with;(d)particulars of the offence;(e)the date of the charge.(4)Thechiefexecutivemayconfirmthesuspicionsofthecommissioner of the police service
under subsection (1).(5)In this
section—relevant personmeans—(a)a licensed employee; or(b)an authority holder who is an
individual; or(c)anindividualidentifiedbytheMinisterasbeingabusiness or executive associate of an
authority holder.309Delegations(1)The
Minister may delegate the Minister’s powers under thisAct,
other than part 14, division 2, to—(a)the
chief executive; or(b)an appropriately qualified inspector
or an appropriatelyqualified officer of the department.(2)The chief executive may delegate the
chief executive’s powersunderthisActtoanappropriatelyqualifiedinspectororanappropriately qualified officer of the
department.(3)In this section—appropriatelyqualifiedincludeshavingthequalifications,experience or
standing appropriate to exercise the power.Example of
standing—a person’s classification level in the
public service310Commercial arrangements for conducting
sportswagering(1)Thissectionappliesifasportswageringlicenseedoesnotpropose to conduct wagering under the
licence on a particularCurrent as at [Not applicable]Page
179
Notauthorised—indicativeonlyWagering Act 1998Part 15
Miscellaneous[s 311]sportingeventorcontingencyheldorhappeningoutsideAustralia or New Zealand.(2)With the approval of the Minister, the
licensee may enter intoa commercial arrangement with a
licensed entity for the entityto conduct
wagering on the event or contingency.(3)Wageringconductedbythelicensedentityunderthearrangement is taken to be wagering
conducted by the sportswagering licensee under the sports
wagering licence.(4)In this section—licensed
entitymeans—(a)a
casino licensee under theCasino Control Act 1982;
or(b)theholderofanoperator’slicenceundertheGamingMachine Act
1991; or(c)the
holder of an interactive gambling licence under theInteractive Gambling (Player Protection) Act
1998; or(d)a
keno licensee under theKeno Act 1996; or(e)a lottery operator under theLotteries Act 1997.311Approval of formsThe chief
executive may approve forms for use under this Act.312Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may—(a)be
about fees; or(b)impose a penalty of no more than 20
penalty units forcontravention of a regulation; or(c)be about—(i)investments; orPage 180Current as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 17
Transitional provisions[s 318](ii)anaccountinthenameofaninvestorwithalicence operator; or(iii)vouchersforuseinplaceofmoneytomakeinvestments;
or(iv)outcomes of
events; or(v)payouts; or(vi)settingasideaportionofthetotalofallinvestments made on a totalisator, and
distributingor paying the money set aside.Part
17Transitional provisionsDivision 1Transitional provisions for Act No.15
of 1998318Application of div 1Thisdivisionappliesonlyifawageringlicence(theinitiallicence) is
issued on the commencement day.319Definitions for div 1In this
division—commencement daymeans the day on
which the provision inwhich the term is used
commences.existingActmeanstheRacingandBettingAct1980asinforce from time to time before the
commencement day.initial licencesee section
318.initial operatormeans—(a)if,onthecommencementday,thewageringlicenseeunder the initial licence does not enter
into a wageringmanagement agreement with the Minister’s
approval—the wagering licensee; orCurrent as at [Not applicable]Page
181
Notauthorised—indicativeonlyWagering Act 1998Part 17
Transitional provisions[s 320](b)if,onthecommencementday,thewageringlicenseeundertheinitiallicenceentersintoawageringmanagement
agreement with the Minister’s approval—the wagering
manager appointed under the agreement.TABagencyagreementmeansacontract,agreementorarrangementmadeundertheexistingActunderwhichtheTABappointedapersonasitsagentfortheexerciseofitspowers or performance of its
functions.TAB’s control systemmeans the system
of internal controlsandadministrativeandaccountingproceduresused,immediately before the commencement day, by
the TAB forthe conduct of wagering by
totalisators.320Control system for initial
operator(1)This section applies if, on the
commencement day, the initialoperatormakesacontrolsystemsubmissiontothechiefexecutive.(2)TheTAB’scontrolsystemis,withanynecessarymodifications,takentobetheinitialoperator’sapprovedcontrol system until the chief executive
approves, or refuses toapprove, under section 176, the
control system to which thesubmission
relates.321Regulated wagering equipment(1)This section applies if—(a)immediatelybeforethecommencementday,wageringequipment—(i)is
the TAB’s equipment; or(ii)was used in the
conduct of betting by means of atotalisator
under the existing Act; and(b)on
the commencement day, the equipment is regulatedwagering equipment.(2)Theregulatedwageringequipmentistakentobeapprovedwagering
equipment.Page 182Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 17
Transitional provisions[s 322]322Key
employees of initial operator(1)Thissectionappliesif,onthecommencementday,akeyemployee of the
initial operator applies to the chief executiveto be licensed
as an employee under a key person licence.(2)The
key employee is taken to be a licensed employee until thechief executive grants or refuses to grant
the application undersection 104.323Amounts payable before commencement day
forinvestments(1)This
section applies if—(a)an investment is made under the
existing Act before thecommencement day; and(b)anamountfirstbecomespayableinrelationtotheinvestment(whetherbywayofadividendorrefund)before the
commencement day.(2)Sections 201 to 203 of the existing
Act continue to apply inrelation to the investment and the
amount as if the sectionshad not been repealed by theRacing Legislation AmendmentAct
1998.(3)For applying the
sections—(a)areferencetothetotalisatorboardistakentobeareference to the
TAB; and(b)a reference to the Racing Development
Fund is taken tobe a reference to the consolidated
fund.324Amounts payable on or after
commencement day forinvestments(1)This
section applies if—(a)an investment is made under the
existing Act before thecommencement day; andCurrent as at [Not applicable]Page
183
Wagering Act 1998Part 17
Transitional provisions[s 325](b)anamountfirstbecomespayableinrelationtotheinvestment (whether by way of a
dividend or refund) onor after the commencement day.(2)Forpayingtheamount,theinvestmentistakentobeaninvestment made
for approved wagering.Notauthorised—indicativeonly325Agency agreements(1)A
TAB agency agreement made before, and in force at, thecommencement day is taken to be an agency
agreement dulymade under this Act for the initial
operator.(2)Within7daysafterthecommencementday,theinitialoperatormustgivethechiefexecutiveawrittennoticeinformingthechiefexecutiveofthenameandplaceofoperation of each wagering agent with whom
the operator hasan agency agreement to which this section
applies.326Wagering agents(1)Thissectionappliesif,immediatelybeforethecommencement day—(a)a
race club holds a totalisator licence under the existingAct;
and(b)anetpooloftheraceclubisamalgamatedundersection 196 of the existing Act.(2)Subjecttopart8,division4,for1yearstartingonthecommencement day, the race club is
taken to be a wageringagentoftheinitialoperatorandtheagencyrelationshipbetweentheclubandoperatoristakentobeanagencyagreement.(3)However, the race club may terminate the
agency by writtennotice given to the initial operator.(4)Within7daysafterthecommencementday,theinitialoperatormustgivethechiefexecutiveawrittennoticeinformingthechiefexecutiveofthenameandplaceofoperation of each wagering agent under this
section.Page 184Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 17
Transitional provisions[s 327]327Permit holders(1)Thissectionappliesif,immediatelybeforethecommencement day—(a)a
race club holds a totalisator licence under the existingAct;
and(b)anetpooloftheraceclubisnotamalgamatedundersection 196 of the existing Act.(2)Subjecttopart4,division5,theraceclubistakentobeapermit holder
for 1 year starting on the commencement day.(3)However, if within the period of 1 year the
race club entersinto an agency agreement with the initial
operator, the clubstops being a permit holder.328Control system for permit
holders(1)This section applies to a race club
that is taken to be a permitholder under
section 327.(2)Thesystemofinternalcontrolsandadministrativeandaccountingproceduresused,immediatelybeforethecommencementday,bytheraceclubfortheconductofwageringbytotalisatorsistakentobetheclub’sapprovedcontrol system
until the earlier of the following—(a)the
end of 1 year starting on the commencement day;(b)theenteringintoofan agencyagreementbetweentherace
club and initial operator.329Continued
operation of former rules and certain formerregulations(1)Rulesinforceundersection 193oftheexistingActimmediatelybeforethecommencementdaycontinuetooperate with any necessary changes and, for
that purpose, aretaken to be rules under this Act.(2)TheRacingandBettingRegulation1981,sections 63to68and part 7 as in force immediately
before the commencementCurrent as at [Not applicable]Page
185
Notauthorised—indicativeonlyWagering Act 1998Part 17
Transitional provisions[s 330]day continue to
operate with any necessary changes and, forthat purpose,
are taken to be rules validly made under this Act.(3)Ifaprovisionapplyingasaruleundersubsection
(1)isinconsistentwithaprovisionapplyingasaruleundersubsection (2),
the latter provision prevails.(4)Subsections (1)and(2)applyuntiltheearlierofthefollowing—(a)the
end of 1 year starting on the commencement day;(b)thecommencementofrulesmadeunderthisActsuperseding the rules mentioned in
subsection (1) or theprovisions mentioned in subsection
(2).(5)Provisions operating as rules under
subsection (1) or (2) maybe amended by rules under this
Act.(6)Subsections (1) and (2) apply despite
theRacing LegislationAmendment Act
1998.Division 2Transitional
provisions forGambling Legislation AmendmentAct
2004330Definitions for div 2In
this division—commencementmeans the day
this division commences.pre-amendedActmeansthisActasinforcebeforethecommencement of theGambling Legislation Amendment Act2004, part 9.332Direction to rectify under pre-amended
Act(1)This section applies to a direction to
rectify a matter given to akey person
licensee under the pre-amended Act, section 128,if—Page 186Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 17
Transitional provisions[s 334](a)thechiefexecutivegavethedirectiontothelicenseeafterconsidering,underthepre-amendedAct,theaccepted representations for a show
cause notice; and(b)before the commencement—(i)the period for rectifying the matter
under that Acthas not ended; or(ii)the
period for rectifying the matter under that Acthasendedandactionhasnotbeentakenundersection
129ofthatActinrelationtoafailuretocomply with the direction.(2)A failure to comply with the direction
may be dealt with underthepre-amendedActasiftheGamblingLegislationAmendment Act
2004, part 9, had not commenced.(3)Subsection (4) applies to a direction
to rectify a matter giventoakeypersonlicenseeunderthepre-amendedAct,section 128, if—(a)thechiefexecutivegavethedirectiontothelicenseewithout a show
cause notice; and(b)before the commencement—(i)the period for rectifying the matter
under that Acthas not ended; or(ii)the
period for rectifying the matter under that Acthas ended and
action has not been taken under thatActinrelationtoafailuretocomplywiththedirection.(4)Afailuretocomplywiththedirectionistakentobeacontravention of
a provision of this Act, other than a provisiona contravention
of which is an offence against this Act.334Continuation of obligation under pre-amended
Act, s 215(1)Thissectionappliestoageneraloperatorif,immediatelybefore the
commencement, the operator must not, under thepre-amended Act,
section 215(2), allow a person to take partCurrent as at
[Not applicable]Page 187
Notauthorised—indicativeonlyWagering Act 1998Part 17
Transitional provisions[s 335]inapprovedwageringataplaceatwhichtheoperatorisentitled to carry on the operator’s
operations.(2)Thepre-amendedAct,section 215(2),continuestoapplytothe
operator as if theGamblingLegislationAmendmentAct2004, part 9, had
not commenced.335Transitional provision for race
wagering licence(1)This section applies to a race
wagering licence that is in forceimmediately
before the commencement.(2)In the race
wagering licence—(a)areferencetoahorse,trottingorgreyhoundraceistakentobeareferencetothoroughbred,harnessorgreyhound racing; and(b)a reference to an event or contingency
that is scheduledto be held at a race meeting at a racing
venue is taken tobe a reference to an event or contingency
that may belawfully held in Queensland or
elsewhere.Division 3Transitional
provisions forGambling Legislation AmendmentAct
2005336Definitions for div 3In
this division—commencementmeansthedaytheprovisioninwhichtheterm
is used commences.post-amendedActmeansthisActasinforceimmediatelyafter the
commencement.Page 188Current as at
[Not applicable]
Wagering Act 1998Part 17
Transitional provisions[s 337]337InspectorsApersonwhowasaninspectorimmediatelybeforethecommencement is taken to be an
inspector appointed underthe post-amended Act, section
229.Notauthorised—indicativeonly338Audit program for inspectorsTheauditprogramthat,immediatelybeforethecommencement,wastheauditprogramapprovedbytheMinister under section 231(1) of this
Act as in force beforethe commencement is taken to be the
approved audit programunder the post-amended Act, section
236.Division 5Transitional
provision for Liquorand Gaming (Red Tape Reduction)and
Other Legislation AmendmentAct 2013340Continuation of offence under s
173(1)This section applies if a person is
alleged to have committedan offence against section 173, as in
force immediately beforethe commencement of this
section.(2)Despite the Criminal Code, section 11,
a proceeding for theoffence may be started or continued,
and the court may hearand decide the proceeding, as if
theLiquor and Gaming (RedTape Reduction)
and Other Legislation Amendment Act 2013,other than this section, had not
commenced.Division 6Transitional
provision forAppropriation Act (No. 2) 2014340AApplication of particular
provisionsThe amendments of sections 4, 16, 17, 22,
341 and schedule 2madebytheAppropriationAct(No.2)2014are,fortheCurrent as at
[Not applicable]Page 189
Wagering Act 1998Part 17
Transitional provisions[s 340B]purposes of a
wagering licence, taken to have had effect from1 July
2014.Notauthorised—indicativeonlyDivision 7Transitional
provisions for BettingTax Act 2018340BDefinition for divisionIn this
division—former, for a
provision of this Act, means as in force from timeto
time before the commencement.340CContinued application of Act(1)ThisActasinforcefromtimetotimebeforethecommencementcontinuestoapplyinrelationtoapre-commencementliabilityasiftheBettingTaxAct2018,part 9, division
5 had not commenced.(2)Without limiting
subsection (1)—(a)formersection166continuestoapplyafterthecommencementinrelationtothepaymentofapre-commencement liability; and(b)formersection167continuestoapplyafterthecommencementforcalculatingapre-commencementliability.(3)Despitesubsection(1),section172asinforceimmediatelybeforethecommencementcontinuestoapplyafterthecommencement in relation to—(a)the evasion, after the commencement,
of the payment ofanamountpayableaswageringtaxunderformersection 166, whether the amount—(i)was payable before the commencement;
or(ii)ispayableafterthecommencementunderthissection;
andPage 190Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Part 17
Transitional provisions[s 340D](b)areturngivenafterthecommencementunderformersection 167 as
continued in effect under this section.(4)In
this section—pre-commencementliabilitymeansaliabilityunderformersection 165 for
any month before the commencement.wagering
taxmeans wagering tax within the meaning of
thisAct as in force from time to time before the
commencement.340DProceedings for particular
offences(1)This section applies if a person is
alleged to have committed—(a)anoffenceagainstformersection172(1)beforethecommencement; or(b)anoffenceagainstsection172(1),asinforceimmediatelybeforethecommencement,afterthecommencement.Note—See
section 340C(3) for the continued application of section 172as
in force immediately before the commencement.(2)Without limiting the Acts Interpretation Act
1954, section 20,a proceeding for the offence may be
continued or started, andthe person may be punished for the
offence, as if the BettingTax Act 2018, part 9, division 5 had
not commenced.(3)Subsection (2) applies despite the
Criminal Code, section 11.340EApplication of s
289 in relation to offences againstparticular
provisionsSection 289, as amended by the Betting Tax
Act 2018, appliesas if a reference in that section to an
offence against section172 included a reference to—(a)an offence against former section
172(1); and(b)anoffenceagainstsection172(1)asinforceimmediately
before the commencement and as continuedin effect under
section 340C(3).Current as at [Not applicable]Page
191
Notauthorised—indicativeonlyWagering Act 1998Part 18 Validating
provision for Liquor (Red Tape Reduction) and Other
LegislationAmendment Act 2013[s 341]Part
18Validating provision for Liquor(Red
Tape Reduction) andOther Legislation AmendmentAct
2013341Validation of extension of sports
wagering licence(1)Thissectionappliestotheextension,beforethecommencementofthissection,ofthetermofthesportswagering licence held by TattsBett.(2)The extension of the term of the
licence is taken to have beenvalidly granted
as if—(a)section 29A had been in force at the
time of the grantingof the extension; and(b)the extension had been granted under
that section.Page 192Current as at
[Not applicable]
Notauthorised—indicativeonlySchedule 1Part 1Wagering Act 1998Schedule 1Decisions not subject to appealsection 93Decisions of
Governor inCouncilSection51515154Part 2Description of
decisionsuspending a wagering authoritycancelling a wagering authorityappointing an administrator to conduct
theoperations of an authority holderfor
a wagering authority that is suspended—cancelling or
reducing any remaining period ofsuspensionDecisions of
MinisterSection212731484952Description of
decisiongranting or refusing to grant an application
for awagering authorityimposing a
condition on a wagering authoritychanging
conditions of a wagering authoritycensuring an
authority holderdirecting an authority holder to rectify a
mattersuspending a wagering authorityCurrent as at [Not applicable]Page
193
Notauthorised—indicativeonlyWagering Act 1998Schedule 1Section68747485868790193197271Description of decisiongiving, or
refusing to give, an approval for theappointment of a
person as a wagering managergiving, or
refusing to give, an approval for theentering into of
a wagering managementagreementgiving, or
refusing to give, an approval for theamendment of a
wagering managementagreementcensuring a
wagering managerdirecting a wagering manager to rectify a
matterdirecting a wagering licensee to terminate
awagering management agreementsuspending a wagering manager’s
operationsgiving, or refusing to give, an approval
forentering into an ancillary wagering
agreementdirecting the termination of a related
agreementdirecting a general operator to stop or
change amanagement practicePage 194Current as at [Not applicable]
Schedule 2DictionaryWagering Act
1998Schedule 2Notauthorised—indicativeonlysection 3accepted
representations—(a)for part 4,
division 5—see section 46; and(b)for
part 5, division 5—see section 83(2); and(c)for
part 7, division 7—see section 125; and(d)for
part 8, division 4—see section 155(2); and(e)for
part 11, division 1—see section 196(2).agency
agreementsee section 140.ancillary
wagering agreementsee section 190.approved
accountantmeans—(a)a
member of the Institute of Chartered Accountants inAustraliawhoholdsacurrentCertificateofPublicPractice issued
by the institute; or(b)a member of CPA
Australia who holds a current publicpractice
certificate issued by CPA Australia; or(c)amemberoftheInstituteofPublicAccountantswhoholds a current public practice certificate
issued by theinstitute; or(d)in a
particular case—a member of an accounting bodymentioned in
paragraph (a), (b) or (c) who—(i)does
not hold the current certificate mentioned inthe paragraph;
and(ii)isapprovedasanaccountantforthecasebythechief executive.approved
contingency, for a sports wagering licensee,
meansacontingency,oracontingencyincludedinaclassofcontingencies,forwhichanapprovaloftheMinisterundersection 57 for the conduct of wagering by
the licensee is inforce.Current as at
[Not applicable]Page 195
Notauthorised—indicativeonlyWagering Act 1998Schedule 2approvedevaluatormeansanentitydeclaredunderaregulation to be an approved
evaluator.approvedevent,forasportswageringlicensee,meansanevent, or an event included in a class
of events, for which anapproval of the Minister under section
57 for the conduct ofwagering by the licensee is in
force.approved formsee section
311.approved placesee section
178.approvedplaceofoperation,forageneraloperator,meansthe
place where the operator may, under section 205, carry onthe
operator’s operations.approved wageringmeans authorised
wagering conducted byan authority operator under a wagering
authority.approvedwageringequipmentmeansregulatedwageringequipment approved under section 208.authorised wageringmeans—(a)foranoncoursewageringpermitorpermitholder—oncourse wagering conducted by means of a
totalisator;or(b)forawageringlicenceorlicenceoperator—wageringconducted either
by means of a totalisator or on a fixedodds
basis.authorised wagering operatormeans—(a)an
authority holder; or(b)a wagering
agent.authority holdermeans—(a)a wagering licensee; or(b)a permit holder.authority
operatormeans—(a)a
licence operator; or(b)a permit
holder.Page 196Current as at
[Not applicable]
Wagering Act 1998Schedule 2Notauthorised—indicativeonlybusiness associate, of an
applicant for an oncourse wageringpermitorwageringlicence,meansapersonwhomtheMinister reasonably believes—(a)is associated with the ownership or
management of theapplicant’s operations; or(b)will, if a wagering authority is
issued to the applicant, beassociatedwiththeownershipormanagementoftheauthority holder’s operations.business associate, of a permit
holder, wagering licensee orwageringmanager,meansapersonwhomtheMinisterreasonablybelievesisassociatedwiththeownershipormanagement of the operations of the permit
holder, licenseeor manager.business
associate, of a proposed wagering manager, means
aperson whom the Minister reasonably
believes—(a)is associated with the ownership or
management of theoperations of the proposed wagering manager;
or(b)will, if the proposed wagering manager
is appointed as awagering manager, be associated with the
ownership ormanagement of the wagering manager’s
operations.businessassociate,ofawageringagent,meansapersonwhomthechiefexecutivereasonablybelievesisassociatedwith the
ownership or management of the agent’s operations.commencement—(a)for part 17, division 2—see section
330; and(b)for part 17, division 3—see section
336.condition noticesee section
31.conduct,forwagering,includespromote,organiseandoperate.consent
acknowledgementsee section 240.controlsystemmeansasystemofinternalcontrolsfortheconduct of
authorised wagering by an authority holder.convictionincludes a plea
of guilty or a finding of guilt by acourt even
though a conviction is not recorded.Current as at
[Not applicable]Page 197
Wagering Act 1998Schedule 2Notauthorised—indicativeonlyPage 198criminalhistory,ofaperson,meanstheperson’scriminalhistorywithinthemeaningoftheCriminalLaw(Rehabilitation of Offenders) Act
1986, and—(a)despite section 6 of that Act, includes a
conviction of theperson to which the section applies;
and(b)despitesection 5ofthatAct,includesachargemadeagainst the person for an offence.designated operatorsee section
204.direct winning betdoes not include
a refund of an investment.document certification
requirementsee section 263.document
production requirementsee section 263.employincludes engage under a contract for
services.employeeof a wagering
licensee or wagering agent means aperson employed
by the licensee or agent in functions relatedto the conduct
of wagering.exclusion directionsee section
216D(1).exclusivity periodsee section
4.executive associate, of an
applicant for an oncourse wageringpermit or
wagering licence, means an executive officer of acorporation, partner or trustee, or another
person stated by theMinister, whom the Minister reasonably
believes—(a)is associated with the ownership or
management of theapplicant’s operations; or(b)will, if a wagering authority is
issued to the applicant, beassociatedwiththeownershipormanagementoftheauthority holder’s operations.executive associate, of a permit
holder, wagering licensee orwageringmanager,meansanexecutiveofficerofacorporation,
partner or trustee, or another person stated by theMinister, whom the Minister reasonably
believes is associatedwith the ownership or management of
the operations of thepermit holder, licensee or
manager.executive associate, of a proposed
wagering manager, meansanexecutiveofficerofacorporation,partnerortrustee,orCurrent as at [Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Schedule 2anotherpersonstatedbytheMinister,whomtheMinisterreasonably
believes—(a)is associated with the ownership or
management of theoperations of the proposed wagering manager;
or(b)will, if the proposed wagering manager
is appointed as awagering manager, be associated with the
ownership ormanagement of the wagering manager’s
operations.executive associate, of a wagering
agent, means an executiveofficer of a corporation, partner or
trustee, or another personstatedbythechiefexecutive,whomthechiefexecutivereasonablybelievesisassociatedwiththeownershipormanagement of the agent’s operations.executiveofficer,ofacorporation,meansapersonwhoisconcernedwith,ortakespartin,thecorporation’smanagement,whetherornotthepersonisadirectorortheperson’s position is given the name of
executive officer.exempt wagering recordsee section
178.financial records requirementsee
section 268.gaming Actmeans any of the
following Acts—•Casino Control Act 1982•Charitable and Non-Profit Gaming Act
1999•Gaming Machine Act 1991•Interactive Gambling (Player
Protection) Act 1998•Keno Act
1996•Lotteries Act 1997.general operatormeans—(a)for part 11, division 3, see section
216AA; or(b)otherwise—(i)an
authority operator; or(ii)a wagering
agent.Current as at [Not applicable]Page
199
Wagering Act 1998Schedule 2Notauthorised—indicativeonlyPage 200indictableoffenceincludesanindictableoffencedealtwithsummarily,whetherornottheCriminalCode,section 659,applies to the
indictable offence.information noticemeans a written
notice complying with theQCAT Act, section 157(2).inspectormeans a person
who is an inspector under this Act.interested
person—(a)for part 4,
division 5—see section 45; or(b)for
part 11, division 1—see section 195.key
employeesee section 95.key
operatorsee section 98.key operator’s
requirementsee section 99.key person
licencemeans a licence issued under section
108.keypersonlicenseemeansapersonlicensedunderakeyperson licence.licenceoperator,forawageringlicenceoroperationsconducted under
a wagering licence, means—(a)ifthewageringlicenseehasnotenteredintoanywageringmanagementagreementwiththeMinister’sapproval—the
wagering licensee; or(b)ifthewageringlicenseehasenteredintoawageringmanagementagreementwiththeMinister’sapprovalappointingapersonaswageringmanagerforalltheoperationsrelatingtoauthorisedwageringconductedunderthewageringlicence—thewageringmanagerappointed under
the agreement; or(c)ifthewageringlicenseehasenteredintoawageringmanagementagreementwiththeMinister’sapprovalappointing a person as wagering manager for
some butnotalltheoperationsrelatingtoauthorisedwageringconducted under the wagering licence—(i)for the operations to which the
agreement relates—thewageringmanagerappointedundertheagreement; orCurrent as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Schedule 2(ii)fortheotheroperationsrelatingtoauthorisedwagering
conducted under the wagering licence—the wagering
licensee.licensed clubsee theRacing Act 2002, schedule
1.licensed employeemeans a person
licensed as an employeeunder a key person licence.licensed venuesee theRacing Act 2002, schedule
1.managementcommittee,ofanunincorporatedbody,meansthe committee or
other body of persons, whatever called, thatconducts the
affairs of the body.official wagering documentmeans—(a)a
betting ticket; or(b)a wagering licence; or(c)an oncourse wagering permit; or(d)a key person licence; or(e)an inspector’s identity card.oncourse wagering permitsee section
5.permitholdermeanstheholderofanoncoursewageringpermit.personal details
requirementsee section 261.place of
seizuresee section 251.post-amended
Act, for part 17, division 3, see section
336.pre-amended Act, for part 17,
division 2, see section 330.problem
gamblermeans a person whose behaviour relating
togambling—(a)is
characterised by difficulties in limiting the amount ofmoney or time the person spends on gambling;
and(b)leadstoadverseconsequencesfortheperson,otherpersons or the community.proposed action, for part 7,
division 7, see section 124(2)(a).Current as at
[Not applicable]Page 201
Notauthorised—indicativeonlyWagering Act 1998Schedule 2proposedwageringmanagermeansapersoninrelationtowhom
an application for approval to appoint the person as awagering manager has been made but not
decided.race meetingmeans a meeting
for conducting thoroughbred,harness or
greyhound racing.race wagering licencesee section
6.racewageringlicenseemeansapersonwhoholdsaracewagering
licence.reasonablybelievesmeansbelievesongroundsthatarereasonable in all the
circumstances.reasonablysuspectsmeanssuspectsongroundsthatarereasonable in all the
circumstances.registeredcompanyauditormeansapersonregistered,ortaken to be registered, as an auditor under
the CorporationsAct, part 9.2.regulatedwageringequipmentmeanswageringequipmentdeclaredunderaregulationtoberegulatedwageringequipment.related
agreementsee section 191.restrictedlicenseemeansakeypersonlicenseedeclaredunder section
221 to be a restricted licensee.restrictedofficialmeansawageringofficialdeclaredundersection 221 to be a restricted
official.revocation notice—(a)forpart11,division3,subdivision1—seesection 216C(1); and(b)forpart11,division3,subdivision2—seesection 216G(5).rulesmean
rules made under section 198.self-exclusion
noticesee section 216A(1).self-exclusion
ordersee section 216B(1)(a).show cause
notice—Page 202Current as at
[Not applicable]
Notauthorised—indicativeonlyWagering Act 1998Schedule 2(a)for part 4, division 5—see section
44(2); and(b)for part 5, division 5—see section
82(2); and(c)for part 7, division 7—see section
124(1); and(d)for part 8, division 4—see section
154(2); and(e)for part 11, division 1—see section
195(3).show cause period—(a)for part 4, division 5—see section
44(2)(e); and(b)for part 5, division 5—see section
82(2)(d); and(c)for part 8, division 4—see section
154(2)(d); and(d)for part 11, division 1—see section
195(3)(d).special warrantsee section
244.sporting contingencymeans a
contingency associated with asporting
event.sporting eventdoes not include
an event or contingency thatis, or relates
to, thoroughbred, harness or greyhound racing.sports wagering
licencesee section 7.sports wagering
licenseemeans a person who holds a sportswagering licence.stop
directionsee section 259.totalisatorsee section
8.totalisator suppliersee section
204.totalisator supply agreementsee
section 204.tribunalmeans
QCAT.UBETmeans UBET QLD
Limited ACN 085 691 738.UBET subsidiarymeans a
wholly-owned subsidiary of UBET.wageringmeans—(a)betting conducted by means of a totalisator;
or(b)betting conducted on a fixed odds
basis; or(c)other betting prescribed under a
regulation.Current as at [Not applicable]Page
203
Notauthorised—indicativeonlyWagering Act 1998Schedule 2wagering agentsee section
140.wagering authoritymeans—(a)a wagering licence; or(b)an oncourse wagering permit.wagering authority feesee section
168.wagering employeemeans a person
employed by a wageringlicensee in operations conducted under
the wagering licence.wageringequipmentmeansamachineorotherdevice(whetherelectronic,electricalormechanical),computersoftwareoranotherthingused,orsuitableforuse,intheconduct of wagering.wagering licencemeans—(a)a race wagering licence; or(b)a sports wagering licence.wageringlicenseemeansapersonwhoholdsawageringlicence.wagering management agreementsee
section 71.wagering managermeans a person
appointed by a wageringlicenseeundersection 65tomanagesomeoralltheoperationsrelatingtoauthorisedwageringconductedunderthe
wagering licence.wagering officialmeans—(a)an inspector; or(b)an
officer of the department.wageringrecord,ofanauthorityholder,meansarecord(including a
document) about the operations conducted by theauthority holder
under the wagering authority.wholly-owned
subsidiarysee the Corporations Act, section 9.winning betincludes a
refund of an investment.Page 204Current as at
[Not applicable]