An Act about wagering and for other purposes
This Act may be cited as the Wagering Act 1998.
This Act commences on a day to be fixed by proclamation.
(1)The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from wagering.(2)The balance is achieved by allowing wagering subject to a system of regulation and control designed to protect players and the community through—(a)ensuring the integrity and fairness of games; and(b)ensuring the probity of those involved in the conduct of wagering; and(c)minimising the potential for harm from wagering.
The dictionary in schedule 2 defines particular words used in this Act.
4Meaning of exclusivity period
(1)The exclusivity period, for a race wagering licence, is the period 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 race wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.(2)The exclusivity period, for a sports wagering licence, is the period 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 sports wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.
5Meaning of oncourse wagering permit
(1)An oncourse wagering permit is a permit authorising the permit holder to conduct oncourse wagering by means of a totalisator by accepting investments placed by persons at a race meeting conducted by the permit holder at a licensed venue.(2)Subsection (1) applies only to investments that—(a)are placed by persons at the licensed venue stated in the permit; and(b)relate to races held at the race meeting conducted by the permit holder.
6Meaning of race wagering licence
A race wagering licence is a licence authorising the race wagering licensee to conduct wagering on an event or contingency that—(a)is, or relates to, thoroughbred, harness or greyhound racing; and(b)may be lawfully held in Queensland or elsewhere.
7Meaning of sports wagering licence
(1)A sports wagering licence is a licence authorising the sports wagering licensee to conduct wagering on—(a)a sporting event or contingency (whether in Australia or elsewhere); or(b)another event or contingency that is an approved event or contingency for the licensee.(a)a sporting event or sporting contingency (whether in Australia or elsewhere); or(b)a simulated event or simulated contingency approved by the Minister under section 57; or(c)a non-sporting event, or a contingency relating to a non-sporting event, approved by the Minister under section 57.
(1)A totalisator is a system used—(a)to enable persons to invest money on events or contingencies with a view to successfully predicting specified outcomes of the events or contingencies; and(b)to enable the totalisator pool to be divided and distributed among the persons who successfully predict the outcomes.(2)A totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated.(3)In subsection (1)(b), a reference to the totalisator pool is a reference 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—minimum pool amount, for a totalisator, means an amount worked out by using the formula—where—MPA means the minimum pool amount.A means an amount that the authority operator for the totalisator advertises is the minimum amount that will, after amounts are refunded and deducted as commission, be available for the payment of dividends out of the totalisator for an event or contingency.R means an amount paid out of the totalisator as a refund of an investment.C means the amount that would be deducted as commission if the amount invested in the totalisator equalled A minus R.pool top-up amount, for a totalisator, means an amount added by an authority operator to the totalisator so the amount available for the payment of dividends equals the minimum pool amount for the totalisator.
9References to applicants for oncourse wagering permits and permit holders
(1)This section applies if the applicant for an oncourse wagering permit or a permit holder is an unincorporated body of persons.(2)In this Act, a reference to the applicant or permit holder is a reference to each person who is a member of the management committee of the body.
In this Act, a reference to an amount invested (whether in a totalisator 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 or for any other reason).
The following activities are lawful—(a)the conduct, under this Act, of a totalisator by a wagering licensee under a wagering licence;(b)the conduct, under this Act and the relevant wagering management agreement, of a totalisator by a wagering manager under a wagering licence;(c)the conduct, under this Act, of a totalisator by a permit holder under an oncourse wagering permit;(d)the conduct, under this Act, of wagering (on a fixed odds basis) by a wagering licensee under a wagering licence;(e)the conduct, under this Act and the relevant wagering management agreement, of wagering (on a fixed odds basis) by a wagering manager under a wagering licence;(f)the carrying on of a wagering agent’s operations under this Act and the relevant agency agreement;(g)the use of approved wagering equipment by a wagering licensee, manager or agent or permit holder;(h)betting, under this Act, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering licensee under a wagering licence;(i)betting, under this Act and the relevant wagering management agreement, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering manager under a wagering licence;(j)betting, under this Act, by a person (by means of a totalisator) for wagering conducted by a permit holder under an oncourse wagering permit;(k)the doing of anything else required or authorised to be done under this Act.
11AOffences about totalisators
(1)A person must not—(a)operate, or take part in operating, a totalisator other than under this Act; or(b)bet on a totalisator other than under this Act or a law of another State; or(c)ask to be another person’s agent for betting on a totalisator; or(d)act as agent of another person (the second person) for betting on a totalisator if that person and the second person agree, expressly or impliedly, that the person acting as agent will receive consideration from the second person.Maximum penalty—100 penalty units or 6 months imprisonment.
(2)For subsection (1)(b), a reference to a totalisator includes—(a)a system that is substantially similar to a system mentioned in section 8(1); and(b)an instrument, machine or device under which a system mentioned in paragraph (a) is operated.
12Relationship with other laws
(1)Section 11 has effect despite any other law dealing with wagering, including, in particular, the Racing Integrity Act 2016.(2)Nothing in this Act applies to a person carrying on bookmaking under the Racing Integrity Act 2016 under a racing bookmaker’s licence.
13Suitability of involved persons
(1)This section applies to the Minister in deciding whether—(a)an applicant for a wagering licence (the involved person) is a suitable person to hold a wagering licence; or(b)a wagering licensee (also the involved person) is a suitable person to hold a wagering licence; or(c)an applicant for an oncourse wagering permit (also the involved person) is a suitable person to hold an oncourse wagering permit; or(d)a permit holder (also the involved person) is a suitable person 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)the involved person’s current financial position and financial background;(c)if the involved person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;(d)whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of operations conducted under a wagering authority of the kind applied for, or held, by the involved person;(e)whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person;(f)whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person;(g)if the involved person has a business association with another entity—(i)the entity’s character or business reputation; and(ii)the entity’s current financial position and financial background;(h)anything else prescribed under a regulation.
(1)This section applies to the Minister in deciding whether—(a)a business or executive associate of an applicant for a wagering licence is a suitable person to be associated with a wagering licensee’s operations; or(b)a business or executive associate of a wagering licensee is a suitable person to be associated with a wagering licensee’s operations; or(c)a business or executive associate of an applicant for an oncourse wagering permit is a suitable person to be associated with a permit holder’s operations; or(d)a business or executive associate of a permit holder is a suitable person to be associated with a permit holder’s operations.(2)The Minister may have regard to the following matters—(a)the associate’s character or business reputation;(b)the associate’s current financial position and financial background;(c)if the associate has a business association with another entity—(i)the entity’s character or business reputation; and(ii)the entity’s current financial position and financial background;(d)anything else prescribed under a regulation.
15Other matters about suitability
Sections 13 and 14 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate.
16Application for race wagering licence
(1)An application for a race wagering licence may only be made by a corporation.(2)During the exclusivity period for a race wagering licence, an application for a race wagering licence may be made only by UBET or a UBET subsidiary.
17Application for sports wagering licence
(1)An application for a sports wagering licence may only be made by a corporation.(2)During the exclusivity period for a sports wagering licence, an application for a sports wagering licence may be made only by UBET or a UBET subsidiary.
18Application for oncourse wagering permit
An application for an oncourse wagering permit may only be made by a licensed club.
19Requirements about applications
An 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 under a regulation.
20Further information or documents to support application
(1)The Minister may, by written notice given to an applicant for a wagering authority, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice.(2)The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application.
21Consideration of application
(1)The Minister must consider an application for a wagering authority and either grant or refuse to grant the application.(2)However, the Minister is not required to decide an application if—(a)the Minister has given the applicant a notice under section 20 requiring the applicant to give the Minister further information or a document about the application; and(b)the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.
22Conditions for granting application for wagering licence
(1)During the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the applicant is UBET or a UBET subsidiary.(2)During the exclusivity period for a sports wagering licence, the Minister may grant an application for a sports wagering licence only if the applicant is UBET or a UBET subsidiary.(3)If, in relation to an application for a race wagering licence, the Minister considers that, to ensure the effective conduct of authorised wagering under the licence, it would be necessary for the applicant to enter into arrangements with a racing entity, the Minister may grant the application only if the Minister is satisfied the applicant has entered into, or is in a position to enter into, appropriate arrangements with a racing entity.(4)After the end of the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the Minister is satisfied, having regard to relevant market conditions at the time, that appropriate commercial arrangements have been made between the interested parties that the Minister considers are no less favourable to the race companies than the arrangements last in force between the race companies and the initial licensee.(5)Also, the Minister may grant an application for a wagering licence only if the Minister is satisfied—(a)the applicant is a suitable person to hold a wagering licence; and(b)each business and executive associate of the applicant is a suitable person to be associated with a wagering licensee’s operations.(6)However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (5).(7)In this section—commercial arrangements includes commercial arrangements about the conduct of approved wagering.initial licensee means the race wagering licensee under a race wagering licence issued on the day this section commences.interested parties means the initial licensee, the applicant for the race wagering licence and the race companies.race companies means Queensland Race Co Ltd (ACN 081 743 777) and Queensland Race Product Co Ltd (ACN 081 743 722).racing entity means a control body under the Racing Act 2002.
23Conditions for granting application for oncourse wagering permit
(1)The Minister may grant an application for an oncourse wagering permit only if—(a)the Minister is satisfied—(i)the applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator; and(ii)despite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or(b)the Minister is satisfied the licence operator has refused or failed to enter into an agency agreement with the licensed club.(2)Also, the Minister may grant an application for an oncourse wagering permit only if the Minister is satisfied—(a)the applicant is a suitable person to hold an oncourse wagering permit; and(b)each business and executive associate of the applicant is a suitable person to be associated with a permit holder’s operations.(3)However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (2).
24Investigation of suitability of persons
(1)The chief executive may investigate an applicant for a wagering authority to help the Minister decide whether the applicant is a suitable person to hold a wagering authority of the kind applied for.(2)The chief executive may investigate a business or executive associate of an applicant for a wagering authority to help the Minister decide—(a)for an application for a wagering licence—whether the associate is a suitable person to be associated with a wagering licensee’s operations; or(b)for an application for an oncourse wagering permit—whether the associate is a suitable person to be associated with a permit holder’s operations.
25Criminal history reports for investigations
(1)If the chief executive in investigating a person under section 24 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.(2)The report is to contain—(a)relevant information in the commissioner’s possession; and(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and(c)other relevant information to which the commissioner has access.
(1)If the Minister decides to grant an application for a wagering authority, the Minister must promptly issue the authority to the 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 a wagering authority, the Minister must promptly give the applicant written notice of the decision.
The Minister may issue a wagering authority—(a)on conditions the Minister considers necessary or desirable for the proper conduct of authorised wagering under the wagering authority; and(b)on other conditions the Minister considers necessary or desirable in the public interest.
(1)A wagering authority must be in the approved form.(2)The approved form must provide for the inclusion of the following 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 wagering permit, the race meeting or race meetings for which the permit is issued;(d)for an oncourse wagering permit—the licensed venue for which the permit is issued;(e)the conditions of the authority;(f)any other particulars prescribed under a regulation.
(1)A wagering licence remains in force for the term stated in the licence.(2)Subsection (1) applies subject to this Act.
29AExtension of wagering licence
(1)A wagering licensee may apply for an extension (an extension application) of the term of the licensee’s licence.(2)An extension application must be made at least 1 month before the licence expires.(3)The provisions of this part relating to an application for, and issue of, a wagering licence apply to an extension application as if an extension application were an application for a wagering licence.(4)However, for the purposes of subsection (3)—(a)section 26(1) applies as if the reference to the Minister issuing the authority were a reference to the Minister issuing an extension of the licence; and(b)section 29(1) applies as if the wagering licence remained in force for the term stated in the extension.(5)To remove any doubt, it is declared that a wagering licence may be extended one or more times.
(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—for the term necessary and reasonable to enable the permit holder to undertake and finish the permit holder’s operations under the permit for the stated meeting or meetings.(2)Subsection (1) applies subject to this Act.
31Changing conditions of authority
(1)The Minister may decide to change the conditions of a wagering authority if the Minister considers it is necessary or desirable to make the change—(a)for the proper conduct of authorised wagering under the wagering authority; or(b)otherwise in the public interest.(2)If the Minister decides to change the conditions, the Minister must promptly give the authority holder a written notice (a condition notice) stating the decision and the reasons for the decision.(3)A change of the conditions—(a)takes effect—(i)on the day the condition notice for the change is given to the authority holder; or(ii)if a later day of effect is stated in the notice—on the later day; and(b)does not depend on the wagering authority being amended to record the change, or a replacement authority recording the change being issued.(4)The power of the Minister to change the conditions of a wagering authority includes the power to add conditions to an unconditional authority.
32Recording change of conditions
(1)The authority holder must return the wagering authority to the Minister within 7 days of receiving the condition notice notifying a change of conditions, unless the holder has a reasonable 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 the amended authority to the authority holder; or(b)if the Minister does not consider it practicable to amend the authority—issue a replacement authority, incorporating the changed conditions, to the authority holder.
33Authority generally not transferable
(1)A wagering authority can not be transferred.(2)However, if a wagering authority is mortgaged or otherwise encumbered with the Minister’s approval, subsection (1) does not prevent the transfer of the authority, subject to section 34, by way of enforcement of the security.
33AAmendment of wagering licence
(1)The Minister may, with the written agreement of the licensee, amend a wagering licence.(2)After receiving the wagering licence for amendment, the Minister must—(a)amend the licence as agreed and return the amended licence to the licensee; or(b)if the Minister is satisfied it is not practicable to amend the licence to incorporate the amendment—give the licensee a replacement licence that incorporates the amendment.(3)The amendment of the licence takes effect on the day the Minister gives the licensee the amended or replacement licence.
34Mortgage and transfer of authority
(1)An authority holder may mortgage or otherwise encumber the wagering authority only with the written approval of the Minister.(2)If a person has, under or because of a mortgage or other encumbrance, a right to sell and transfer a wagering authority, the authority may be sold and transferred only to a person approved by the Minister in writing.(3)Before the Minister approves a person for the transfer of a wagering licence, the Minister must be satisfied—(a)the proposed transferee is a suitable person to hold a wagering licence; and(b)each business and executive associate of the proposed transferee is a suitable person to be associated with a wagering licensee’s operations.(4)Before the Minister approves a person for the transfer of an oncourse wagering permit, the Minister must be satisfied—(a)the proposed transferee is a suitable person to hold an oncourse wagering permit; and(b)each business and executive associate of the proposed transferee is a suitable person to be associated with a permit holder’s operations.(5)The Minister may require the proposed transferee of the wagering authority to submit an application for the authority and may deal with the application, and investigate the suitability of the proposed transferee and proposed transferee’s business and executive associates, in the same way as if the application were an application for a new wagering authority of the kind proposed to be transferred.(6)If a person has, under or because of a mortgage or other encumbrance, a power to appoint a receiver or manager of the operations conducted under a wagering authority, the power may be exercised only if the Minister first approves the proposed receiver or manager in writing.
(1)An authority holder may surrender the wagering authority by written 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—on the later day; or(b)if the Minister, by written notice given to the wagering licensee, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.(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 later day.
(1)The Minister may approve audit programs for investigating the following—(a)wagering licensees;(b)business or executive associates of wagering licensees;(c)permit holders;(d)business or executive associates of permit holders.(2)The chief executive is responsible for ensuring an investigation of a person under an approved audit program is conducted in accordance with the program.
37Investigation of suitability of authority holders
(1)The chief executive may investigate an authority holder to help the Minister decide whether the holder is a suitable person to hold a wagering authority of the kind held by the holder.(2)However, the chief executive may investigate an authority holder only if—(a)the Minister reasonably suspects the holder is not a suitable person to hold a wagering authority of the kind held by the holder; or(b)the investigation is made under the relevant audit program approved by the Minister.(3)Also, an authority holder may be investigated under an audit program only if there has not been an investigation of the holder under the program within the preceding 2 years.
38Investigation of suitability of associates of wagering licensees
(1)The chief executive may investigate a business or executive associate of a wagering licensee to help the Minister decide whether the associate is a suitable person to be associated with a wagering licensee’s operations.(2)However, the chief executive may investigate a business or executive associate of a wagering licensee only if—(a)the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering licensee’s operations; or(b)the investigation is made under an audit program for business and executive associates of wagering licensees approved by the Minister; or(c)for a person who became a business or executive associate of the wagering licensee after the issue of the wagering licence—the associate has not been investigated previously under an audit program mentioned in paragraph (b); or(d)the associate—(i)was a business or executive associate of the licensee 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 licensee may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.
39Investigation of suitability of associates of permit holders
(1)The chief executive may investigate a business or executive associate of a permit holder to help the Minister decide whether the associate is a suitable person to be associated with a permit holder’s operations.(2)However, the chief executive may investigate a business or executive associate of a permit holder only if—(a)the Minister reasonably suspects the associate is not a suitable person to be associated with a permit holder’s operations; or(b)the investigation is made under an audit program for business and executive associates of permit holders approved by the Minister; or(c)for a person who became a business or executive associate of the permit holder after the issue of the oncourse wagering permit—the associate has not been investigated previously under an audit program mentioned in paragraph (b).(3)Also, a business or executive associate of a permit holder may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.
40Requirement to give information or document for investigation
(1)In investigating an authority holder, or business or executive associate of an authority holder, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
41Failure to give information or document for investigation
(1)A person of whom a requirement is made under section 40 must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.(3)The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.
42Criminal history report for investigation
(1)If the chief executive in investigating a person under section 37, 38 or 39 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.(2)The report is to contain—(a)relevant information in the commissioner’s possession; and(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and(c)other relevant information to which the commissioner has access.
43Grounds for suspension or cancellation
(1)A ground for suspending or cancelling a wagering authority exists if the authority holder—(a)is not a suitable person to hold a wagering authority of the kind held by the holder; or(b)is convicted of an offence against this Act or a gaming Act; or(c)is convicted of an indictable offence; or(d)contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or(e)contravenes a condition of the authority; or(f)fails to discharge the holder’s financial commitments for the holder’s operations; or(g)is affected by bankruptcy action, or by control action under the Corporations Act.(2)Also, a ground for suspending or cancelling a wagering authority exists if—(a)the authority was issued because of a materially false or misleading representation or declaration; or(b)for a wagering licence—a business or executive associate of the wagering licensee is not a suitable person to be associated with a wagering licensee’s operations; or(c)for an oncourse wagering permit—a business or executive associate of the permit holder is not a suitable person to be associated with a permit holder’s operations.(3)For subsection (1)(g), an authority holder is affected by bankruptcy action if the holder—(a)is bankrupt; or(b)has compounded with creditors; or(c)has otherwise taken, or applied to take, advantage of any law about bankruptcy.(4)For subsection (1)(g), an authority holder is affected by control action under the Corporations Act if the holder—(a)has executed a deed of company arrangement under that Act; or(b)is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or(c)is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.
(1)This section applies if the Minister believes—(a)a ground exists to suspend or cancel a wagering authority; and(b)the act, omission or other thing forming the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of authorised wagering under the wagering authority may be jeopardised in a material way; or(ii)the public interest may be affected in an adverse and material way.(2)The Minister must give the authority holder a written notice (a show cause notice)—(a)stating the action (the proposed action) the Minister proposes taking under this division; and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)if the proposed action is suspension of the wagering authority—stating the proposed suspension period; and(e)inviting the authority holder to show within a stated period (the show cause period) why the proposed action should not be taken.(3)The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder.(4)The authority holder may make representations about the show 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 cause notice to each person (an interested person) the Minister considers has an interest in the wagering authority if the Minister considers—(a)the person’s interest may be affected adversely by the suspension or cancellation of the authority; and(b)it is otherwise appropriate in the circumstances to give a copy of the notice to the person.(2)In considering whether it is appropriate to give a copy of the show cause notice to an interested person, the issues to which the Minister may have regard include the following—(a)the nature of the interested person’s interest;(b)whether the authority holder’s interest may be improperly prejudiced.(3)An interested person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period.
46Consideration of representations
The Minister must consider all written representations (the accepted representations) made in the show cause period by—(a)the authority holder; or(b)an interested person to whom a copy of the show cause notice was given.
47Ending show cause process without further action
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to suspend or cancel the wagering authority.(2)The Minister must not take any further action about the show cause notice.(3)Notice that no further action about the show cause notice is to be taken must be given by the Minister to—(a)the authority holder; and(b)each interested person to whom a copy of the show cause notice was given.
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but—(a)does not believe suspension or cancellation of the authority is warranted; and(b)does not consider it is appropriate to take action under section 49.(2)This section also applies if the Minister has not given a show cause notice to the authority holder but—(a)believes a ground exists to suspend or cancel the wagering authority; and(b)does not believe the giving of a show cause notice is warranted.(3)The Minister may, by written notice given to the authority holder, censure the holder for a matter relating to the ground for suspension or cancellation.
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but considers—(a)a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and(b)that it is appropriate to give the authority holder an opportunity to rectify the matter.(2)This section also applies if the Minister has not given a show cause notice to the authority holder and—(a)the Minister believes a ground exists to suspend or cancel the wagering authority; and(b)the Minister considers—(i)a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and(ii)that it is appropriate to give the authority holder an opportunity to rectify the matter without giving a show cause notice; and(c)the authority holder has been given—(i)written notice that the Minister proposes to give a direction under this section; and(ii)a reasonable opportunity to make representations about the proposed direction.(3)However, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 50(1).(4)The Minister may, by written notice given to the authority holder, direct the holder to rectify the matter within the period stated in the notice.(5)The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.
50Notice by Minister to Governor in Council
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes—(a)a ground exists to suspend or cancel the wagering authority; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of authorised wagering under the wagering authority may be jeopardised in a material way; or(ii)the public interest may be affected in an adverse and material way.(2)This section also applies if—(a)there are no accepted representations for the show cause notice; or(b)a direction to rectify a matter is given to the authority holder under section 49 and the holder fails to comply with the direction within the period stated in the relevant notice.(3)The Minister must give to the Governor in Council written notice of the Minister’s belief under subsection (1), or of the matter mentioned in subsection (2), together with—(a)a copy of the show cause notice; and(b)copies of any accepted representations for the show cause notice.
51Suspension, cancellation and appointment of administrator
(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 notice was to suspend the wagering authority for a stated period—suspend the authority for not longer than the stated period; or(b)if the proposed action stated in the show cause notice was to cancel the wagering authority—(i)suspend the authority for a period; or(ii)cancel the authority; or(iii)appoint an administrator to conduct the operations of the authority holder under the authority.(2)The Minister must promptly give written notice of the decision of the Governor in Council to—(a)the authority holder; and(b)each interested person to whom a copy of the show cause 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 later day.(4)If the wagering authority is cancelled, the person who held the authority must, within 14 days after receiving notice of the decision, return the authority to the chief executive.Maximum penalty for subsection (4)—200 penalty units or 1 year’s imprisonment.
52Immediate suspension of authority by Minister
(1)The Minister may suspend a wagering authority immediately if the Minister believes—(a)a ground exists to suspend or cancel the authority; and(b)the circumstances are so extraordinary that it is imperative to suspend the authority immediately to ensure—(i)the integrity of the conduct of authorised wagering under the wagering authority is not jeopardised in a material way; or(ii)the public interest is not affected in an adverse and material way.(2)The suspension—(a)must be effected by written notice (a suspension notice) given to the authority holder with a show cause notice; and(b)operates immediately the suspension notice is given; and(c)continues to operate until the show cause notice is finally dealt with.
53Terms of appointment, and role, of administrator
(1)This section applies to an administrator appointed by the Governor in Council to conduct operations under a wagering authority.(2)For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.(3)The administrator—(a)has full control of, and responsibility for, the operations of the authority holder conducted under the wagering authority (including operations relating to anything that had been started but not finished at the time of the administrator’s appointment); and(b)subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the authority holder.(4)The costs of and incidental to the conduct and administration of an authority holder’s operations by an administrator under this section (the costs of administration) are payable by the authority holder.(5)Any profits derived from the conduct of the authority holder’s operations by the administrator are, after payment of the costs of administration, to be paid to the authority holder.(6)This section and section 51(1)(b)(iii) apply despite the Corporations Act.
54Cancellation or reduction of period of suspension
(1)At any time a suspension of a wagering authority by the Governor 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)The Minister must promptly give written notice of the decision of the Governor in Council to—(a)the authority holder; and(b)each interested person to whom a copy of the show cause 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)directs the authority holder to rectify a matter under section 49; or(c)suspends the wagering authority under section 52.(2)The Minister must promptly give written notice of the decision to each interested person to whom a copy of the show cause notice was given.
56Application for approval of particular events and contingencies
(1)A sports wagering licensee may apply to the Minister for approval to conduct wagering on—(a)a simulated event; or(b)a simulated contingency; or(c)a non-sporting event; or(d)a contingency that relates to a non-sporting event.(2)The event or contingency may be in Australia or elsewhere.(3)The application may relate to a particular event or contingency or a class of event or contingency.(4)The application must—(a)be in writing; and(b)describe the event or contingency, or class of event or contingency, for which approval is sought.
56Application for approval of events or contingencies
(1)A sports wagering licensee may apply to the Minister for approval to conduct wagering on—(a)an event or contingency; or(b)a class of events or contingencies.(2)The application must—(a)be in writing; and(b)describe the event or contingency or class of events or contingencies for which approval is sought.
(1)The Minister must consider an application under section 56 and either give, or refuse to give, the approval sought by the application.(2)An approval must not relate to—(a)an event or contingency for which a race wagering licence has been, or may be, issued; or(b)a sporting event or contingency.(3)An approval may relate to an event or contingency in or outside Australia.(4)The Minister must not give an approval for an event or contingency the Minister considers to be offensive or contrary to the public interest.(2)However, the Minister must not grant an approval that relates to—(a)an event for which wagering is authorised to be conducted under a race wagering licence; or(b)a sporting event; or(c)a contingency that relates to an event mentioned in paragraphs (a) or (b); or(d)an event or contingency the Minister considers to be offensive or contrary to the public interest.
(1)The Minister may give an approval for this division—(a)on conditions the Minister considers necessary or desirable for the proper conduct of the wagering under the sports wagering licence; or(b)on other conditions the Minister considers necessary or desirable in the public interest.(2)A condition under subsection (1) is taken to be a condition of the sports wagering licence.
(1)If the Minister gives an approval for this division, the Minister must give the sports wagering licensee a written notice stating—(a)the decision; and(b)any conditions of the approval.(2)The notice also may state the period for which the approval remains in force.(3)If the Minister refuses to give an approval, the Minister must give the sports wagering licensee a written notice stating the decision and the reasons for the decision.
An approval remains in force—(a)if a period is stated in the notice mentioned in section 59—for the period stated; or(b)if no period is stated in the notice—until the approval is withdrawn.
(1)The Minister may, for any reason the Minister considers appropriate, withdraw an approval given under section 57.(2)However, an approval may be withdrawn only if the Minister—(a)has given the sports wagering licensee a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and(b)has considered any representations made by the licensee in the process carried out by the Minister under paragraph (a).(3)The withdrawal must be made by written notice, stating the reasons for the decision, given to the sports wagering licensee.(4)The decision takes effect—(a)on the day the notice is given to the sports wagering licensee; or(b)if a later day of effect is stated in the notice—on the later day.
62Suitability of involved persons
(1)This section applies to the Minister in deciding whether—(a)a proposed wagering manager (the involved person) is a suitable person to be a wagering manager; or(b)a wagering manager (also the involved person) is a suitable person to be a wagering manager.(2)The Minister may have regard to the following matters—(a)the involved person’s business reputation;(b)the involved person’s current financial position and financial background;(c)whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;(d)whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of a wagering manager’s operations;(e)whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations as a wagering manager;(f)whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations as a wagering manager;(g)if the involved person has a business association with another entity—(i)the entity’s character or business reputation; and(ii)the entity’s current financial position and financial background;(h)anything else prescribed under a regulation.
(1)This section applies to the Minister in deciding whether—(a)a business or executive associate of a proposed wagering manager is a suitable person to be associated with a wagering manager’s operations; or(b)a business or executive associate of a wagering manager is a suitable person to be associated with a wagering manager’s operations.(2)The Minister may have regard to the following matters—(a)the associate’s character or business reputation;(b)the associate’s current financial position and financial background;(c)if the associate has a business association with another entity—(i)the entity’s character or business reputation; and(ii)the entity’s current financial position and financial background;(d)anything else prescribed under a regulation.
64Other matters about suitability
Sections 62 and 63 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate.
(1)A wagering licensee may appoint a person to manage some or all the operations relating to authorised wagering conducted under the wagering licence.(2)However, a wagering licensee may appoint a person as wagering manager—(a)only with the approval of the Minister; and(b)only if the person is a corporation.
An application for approval to appoint a person as wagering manager must be made to the Minister in writing by the wagering licensee.
67Further information or documents to support application
(1)The Minister may, by written notice given to an applicant for an approval, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice.(2)The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application.
68Consideration of application
(1)The Minister must consider an application for an approval and either give, or refuse to give, the approval.(2)However, the Minister is not required to decide an application if—(a)the Minister has given the applicant a notice under section 67 requiring the applicant to give the Minister further information or a document about the application; and(b)the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.(3)The Minister may approve the appointment of a person as a wagering manager only if the Minister is satisfied—(a)the person is a suitable person to be a wagering manager; and(b)each business and executive associate of the person is a suitable person to be associated with a wagering manager’s operations.(4)The Minister must promptly give the applicant written notice of the Minister’s decision.
69Investigation of suitability of persons
(1)The chief executive may investigate a proposed wagering manager to help the Minister decide whether the person is a suitable person to be a wagering manager.(2)The chief executive may investigate a business or executive associate of a proposed wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager’s operations.
70Criminal history reports for investigations
(1)If the chief executive in investigating a person under section 69 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.(2)The report is to contain—(a)relevant information in the commissioner’s possession; and(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and(c)other relevant information to which the commissioner has access.
71Meaning of wagering management agreement
A wagering management agreement is an agreement between a wagering licensee and another person—(a)appointing the other person as a wagering manager for some or all the operations relating to authorised wagering conducted under the wagering licence; and(b)dealing with the wagering manager’s authority; and(c)stating the conditions under which the wagering manager acts as, and remains, a wagering manager for the wagering licensee; and(d)stating other matters agreed between the wagering manager and wagering licensee.
72Entering into wagering management agreement
A wagering licensee must not enter into a wagering management agreement without the written approval of the Minister.Maximum penalty—40 penalty units.
73Amendment of wagering management agreement
A wagering management agreement may be amended only with the written approval of the Minister.
74Approvals for wagering management agreements
(1)A wagering licensee may apply to the Minister for approval to enter 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 or amendment.(3)The Minister must consider an application for approval and either give, or refuse to give, the approval.(4)However, the Minister may refuse to give an approval only if the Minister reasonably believes it is necessary to refuse the approval—(a)in the public interest; or(b)to protect proper standards of integrity in the conduct of approved wagering.(5)The Minister must promptly give the wagering licensee written notice of the Minister’s decision.
(1)The Minister may approve audit programs for investigating—(a)wagering managers; and(b)business or executive associates of wagering managers.(2)The chief executive is responsible for ensuring an investigation of a person under a relevant approved audit program is conducted in accordance with the program.
76Investigation of suitability of wagering managers
(1)The chief executive may investigate a wagering manager to help the Minister decide whether the manager is a suitable person to be a wagering manager.(2)However, the chief executive may investigate a wagering manager only if—(a)the Minister reasonably suspects the manager is not a suitable person to be a wagering manager; or(b)the investigation is made under an audit program for wagering managers approved by the Minister.(3)Also, a wagering manager may be investigated under an audit program only if there has not been an investigation of the manager under the program within the preceding 2 years.
77Investigation of suitability of associates of wagering managers
(1)The chief executive may investigate a business or executive associate of a wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager’s operations.(2)However, the chief executive may investigate a business or executive associate of a wagering manager only if—(a)the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering manager’s operations; or(b)the investigation is made under an audit program for business and executive associates of wagering managers approved by the Minister; or(c)for a person who became a business or executive associate of the wagering manager after the manager’s appointment—the associate has not been investigated previously under an audit program mentioned in paragraph (b).(3)Also, a business or executive associate of a wagering manager may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.
78Requirement to give information or document for investigation
(1)In investigating a wagering manager, or business or executive associate of a wagering manager, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
79Failure to give information or document for investigation
(1)A person of whom a requirement is made under section 78 must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.(3)The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.
80Criminal history report for investigation
(1)If the chief executive in investigating a person under section 76 or 77 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.(2)The report is to contain—(a)relevant information in the commissioner’s possession; and(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and(c)other relevant information to which the commissioner has access.
81Grounds for directing termination
(1)A ground for directing the termination of a wagering management 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 gaming Act; or(c)is convicted of an indictable offence; or(d)contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or(e)fails to discharge the manager’s financial commitments for the manager’s operations; or(f)is affected by control action under the Corporations Act.(2)Also, a ground for directing the termination of a wagering management agreement exists if—(a)the approval of the Minister for the wagering manager’s appointment, or the entering into of the agreement, was given because of a materially false or misleading representation or declaration; or(b)a business or executive associate of the wagering manager is not a suitable person to be associated with a wagering manager’s operations.(3)For subsection (1)(f), a wagering manager is affected by control action under the Corporations Act if the manager—(a)has executed a deed of company arrangement under that Act; or(b)is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or(c)is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.
(1)This section applies if the Minister believes—(a)a ground exists for directing the termination of a wagering management agreement; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised in a material way; or(ii)the public interest may be affected in an adverse and material way.(2)The Minister must give the wagering manager a written notice (a show cause notice)—(a)stating the Minister proposes to take action (the proposed action) to direct the wagering licensee to terminate the wagering management agreement; and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)inviting the wagering manager to show within a stated period (the show cause period) why the proposed action should not be taken.(3)The show cause period must be a period ending at least 21 days after the show cause notice is given to the wagering manager.(4)The Minister must promptly give a copy of the show cause notice to the wagering licensee.
83Representations about show cause notice
(1)The wagering manager, and wagering licensee to whom a copy of the show cause notice is given, may make representations about the show cause notice to the Minister in the show cause period.(2)The Minister must consider all written representations (the accepted representations) made under subsection (1).
84Ending show cause process without further action
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to direct the termination of the wagering management agreement.(2)The Minister must not take any further action about the show cause notice.(3)Notice that no further action about the show cause notice is to be taken must be given by the Minister to the wagering manager and licensee.
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to direct the termination of the wagering management agreement but—(a)does not believe termination of the agreement is warranted; and(b)does not consider it is appropriate to take action under section 86.(2)This section also applies if the Minister has not given a show cause notice to the wagering manager but—(a)believes a ground exists to direct the termination of the wagering management agreement; and(b)does not believe the giving of a show cause notice is warranted.(3)The Minister may, by written notice given to the wagering manager, censure the manager for a matter relating to the ground for directing the termination of the agreement.
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to direct the termination of the wagering management agreement but considers—(a)a matter relating to the ground is reasonably capable of being rectified; and(b)that it is appropriate to give the wagering manager an opportunity to rectify the matter.(2)This section also applies if the Minister has not given a show cause notice to the wagering manager and—(a)the Minister believes a ground exists to direct the termination of the wagering management agreement; and(b)the Minister considers—(i)a matter relating to the ground is reasonably capable of being rectified; and(ii)that it is appropriate to give the wagering manager an opportunity to rectify the matter without giving a show cause notice; and(c)the wagering manager and wagering licensee have been given—(i)written notice that the Minister proposes to give a direction under this section; and(ii)a reasonable opportunity to make representations about the proposed direction.(3)However, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 87.(4)The Minister may, by written notice given to the wagering manager, direct the manager to rectify the matter within the period stated in the notice.(5)The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.
87Direction to terminate agreement
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes—(a)a ground exists to direct the termination of the wagering management agreement; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised in a material way; or(ii)the public interest may be affected in an adverse and material way.(2)This section also applies if—(a)there are no accepted representations for the show cause notice; or(b)a direction to rectify a matter is given to the wagering manager under section 86 and the manager fails to comply with the direction within the period stated in the relevant notice.(3)The Minister may, by written notice given to the wagering licensee, direct the licensee to terminate the wagering management agreement within the time stated in the notice.(4)If the Minister gives a direction under this section, the Minister must promptly give a copy of the relevant notice to the wagering manager.
88Termination of agreement on direction
(1)If the Minister directs a wagering licensee to terminate a wagering management agreement, the licensee must—(a)terminate the agreement within the time stated in the relevant notice; and(b)notify the chief executive of the termination in the approved form within 7 days after terminating the agreement.(2)If the wagering licensee does not terminate the wagering management agreement as required by subsection (1), the agreement is terminated by this Act.(3)The State does not incur any liability if a wagering management agreement is terminated by a wagering licensee under subsection (1) or by this Act.(4)A wagering licensee does not incur any liability because the licensee terminates a wagering management agreement under subsection (1).
89Termination of agreement without direction
(1)This section applies if a wagering management agreement is terminated otherwise than because of a direction to terminate the agreement given to the wagering licensee by the Minister.(2)The wagering licensee must notify the chief executive in writing of the termination within 7 days after the agreement is terminated.Maximum penalty for subsection (2)—40 penalty units.
90Suspending wagering manager’s operations
(1)The Minister may suspend the wagering manager’s operations immediately if the Minister believes—(a)a ground exists to direct the termination of the wagering management agreement; and(b)the circumstances are so extraordinary that it is imperative to suspend the operations to ensure—(i)the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or(ii)the public interest is not affected in an adverse and material way.(2)The suspension—(a)must be effected by written notice (a suspension notice) given to the wagering manager with a show cause notice; and(b)operates immediately the suspension notice is given; and(c)continues to operate until the show cause notice is finally dealt with.(3)A wagering manager must not carry on operations while the manager’s operations are suspended.Maximum penalty for subsection (3)—200 penalty units or 2 years imprisonment.
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 under section 86; or(c)suspends the wagering manager’s operations under section 90.(2)The Minister must promptly give written notice of the decision to the wagering licensee.
In this part—decision includes—(a)conduct engaged in to make a decision; and(b)conduct related to making a decision; and(c)failure to make a decision.
(1)This part applies to a decision of the Governor in Council or Minister made, or appearing to be made, under this Act about or affecting—(a)a wagering authority, wagering manager or wagering management 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.(2)The decisions to which this part applies include, but are not limited to—(a)a decision of the Governor in Council mentioned in schedule 1, part 1; and(b)a decision of the Minister mentioned in schedule 1, part 2.
94Certain decisions not to be justiciable
A decision to which this part applies—(a)is final and conclusive; and(b)can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and(c)is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.
(1)A wagering employee is a key employee of an authority operator if the employee—(a)occupies or acts in a managerial position, or carries out managerial functions, in relation to any operations conducted under the relevant wagering authority; or(b)is in a position to affect or significantly influence any operations conducted under the relevant wagering authority; or(c)occupies or acts in a position designated in the authority operator’s control system as a key position.(2)Subsection (1)(a) applies to a position only if the position is designated by the chief executive as a key position.(3)Subsection (1)(a) applies to functions only if the functions are designated by the chief executive as key functions.(4)Subsection (1)(b) applies to an employee only if the employee is designated by the chief executive as being in a key position.(5)A designation of the chief executive for subsection (2), (3) or (4) must be made by written notice given to the authority operator.
96Requirement to be licensed employee
A person must not occupy or act in the position of a key employee, or carry out the functions of a key employee, in relation to the conduct of operations under a wagering authority unless the person is a licensed employee.Maximum penalty—40 penalty units.
97Prohibition of employment as key employees of persons who are not licensed employees
An authority operator must not employ a person as a key employee, or to carry out the functions of a key employee, unless the person is a licensed employee.Maximum penalty—40 penalty units.
A key operator is a person (other than a wagering employee) who—(a)is in a position to control or exercise significant influence over the conduct of an authority operator’s operations; or(b)is associated with an authority operator in a way that enables the person to control or exercise significant influence over the conduct of the authority operator’s operations; or(c)occupies a position or has an association with an authority operator of a kind that makes the person a key operator under criteria prescribed under a regulation.
99Requirement that key operator apply for licence or end role
(1)If the chief executive reasonably believes a person is a key operator, the chief executive may, by written notice given to the person, require the person either to apply to be licensed as a key operator under a key person licence, or to stop being a key operator, within 7 days of receiving the notice.(2)The person must comply with the requirement (the key operator’s requirement) within 7 days of receiving the notice, unless the person has a reasonable excuse.Maximum penalty—100 penalty units or 1 year’s imprisonment.
(3)The chief executive must give a copy of the notice to the relevant authority operator.
100Requirement that key operator end role
(1)This section applies if—(a)a key operator’s requirement is made of a person; and(b)the person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.(2)The chief executive may, by written notice given to the person, require the person to stop being a key operator of the authority operator within the time stated in the notice.(3)The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse.Maximum penalty—100 penalty units or 1 year’s imprisonment.
(4)A person does not incur any liability because of action taken to 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 of a person and either—(a)the person fails to comply with the requirement; or(b)the person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.(2)The chief executive may, by written notice given to the authority operator for whom the person is a key operator, require the authority operator to take any necessary action to ensure the person stops being a key operator within the time stated in the notice.(3)The authority operator must comply with the requirement.(4)This section applies to an authority operator despite any other Act or law.(5)An authority operator does not incur any liability because of action taken to comply with a requirement under this section.
(1)An application for a key person licence must be made to the chief executive in the approved form.(2)The application must be accompanied by—(a)if the applicant applies to be licensed as an employee—a written notice from an authority operator to the chief executive stating that the operator intends to employ the applicant as a key employee subject to the applicant being 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)The chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document about the application within the reasonable time stated in the notice.(2)The requirement must relate to information or a document that is necessary and reasonable to help the chief executive decide the application.
104Consideration of application
(1)The chief executive must consider an application for a key person licence and either grant or refuse to grant the application.(2)Despite subsection (1), the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.(3)Also, despite subsection (1), the chief executive is not required to decide an application if—(a)the chief executive has given the applicant a notice under section 103 requiring the applicant to give the chief executive further information or a document about the application; and(b)the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.
105Conditions for granting application
The chief executive may grant an application for a key person licence only if—(a)the applicant’s photograph and fingerprints have been taken; and(b)the chief executive is satisfied the applicant is a suitable person to hold a key person licence.Criteria for deciding a person’s suitability to hold a key person licence are dealt with in section 113.
106Investigation of suitability of applicant
The chief executive may investigate an applicant for a key person licence to help the chief executive decide whether the applicant is a suitable person to hold a key person licence.
107Criminal history report for investigation
(1)If the chief executive in investigating an applicant for a key person licence asks the commissioner of the police service for a written report on the applicant’s criminal history, the commissioner must give the report to the chief executive.(2)The report is to contain—(a)relevant information in the commissioner’s possession; and(b)relevant information the commissioner can reasonably obtain by inquiry from officials administering police services in other Australian jurisdictions; and(c)other relevant information to which the commissioner has access.
(1)If the chief executive decides to grant an application for a key person licence, the chief executive must promptly—(a)issue a key person licence to the applicant; and(b)give written notice of the issue of the licence to the relevant authority operator.(2)If the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly—(a)give the applicant an information notice about the decision; and(b)give written notice of the decision to the relevant authority operator.
(1)The chief executive may issue a key person licence—(a)on conditions the chief executive considers necessary or desirable for the proper conduct of approved wagering; and(b)on other conditions the chief executive considers necessary or desirable in the public interest.(2)If the chief executive decides to issue a key person licence on conditions, the chief executive must promptly—(a)give the applicant an information notice about the decision; and(b)give a copy of the notice to the relevant authority operator.
(1)A key person licence must be in the approved form.(2)The approved form must provide for the inclusion of the following—(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 licensed as a key operator;(e)the conditions of the licence;(f)any other particulars prescribed under a regulation.
A key person licence remains in force unless it lapses or is cancelled or surrendered.
(1)A key person licence lapses if the key person licensee is a licensed employee and—(a)at the end of 1 year after the licence was issued, the licensee has not been employed (whether as a key employee or in another capacity) by an authority operator; or(b)the licensee ceases to be employed by an authority operator and is not re-employed by the same or another authority operator within the following 3 months.(2)A key person licence lapses if the key person licensee is licensed as a key operator and ceases to be a key operator.
113Suitability of applicants and key person licensees
(1)This section applies to the chief executive in deciding whether an applicant for a key person licence (the involved person) or a key person licensee (also the involved person) is a suitable person to hold a key person licence.(2)The chief executive may have regard to the following matters—(a)the involved person’s character;(b)the involved person’s current financial position and financial background;(c)the involved person’s general suitability to carry out functions as a key employee or to be a key operator for an authority operator.
114Changing conditions of licence
(1)The chief executive may decide to change the conditions of a key person licence if the chief executive considers it is necessary or desirable to make the change for the proper conduct of approved wagering or otherwise in the public interest.(2)If the chief executive decides to change the conditions, the chief 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 is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.(3)A change of the conditions—(a)takes effect—(i)on the day the information notice for the change is given to the key person licensee; or(ii)if a later day of effect is stated in the notice—on the later day; and(b)does not depend on the key person licence being amended to record the change, or a replacement licence recording the change being issued.(4)The power of the chief executive to change the conditions of a key person licence includes the power to add conditions to an unconditional licence.
115Recording change of conditions
(1)The key person licensee must return the key person licence to the chief executive within 7 days of receiving the information notice notifying a change of conditions, unless the licensee has a reasonable excuse.Maximum penalty—40 penalty units.
(2)On receiving the key person licence, the chief executive must—(a)amend the licence in an appropriate way and return the amended licence to the key person licensee; or(b)if the chief executive does not consider it practicable to amend the licence—issue a replacement key person licence, incorporating the changed conditions, to the key person licensee.
(1)A key person licensee may apply to the chief executive for the replacement of the key person licence if the licence has been lost, stolen, destroyed or damaged.(2)The chief executive must consider an application and either grant or refuse to grant the application.(3)The chief executive must grant an application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement.(4)If the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence.(5)If the chief executive decides to refuse to grant an application, the chief executive must promptly—(a)give the key person licensee an information notice about the decision; and(b)if the chief executive believes the key person licensee is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.
(1)A key person licensee may surrender the key person licence by 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 later day.(3)If the chief executive believes the key person licensee was, at the time of the surrender, an employee or key operator of an authority operator, the chief executive must promptly give written notice of the surrender to the authority operator.
(1)The chief executive may approve an audit program for investigating key person licensees.(2)The chief executive is responsible for ensuring an investigation of a key person licensee under an approved audit program is conducted in accordance with the program.
119Investigation of suitability of key person licensees
(1)The chief executive may investigate a key person licensee to help the chief executive decide whether the licensee is a suitable person to hold a key person licence.Criteria for deciding a person’s suitability to hold a key person licence are dealt with in section 113.(2)However, the chief executive may investigate a key person licensee only if—(a)the chief executive reasonably suspects the licensee is not a suitable person to hold a key person licence; or(b)the investigation is made under an audit program for key person licensees approved by the chief executive.(3)Also, a key person licensee may be investigated under an audit program only if there has not been an investigation of the licensee under the program within the preceding 2 years.
120Requirement to give information or document for investigation
(1)In investigating a key person licensee, the chief executive may, by written notice given to the licensee, require the licensee to give the chief executive information or a document the chief executive considers relevant to the investigation.(2)When making the requirement, the chief executive must warn the key person licensee it is an offence to fail to comply with the 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 under section 120 must comply with the requirement, unless the licensee has a reasonable excuse.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)It is a reasonable excuse for the key person licensee not to comply with the requirement if complying with the requirement might tend to incriminate the licensee.(3)The key person licensee does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.
122Criminal history report for investigation
(1)If the chief executive in investigating a key person licensee under section 119 asks the commissioner of the police service for a written report on the licensee’s criminal history, the commissioner must give the report to the chief executive.(2)The report is to contain—(a)relevant information in the commissioner’s possession; and(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and(c)other relevant information to which the commissioner has access.
(1)Each of the following is a ground for suspending or cancelling a key person licensee’s key person licence—(a)the key person licensee—(i)is not a suitable person to hold a key person licence; or(ii)acts in a way that is inappropriate for the conduct of authorised wagering; or(iii)contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or(iv)contravenes a condition of the licence;(b)the key person licensee has a conviction, other than a spent conviction, for—(i)an offence against this Act or a gaming Act; or(ii)an indictable offence;(c)the key person licence was issued because of a materially false or misleading representation or document.(2)For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 113(2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence.(3)For subsection (1)(a)(ii), a key person licensee acts in a way that is inappropriate for the conduct of authorised wagering if the licensee does, or omits to do, an act that results in—(a)the conduct of authorised wagering by an authority operator not being conducted under the operator’s control system for the conduct of the wagering; and(b)the integrity of the conduct of authorised wagering being jeopardised.(4)In this section—spent conviction means a conviction—(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and(b)that is not revived as prescribed by section 11 of that Act.
(1)If the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee a written notice (a show cause notice).(2)The show cause notice must state the following—(a)the action the chief executive proposes taking under this subdivision (the proposed action);(b)the grounds for the proposed action;(c)an outline of the facts and circumstances forming the basis for the grounds;(d)if the proposed action is suspension of the licence—the proposed suspension period;(e)that the key person licensee may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken.(3)The show cause period must end at least 21 days after the key person licensee is given the show cause notice.(4)Subsection (5) applies if the chief executive believes—(a)the key person licensee is an employee or a key operator of an authority operator; and(b)the existence of the grounds for the proposed action is likely to adversely affect the conduct of authorised wagering by the authority operator.(5)The chief executive must immediately give a copy of the show cause notice to the authority operator.(6)The authority operator may make written representations about the show cause notice to the chief executive in the show cause period.
125Consideration of representations
The chief executive must consider all written representations (the accepted representations) made under section 124(2)(e) or (6).
(1)The chief executive may suspend a key person licensee’s key person licence immediately if the chief executive believes—(a)a ground exists to suspend or cancel the licence; and(b)it is necessary to suspend the licence immediately—(i)in the public interest; or(ii)to ensure the integrity of the conduct of authorised wagering is not jeopardised.(2)The suspension—(a)can be effected only by the chief executive giving the key person licensee an information notice for the decision to suspend the licence, together with a show cause notice; and(b)operates immediately the information notice is given to the licensee; and(c)continues to operate until the show cause notice is finally dealt with.(3)If the chief executive believes the key person licensee is an employee or a key operator of an authority operator, the chief executive must immediately give written notice of the suspension to the authority operator.
127Suspension and cancellation of licence after show cause process
(1)This section applies if—(a)there are no accepted representations for a show cause notice; or(b)after considering the accepted representations for a show cause notice, the chief executive—(i)still believes a ground exists to suspend or cancel a key person licence; and(ii)believes suspension or cancellation of the licence is warranted.(2)This section also applies if a key person licensee contravenes a direction given to the licensee under section 130.(3)The chief executive may—(a)if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or(b)if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.(4)If the chief executive decides to take action under subsection (3), the chief executive must immediately—(a)give an information notice for the decision to the key person licensee; and(b)if the chief executive believes the licensee is an employee or a key operator of an authority operator—give written notice of the suspension or cancellation to the authority operator.(5)The decision takes effect on the later of the following—(a)the day the information notice is given to the key person licensee;(b)the day of effect stated in the information notice.(6)If the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect.Maximum penalty for subsection (6)—40 penalty units.
128Ending show cause process without further action
(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a key person licence.(2)The chief executive—(a)must not take any further action about the show cause notice; and(b)must give each of the following a written notice stating that no further action is to be taken—(i)the key person licensee;(ii)an authority operator to whom a copy of the show cause notice was given under section 124(5).
129Censuring key person licensee
(1)The chief executive may censure a key person licensee for a matter relating to a ground for suspension or cancellation if the chief executive—(a)believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or(b)after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.(2)The censure can be effected only by the chief executive giving the key person licensee an information notice for the decision to censure the licensee.(3)If the chief executive believes the key person licensee is an employee or a key operator of an authority operator, the chief executive must immediately give written notice of the censure to the authority operator.
130Direction to rectify matter after show cause process
(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive—(a)still believes a ground exists to suspend or cancel a key person licence; and(b)believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.(2)The chief executive may direct the key person licensee to rectify the matter.(3)If the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice for the decision.(4)The information notice must state the period for rectifying the matter.(5)The period must be reasonable, having regard to the nature of the matter to be rectified.(6)If the chief executive gave a copy of the show cause notice to an authority operator under section 124(5), the chief executive must give written notice of the direction to the authority operator immediately after giving the information notice to the key person licensee.
131Cancellation or reduction of period of suspension
(1)If the chief executive suspends a key person licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force—(a)cancel the period; or(b)reduce the period by a stated period.(2)The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.(3)The chief executive must immediately give written notice of the decision to—(a)the key person licensee; and(b)if the chief executive believed the key person licensee was an employee or a key operator of an authority operator when the key person licence was suspended—the authority operator.(4)Subsection (1) does not apply to an immediate suspension.
132Notice of start of licensed employee’s employment
Within 7 days after a licensed employee starts employment with an authority operator, the authority operator must notify the chief executive of the start of the employment by notice in the 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 licensed employee; or(b)a licensed employee ends the employee’s employment with an authority operator; or(c)a licensed employee otherwise ceases to be employed by an authority operator.(2)Within 7 days after the licensed employee’s employment with the authority operator ends, the authority operator must notify the chief executive of the end of the employment by notice in the 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 an authority operator is cancelled or suspended; or(b)a licensed employee of an authority operator ceases to hold a key person licence for some other reason.(2)The chief executive may, by written notice given to the authority operator, require the operator to end the employee’s employment as a key employee within the time stated in the notice.(3)The authority operator must comply with the requirement.(4)This section applies to an authority operator despite any other Act or law or any industrial award or agreement.(5)An authority operator does not incur any liability because of action taken to comply with a requirement under this section.
136Notice of end of key operator’s role
(1)This section applies if a person who holds a key person licence as a key operator stops being a key operator for an authority operator.(2)Within 7 days after the person stops being a key operator for the authority operator, the authority operator must notify the chief 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)a key person licence held by a key operator for an authority operator is cancelled or suspended; or(b)a key operator for an authority operator ceases to hold a key person licence for some other reason.(2)The chief executive may, by written notice given to the authority operator, require the authority operator to take any action that is necessary and reasonable to ensure the person ceases to be a key operator for the authority operator within the time stated in the notice.(3)The authority operator must comply with the requirement.(4)This section applies to an authority operator despite any other Act or law.(5)An authority operator does not incur any liability because of action taken to comply with a requirement under this section.
138False statements by applicants
A person must not, for an application made under this part, state anything the person knows is false or misleading in a material particular.Maximum penalty—40 penalty units.
139Destruction of fingerprints
(1)This section applies if—(a)the chief executive refuses to grant an application for a key person licence; or(b)a key person licence lapses, or is surrendered or cancelled.(2)The chief executive must have any fingerprints of the applicant or former key person licensee taken for the application for the key person licence destroyed as soon as practicable.
140Meaning of agency agreement
An agency agreement is an agreement between a licence operator and another person—(a)appointing the other person as an agent (a wagering agent) of the licence operator for the conduct of wagering under the relevant wagering licence; and(b)dealing with the wagering agent’s authority; and(c)stating the conditions under which the wagering agent acts as, and remains, an agent of the licence operator; and(d)stating other matters agreed between the wagering agent and licence operator.
141Conditions for entering into agency agreement
(1)A licence operator may enter into an agency agreement only with—(a)a licensed club; or(b)a person prescribed under a regulation as a person eligible to be a wagering agent.(2)A licence operator may enter into an agency agreement only if the agreement—(a)is in a form approved by the chief executive; and(b)states the wagering agent’s place of operation; and(c)includes any other provisions required by the chief executive.(3)The chief executive may require the inclusion of a provision in an agency agreement only if the chief executive reasonably believes the inclusion of the provision is necessary and reasonable to ensure—(a)the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or(b)the public interest is not affected in an adverse and material way.
143Amendment of agency agreement
(1)An agency agreement may be amended only with the written approval of the chief executive.(2)The chief executive may withhold approval of a proposed amendment only if the chief executive considers it is necessary to do so in the public interest or to protect proper standards of integrity in the conduct of authorised wagering under the relevant wagering licence.
In deciding whether a wagering agent is a suitable person to be a wagering agent, the chief executive may have regard to the following matters—(a)the agent’s character or business reputation;(b)the agent’s current financial position and financial background;(c)the agent’s general suitability to act as an agent for a wagering licensee.
In deciding whether a business or executive associate of a wagering agent is a suitable person to be associated with a wagering agent’s operations, the chief executive may have regard to the following matters—(a)the associate’s character or business reputation;(b)the associate’s current financial position and financial background.
148Investigation of suitability of agents
(1)The chief executive may investigate a wagering agent to help the chief executive decide whether the agent is a suitable person to be a wagering agent.(2)However, the chief executive may investigate a wagering agent only if the chief executive reasonably suspects the agent is not a suitable person to be a wagering agent.
149Investigation of suitability of associates
(1)The chief executive may investigate a business or executive associate of a wagering agent to help the chief executive decide whether the associate is a suitable person to be associated with a wagering agent’s operations.(2)However, the chief executive may investigate a business or executive associate of a wagering agent only if the chief executive reasonably suspects the associate is not a suitable person to be associated with a wagering agent’s operations.
150Requirement to give information or document for investigation
(1)In investigating a wagering agent, or business or executive associate of a wagering agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
151Failure to give information or document for investigation
(1)A person of whom a requirement is made under section 150 must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.(3)The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.
152Criminal history report for investigation
(1)If the chief executive in investigating a person under section 148 or 149 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.(2)The report is to contain—(a)relevant information in the commissioner’s possession; and(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and(c)other relevant information to which the commissioner has access.
153Grounds for directing termination
(1)A ground for directing the termination of an agency agreement exists if the wagering agent—(a)is not a suitable person to be a wagering agent; or(b)is not eligible to be a wagering agent for a licence operator; or(c)is convicted of an offence against this Act or a gaming Act; or(d)is convicted of an indictable offence; or(e)contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act).(2)Also, a ground for directing the termination of an agency agreement exists if a business or executive associate of the wagering agent is not a suitable person to be associated with a wagering agent’s operations.
(1)This section applies if the chief executive believes—(a)a ground exists for directing the termination of an agency agreement; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or(ii)the public interest may be affected adversely.(2)The chief executive must give the wagering agent a written notice (a show cause notice)—(a)stating the chief executive proposes to take action (the proposed action) to direct the licence operator to terminate the agency agreement; and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)inviting the wagering agent to show within a stated period (the show cause period) why the proposed action should not be taken.(3)The show cause period must be a period ending at least 21 days after the show cause notice is given to the wagering agent.(4)The chief executive must promptly give a copy of the show cause notice to the licence operator.
155Representations about show cause notice
(1)The wagering agent, and licence operator to whom a copy of the show cause notice is given, may make representations about the show cause notice to the chief executive in the show cause period.(2)The chief executive must consider all written representations (the accepted representations) made under subsection (1).
156Ending show cause process without further action
(1)This section applies if, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to direct the termination of the agency agreement.(2)The chief executive must not take any further action about the show cause notice.(3)Notice that no further action about the show cause notice is to be taken must be given by the chief executive to the wagering agent and licence operator.
(1)This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes a ground exists to direct the termination of the agency agreement but—(a)does not believe termination of the agreement is warranted; and(b)does not consider it is appropriate to take action under section 158.(2)This section also applies if the chief executive has not given a show cause notice to the wagering agent but—(a)believes a ground exists to direct the termination of the agency agreement; and(b)does not believe the giving of a show cause notice is warranted.(3)The chief executive may, by written notice given to the wagering agent, censure the agent for a matter relating to the ground for directing the termination of the agreement.(4)The notice must state the reason for the decision to censure the wagering agent.(5)The chief executive must promptly give a copy of the notice to the licence operator.
(1)This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes a ground exists to direct the termination of the agency agreement but considers—(a)a matter relating to the ground is reasonably capable of being rectified; and(b)that it is appropriate to give the wagering agent an opportunity to rectify the matter.(2)This section also applies if the chief executive has not given a show cause notice to the wagering agent and—(a)the chief executive believes a ground exists to direct the termination of the agency agreement; and(b)the chief executive considers—(i)a matter relating to the ground is reasonably capable of being rectified; and(ii)that it is appropriate to give the wagering agent an opportunity to rectify the matter without giving a show cause notice; and(c)the wagering agent and licence operator have been given—(i)written notice that the chief executive proposes to give a direction under this section; and(ii)a reasonable opportunity to make representations about the proposed direction.(3)However, this section applies because of subsection (1) only if the chief executive does not have the belief mentioned in section 159(1).(4)The chief executive may, by written notice given to the wagering agent, direct the agent to rectify the matter within the period stated in the notice.(5)The notice must state the reason for the decision to give the direction.(6)The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.(7)The chief executive must promptly give a copy of the notice to the licence operator.(8)The wagering agent must comply with a direction given under this section.
159Direction to terminate agreement
(1)This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes—(a)a ground exists to direct the termination of the agency agreement; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or(ii)the public interest may be affected adversely.(2)This section also applies if—(a)after considering the accepted representations for the show cause notice, the chief executive directs the wagering agent to rectify a matter and the agent fails to comply with the direction within the period stated in the relevant notice; or(b)there are no accepted representations for the show cause notice.(3)The chief executive may, by written notice given to the licence operator, direct the operator to terminate the agreement within the time stated in the notice.(4)If the chief executive gives a direction under this section, the chief executive must promptly give an information notice for the 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 an agency agreement, the operator must terminate the agreement within the time stated in the relevant notice.(2)If the licence operator does not terminate the agency agreement as required by subsection (1), the agreement is terminated by this Act.(3)The State does not incur any liability if an agency agreement is terminated by a licence operator under subsection (1) or by this Act.(4)A licence operator does not incur any liability because the operator terminates an agency agreement under subsection (1).
162Suspending agent’s operations
(1)The chief executive may suspend the wagering agent’s operations if the chief executive believes—(a)a ground exists to direct the termination of the agency agreement; and(b)it is necessary to suspend the operations—(i)in the public interest; or(ii)to ensure the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised.(2)The suspension—(a)must be effected by written notice (a suspension notice) given to the wagering agent with a show cause notice; and(b)operates immediately the suspension notice is given; and(c)continues to operate until the show cause notice is finally dealt with.(3)The suspension notice must state the reason for the decision to suspend the wagering agent’s operations.(4)The chief executive must promptly give a copy of the suspension notice to the licence operator.(5)A wagering agent must not carry on operations while the agent’s operations are suspended.Maximum penalty for subsection (5)—200 penalty units or 2 years imprisonment.
(1)An authority operator may deduct, or cause to be deducted, as commission, out of the total amount invested in each totalisator conducted by the authority operator on 1 or more events or contingencies, an amount that is not more than the amount calculated under a regulation.(1A)Without limiting the Statutory Instruments Act 1992, section 25, a regulation under subsection (1) may apply differently 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 total amount invested in the year in totalisators conducted by the authority operator on events or contingencies, an amount that is more than the amount calculated under a regulation.
(1)An authority operator, after deducting the operator’s commissions under section 163, must pay by way of dividends all amounts invested in totalisators conducted by the 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)a fraction of 10c equal to or greater than 5c is to be taken to be 5c.(3)Subsections (4) and (5) apply if—(a)under the rules, a minimum dividend decided by the authority operator applies in relation to an investment in a totalisator conducted by the operator; and(b)the application of subsection (2) in calculating the amount of a dividend to be paid under subsection (1) in relation to the investment would result in the amount of the dividend being less than the amount of the minimum dividend.(4)Subsection (2) does not apply in calculating the dividend.(5)For subsection (1), the amount of the dividend is taken to be an amount equal to the minimum dividend.(6)An amount that, apart from subsection (2) or (5), would be required to be included in a dividend (an unpaid fraction) may be retained by the authority operator.
168Liability to wagering authority fee
(1)An authority holder must give consideration (the wagering authority fee) for the wagering authority.(2)The wagering authority fee is to be calculated and paid or satisfied under the conditions of the wagering authority.
168AWagering authority administration fee
(1)The conditions of a wagering authority may provide for the payment of a fee (a wagering authority administration fee) by the authority holder to cover in whole or part the cost to the State of administering this Act in relation to the authority.(2)The wagering authority administration fee is to be calculated and paid or satisfied under the conditions of the wagering authority.
(1)An authority holder must pay to the chief executive a penalty on an amount or value of wagering authority fee or wagering authority administration fee outstanding (the unpaid amount) as at the end of the period allowed for payment.(2)The penalty is the percentage prescribed under a regulation of the unpaid amount.(3)An additional penalty is payable by the authority holder to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid—(a)1 month after the end of the period allowed for payment of the unpaid amount; and(b)at the end of each succeeding month starting—(i)on the day of the month corresponding to the day mentioned in paragraph (a); or(ii)if there is no corresponding day—on the first day of the following month.(4)The additional penalty is the percentage prescribed under a regulation of each unpaid or other amount for which the penalty is payable.(5)A penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.
An amount of wagering authority fee, wagering authority administration fee or penalty payable under this part is a debt payable to the State and may be recovered by action in a court of competent jurisdiction.
An authority holder must not evade the payment of an amount payable by the authority holder as a wagering authority fee or wagering authority administration fee.Maximum penalty—200 penalty units or 2 years imprisonment.
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 289, to have also committed the offence.
173Authorised wagering to be conducted under control system
(1)An authority operator must not conduct authorised wagering under a wagering authority unless the authority operator has a control system complying with section 174 for the wagering.Maximum penalty—200 penalty units.
(2)The authority operator must not contravene its control system in the conduct of authorised wagering.Maximum penalty—200 penalty units.
(3)An authority operator must, on request by an inspector, make its control system available for inspection by the inspector.Maximum penalty—200 penalty units.
(4)However, subsection (1) applies to a permit holder only if the total amount invested in the holder’s totalisators for the 12 months immediately preceding the day on which the holder conducts the authorised wagering is more than the amount prescribed under a regulation for this subsection.
(1)An authority operator’s control system for authorised wagering must—(a)be in writing; and(b)include details about each matter for the wagering stated in subsection (2), to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes—(i)ensuring amounts payable by the operator to the State for the wagering are worked out and paid under this Act;(ii)protecting the integrity of the conduct of the authorised 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)systems and procedures for the maintenance, security, storage and transportation of equipment; and(f)systems and procedures for using and maintaining security facilities; and(g)the general procedures to be followed for the conduct of the wagering.
175Chief executive may give direction about content of control system
(1)This section applies if the chief executive considers an authority operator’s control system for authorised wagering is insufficient for—(a)ensuring amounts payable to the State under this Act for the conduct of wagering are properly worked out and paid; or(b)protecting the integrity of the conduct of the authorised wagering.(2)The chief executive may, by written notice to the operator, direct the operator to include in its control system additional details about 1 or more matters mentioned in section 174(2) within the reasonable period, and in the way, stated in the notice.(3)If the operator does not comply with the direction, at the end of the period stated in the notice the operator’s control system is taken to have been changed in the way stated in the notice.
178Notices about keeping wagering records
(1)The chief executive may, by written notice given to an authority operator—(a)approve a place (the approved place) nominated by the operator as the place where the operator is required to keep the operator’s wagering records; or(b)specify a wagering record of the operator (an exempt wagering record) that is not required to be kept at the approved place; or(c)specify a wagering record of the operator that may be kept temporarily at a place other than the approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or(d)approve the keeping of information contained in a wagering record in a way different from the way the information was kept when the record was being used by the operator; or(e)approve the destruction of a wagering record the chief executive considers need not be kept.(2)The chief executive may specify a wagering record for subsection (1)(b) only if the chief executive considers there is sufficient reason for the record to be kept at a place other than the approved place.(3)A wagering record mentioned in subsection (1)(c) is also an exempt wagering record—(a)for the period stated in the notice; or(b)while the circumstances stated in the notice exist.(4)The exercise of the chief executive’s power under subsection (1)(d) or (e) is subject to any other law about the retention or destruction of the wagering record.
179Wagering records to be kept at certain place
(1)An authority operator must keep the operator’s wagering records at—(a)the operator’s principal place of business in the State or, if the operator is a corporation and has its registered office 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 years after the end of the transaction to which the record relates.Maximum penalty—40 penalty units.
(2)Subsection (1) does not apply to a wagering record if—(a)the information previously contained in the record is kept in another way under an approval of the chief executive; or(b)the record has been destroyed under an approval of the chief executive.(3)Subsection (1) has effect subject to any other law about the retention or destruction of the wagering record.
An authority operator must—(a)keep accounting records that correctly record and explain the transactions and financial position for the operations of the operator conducted under the wagering authority; and(b)keep the accounting records in a way that allows—(i)true and fair financial statements and accounts to be prepared from time to time; and(ii)the financial statements and accounts to be conveniently and properly audited.Maximum penalty—40 penalty units.
182Preparation of financial statements and accounts
(1)An authority operator must prepare financial statements and accounts as required by this section giving a true and fair view of the financial operations of the operator conducted under the wagering authority.Maximum penalty—40 penalty units.
(2)The financial statements and accounts must include the following—(a)trading accounts, if applicable, for each financial year;(b)profit and loss accounts for each financial year;(c)a balance sheet as at the end of each financial year.
(1)An authority operator must give reports to the chief executive as required by this section about the operations of the operator conducted under the wagering authority.Maximum penalty—40 penalty units.
(2)The reports must be given at the times stated in a written notice given to the authority operator by the chief executive.(3)A report must be in the approved form.(4)The chief executive may, by written notice given to an authority operator, require the operator to give the chief executive further information about a report within the time stated in the notice to help the chief executive acquire a proper appreciation of the operator’s operations.(5)An authority operator must comply with a requirement under subsection (4) within the time stated in the notice, unless the operator has a reasonable excuse.Maximum penalty—40 penalty units.
(6)An authority operator must not give the chief executive a report containing information, or further information about a report, the operator knows to be false, misleading or incomplete in a material particular.Maximum penalty—100 penalty units.
(7)Subsection (6) does not apply to an authority operator if the operator, when giving the report or further information—(a)informs the chief executive in writing, to the best of the operator’s ability, how the return or information is false, misleading or incomplete; and(b)if the operator has, or can reasonably obtain, the correct information—gives the correct information.(8)It is enough for a complaint for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant’s knowledge.
An authority operator must keep a financial institution account, or financial institution accounts, approved by the chief executive for use for all banking or similar transactions for the operations of the operator conducted under the wagering authority.Maximum penalty—40 penalty units.
An authority operator must not use a financial institution account approved by the chief executive other than for a purpose for which it is approved.Maximum penalty—40 penalty units.
(1)The chief executive may declare a permit holder to be an exempt authority operator for this division.(2)The chief executive may make a declaration only if the chief executive considers—(a)the permit holder’s operations conducted under the oncourse wagering permit are not significant; and(b)in particular, the extent of wagering conducted does not warrant an audit of any of the permit holder’s documents relating to the operations.(3)A declaration must be made by written notice given to the permit holder.
(1)As soon as practicable after the end of a financial year, an affected authority operator must, at the operator’s own expense, cause the operator’s books, accounts and financial statements for the operator’s operations conducted under the wagering 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—an approved accountant.Maximum penalty—40 penalty units.
(2)In this section—affected authority operator means an authority operator who has not been declared by the chief executive under section 186 to be an exempt authority operator for this division.
(1)The auditor must—(a)complete the audit within 3 months after the end of the financial year; and(b)immediately after completion of the audit, give a copy of the audit report to the chief executive and authority operator.Maximum penalty—40 penalty units.
(2)Subsection (1)(a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph and the auditor completes the audit as soon as practicable.
189Further information following audit
(1)On receiving a copy of the audit report, the chief executive may, by written notice given to the authority operator, require the operator to give the chief executive further information about a matter relating to the operations of the operator mentioned in the audit report.(2)An authority operator must comply with a requirement under subsection (1) within the time stated in the notice, unless the operator has a reasonable excuse.Maximum penalty for subsection (2)—40 penalty units.
190Meaning of ancillary wagering agreement
(1)An ancillary wagering agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to an authority operator a thing or service in return for a direct or indirect interest in, or percentage or share of—(a)amounts received by the operator in the conduct of approved wagering; or(b)the revenue, profit or earnings derived by the operator in the conduct of approved wagering.(2)However, an ancillary wagering agreement does not include—(a)an agency agreement; or(b)a wagering management agreement; or(c)a totalisator supply agreement.
191Meaning of related agreement
(1)A related agreement is—(a)an ancillary wagering agreement; or(b)another agreement, contract, lease or arrangement (whether written or unwritten) entered into between an authority operator and another person relating to the operator’s operations.(2)However, a related agreement does not include a wagering management agreement.
192Entering into ancillary wagering agreements
An authority operator must not enter into, or be a party to, an ancillary wagering agreement without the written approval of the Minister.Maximum penalty—40 penalty units.
193Approval for ancillary wagering agreement
(1)An authority operator may apply to the Minister for approval to enter into an ancillary wagering agreement.(2)An application must—(a)be in writing; and(b)if it is proposed the agreement will be in writing—be accompanied by a copy of the proposed agreement.(3)The Minister must consider an application for approval and either give, or refuse to give, the approval.(4)However, the Minister may give an approval only if the Minister considers it would be appropriate or desirable in all the circumstances for the authority operator to enter into the agreement.(5)The Minister must promptly give the authority operator written notice of the Minister’s decision.
194Review of related agreements
(1)The Minister may, by written notice given to an authority operator, require the operator to give to the Minister, within the time stated in the notice—(a)the information stated in the notice about a related agreement 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 Minister may require to be given about the agreement includes the following—(a)the names of the parties;(b)a description of any property, goods or other things, or any services, supplied or to be supplied;(c)the value or nature of the consideration;(d)the term of the agreement.(3)The authority operator must comply with the requirement within the time stated in the notice, unless the operator has a reasonable excuse.
195Show cause notice for related agreement
(1)This section applies if, after considering the information given to the Minister about the related agreement and, if appropriate, the contents of the agreement, the Minister believes the continuance of the agreement—(a)may jeopardise the integrity of the conduct of approved wagering; or(b)may affect the public interest adversely.(2)This section also applies if—(a)the authority operator does not comply with the requirement mentioned in section 194; and(b)the Minister has the belief mentioned in subsection (1).(3)The Minister must give the authority operator a written notice (a show cause notice)—(a)stating the Minister proposes to take action to direct the termination of the agreement (the proposed action); and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)inviting the operator to show within a stated period (the show cause period) why the proposed action should not be taken.(4)The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority operator.(5)The Minister must promptly give a copy of the show cause notice to each other person (an interested person) who is a party to the agreement.
196Representations about show cause notice
(1)The authority operator and each interested person may make representations about the show cause notice to the Minister in the show cause period.(2)The Minister must consider all written representations (the accepted representations) made under subsection (1).
197Direction to terminate related agreement
(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes the continuance of the agreement—(a)may jeopardise the integrity of the conduct of approved wagering; or(b)may affect the public interest adversely.(2)This section also applies if there are no accepted representations for the show cause notice.(3)The Minister may, by written notice given to each of the parties to the related agreement, direct the termination of the agreement.(4)The notice must state—(a)the reason for the decision to direct the termination of the related agreement; and(b)the time within which the agreement is required to be terminated.(5)If the agreement is not terminated within the time stated in the notice, it is terminated at the end of the time by this Act.(6)The termination of the agreement under the direction or by this Act does not affect any rights or liabilities acquired or incurred by a party to the agreement before the termination.(7)The State does not incur any liability if the agreement is terminated under the direction or by this Act.(8)A party to the agreement does not incur any liability for breach of the agreement because the agreement is terminated under the direction.
(1)The Minister may make rules about approved wagering.(2)The Minister must notify the making of a rule inon the gazettedepartment’s website.(2A)A rule takes effect—(a)on the day the making of the rule is notified inon the gazettedepartment’s website; or(b)if a later day is stated in the Minister’s notice or the rule—on that day.(3)An authority operator may make submissions to the Minister about a rule or proposed rule.
The rules are binding on an authority operator and a person betting or intending to bet with an authority operator for authorised wagering conducted under the wagering authority.
A general operator must make a copy of the rules available for public inspection—(a)during ordinary office hours at each office of the operator; and(b)on the operator’s website on the internet.Maximum penalty—40 penalty units.
201General responsibilities of authority operators
An authority operator, in doing an act for the conduct of approved wagering must ensure the act is done under the rules.Maximum penalty—40 penalty units.
202Responsibility of licence operator for acts of agents
A licence operator must take reasonable steps to ensure an act done by a wagering agent of the operator for the conduct of approved wagering is done under the rules.Maximum penalty—40 penalty units.
203Responsibility of wagering agent for agent’s acts
A wagering agent, in doing an act for the conduct of approved wagering, must ensure the act is done under the rules.Maximum penalty—40 penalty units.
204Meaning of totalisator supply agreement
A totalisator supply agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person (the totalisator supplier) agrees to install, supply or operate regulated wagering equipment for or to—(a)a permit holder (the designated operator); or(b)a wagering agent that is a licensed club (also the designated operator).
(1)An authority operator must not carry on the operator’s operations at a place other than a place that—(a)the operator has, by notice given to the chief executive, nominated as being the operator’s proposed place of operation; and(b)has been approved by the chief executive.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)A wagering agent must not carry on the agent’s operations at a place other than a place that—(a)is of a kind prescribed under a regulation as appropriate for a wagering agent; and(b)is stated in the agency agreement as the agent’s place of operation.Maximum penalty for subsection (2)—200 penalty units or 2 years imprisonment.
(1)A licence operator, in carrying on the operator’s operations, may accept wagers by phone or another form of communication.(2)However, subsection (1) does not apply to wagers relating to a simulated event or simulated contingency.(3)A licence operator must not accept wagers, relating to a simulated event or simulated contingency, made by phone or another form of communication.Maximum penalty—200 penalty units.
(4)A wagering agent must not accept wagers, relating to a simulated event or simulated contingency, made by phone or another form of communication.Maximum penalty—200 penalty units.
207Use of regulated wagering equipment
(1)A general operator must not use regulated wagering equipment for the conduct of approved wagering unless the equipment is approved wagering equipment.Maximum penalty—200 penalty units.
(2)A general operator must not modify approved wagering equipment unless the modification is approved by the chief executive in writing.Maximum penalty—200 penalty units.
(3)A totalisator supplier must not, under a totalisator supply agreement, install, supply or operate regulated wagering equipment for or to a designated operator unless the equipment is approved wagering equipment.Maximum penalty—200 penalty units.
(4)A designated operator may use approved wagering equipment installed, supplied or operated for or to the operator by a person who is not a licence operator.(5)A general operator, totalisator supplier or designated operator must not use approved wagering equipment for the conduct of approved wagering unless the use is consistent with an approval of the equipment or a modification of the equipment under section 208, including any conditions of the approval.Maximum penalty—200 penalty units.
208Approval of regulated wagering equipment
(1)An authority operator may apply to the chief executive—(a)for an approval for regulated wagering equipment proposed to be used in the conduct of approved wagering; or(b)for approval to modify approved wagering equipment used 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 under a regulation.(3)The chief executive must consider the application and if, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated, the chief executive must—(a)carry out the evaluation; or(b)direct the authority operator—(i)to arrange to have the equipment evaluated by an approved evaluator; and(ii)to give the chief executive a written report of the evaluation.(4)If the chief executive carries out an evaluation of the equipment—(a)the authority operator must pay the fee prescribed under a regulation for the evaluation to the chief executive; and(b)if an amount of the fee is not paid by the authority operator, the State may recover the amount from the authority operator as a debt.(5)After considering the application and any evaluation of equipment, the chief executive must—(a)grant the approval; or(b)grant the approval with conditions; or(c)refuse to grant the approval.(56)The chief executive may refuse to givegrant an approval if—(a)the fee payable for an evaluation carried out by the chief executive is not paid; or(b)the authority operator fails to comply with a direction of the chief executive under subsection (3)(b).(7)When the chief executive makes a decision under subsection (5), the chief executive must—(a)for a decision to grant an approval—immediately give the authority operator written notice of the decision; or(b)for a decision to grant an approval with conditions—immediately give the authority operator an information notice for the decision; or(c)for a decision to refuse to grant an approval—immediately give the authority operator an information notice for the decision.(8)The chief executive may act under subsection (9) only if, having regard to the objects of this Act, the chief executive considers taking the action is—(a)necessary or appropriate for the proper conduct of wagering; or(b)otherwise in the public interest.(9)At any time after granting an approval, the chief executive may decide to—(a)impose conditions on the approval, whether or not the approval is already subject to conditions; or(b)vary a condition of the approval; or(c)remove a condition of the approval.(10)When the chief executive makes a decision under subsection (9), the chief executive must—(a)for a decision to impose a condition on an approval—give the authority operator for the approval an information notice for the decision; or(b)for a decision to vary a condition of an approval—give the authority operator for the approval an information notice for the decision; or(c)for a decision to remove a condition of an approval—give the authority operator for the approval written notice of the decision.(6)If the chief executive gives an approval, the chief executive must immediately give the authority operator written notice of the decision.(7)If the chief executive refuses to give an approval, the chief executive must immediately give the authority operator an information notice for the decision.
The Governor in Council may, under a regulation, declare an entity to be an approved entity for evaluating regulated wagering equipment.
(1)A general operator, or an employee of a general operator, must not make a loan or extend credit in any form to a person to enable the person or another person to take part in approved wagering.Maximum penalty—200 penalty units.
(2)If a cash advance is made to a person in circumstances where a general operator or an employee of a general operator knows, or ought reasonably to know, that the person intends to use the cash advance to enable the person or another person to take part in approved wagering, the operator or employee must not represent that the cash advance was made for some other purpose.Maximum penalty for subsection (2)—200 penalty units.
A person who advertises approved wagering must take reasonable steps to ensure the advertisement—(a)is not indecent or offensive; and(b)is based on fact; and(c)is not false, deceptive or misleading in a material particular.
211Directions about advertising
(1)If the chief executive reasonably believes an advertisement about approved wagering does not comply with section 210, the chief executive may direct the person appearing to be responsible for authorising the advertisement to take the appropriate steps—(a)to stop the advertisement being shown; or(b)to change the advertisement.(2)The direction must—(a)be in writing; and(b)state the grounds for the direction; and(c)for a direction to change the advertisement—state how the advertisement is to be changed.(3)A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.Maximum penalty for subsection (3)—20 penalty units.
(1)Subsection (2) applies if a complaint is made to the chief executive 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)if the chief executive believes the complaint has not previously been referred to the relevant authority operator and that it is appropriate for the complaint to be referred to the operator—refer the complaint to the authority operator; or(b)if paragraph (a) does not apply—inquire into the complaint.(3)The chief executive must promptly advise the complainant of—(a)if the chief executive acts under subsection (2)(a)—the decision to refer the complaint to the authority operator; or(b)if the chief executive acts under subsection (2)(b)—the result of the inquiry.(4)Subsection (5) applies if—(a)a complaint is made to an authority operator by a person about—(i)the conduct of authorised wagering by the authority operator under the wagering authority; or(ii)the operations of a wagering agent of the authority operator; or(b)a complaint is referred to an authority operator under subsection (2).(5)The authority operator must, within 21 days after the complaint 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 the chief 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)A claim for payment of a winning bet made in relation to approved wagering—(a)must be made within 1 year after the holding of the event or the happening of the contingency to which the bet relates; and(b)must be accompanied by the ticket for the winning bet, unless the claim is made within the period allowed under the rules for making claims without production of a ticket.(2)An amount for a winning bet not claimed within the period of 1 year mentioned in subsection (1) may be retained by the authority operator who conducted the wagering.(3)This section has effect despite the Public Trustee Act 1978, part 8.
(1)If a claim for payment of a winning bet is made to a general operator, the operator must—(a)pay the relevant winnings to the claimant; or(b)if the operator disputes the claim—immediately try to resolve the claim.(2)If a wagering agent, for a claim for payment made to the agent, disputes the claim and is not able to resolve the claim, the agent must refer the claim to the licence operator.(3)If an authority operator, for a claim for payment made or referred to the operator, disputes the claim and is not able to resolve the claim, the operator must, by written notice (a claim result notice) given to the claimant, promptly inform the claimant—(a)of the operator’s decision on the claim; and(b)that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.(4)If the claim is not resolved, the claimant may ask the chief executive—(a)if the claimant received a claim result notice—to review the authority operator’s decision; or(b)if the claimant did not receive a claim result notice—to resolve 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 be made within 10 days after receiving the notice.(6)If a request is made to the chief executive, the chief executive must deal with the request in the way prescribed under a regulation.
216Reporting improper behaviour
(1)This section applies if a general operator becomes aware, or reasonably suspects, that—(a)a person, by a dishonest act, has obtained a benefit for the person or another person in relation to approved wagering involving the operator; or(b)there has been a contravention of this Act, in relation to approved wagering involving the operator, by a wagering agent, an employee of a wagering agent or another person.(2)Within 3 days of becoming aware of, or suspecting, the dishonest act or contravention, the general operator must give the chief executive a written notice advising the chief executive of all facts known to the operator about the matter.Maximum penalty—200 penalty units or 2 years imprisonment.
(3)A person must not mistreat another person because—(a)the other person has given, or may give, a notice under this section; or(b)the person believes the other person has given, or may give, a notice under this section.Maximum penalty—200 penalty units or 2 years imprisonment.
(4)In this section—dishonest act means fraud, misrepresentation or theft.mistreat a person means—(a)end the person’s employment or prejudice the career of the person in another way; or(b)prejudice the safety of the person; or(c)intimidate or harass the person.
216AA Definition for div 3
In this division—general operator does not include a permit holder.
(1)A person may give to a general operator a notice in the approved form (a self-exclusion notice) asking the general operator to prohibit the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.(2)The person must, if asked by the general operator, give the operator a recent photo of the person together with the notice.(3)If a general operator has more than 1 approved place of operation, a self-exclusion notice may relate to a stated approved place of operation, or all approved places of operation, of the operator.
(1)If a person gives a general operator a self-exclusion notice under section 216A, the general operator must as soon as practicable give to the person—(a)a notice in the approved form (a self-exclusion order) prohibiting the person from entering or remaining in, or taking part in approved wagering at, the operator’s approved place of operation; and(b)details, including the name and address, of at least 1 entity that provides counselling services for problem gamblers.Maximum penalty—50 penalty units.
(2)A self-exclusion order has effect for the period—(a)starting when it is given to the person; and(b)ending on the earlier of the following—(i)when a revocation notice for the order takes effect under section 216C(3);(ii)the day that is 5 years after the day the order is given to the person.
216CRevoking self-exclusion order
(1)A person who is given a self-exclusion order may, by notice in the approved form (a revocation notice) given to the general operator for the approved place of operation to which the order relates, revoke the order.(2)However, the person may revoke the order only—(a)within 24 hours after the person receives it; or(b)after 1 year after the person receives it.(3)A revocation notice takes effect—(a)if the notice is given to the general operator under subsection (2)(a)—when it is given to the operator; or(b)otherwise—28 days after the day it is given to the operator.
(1)A general operator may give a person a notice in the approved form (an exclusion direction) prohibiting the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation if the operator believes on reasonable grounds the person is a problem gambler.(2)If a general operator has more than 1 approved place of operation, an exclusion direction may relate to a stated approved place of operation, or all approved places of operation, of the operator.(3)If a general operator decides to give a person an exclusion direction, the direction must be accompanied by an information notice for the decision.
216EDuration of exclusion direction
An 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 a review of the decision by the tribunal—when the decision is set aside;(ii)if a revocation notice for the direction takes effect under section 216G(6)—when the notice takes effect;(iii)if a decision, under section 216G, refusing to revoke the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;(iv)the day that is 5 years after the day the direction is given to the person.
216FApplication to revoke exclusion direction
(1)This section applies if a person is prohibited from taking part in approved wagering at, or entering or remaining in, a general operator’s approved place of operation under an exclusion direction.(2)The person may apply to the general operator for the approved place of operation to which the direction relates for revocation of the direction.(3)The application may only be made at least 1 year after the day the person is given the direction.(4)The application must be—(a)in the approved form; and(b)supported by enough information to enable the general operator to decide the application.(5)A person may apply under this section only once each year commencing on the anniversary of the day the person was given the direction.
216GDeciding application to revoke exclusion direction
(1)This section applies to an application under section 216F for revocation of an exclusion direction.(2)The general operator must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.(3)If the general operator fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the operator to refuse to revoke the direction.(4)In considering the application, the general operator may have regard to the information supporting the application and any other information the operator considers relevant, including, for example, a report of a psychologist.(5)If the general operator decides to revoke the direction, the operator must as soon as practicable give the applicant notice of the revocation in the approved form (a revocation notice).(6)A revocation notice takes effect when it is given to the applicant.(7)If the general operator decides to refuse to revoke the direction, the operator must as soon as practicable give the applicant an information notice for the decision.
216HParticular persons not to take part in approved wagering etc.
(1)This section applies to a person who is prohibited from taking part in approved wagering at, or entering or remaining in, a general operator’s approved place of operation under a self-exclusion order or an exclusion direction.(2)The person must not take part in approved wagering at, or enter or remain in, the general operator’s approved place of operation.Maximum penalty—40 penalty units.
(1)This section applies if a court finds a person (the defendant) guilty of, or accepts a person’s plea of guilty for, an offence against section 216H(2).(2)The court may, if satisfied the defendant is a problem gambler, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court.(3)The agreement—(a)must provide for counselling of a kind that may, in the court’s opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and(b)must provide for counselling over a period, of not more than 12 months, fixed by the court; and(c)must allow the counsellor a discretion to disclose to the court information about the defendant’s participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and(d)must provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement.(4)To decide whether the defendant is a problem gambler and, if so, whether counselling of an appropriate kind is available, the court may have regard to any information the court considers relevant, including, for example, a report of a psychiatrist or a psychologist.(5)If the court postpones a decision on penalty under this section, the court must proceed to make a decision on penalty—(a)as soon as practicable after the end of the period fixed for the counselling; or(b)if, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling—as soon as practicable after the court receives the advice; or(c)if, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling—as soon as practicable after the court receives the report.(6)In making its decision on penalty after a postponement under this section, the court—(a)must consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and(b)may, for considering the matters mentioned in paragraph (a), have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section.
216JObligation to prevent persons from taking part in approved wagering etc.
(1)This section applies to a general operator or an employee of the operator if the operator or employee knows that a person is prohibited from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation under a self-exclusion order or an exclusion direction.(2)The general operator or employee must take reasonable steps to prevent the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.Maximum penalty—
(a)for a general operator—250 penalty units; or(b)for another person—40 penalty units.(3)It is lawful for the general operator or employee to use necessary and reasonable force to prevent the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.(4)The force that may be used does not include force that is likely to cause bodily harm to the person.(5)Subsection (2) must not be construed as requiring a general operator or an employee to use reasonable force to prevent a person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.(6)In this section—bodily harm means any bodily injury that interferes with health or comfort.
(1)A general operator must keep a register, in the approved form, of persons who are prohibited from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation under a self-exclusion order or an exclusion direction.Maximum penalty—40 penalty units.
(2)The general operator must keep the register available for inspection by an inspector.
216LReport about prohibition under order or direction
(1)A regulation may require a general operator to give the chief executive a report about the prohibition of persons from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation under a self-exclusion order or an exclusion direction.(2)The report must be in the approved form.(3)The regulation may prescribe the times, and the way in which, the report is to be given to the chief executive.(4)The general operator must comply with the regulation.Maximum penalty—40 penalty units.
216MDistributing promotional or advertising material about approved place of operation
A general operator must not distribute promotional or advertising material about the operator’s approved place of operation to persons who the operator knows or ought reasonably to know are prohibited from taking part in approved wagering at, or entering or remaining in, the approved place of operation under a self-exclusion order or exclusion direction.Maximum penalty—40 penalty units.
(1)A person must not, in relation to approved wagering, dishonestly obtain a benefit by—(a)an act, practice or scheme; or(b)the use of a thing.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)For subsection (1), a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit to the person or another person, any money, benefit, advantage, valuable consideration or security.
(1)A person must not—(a)forge an official wagering document; or(b)knowingly utter a forged official wagering document.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)A person must not connive at the commission of an offence against subsection (1).Maximum penalty—200 penalty units or 2 years imprisonment.
(3)A person forges a document if the person makes a false document, knowing it to be false, with the intention that—(a)it may be used or acted on to the prejudice or benefit of a person; or(b)a person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.(4)Without limiting subsection (3), a genuine document may become a false document because of—(a)an alteration of the document in a material respect; or(b)an addition to the body of the document in a material respect; or(c)an addition of a false date, signature, attestation, seal or other material matter.(5)A person utters a document if the person—(a)uses or deals with the document; or(b)attempts to use or deal with the document; or(c)induces a person to use, deal with or act on the document; or(d)attempts to induce a person to use, deal with or act on the document.
219Impersonating certain persons
(1)A person must not pretend to be a wagering agent, key person licensee or wagering official.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)A person must not connive at the commission of an offence against subsection (1).Maximum penalty for subsection (2)—200 penalty units or 2 years imprisonment.
(1)A wagering official must not ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the official or another person for an improper purpose.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)A person must not give, confer or obtain, or promise or offer to give, confer or obtain, any money, property or benefit of any kind to, on or for a wagering official or another person for an improper purpose.Maximum penalty—200 penalty units or 2 years imprisonment.
(3)A wagering official or other person does an act mentioned in subsection (1) or (2) for an improper purpose if the official or other person does the act—(a)for the official to forego or neglect the official’s functions under this Act, or to influence the official in the performance of the official’s functions under this Act; or(b)because of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in the performance of the official’s functions under this Act; or(c)for the official to use, or take advantage of, the official’s office improperly to gain a benefit or advantage for, or facilitate the commission of an offence by—(i)if the act is done by the official—another person; or(ii)if the act is done by another person—that person or another person.
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, a declaration may be made only if the chief executive considers it appropriate to make the declaration in the public interest.(3)A declaration must be made by written notice given to the wagering official or key person licensee.
222Directions to restricted officials and licensees
(1)The chief executive may direct a restricted official or licensee not to participate in—(a)approved wagering; or(b)approved wagering except in stated circumstances or for stated purposes.(2)Also, the chief executive may direct a restricted official not to have a financial relationship with a general operator.(3)However, a direction may be given only if the chief executive considers it appropriate to give the direction in the public interest.(4)A direction must be given by written notice given to the restricted official or licensee.
223Requirement to comply with direction about wagering
A restricted official or licensee must not participate in wagering in contravention of a direction given by the chief executive under section 222.Maximum penalty—40 penalty units.
224Relationship of restricted officials with general operators
(1)This section applies if a restricted official has been given a direction by the chief executive not to have a financial relationship 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 general operator; or(ii)a business or financial interest together with a general operator.Maximum penalty—40 penalty units.
(3)For 1 year after ceasing to be a restricted official, the person must 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 general operator; or(ii)a business or financial interest together with a general operator.Maximum penalty for subsection (3)—40 penalty units.
225Relationship of restricted officials with prospective authority operators
(1)This section applies if a restricted official knowingly has, directly or indirectly—(a)a business or financial association with another person who is a prospective authority operator; or(b)a business or financial interest together with another person who is a prospective authority operator.(2)However, this section applies only if the restricted official has been given a direction by the chief executive not to have a financial relationship with a general operator.(3)Immediately after the restricted official becomes aware that the other person is a prospective authority operator, the official must give written notice of the official’s association or interest to the chief executive.Maximum penalty—40 penalty units.
(4)The chief executive may, by written notice given to the restricted official, direct the official to end the association, or give up the interest, within the time stated in the notice.(5)However, the chief executive may give the direction only if the chief executive considers it appropriate to take the action in the public interest.(6)A restricted official to whom a direction is given must comply with the direction within the time stated in the notice.Maximum penalty—40 penalty units.
(7)In this section—prospective authority operator means—(a)a person who has applied for a wagering authority but whose 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 official has been given a direction by the chief executive not to have a financial relationship with a general operator.(2)However, this section applies only if the general operator knows, or ought reasonably to know, that the restricted official has been given the direction.(3)The general operator must not—(a)employ the restricted official in any capacity; or(b)knowingly have, directly or indirectly—(i)a business or financial association with the restricted official; or(ii)a business or financial interest together with the restricted official.Maximum penalty—40 penalty units.
(4)For 1 year after the person ceases to be a restricted official, the general operator must not, without the chief executive’s approval—(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)a business or financial interest together with the person.Maximum penalty for subsection (4)—40 penalty units.
227Participation by minors prohibited
(1)A person involved in the conduct of approved wagering must not, in relation to the conduct of the wagering—(a)accept a bet from, or give a ticket or other acknowledgement for a bet to, a minor; or(b)allow a minor to establish an account for conducting betting 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 that the defendant had no reason to believe, and did not believe, that the person whose age is material to the offence was a minor.(3)A minor must not take part in approved wagering.Maximum penalty—25 penalty units.
228Employment of minors prohibited
(1)A general operator must not, in relation to the conduct of approved wagering—(a)employ a minor to sell or give a ticket or other acknowledgement 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 relation to the employment of a minor, if—(a)the general operator is—(i)a designated wagering manager; or(ii)a wagering agent of a designated wagering manager; and(b)the general operator employs the minor for a purpose relating to the conduct of the game the operations for which the designated wagering manager is appointed as wagering manager.(3)In this section—designated wagering manager means a wagering manager appointed by a wagering licensee to manage the operations relating to the game ‘Sports Tipping’ conducted under the licensee’s wagering licence.
In this division—interactive wagering account, of a person, means an account—(a)in the name of the person with a licence operator; and(b)that is accessible by means of a telecommunication device under the Interactive Gambling (Player Protection) Act 1998, schedule 3; and(c)against which the licence operator has a right to debit the amount of a bet made by the person.interactive wagering customer means a person who has an interactive wagering account.
A licence operator or a person acting for a licence operator must not offer, or cause to be offered, to a person who is in Queensland (a relevant person) any credit, voucher, reward or other benefit as an incentive for the relevant person—
(a)to open an interactive wagering account with the licence operator; or(b)to refer another person to the licence operator for the purpose of that person opening an interactive wagering account with the licence operator; or(c)not to close an interactive wagering account with the licence operator after the relevant person asks the licence operator to close the account.Maximum penalty—
(a)for an individual—20 penalty units; or(b)for a corporation—200 penalty units.
(1)A licence operator or a person acting for a licence operator must not offer, or cause to be offered, a free bet to an interactive wagering customer who is in Queensland and has an interactive wagering account with the licence operator unless the customer can withdraw payouts arising from the free bet at any time.Maximum penalty—
(a)for an individual—20 penalty units; or(b)for a corporation—200 penalty units.(2)In this section—free bet see the Betting Tax Act 2018, section 7.
228D Restrictions on direct marketing
(1)A licence operator or a person acting for a licence operator must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person) unless—(a)the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and(b)either—(i)the relevant person has not withdrawn the consent; or(ii)the relevant person has withdrawn the consent but the licence operator or person is not aware of the withdrawal.Maximum penalty—
(a)for an individual—20 penalty units; or(b)for a corporation—200 penalty units.(2)If the relevant person has given consent to receiving promotional or advertising material, the licence operator or a person acting for the licence operator—(a)must provide the relevant person with a means to easily withdraw the consent at any time; and(b)if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent.Maximum penalty—
(a)for an individual—20 penalty units; or(b)for a corporation—200 penalty units.(3)If the licence operator or a person acting for the licence operator sends promotional or advertising material to the relevant person electronically, the licence operator or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material.Maximum penalty—
(a)for an individual—20 penalty units; or(b)for a corporation—200 penalty units.(4)For this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.
228E Obligation of licence operator to identify person’s location
(1)A licence operator must, when receiving a bet made from an interactive wagering account, take reasonable steps to identify the location of the person making the bet.Maximum penalty—100 penalty units.
(2)For complying with subsection (1), the licence operator may rely on either of the following addresses as being the location of the person making the bet—(a)for an individual—an address given to the licence operator by the individual as the individual’s residential address;(b)for a company within the meaning of the Corporations Act—an address given to the licence operator by or for the company as the company’s principal place of business.(3)However, subsection (2) does not apply if the licence operator knows, or has reasonable grounds to suspect, that an address mentioned in subsection (2)(a) or (b) is not the location of the person when the bet is made.
228FHarm minimisation measures
(1)A regulation may prescribe measures (harm minimisation measures) that have the purpose of minimising potential harm from wagering, including, for example, measures for any of the following purposes—(a)delaying the start of a process in particular circumstances;(b)interrupting a process in particular circumstances;(c)using particular technology or software;(d)providing particular information to the chief executive or persons participating in wagering;(e)enabling a person to access a service that provides help with gambling problems.(2)The Minister may recommend the making of a regulation under subsection (1) only if satisfied—(a)the harm minimisation measure—(i)is necessary and appropriate to minimise potential harm from wagering; and(ii)is consistent with the objects of this Act; or(b)it is in the public interest to prescribe the harm minimisation measure.(3)A regulation made under subsection (1) may prescribe the wagering licensees and permit holders that must implement a harm minimisation measure.(4)A wagering licensee or permit holder prescribed under subsection (3) must implement the harm minimisation measure as prescribed.Maximum penalty for subsection (4)—200 penalty units.
229Appointment and qualifications
(1)The chief executive may appoint a person as an inspector.(2)However, a person may be appointed as an inspector only if—(a)the person is—(i)a public service officer or employee; or(ii)a member of a class of persons prescribed under a regulation; and(b)the chief executive is satisfied the person is qualified for the appointment because—(i)the person has the necessary expertise or experience; or(ii)the chief executive considers the person has the ability to quickly acquire the necessary expertise; and(c)the chief executive is satisfied the person is a suitable person to be an inspector, having regard to—(i)the person’s character; and(ii)the person’s current financial position and financial background; and(iii)any other matter the chief executive considers relevant to the person’s suitability to be an inspector.
230Conditions 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 the inspector or a regulation may limit the inspector’s powers under this Act.(3)In this section—signed notice means a notice signed by the chief executive.
(1)The chief executive must issue an identity card to each inspector.(2)The identity card must—(a)contain a recent photo of the inspector; and(b)contain a copy of the inspector’s signature; and(c)identify the person as an inspector under this Act; and(d)state an expiry date for the card.(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
232Production or display of identity card
(1)In exercising a power under this Act in relation to a person, an inspector must—(a)produce the inspector’s identity card for the person’s inspection before exercising the power; or(b)have the identity card displayed so it is clearly visible to the person when exercising the power.(2)However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.(3)For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 238(a) or (d).
233When inspector ceases to hold office
(1)An inspector ceases to hold office if any of the following happens—(a)the term of office stated in a condition of office ends;(b)under another condition of office, the inspector ceases to hold office;(c)the inspector’s resignation under section 234 takes effect.(2)Subsection (1) does not limit the ways an inspector may cease to hold office.(3)In this section—condition of office means a condition on which the inspector holds office.
An inspector may resign by signed notice given to the chief executive.
A person who ceases to be an inspector must return the person’s identity card to the chief executive immediately after ceasing to be an inspector unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
(1)The Minister may approve an audit program for investigating inspectors.(2)The chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to—(a)the inspector’s character; and(b)the inspector’s current financial position and financial background; and(c)any other matter the chief executive considers relevant to the person’s suitability to be an inspector.(3)However, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2).(4)The chief executive must ensure the investigation is conducted under the approved audit program.(5)In this section—approved audit program means an audit program approved by the Minister under subsection (1).
237Report about criminal history
(1)To help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.(2)If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.(3)The duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.
238Entry without consent or warrant
An inspector may, without the occupier’s consent or a warrant, enter—(a)a public place; or(b)a place where approved wagering is being, or is about to be, conducted; or(c)a place where a general operator carries on business at any time when the place is open for carrying on business or otherwise open for entry; or(d)the land around premises to ask its occupier for consent to enter the premises.
239Entry with consent or warrant
Unless an inspector is authorised to enter a place under section 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.
(1)This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.(2)Before asking for the consent, the inspector must tell the occupier—(a)the purpose of the entry; and(b)that the occupier is not required to consent.(3)If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent (a consent acknowledgement).(4)The acknowledgement must state—(a)the occupier has been told—(i)the purpose of the entry; and(ii)that the occupier is not required to consent; and(b)the purpose of the entry; and(c)the occupier gives the inspector consent to enter the place and exercise powers under this part; and(d)the time and date the consent was given.(5)If the occupier signs a consent acknowledgement, the inspector must promptly give a copy to the occupier.
(1)Subsection (2) applies if—(a)an issue arises in a court proceeding whether the occupier of a place consented to an inspector entering the place under this part; and(b)a consent acknowledgement is not produced in evidence for the entry; and(c)it is not proved the occupier consented to the entry.(2)The court may presume the occupier did not consent.
(1)An inspector may apply to a magistrate for a warrant for a place.(2)The application must be sworn and state the grounds on which the warrant is sought.(3)The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.The magistrate may require additional information supporting the application to be given by statutory declaration.
(1)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and(b)the evidence is at the place, or may be at the place, within the next 7 days.(2)The warrant must state—(a)that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and(b)the offence for which the warrant is sought; and(c)the evidence that may be seized under the warrant; and(d)the hours of the day or night when the place may be entered; and(e)the date, within 14 days after the warrant’s issue, the warrant ends.
(1)An inspector may apply for a warrant (a special warrant) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—(a)urgent circumstances; or(b)other special circumstances, including, for example, the inspector’s remote location.(2)Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.(3)The inspector may apply for the warrant before the application is sworn.(4)After issuing the warrant, the magistrate must promptly fax a copy to the inspector if it is reasonably practicable to fax the copy.(5)If it is not reasonably practicable to fax a copy to the inspector—(a)the magistrate must tell the inspector—(i)what the terms of the warrant are; and(ii)the date and time the warrant was issued; and(b)the inspector must complete a form of warrant (a warrant form) and write on it—(i)the magistrate’s name; and(ii)the date and time the magistrate issued the warrant; and(iii)the terms of the warrant.(6)The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.(7)The inspector must, at the first reasonable opportunity, send to the magistrate—(a)the sworn application; and(b)if the inspector completed a warrant form—the completed warrant form.(8)On receiving the documents, the magistrate must attach them to the warrant.
245Evidence about special warrants
(1)Subsection (2) applies if—(a)an issue arises in a court proceeding whether a power exercised by an inspector was not authorised by a special warrant; and(b)the warrant is not produced in evidence.(2)The court must presume the exercise of the power was not authorised by a special warrant, unless the contrary is proved.
246General powers after entering places
(1)This section applies to an inspector who enters a place.(2)However, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.(3)For monitoring or enforcing compliance with this Act, the inspector may—(a)search any part of the place; or(b)inspect, measure, test, photograph or film any part of the place or anything at the place; or(c)take a thing, or a sample of or from a thing, at the place for analysis or testing; or(d)copy a document at the place; or(e)access, electronically or in some other way, a system used at the place for conducting approved wagering or for administrative purposes related to the conduct of approved wagering; or(f)take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or(g)require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f); or(h)require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.(4)When making a requirement mentioned in subsection (3)(g) or (h), the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
(1)A person required to give reasonable help under section 246(3)(g) must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
(2)If the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this Act), it is a reasonable excuse for the person to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person.
248Failure to give information
(1)A person of whom a requirement is made under section 246(3)(h) must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
(2)It is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.
249Seizing evidence at place that may be entered without consent or warrant
An inspector who enters a place that may be entered under this part without the consent of the occupier and without a warrant, may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.
250Seizing evidence at place that may only be entered with consent or warrant
(1)This section applies if—(a)an inspector is authorised to enter a place under this part only with the consent of the occupier or a warrant; and(b)the inspector enters the place after obtaining the necessary consent or warrant.(2)If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—(a)the inspector reasonably believes the thing is evidence of an offence against this Act; and(b)seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.(3)If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.(4)The inspector also may seize anything else at the place if the inspector 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, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.
251Securing things after seizure
Having seized a thing, an inspector may—(a)move the thing from the place where it was seized (the place of seizure); or(b)leave the thing at the place of seizure but take reasonable action to restrict access to it.Examples of restricting access to a thing—
1sealing a thing and marking it to show access to it is restricted2sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted
252Tampering with things subject to seizure
If an inspector restricts access to a thing subject to seizure, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.Maximum penalty—40 penalty units.
(1)To enable a thing to be seized, an inspector may require the person in control of it—(a)to take it to a stated reasonable place by a stated reasonable time; and(b)if necessary, to remain in control of it at the stated place for a reasonable time.(2)The requirement—(a)must be made by notice in the approved form; or(b)if for any reason it is not practicable to give notice in the approved form—may be made orally and confirmed by notice in the approved form as soon as practicable.(3)A person of whom a requirement is made must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
(4)A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.
254Receipts to be given on seizure
(1)As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.(2)However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.(3)The receipt must describe generally each thing seized and its condition.(4)This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).
(1)A thing that has been seized under this part is forfeited to the State if the inspector who seized the thing—(a)can not find its owner, after making reasonable inquiries; or(b)can not return it to its owner, after making reasonable efforts; or(c)reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.(2)In applying subsection (1)—(a)subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and(b)subsection (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.(3)If a thing is forfeited because of a decision of the inspector under subsection (1)(c), the inspector must tell the owner of the decision by written notice.(4)Subsection (3) does not apply if—(a)the inspector can not find the owner, after making reasonable inquiries; or(b)it is impracticable or would be unreasonable to give the notice.(5)The notice must comply with the QCAT Act, section 157(2).(6)Regard must be had to a thing’s nature, condition and value—(a)in deciding—(i)whether it is reasonable to make inquiries or efforts; and(ii)if making inquiries or efforts—what inquiries or efforts are reasonable; or(b)in deciding whether it would be unreasonable to give notice about a thing.
256Return of things that have been seized
(1)If a thing has been seized but not forfeited, the inspector must return it to its owner—(a)at the end of 6 months; or(b)if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.(2)Despite subsection (1), unless the thing has been forfeited, the inspector must promptly return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.
257Access to things that have been seized
(1)Until a thing that has been seized is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.
258Direction to stop using thing
(1)This section applies if an inspector reasonably believes—(a)a thing used in the conduct of approved wagering is unsatisfactory for the purpose for which it is used; and(b)the continued use of the thing may—(i)jeopardise the integrity of the conduct of approved wagering; or(ii)adversely affect the public interest.(2)The inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using the thing, or allowing the thing to be used, in the conduct of approved wagering.
259Requirements about stop directions
(1)A direction given to a person under section 258 (a stop direction) may be given orally or by written notice (a stop notice).(2)However, if the direction is given orally, it must be confirmed by written notice (also a stop notice) given to the person as soon as practicable.(3)A stop direction may be given for a thing at a place occupied by a general operator or another person involved in the conduct of approved wagering.(4)A stop direction does not apply to a use of the thing carried out for repairing or testing the thing.(5)A stop notice must state—(a)the grounds on which the inspector believes the thing is unsatisfactory; and(b)the circumstances (if any) under which the stop direction may be cancelled.
260Failure to comply with stop direction
A person to whom a stop direction is given must comply with the direction.Maximum penalty—40 penalty units.
261Power to require name and address
(1)This section applies if—(a)an inspector finds a person committing an offence against this Act; or(b)an inspector finds a person in circumstances that lead, or has information that leads, the inspector reasonably to suspect the person has just committed an offence against this Act.(2)The inspector may require the person to state the person’s name and residential address.(3)When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.(4)The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address to be false.(5)A requirement under subsection (2) or (4) is called a personal details requirement.
262Failure to give name or address
(1)A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
(2)A person does not commit an offence against subsection (1) if—(a)the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and(b)the person is not proved to have committed the offence.
263Power to require production of documents
(1)An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector—(a)a document issued to the person under this Act; or(b)a document required to be kept by the person under this Act; or(c)if the person is a general operator—a document kept by the operator about the conduct of approved wagering involving the operator.(2)The inspector may keep the document to copy it.(3)If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.(4)The inspector must return the document to the person as soon as practicable after copying it.(5)However, if a requirement (a document certification requirement) is made of a person under subsection (3), the inspector may keep the document until the person complies with the requirement.(6)A requirement under subsection (1) is called a document production requirement.
264Failure to produce document
(1)A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
(2)It is a reasonable excuse for a person not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.
265Failure to certify copy of document
A person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
266Power to require attendance of persons
(1)An inspector may require a person, or an executive officer of a corporation, of whom a document production requirement has been made to attend before the inspector to answer questions or give information about the document to which the requirement relates.(2)An inspector may require any of the following persons to attend before the inspector to answer questions or give information about an authority operator’s operations—(a)the authority operator or, if the operator is a corporation, an executive officer of the operator;(b)a licensed employee employed by the authority operator;(c)if the authority operator is a licence operator—a wagering agent appointed by the operator or, if the wagering agent is a corporation, an executive officer of the corporation;(d)an employee of a wagering agent mentioned in paragraph (c);(e)another person associated with the operations, or management of the operations, of—(i)the authority operator; or(ii)a wagering agent mentioned in paragraph (c).(3)An inspector may require any of the following persons to attend before the inspector to answer questions or give information about a wagering agent’s operations—(a)the wagering agent or, if the agent is a corporation, an executive officer of the agent;(b)an employee of the wagering agent;(c)the licence operator by whom the agent is appointed or, if the licence operator is a corporation, an executive officer of the corporation;(d)another person associated with the operations, or management 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)state a reasonable time and place for the person’s attendance.(5)When making the requirement, the inspector must warn the person 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 266 must not, unless the person has a reasonable excuse—(a)fail to attend before the inspector at the time and place stated in the relevant notice; or(b)when attending before the inspector—(i)fail to comply with a requirement to answer a question or give information; or(ii)state anything the person knows to be false or misleading in a material particular.Maximum penalty—40 penalty units.
(2)It is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.
268Power to require financial records
(1)This section applies to a person who is the manager or other principal officer at a place of business of a financial institution at which a general operator keeps an account relating to the operator’s operations.(2)An inspector may, by written notice given to the person, require the person to give to the inspector, within the time (not less than 7 days) stated in the notice—(a)a statement of account for the account; or(b)copies of cheques or other records relevant to the account; or(c)other particulars or documents relevant to the account stated in the notice.(3)An inspector may make a requirement under subsection (2) (a financial records requirement) only with the written approval of the chief executive.
269Effect of compliance with financial records requirement
(1)No liability for breach of trust or on any other basis attaches to a person who is the manager or other principal officer at a place of business of a financial institution merely because the person complies with a financial records requirement.(2)No liability for breach of trust or on any other basis attaches to a financial institution merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.
270Failure to comply with financial records requirement
A person of whom a financial records requirement is made must comply with the requirement within the time stated in the relevant notice, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
271Direction about management practice
(1)This section applies if the Minister reasonably believes—(a)the management, supervision or control of a part of a general operator’s operations (the management practice) is unsatisfactory; and(b)the management practice may—(i)compromise proper standards of integrity in the conduct of approved wagering; or(ii)adversely affect the public interest in some other way.(2)The Minister may direct the general operator to stop, or change, the management practice.(3)The direction must—(a)be in writing; and(b)state the grounds on which the Minister believes the management practice is unsatisfactory; and(c)if the person is required to change the management practice—clearly describe how the practice is to be changed; and(d)state when the person is required to comply with the direction.(4)A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.Maximum penalty for subsection (4)—40 penalty units.
(1)On conviction of a person for an offence against this Act, the court may order the forfeiture to the State of—(a)anything used to commit the offence; or(b)anything else the subject of the offence.(2)The court may make the order—(a)whether or not the thing has been seized; and(b)if the thing has been seized—whether or not the thing has been returned to its owner.(3)The court may make any order to enforce the forfeiture it considers appropriate.(4)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.
273Dealing with forfeited things
(1)On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.(2)Without limiting subsection (1), the chief executive may destroy the thing.
(1)This section applies if—(a)an inspector damages something when exercising or purporting to exercise a power; or(b)a person (the officiating person) acting under the direction of an inspector damages something.(2)The inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the thing.(3)If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the inspector or officiating person, the inspector may state the belief in the notice.(4)If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.(5)This section does not apply to damage the inspector reasonably considers trivial.(6)In this section—owner, of a thing, includes the person in possession or control of it.
(1)A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2—•subdivision 1 (Power to enter places)•subdivision 3 (General powers)•subdivision 4 (Power to seize evidence)•subdivision 6 (Power to obtain information).(2)Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.(3)Compensation may be claimed and ordered in a proceeding—(a)brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or(b)for an offence against this Act brought against the person claiming compensation.(4)A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.(5)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.
276Protecting officials from liability
(1)In this section—official means—(a)the Minister; or(b)the chief executive; or(c)an inspector; or(d)a person acting under the direction of an inspector.(2)An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.(3)If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State.
277False or misleading statements
(1)A person must not state anything to an inspector the person knows to be false or misleading in a material particular.Maximum penalty—40 penalty units.
(2)It is enough for a complaint for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.
278False, misleading or incomplete documents
(1)A person must not give an inspector a document containing information the person knows to be false, misleading or incomplete in a material particular.Maximum penalty—40 penalty units.
(2)Subsection (1) does not apply to a person if the person, when giving the document—(a)tells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.(3)Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular.Maximum penalty—40 penalty units.
(4)It is enough for a complaint for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.
(1)A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
(2)If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—(a)it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and(b)the inspector considers the person’s conduct an obstruction.
This division applies to a proceeding under this Act.
It is not necessary to prove—(a)the chief executive’s appointment; or(b)an inspector’s appointment; or(c)the authority of the chief executive or an inspector to do anything under this Act.
A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.
(1)A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—(a)a stated document is one of the following things made, given, issued or kept under this Act—(i)an appointment, approval or decision;(ii)a notice, direction or requirement;(iii)a licence;(iv)a record, or an extract from a record;(b)a stated document is another document kept under this Act;(c)a stated document is a copy of a thing mentioned in paragraph (a) or (b);(d)on a stated day, or during a stated period, a stated person was or was not the holder of a licence;(e)on a stated day, or during a stated period, a licence—(i)was or was not in force; or(ii)was or was not subject to a stated condition;(f)on a stated day, a licence was suspended for a stated period or cancelled;(g)on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector) or a stated approval was, or was not, in force for a stated person or thing;(h)on a stated day, a stated person was given a stated notice or direction under this Act;(i)on a stated day, a stated requirement was made of a stated person;(j)a stated amount is payable under this Act by a stated person and has not been paid;(k)anything else prescribed under a regulation.(2)In this section—licence means a wagering licence, oncourse wagering permit or key person licence.
284Indictable and summary offences
(1)An offence against section 217, 218 or 220 is an indictable offence.(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 may be taken, at the election of the prosecution—(a)by way of summary proceedings under the Justices Act 1886; or(b)on indictment.(2)A magistrate must not hear an indictable offence summarily if—(a)the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or(b)the magistrate considers the charge should be prosecuted on indictment.(3)If subsection (2) applies—(a)the magistrate must proceed by way of an examination of witnesses for an indictable offence; and(b)a plea of the person charged at the start of the proceedings must be disregarded; and(c)evidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and(d)before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).(4)The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.
286Limitation on who may summarily hear indictable offence proceedings
(1)A proceeding must be before a magistrate if it is a proceeding—(a)for the summary conviction of a person on a charge of an indictable offence; or(b)for an examination of witnesses for a charge of an indictable offence.(2)However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.
287Limitation on time for starting summary proceedings
A proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 may start at any time but, if started more than 1 year after the commission of the offence, must start within 6 months after the offence comes to the complainant’s knowledge.
288Responsibility for acts or omissions of representatives
(1)In this section—representative means—(a)of a corporation—an executive officer, employee or agent of the corporation; or(b)of an individual—an employee or agent of the individual.state of mind of a person includes—(a)the person’s knowledge, intention, opinion, belief or purpose; and(b)the person’s reasons for the intention, opinion, belief or purpose.(2)Subsections (3) and (4) apply in a proceeding for an offence against this Act.(3)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and(b)the representative had the state of mind.(4)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.
289Executive officer may be taken to have committed offence against s 172
(1)If a corporation commits an offence against section 172, each executive officer of the corporation is taken to have also committed the offence if—(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.(2)The executive officer may be proceeded against for, and convicted of, the offence against section 172 whether or not the corporation has been proceeded against for, or convicted of, the offence.(3)This section does not affect either of the following—(a)the liability of the corporation for the offence against section 172;(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 172.See also section 340E for the application of this provision in relation to offences against other provisions.
290Attempts to commit offences
(1)A person who attempts to commit an offence against this Act commits an offence.Maximum penalty for an attempt—half the maximum penalty for the completed offence.
(2)The Criminal Code, section 4 applies to subsection (1).
291When authority operators may apply for review
An authority operator may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions of the chief executive—•a decision under section 175 directing an authority operator to include additional details about a matter in the operator’s control system for conducting wagering•a decision under section 208 refusing to approve regulated wagering equipment•a decision under section 208 refusing to approve a modification of regulated wagering equipment.•a decision under section 208 to approve regulated wagering equipment or a modification of the equipment, with conditions•a decision under section 208 to impose a condition on an approval for regulated wagering equipment or a modification of the equipment•a decision under section 208 to vary a condition of an approval for regulated wagering equipment or a modification of the equipment.
292When licence operators may apply for review
A licence operator may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 159 directing the operator to terminate an agency agreement entered into by the operator.
293When applicants for key person licences may apply for review
An applicant for a key person licence may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 104 refusing to grant the application.
294When key person licensees may apply for review
A key person licensee may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions of the chief executive—•a decision under section 109 imposing a condition on the key person licence•a decision under section 114 changing a condition of the key person licence•a decision under section 116 refusing to grant an application to replace the key person licence•a decision under section 126 immediately suspending the key person licence•a decision under section 127 suspending or cancelling the key person licence•a decision under section 129 censuring the key person licensee•a decision under section 130 directing the key person licensee to rectify a matter.
295When wagering agents may apply for review
A wagering agent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 159 directing the licence operator by whom the agent was appointed to terminate the agency agreement.
296When owner of things seized may apply for review
The owner of a thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an inspector under section 255 resulting in the thing being forfeited.
297When other persons may apply for review
A person may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions—(a)a decision of a general operator, under section 216D, to give the person an exclusion direction;(b)a decision of a general operator, under section 216G, refusing to revoke an exclusion direction given to the person.
298Tribunal to decide review on evidence before the chief executive
(1)In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must—(a)hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and(b)decide the review of the decision in accordance with the same law that applied to the making of the original decision.(2)If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—(a)heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and(b)decided in accordance with the same law that applied to the making of the original decision.(3)In this section—original decision means the decision of the chief executive to which the proceeding for the review relates.
299Tribunal may give leave for review to be decided on new evidence in particular circumstances
(1)Despite section 298, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied—(a)the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and(b)in the circumstances, it would be unfair not to allow the party to present the new evidence.(2)If the tribunal gives leave under subsection (1), the tribunal must—(a)adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or(b)if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive.(3)In this section—new evidence means evidence that was not before the chief executive when the decision was made.
300Appeals from tribunal only to Court of Appeal on a question of law
(1)This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision of mentioned in sections 291 to 297.(2)The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision.(3)A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.(4)To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision.See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.
303Refusal of licence operator to enter into agency agreement
(1)This section applies if—(a)a licensed club reasonably believes it has negotiated in good faith with a licence operator for entering into an agency agreement with the operator but the club and the operator have been unable to agree the terms of the agreement; or(b)the operator has refused to enter into an agency agreement with the licensed club.(2)The licensed club may ask the Minister to review—(a)the outcome of the negotiations mentioned in subsection (1)(a) (the outcome); or(b)the decision mentioned in subsection (1)(b).(3)After reviewing the outcome or decision, the Minister may direct the licence operator to enter into an agency agreement with 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 the licensed club; and(b)the public interest.(5)If the licensed club is willing to enter into an agency agreement on the terms decided by the Minister, the licence operator must comply with the direction.Maximum penalty—100 penalty units.
(6)In this section, a reference to a decision of a licence operator to refuse to enter into an agency agreement includes a failure to enter into an agency agreement.
304Termination of agency agreement
(1)This section applies if a licence operator terminates an agency agreement with a licensed club otherwise than because of a direction to terminate the agreement given to the licence operator 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 may grant a stay of the decision.(4)After reviewing the decision, the Minister may direct the licence operator to reinstate the agency agreement.(5)However, the Minister may give a direction only if the Minister considers the licence operator, in terminating the agency agreement—(a)acted otherwise than under the agreement; or(b)despite having acted under the agreement—acted unreasonably.(6)The licence operator must comply with the direction.Maximum penalty—100 penalty units.
(7)In this section—reinstate an agency agreement that has been terminated includes enter into a fresh agency agreement on terms similar to the agency agreement terminated.
305Issues about staying operations of decisions
(1)A stay mentioned in section 304(3)—(a)may be given on conditions the Minister considers appropriate; 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 past the time when the Minister decides the review.(3)A review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.
For reviewing an outcome or a decision, the Minister—(a)must give the licence operator and the licensed club a reasonable opportunity to be heard or to make representations about the outcome or decision; and(b)must consider any representations.
307Delegation for div 2
(1)The Minister may delegate the Minister’s powers under this division to the Queensland Competition Authority.(2)The Queensland Competition Authority has the powers and functions necessary for the delegation.
308Confidentiality of information
(1)A person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act.Maximum penalty—200 penalty units or 2 years imprisonment.
(2)Subsection (1) does not apply to the disclosure of confidential information by a person—(a)for a purpose under this Act or a gaming Act; or(b)with a lawful excuse; or(c)under an approval of the chief executive under this section.(3)The chief executive may approve the disclosure of confidential information by a person to—(a)an entity prescribed under a regulation; or(b)an officer, employee or member of the entity; or(c)a stated department, person or other entity.(4)Before giving an approval for subsection (3)(c), the chief executive must—(a)give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and(b)give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.(5)If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.(6)In this section—confidential information means information, other than information that is publicly available, about—(a)a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or(b)a person making an application under this Act.
308ACommissioner of police service to notify changes in criminal history
(1)This section applies if—(a)the chief executive gives the commissioner of the police service the name of a relevant person for this section; and(b)the commissioner reasonably suspects a person who is charged with an offence is the relevant person.(2)The commissioner must notify the chief executive about the change 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;(c)the offence the person is charged with;(d)particulars of the offence;(e)the date of the charge.(4)The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1).(5)In this section—relevant person means—(a)a licensed employee; or(b)an authority holder who is an individual; or(c)an individual identified by the Minister as being a business or executive associate of an authority holder.
(1)The Minister may delegate the Minister’s powers under this Act, other than part 14, division 2, to—(a)the chief executive; or(b)an appropriately qualified inspector or an appropriately qualified officer of the department.(2)The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.(3)In this section—appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.a person’s classification level in the public service
310Commercial arrangements for conducting sports wagering
(1)This section applies if a sports wagering licensee does not propose to conduct wagering under the licence on a particular sporting event or contingency held or happening outside Australia or New Zealand.(2)With the approval of the Minister, the licensee may enter into a commercial arrangement with a licensed entity for the entity to conduct wagering on the event or contingency.(3)Wagering conducted by the licensed entity under the arrangement is taken to be wagering conducted by the sports wagering licensee under the sports wagering licence.(4)In this section—licensed entity means—(a)a casino licensee under the Casino Control Act 1982; or(b)the holder of an operator’s licence under the Gaming Machine Act 1991; or(c)the holder of an interactive gambling licence under the Interactive Gambling (Player Protection) Act 1998; or(d)a keno licensee under the Keno Act 1996; or(e)a lottery operator under the Lotteries Act 1997.
310AChief executive may make guidelines
(1)The chief executive may make guidelines to inform persons about—(a)the attitude the chief executive is likely to adopt on a particular matter; or(b)how the chief executive administers this Act.(2)The chief executive must publish the guidelines on the department’s website.
The chief executive may approve forms for use under this Act.
(1)The Governor in Council may make regulations under this Act.(2)A regulation may—(a)be about fees; or(b)impose a penalty of no more than 20 penalty units for contravention of a regulation; or(c)be about—(i)investments; or(ii)an account in the name of an investor with a licence operator; or(iii)vouchers for use in place of money to make investments; or(iv)outcomes of events; or(v)payouts; or(vi)setting aside a portion of the total of all investments made on a totalisator, and distributing or paying the money set aside.; or(d)be about the methods of payment used—(i)with regulated wagering equipment; or(ii)for wagering; or(iii)for paying out a winning bet or refund; or(iv)for making deposits to, or withdrawals from, an account in the name of an investor with a licence operator.
This division applies only if a wagering licence (the initial licence) is issued on the commencement day.
In this division—commencement day means the day on which the provision in which the term is used commences.existing Act means the Racing and Betting Act 1980 as in force from time to time before the commencement day.initial licence see section 318.initial operator means—(a)if, on the commencement day, the wagering licensee under the initial licence does not enter into a wagering management agreement with the Minister’s approval—the wagering licensee; or(b)if, on the commencement day, the wagering licensee under the initial licence enters into a wagering management agreement with the Minister’s approval—the wagering manager appointed under the agreement.TAB agency agreement means a contract, agreement or arrangement made under the existing Act under which the TAB appointed a person as its agent for the exercise of its powers or performance of its functions.TAB’s control system means the system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the TAB for the conduct of wagering by totalisators.
320Control system for initial operator
(1)This section applies if, on the commencement day, the initial operator makes a control system submission to the chief executive.(2)The TAB’s control system is, with any necessary modifications, taken to be the initial operator’s approved control system until the chief executive approves, or refuses to approve, under section 176, the control system to which the submission relates.
321Regulated wagering equipment
(1)This section applies if—(a)immediately before the commencement day, wagering equipment—(i)is the TAB’s equipment; or(ii)was used in the conduct of betting by means of a totalisator under the existing Act; and(b)on the commencement day, the equipment is regulated wagering equipment.(2)The regulated wagering equipment is taken to be approved wagering equipment.
322Key employees of initial operator
(1)This section applies if, on the commencement day, a key employee of the initial operator applies to the chief executive to be licensed as an employee under a key person licence.(2)The key employee is taken to be a licensed employee until the chief executive grants or refuses to grant the application under section 104.
323Amounts payable before commencement day for investments
(1)This section applies if—(a)an investment is made under the existing Act before the commencement day; and(b)an amount first becomes payable in relation to the investment (whether by way of a dividend or refund) before the commencement day.(2)Sections 201 to 203 of the existing Act continue to apply in relation to the investment and the amount as if the sections had not been repealed by the Racing Legislation Amendment Act 1998.(3)For applying the sections—(a)a reference to the totalisator board is taken to be a reference to the TAB; and(b)a reference to the Racing Development Fund is taken to be a reference to the consolidated fund.
324Amounts payable on or after commencement day for investments
(1)This section applies if—(a)an investment is made under the existing Act before the commencement day; and(b)an amount first becomes payable in relation to the investment (whether by way of a dividend or refund) on or after the commencement day.(2)For paying the amount, the investment is taken to be an investment made for approved wagering.
(1)A TAB agency agreement made before, and in force at, the commencement day is taken to be an agency agreement duly made under this Act for the initial operator.(2)Within 7 days after the commencement day, the initial operator must give the chief executive a written notice informing the chief executive of the name and place of operation of each wagering agent with whom the operator has an agency agreement to which this section applies.
(1)This section applies if, immediately before the commencement day—(a)a race club holds a totalisator licence under the existing Act; and(b)a net pool of the race club is amalgamated under section 196 of the existing Act.(2)Subject to part 8, division 4, for 1 year starting on the commencement day, the race club is taken to be a wagering agent of the initial operator and the agency relationship between the club and operator is taken to be an agency agreement.(3)However, the race club may terminate the agency by written notice given to the initial operator.(4)Within 7 days after the commencement day, the initial operator must give the chief executive a written notice informing the chief executive of the name and place of operation of each wagering agent under this section.
(1)This section applies if, immediately before the commencement day—(a)a race club holds a totalisator licence under the existing Act; and(b)a net pool of the race club is not amalgamated under section 196 of the existing Act.(2)Subject to part 4, division 5, the race club is taken to be a permit holder for 1 year starting on the commencement day.(3)However, if within the period of 1 year the race club enters into an agency agreement with the initial operator, the club stops being a permit holder.
328Control system for permit holders
(1)This section applies to a race club that is taken to be a permit holder under section 327.(2)The system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the race club for the conduct of wagering by totalisators is taken to be the club’s approved control system until the earlier of the following—(a)the end of 1 year starting on the commencement day;(b)the entering into of an agency agreement between the race club and initial operator.
329Continued operation of former rules and certain former regulations
(1)Rules in force under section 193 of the existing Act immediately before the commencement day continue to operate with any necessary changes and, for that purpose, are taken to be rules under this Act.(2)The Racing and Betting Regulation 1981, sections 63 to 68 and part 7 as in force immediately before the commencement day continue to operate with any necessary changes and, for that purpose, are taken to be rules validly made under this Act.(3)If a provision applying as a rule under subsection (1) is inconsistent with a provision applying as a rule under subsection (2), the latter provision prevails.(4)Subsections (1) and (2) apply until the earlier of the following—(a)the end of 1 year starting on the commencement day;(b)the commencement of rules made under this Act superseding the rules mentioned in subsection (1) or the provisions mentioned in subsection (2).(5)Provisions operating as rules under subsection (1) or (2) may be amended by rules under this Act.(6)Subsections (1) and (2) apply despite the Racing Legislation Amendment Act 1998.
In this division—commencement means the day this division commences.pre-amended Act means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 9.
332Direction to rectify under pre-amended Act
(1)This section applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if—(a)the chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and(b)before the commencement—(i)the period for rectifying the matter under that Act has not ended; or(ii)the period for rectifying the matter under that Act has ended and action has not been taken under section 129 of that Act in relation to a failure to comply with the direction.(2)A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004, part 9, had not commenced.(3)Subsection (4) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if—(a)the chief executive gave the direction to the licensee without a show cause notice; and(b)before the commencement—(i)the period for rectifying the matter under that Act has not ended; or(ii)the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.(4)A failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.
334Continuation of obligation under pre-amended Act, s 215
(1)This section applies to a general operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 215(2), allow a person to take part in approved wagering at a place at which the operator is entitled to carry on the operator’s operations.(2)The pre-amended Act, section 215(2), continues to apply to the operator as if the Gambling Legislation Amendment Act 2004, part 9, had not commenced.
335Transitional provision for race wagering licence
(1)This section applies to a race wagering licence that is in force immediately before the commencement.(2)In the race wagering licence—(a)a reference to a horse, trotting or greyhound race is taken to be a reference to thoroughbred, harness or greyhound racing; and(b)a reference to an event or contingency that is scheduled to be held at a race meeting at a racing venue is taken to be a reference to an event or contingency that may be lawfully held in Queensland or elsewhere.
In this division—commencement means the day the provision in which the term is used commences.post-amended Act means this Act as in force immediately after the commencement.
A person who was an inspector immediately before the commencement is taken to be an inspector appointed under the post-amended Act, section 229.
338Audit program for inspectors
The audit program that, immediately before the commencement, was the audit program approved by the Minister under section 231(1) of this Act as in force before the commencement is taken to be the approved audit program under the post-amended Act, section 236.
Division 5 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013
340Continuation of offence under s 173
(1)This section applies if a person is alleged to have committed an offence against section 173, as in force immediately before the commencement of this section.(2)Despite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013, other than this section, had not commenced.
340AApplication of particular provisions
The amendments of sections 4, 16, 17, 22, 341 and schedule 2 made by the Appropriation Act (No. 2) 2014 are, for the purposes of a wagering licence, taken to have had effect from 1 July 2014.
In this division—former, for a provision of this Act, means as in force from time to time before the commencement.
340C Continued application of Act
(1)This Act as in force from time to time before the commencement continues to apply in relation to a pre-commencement liability as if the Betting Tax Act 2018, part 9, division 5 had not commenced.(2)Without limiting subsection (1)—(a)former section 166 continues to apply after the commencement in relation to the payment of a pre-commencement liability; and(b)former section 167 continues to apply after the commencement for calculating a pre-commencement liability.(3)Despite subsection (1), section 172 as in force immediately before the commencement continues to apply after the commencement in relation to—(a)the evasion, after the commencement, of the payment of an amount payable as wagering tax under former section 166, whether the amount—(i)was payable before the commencement; or(ii)is payable after the commencement under this section; and(b)a return given after the commencement under former section 167 as continued in effect under this section.(4)In this section—pre-commencement liability means a liability under former section 165 for any month before the commencement.wagering tax means wagering tax within the meaning of this Act as in force from time to time before the commencement.
340D Proceedings for particular offences
(1)This section applies if a person is alleged to have committed—(a)an offence against former section 172(1) before the commencement; or(b)an offence against section 172(1), as in force immediately before the commencement, after the commencement.See section 340C(3) for the continued application of section 172 as 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, and the person may be punished for the offence, as if the Betting Tax Act 2018, part 9, division 5 had not commenced.(3)Subsection (2) applies despite the Criminal Code, section 11.
340E Application of s 289 in relation to offences against particular provisions
Section 289, as amended by the Betting Tax Act 2018, applies as if a reference in that section to an offence against section 172 included a reference to—(a)an offence against former section 172(1); and(b)an offence against section 172(1) as in force immediately before the commencement and as continued in effect under section 340C(3).
Division 8 Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021
340F Interactive wagering accounts established before commencement
Sections 228B, 228C and 228E apply in relation to an interactive wagering customer whether the customer’s interactive wagering account, however called, was established before or after the commencement.
Part 18 Validating provision for Liquor (Red Tape Reduction) and Other Legislation Amendment Act 2013
341Validation of extension of sports wagering licence
(1)This section applies to the extension, before the commencement of this section, of the term of the sports wagering licence held by TattsBett.(2)The extension of the term of the licence is taken to have been validly granted as if—(a)section 29A had been in force at the time of the granting of the extension; and(b)the extension had been granted under that section.
Section | Description of decision |
51 | suspending a wagering authority |
51 | cancelling a wagering authority |
51 | appointing an administrator to conduct the operations of an authority holder |
54 | for a wagering authority that is suspended—cancelling or reducing any remaining period of suspension |
Section | Description of decision |
21 | granting or refusing to grant an application for a wagering authority |
27 | imposing a condition on a wagering authority |
31 | changing conditions of a wagering authority |
48 | censuring an authority holder |
49 | directing an authority holder to rectify a matter |
52 | suspending a wagering authority |
68 | giving, or refusing to give, an approval for the appointment of a person as a wagering manager |
74 | giving, or refusing to give, an approval for the entering into of a wagering management agreement |
74 | giving, or refusing to give, an approval for the amendment of a wagering management agreement |
85 | censuring a wagering manager |
86 | directing a wagering manager to rectify a matter |
87 | directing a wagering licensee to terminate a wagering management agreement |
90 | suspending a wagering manager’s operations |
193 | giving, or refusing to give, an approval for entering into an ancillary wagering agreement |
197 | directing the termination of a related agreement |
271 | directing a general operator to stop or change a management practice |
accepted 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 agreement see section 140.
ancillary wagering agreement see section 190.
approved accountant means—
(a)a member of the Institute of Chartered Accountants in Australia who holds a current Certificate of Public Practice issued by the institute; or
(b)a member of CPA Australia who holds a current public practice certificate issued by CPA Australia; or
(c)a member of the Institute of Public Accountants who holds a current public practice certificate issued by the institute; or
(d)in a particular case—a member of an accounting body mentioned in paragraph (a), (b) or (c) who—(i)does not hold the current certificate mentioned in the paragraph; and(ii)is approved as an accountant for the case by the chief executive.
approved contingency, for a sports wagering licensee, means a contingency, or a contingency included in a class of contingencies, for which an approval of the Minister under section 57 for the conduct of wagering by the licensee is in force.
approved evaluator means an entity declared under a regulation to be an approved evaluator.
approved event, for a sports wagering licensee, means an event, or an event included in a class of events, for which an approval of the Minister under section 57 for the conduct of wagering by the licensee is in force.
approved form see section 311.
approved place see section 178.
approved place of operation, for a general operator, means the place where the operator may, under section 205, carry on the operator’s operations.
approved wagering means authorised wagering conducted by an authority operator under a wagering authority.
approved wagering equipment means regulated wagering equipment approved under section 208.
authorised wagering means—
(a)for an oncourse wagering permit or permit holder—oncourse wagering conducted by means of a totalisator; or
(b)for a wagering licence or licence operator—wagering conducted either by means of a totalisator or on a fixed odds basis.
authorised wagering operator means—
(a)an authority holder; or
(b)a wagering agent.
authority holder means—
(a)a wagering licensee; or
(b)a permit holder.
authority operator means—
(a)a licence operator; or
(b)a permit holder.
business associate, of an applicant for an oncourse wagering permit or wagering licence, means a person whom the Minister reasonably believes—
(a)is associated with the ownership or management of the applicant’s operations; or
(b)will, if a wagering authority is issued to the applicant, be associated with the ownership or management of the authority holder’s operations.
business associate, of a permit holder, wagering licensee or wagering manager, means a person whom the Minister reasonably believes is associated with the ownership or management of the operations of the permit holder, licensee or manager.
business associate, of a proposed wagering manager, means a person whom the Minister reasonably believes—
(a)is associated with the ownership or management of the operations of the proposed wagering manager; or
(b)will, if the proposed wagering manager is appointed as a wagering manager, be associated with the ownership or management of the wagering manager’s operations.
business associate, of a wagering agent, means a person whom the chief executive reasonably believes is associated with 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 notice see section 31.
conduct, for wagering, includes promote, organise and operate.
consent acknowledgement see section 240.
control system means a system of internal controls for the conduct of authorised wagering by an authority holder.
conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.
criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and—
(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and
(b)despite section 5 of that Act, includes a charge made against the person for an offence.
designated operator see section 204.
direct winning bet does not include a refund of an investment.
document certification requirement see section 263.
document production requirement see section 263.
employ includes engage under a contract for services.
employee of a wagering licensee or wagering agent means a person employed by the licensee or agent in functions related to the conduct of wagering.
exclusion direction see section 216D(1).
exclusivity period see section 4.
executive associate, of an applicant for an oncourse wagering permit or wagering licence, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes—
(a)is associated with the ownership or management of the applicant’s operations; or
(b)will, if a wagering authority is issued to the applicant, be associated with the ownership or management of the authority holder’s operations.
executive associate, of a permit holder, wagering licensee or wagering manager, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes is associated with the ownership or management of the operations of the permit holder, licensee or manager.
executive associate, of a proposed wagering manager, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes—
(a)is associated with the ownership or management of the operations of the proposed wagering manager; or
(b)will, if the proposed wagering manager is appointed as a wagering manager, be associated with the ownership or management of the wagering manager’s operations.
executive associate, of a wagering agent, means an executive officer of a corporation, partner or trustee, or another person stated by the chief executive, whom the chief executive reasonably believes is associated with the ownership or management of the agent’s operations.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
exempt wagering record see section 178.
financial records requirement see section 268.
gaming Act means 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 operator means—
(a)for part 11, division 3, see section 216AA; or
(b)otherwise—(i)an authority operator; or(ii)a wagering agent.
indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence.
information notice means a written notice complying with the QCAT Act, section 157(2).
inspector means a person who is an inspector under this Act.
interactive wagering account, of a person, for part 11, division 5, see section 228A.
interactive wagering customer, for part 11, division 5, see section 228A.
interested person—
(a)for part 4, division 5—see section 45; or
(b)for part 11, division 1—see section 195.
key employee see section 95.
key operator see section 98.
key operator’s requirement see section 99.
key person licence means a licence issued under section 108.
key person licensee means a person licensed under a key person licence.
licence operator, for a wagering licence or operations conducted under a wagering licence, means—
(a)if the wagering licensee has not entered into any wagering management agreement with the Minister’s approval—the wagering licensee; or
(b)if the wagering licensee has entered into a wagering management agreement with the Minister’s approval appointing a person as wagering manager for all the operations relating to authorised wagering conducted under the wagering licence—the wagering manager appointed under the agreement; or
(c)if the wagering licensee has entered into a wagering management agreement with the Minister’s approval appointing a person as wagering manager for some but not all the operations relating to authorised wagering conducted under the wagering licence—(i)for the operations to which the agreement relates—the wagering manager appointed under the agreement; or(ii)for the other operations relating to authorised wagering conducted under the wagering licence—the wagering licensee.
licensed club see the Racing Act 2002, schedule 1.
licensed employee means a person licensed as an employee under a key person licence.
licensed venue see the Racing Act 2002, schedule 1.
management committee, of an unincorporated body, means the committee or other body of persons, whatever called, that conducts the affairs of the body.
non-sporting event means any event other than—
(a)an event for which wagering is authorised to be conducted under a race wagering licence; or
(b)a sporting event; or
(c)a simulated event.
official wagering document means—
(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 permit see section 5.
permit holder means the holder of an oncourse wagering permit.
personal details requirement see section 261.
place of seizure see 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 gambler means a person whose behaviour relating to gambling—
(a)is characterised by difficulties in limiting the amount of money or time the person spends on gambling; and
(b)leads to adverse consequences for the person, other persons or the community.
proposed action, for part 7, division 7, see section 124(2)(a).
proposed wagering manager means a person in relation to whom an application for approval to appoint the person as a wagering manager has been made but not decided.
race meeting means a meeting for conducting thoroughbred, harness or greyhound racing.
race wagering licence see section 6.
race wagering licensee means a person who holds a race wagering licence.
reasonably believes means believes on grounds that are reasonable in all the circumstances.
reasonably suspects means suspects on grounds that are reasonable in all the circumstances.
registered company auditor means a person registered, or taken to be registered, as an auditor under the Corporations Act, part 9.2.
regulated wagering equipment means wagering equipment declared under a regulation to be regulated wagering equipment.
related agreement see section 191.
restricted licensee means a key person licensee declared under section 221 to be a restricted licensee.
restricted official means a wagering official declared under section 221 to be a restricted official.
revocation notice—
(a)for part 11, division 3, subdivision 1—see section 216C(1); and
(b)for part 11, division 3, subdivision 2—see section 216G(5).
rules mean rules made under section 198.
self-exclusion notice see section 216A(1).
self-exclusion order see section 216B(1)(a).
show cause notice—
(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).
simulated event means the simulation of a race or sporting event if—
(a)the simulation is modelled by a computer; and
(b)the outcome of the simulation is solely determined by a random number generator.
special warrant see section 244.
sporting contingency means a contingency associated with a sporting event.
sporting event does not include an event that is—
(a)thoroughbred, harness or greyhound racing; or
(b)a simulated event.
sporting event does not include an event or contingency that is, or relates to, thoroughbred, harness or greyhound racing.
sports wagering licence see section 7.
sports wagering licensee means a person who holds a sports wagering licence.
stop direction see section 259.
totalisator see section 8.
totalisator supplier see section 204.
totalisator supply agreement see section 204.
tribunal means QCAT.
UBET means UBET QLD Limited ACN 085 691 738.
UBET subsidiary means a wholly-owned subsidiary of UBET.
wagering means—
(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.
wagering agent see section 140.
wagering authority means—
(a)a wagering licence; or
(b)an oncourse wagering permit.
wagering authority fee see section 168.
wagering employee means a person employed by a wagering licensee in operations conducted under the wagering licence.
wagering equipment means a machine or other device (whether electronic, electrical or mechanical), computer software or another thing used, or suitable for use, in the conduct ofconnection with wagering.
wagering licence means—
(a)a race wagering licence; or
(b)a sports wagering licence.
wagering licensee means a person who holds a wagering licence.
wagering management agreement see section 71.
wagering manager means a person appointed by a wagering licensee under section 65 to manage some or all the operations relating to authorised wagering conducted under the wagering licence.
wagering official means—
(a)an inspector; or
(b)an officer of the department.
wagering record, of an authority holder, means a record (including a document) about the operations conducted by the authority holder under the wagering authority.
wholly-owned subsidiary see the Corporations Act, section 9.
winning bet includes a refund of an investment.