Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A licensed provider shall not appoint a person as his or her agent unless—
(a) the person is—
(i) for an individual—at least 18 years old; and
(ii) eligible to be an agent under criteria prescribed by the regulations; and
(b) the appointment is made under an agency agreement that includes any provision required by the commission; and
(c) the provider—
(i) has made inquiries about the person and each associated person; and
(ii) is satisfied on reasonable grounds—
(A) that the person is of good business reputation; and
(B) that each associated person is of good character and is in a sound financial position; and
(C) as to any other prescribed matters.
Note If a form is approved under the Control Act, s 53D (Approved forms) for an appointment under an agency agreement, the form must be used.
(2) The commission shall not require the inclusion of a provision in an agency agreement unless the commission believes on reasonable grounds that the inclusion of the provision is reasonably necessary to ensure—
(a) that the integrity of the conduct of interactive games is not jeopardised in a material way; or
(b) that the public interest is not affected in an adverse and material way.
(3) A licensed provider shall not—
(a) appoint; or
(b) purport to appoint;
a person as an agent otherwise than in accordance with this section.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(4) In this section:
"associated person", in relation to a proposed agent, means—
(a) if the proposed agent is an individual—the person; and
(b) if the proposed agent is a body corporate—each director; and
(c) each business associate of the proposed agent.