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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CHARITABLE AND NON-
PROFIT GAMING BILL 1999
Queensland
CHARITABLE AND NON-PROFIT
GAMING BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--INTERPRETATION
Division 1--Standard definitions
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Key definitions
6 Meaning of "art union" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Meaning of "association" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Meaning of "bingo" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Meaning of "calcutta sweep" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10 Meaning of "eligible association" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Meaning of "game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Meaning of "lucky envelopes" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Meaning of "promotional game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Categories of games
14 Meaning of "category 1 game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
15 Meaning of "category 2 game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Meaning of "category 3 game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Meaning of "category 4 game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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PART 3--GENERAL GAMING
Division 1--Who may conduct general gaming
18 Category 1 games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
19 Category 2 games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
20 Category 3 games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21 Category 4 games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Restriction on persons conducting category 2 or 3 games . . . . . . . . . . . . . . 20
Division 2--Other provisions about general gaming
Subdivision 1--Bingo
23 Restrictions on conducting bingo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2--Lucky envelopes
24 Restriction on conducting lucky envelopes . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Approving, installing and operating lucky envelope vending machines . . . 22
26 Printing lucky envelopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Safe custody of lucky envelopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28 Selling lucky envelopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 3--Approval for events for calcutta sweeps
29 Application for approval of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
30 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
33 Period of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Withdrawal of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 4--Application of net proceeds of games
35 Application of net proceeds of games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 4--LICENCES
Division 1--Types and form
36 Types of general licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
37 Form, content and term of general licences . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Issue and renewal
38 Who may apply for a bingo centre licence . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Who may apply for a category 3 gaming licence . . . . . . . . . . . . . . . . . . . . . 27
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Charitable and Non-Profit Gaming
40 Who may apply for a lucky envelope printer licence . . . . . . . . . . . . . . . . . . 27
41 Who may apply for a special category 3 gaming licence . . . . . . . . . . . . . . 27
42 Special category 3 gaming licence not renewable . . . . . . . . . . . . . . . . . . . . 27
43 Application for issue or renewal of a general licence . . . . . . . . . . . . . . . . . 27
44 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45 Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Suitability of applicant to hold general licence . . . . . . . . . . . . . . . . . . . . . . 29
47 Suitability of business and executive associates of applicant . . . . . . . . . . . 29
48 Investigations of suitability of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Criminal history reports for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Inspection before issue or renewal of general licence . . . . . . . . . . . . . . . . . 30
51 Other matters chief executive may have regard to in deciding
applications for bingo centre licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
52 Other matters to be considered by chief executive in deciding
applications for category 3 gaming licences . . . . . . . . . . . . . . . . . . . . . . . . . 32
53 Other matters to be considered by chief executive in deciding
applications for lucky envelope printer licences . . . . . . . . . . . . . . . . . . . . . . 32
54 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3--Conditions
55 Conditions imposed on issue or renewal of general licence . . . . . . . . . . . . 33
56 Changing conditions of general licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
57 Non-compliance with general licence conditions . . . . . . . . . . . . . . . . . . . . . 34
Division 4--Suspension and cancellation
58 Grounds for suspension or cancellation of general licence . . . . . . . . . . . . . 34
59 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
60 Copy of show cause notice to be given to interested persons . . . . . . . . . . . 36
61 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
63 Censuring general licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
64 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
65 Other action by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
66 Terms of appointment and role of administrator . . . . . . . . . . . . . . . . . . . . . . 39
67 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 40
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Charitable and Non-Profit Gaming
Division 5--Investigations of licensees and associates
68 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
69 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
70 Requirement to give information or material for investigation . . . . . . . . . . 41
71 Reports about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 5--COMPLIANCE REQUIREMENTS
Division 1--Rules
72 General gaming rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Compliance with rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--General gaming records
74 Keeping general gaming records--eligible associations . . . . . . . . . . . . . . . 43
75 Keeping general gaming records--bingo centre licensees . . . . . . . . . . . . . . 43
76 Keeping general gaming records--lucky envelope printers . . . . . . . . . . . . . 43
77 General gaming records to be kept for required period . . . . . . . . . . . . . . . . . 43
Division 3--Financial accounts and records
78 Keeping accounting records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
79 Preparing financial statements and accounts . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4--Financial institution accounts
80 Keeping accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 5--Reports and returns
81 Submitting reports for category 3 games . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
82 Submitting returns for category 3 games . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
83 Submitting returns for other games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
84 Submitting returns--bingo centres and lucky envelope printers . . . . . . . . . 46
Division 6--Audit
85 Definition for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
86 Audit for category 1 or 4 gaming operations . . . . . . . . . . . . . . . . . . . . . . . . . 47
87 Audit for category 2 or 3 gaming operations . . . . . . . . . . . . . . . . . . . . . . . . . 48
88 Audit--bingo centre licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
89 Audit--lucky envelope printers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
90 Finishing audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
91 Giving audit report to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
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92 Chief executive's power to ask auditor for copy of audit report . . . . . . . . . 49
93 Further information following audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
94 Exemption from audit requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 7--Prizes
95 Dealing with prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
96 Claims for prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 8--Tickets
97 Tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 9--Approval of regulated general gaming equipment
98 Application for approval of regulated general gaming equipment . . . . . . . . 53
99 Evaluating equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
100 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 10--Advertising
101 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
102 Directions about advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 11--Complaints
103 Inquiries about complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
104 Reporting improper behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 12--General gaming offences
105 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
106 Cheating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
107 Extending credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
108 Forgery and uttering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
109 Impersonating representatives of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
110 Participation by minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 6--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
111 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
112 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
113 Minister may approve program to audit suitability of inspectors . . . . . . . . . 61
114 Chief executive must consider suitability of proposed inspectors
and inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
115 Limitation of inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
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116 Inspector's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
117 Inspector's identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
118 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 63
Division 2--Powers of inspectors
Subdivision 1--Power to enter places
119 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 2--Procedure for entry
120 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
121 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
122 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
123 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
124 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Subdivision 3--General powers
125 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
126 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
127 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 4--Power to seize evidence
128 Seizing evidence at general gaming places . . . . . . . . . . . . . . . . . . . . . . . . . 70
129 Seizing evidence at places other than general gaming places . . . . . . . . . . 70
130 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
131 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
132 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
133 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
134 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
135 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
136 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Subdivision 5--Power to give directions to stop using things
137 Direction to stop using thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
138 Requirements about stop directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
139 Failure to comply with stop direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Subdivision 6--Power to obtain information
140 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
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141 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
142 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
143 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
144 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
145 Power to require attendance of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
146 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . . 77
147 Power to require financial records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
148 Effect of compliance with s 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
149 Failure to comply with s 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 3--Other enforcement matters
150 Direction about management practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
151 Direction about conduct of general gaming . . . . . . . . . . . . . . . . . . . . . . . . . . 79
152 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
153 Forfeiture on payment of infringement notice penalty . . . . . . . . . . . . . . . . . 80
154 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
155 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
156 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
157 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 4--General enforcement offences
158 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
159 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
160 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
161 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
162 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
163 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
164 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 2--Proceedings
165 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
166 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
167 Limitation on who may summarily hear indictable offence proceedings . . 87
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168 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 87
169 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 87
170 Executive officers must ensure corporation complies with Act . . . . . . . . . . 88
171 Treatment of unincorporated associations . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
172 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
173 Additional powers of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
PART 8--APPEALS
174 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
175 Appeals about forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
176 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
177 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
178 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
179 Power to gather evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
180 Powers of Gaming Commission on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 93
181 Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
PART 9--MISCELLANEOUS
182 Recovery of amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
183 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
184 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
185 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
186 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
PART 10--TRANSITIONAL PROVISIONS AND REPEAL
Division 1--Interpretation
187 Definition for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 2--Transitional provisions
188 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
189 Continuation of conduct of art unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
190 Existing approvals for lucky envelope vending machines . . . . . . . . . . . . . . 96
191 Existing licences and permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
192 Existing orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
193 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
194 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
9
Charitable and Non-Profit Gaming
Division 3--Repeal
195 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
PART 11--CONSEQUENTIAL AND OTHER AMENDMENTS
196 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 99
ACTS AMENDED
AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 . . . . . 100
KENO ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
LOTTERIES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
WAGERING ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 105
DICTIONARY
1999
A BILL
FOR
An Act to regulate gaming conducted to raise funds for charitable and
non-profit purposes, and for related purposes
s1 12 s4
Charitable and Non-Profit Gaming
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Charitable and Non-Profit Gaming Act 4
1999. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
of Act 8
Objects
3. The objects of this Act include ensuring-- 9
(a) appropriate standards and levels of accountability for the conduct 10
of general gaming are set and maintained; and 11
(b) the public obtains reasonable net benefits from the conduct of 12
general gaming; and 13
(c) individuals engaged in conducting general gaming do not derive a 14
personal gain from it; and 15
(d) the integrity of general gaming is maintained; and 16
(e) public confidence and trust in buying general gaming tickets as a 17
worthwhile way of supporting persons' fundraising activities are 18
maintained. 19
of Act 20
Application
4. This Act does not apply to the conduct of a game permitted under 21
another jurisdiction's law, if the conduct of the game in Queensland consists 22
only of advertising the game. 23
s5 13 s8
Charitable and Non-Profit Gaming
PART 2--INTERPRETATION 1
1--Standard definitions 2
Division
3
Definitions
5. The dictionary in schedule 2 defines particular words used in this Act. 4
2--Key definitions 5
Division
of "art union" 6
Meaning
6.(1) An "art union" is a game in which-- 7
(a) each player is given a ticket; and 8
(b) the winners are decided wholly or partly by chance. 9
(2) "Art union" does not include bingo, a calcutta sweep, lucky 10
envelopes or a promotional game. 11
of "association" 12
Meaning
7. An "association" is a group of at least 4 persons, whether or not 13
incorporated, formed for a common purpose that is not likely to harm-- 14
(a) the integrity of general gaming; or 15
(b) public confidence and trust in buying gaming tickets as a 16
worthwhile way of supporting fundraising activities by persons 17
for charitable and non-profit purposes. 18
of "bingo" 19
Meaning
8. "Bingo" is a game known as bingo, housie or housie-housie, or a 20
similar game, whatever called, in which-- 21
(a) each player is given a ticket with numbers, letters or symbols 22
printed on it; and 23
(b) the winner is decided by the player matching randomly selected 24
s9 14 s 10
Charitable and Non-Profit Gaming
numbers, letters or symbols to the numbers, letters or symbols on 1
the player's ticket. 2
of "calcutta sweep" 3
Meaning
9.(1) A "calcutta sweep" is a game conducted on a horse race held at a 4
racing venue, or an event approved under section 30,1 in which, before the 5
race or event starts-- 6
(a) each player buys a ticket for a chance to be allocated, by lot, a 7
participant in the race or event; and 8
(b) an auction takes place at which anyone present, whether or not the 9
person holds a ticket, is entitled to bid for each participant in the 10
race or event. 11
(2) The winners in the game are decided entirely or partly by chance, 12
according to the result of the race or event. 13
(3) In this section-- 14
"horse race" means a race for galloping horses. 15
"racing venue" means a place, whether in Queensland or elsewhere, at 16
which a horse race may lawfully be held. 17
of "eligible association" 18
Meaning
10.(1) An "eligible association" is-- 19
(a) an association formed and operated principally for a charitable, 20
community, educational, patriotic, religious or sporting purpose 21
or a similar purpose prescribed under a regulation; or 22
(b) a parents and citizens association formed under the Education 23
(General Provisions) Act 1989; or 24
(c) a registered political party under the Electoral Act 1992. 25
(2) An association mentioned in subsection (1)(a) must-- 26
(a) have at least 25 members; and 27
1 Section 30 (Decision on application)
s 10 15 s 10
Charitable and Non-Profit Gaming
(b) have a management committee, elected by the members-- 1
(i) the members of which hold office for at least 1 year; and 2
(ii) that holds regular meetings, including an annual general 3
meeting, and keeps minutes of its meetings; and 4
(c) have a treasurer who keeps proper financial records for the 5
association and presents an audited income and expenditure 6
statement and balance sheet at its annual general meeting; and 7
(d) operate banking accounts in its name; and 8
(e) require cheques issued by it to be signed by at least 2 members 9
authorised for the purpose. 10
(3) An association mentioned in subsection (1)(a) must also have a 11
constitution that provides, if the association is disbanded, for its assets, after 12
payment of its liabilities, to be distributed to-- 13
(a) a fund with objects similar to the association's objects; or 14
(b) a fund used exclusively for charitable purposes; or 15
(c) an association incorporated under the Associations Incorporation 16
Act 1981 with objects similar to the association's objects. 17
(4) An "eligible association" includes a constituent unit of the 18
association. 19
(5) In this section-- 20
"charitable purpose" means-- 21
(a) the purpose of helping individuals who-- 22
(i) are persons with a disability under the Disability Services Act 23
1992; or 24
(ii) need help because of their age (whether young or old), 25
sickness, infirmity, bereavement, poverty or unemployment; 26
or 27
(iii) need help because their property has been damaged or 28
destroyed by, or because of, a natural disaster; or 29
(iv) are dependants of individuals mentioned in subparagraphs (i) 30
to (iii); or 31
s 10 16 s 10
Charitable and Non-Profit Gaming
(b) another purpose prescribed under a regulation if there are 1
reasonable grounds for considering the purpose to be a charitable 2
purpose. 3
"community purpose" means the purpose of promoting, other than for 4
personal or commercial gain, the general welfare of the public or a 5
section of it. 6
"constituent unit", of an eligible association, means a branch, sub-branch, 7
committee, council or other body of persons established under the 8
association's rules (whatever the rules are called). 9
"educational purpose" means-- 10
(a) the purpose of helping any of the following established, or 11
proposed to be established, other than for personal or commercial 12
gain-- 13
(i) a school, college (including a State college within the 14
meaning of the Vocational Education, Training and 15
Employment Act 1991), university or other educational 16
institution; 17
(ii) a school of arts or public library; or 18
(b) another purpose prescribed under a regulation if there are 19
reasonable grounds for considering the purpose to be an 20
educational purpose. 21
"patriotic purpose" means-- 22
(a) the purpose of helping members of the Australian Defence Force 23
(the "ADF"), or members of the armed forces of another country 24
with whom the ADF members are serving during a war, defence 25
emergency or United Nations peacekeeping operations in which 26
the ADF members are involved, by providing-- 27
(i) things for the comfort or convenience of the ADF members, 28
or the members of the forces of the other country, in or 29
outside Australia; or 30
(ii) functions in Queensland to farewell or welcome the 31
members; or 32
(b) another purpose prescribed under a regulation if there are 33
reasonable grounds for considering the purpose to be a patriotic 34
s 11 17 s 12
Charitable and Non-Profit Gaming
purpose. 1
"religious purpose" means-- 2
(a) the purpose of helping a church, mosque, pagoda, synagogue, 3
temple or other religious body that is established, or proposed to 4
be established; or 5
(b) another purpose prescribed under a regulation if there are 6
reasonable grounds for considering the purpose to be a religious 7
purpose. 8
"sporting purpose" means-- 9
(a) the purpose of helping an association in promoting or controlling 10
a sporting activity of a recreational nature; or 11
(b) another purpose prescribed under a regulation if there are 12
reasonable grounds for considering the purpose to be a sporting 13
purpose. 14
of "game" 15
Meaning
11. A "game" is a game, scheme or arrangement offering prizes, 16
whether or not tickets are sold or distributed, in which the winners are 17
decided-- 18
(a) entirely or partly by chance; or 19
(b) by a competition or other activity having an outcome depending 20
on chance, for example, a guessing competition. 21
22
Examples of "game"--
23
1. A calcutta sweep.
24
2. An art union.
25
3. A promotional game.
26
4. Bingo.
27
5. Lucky envelopes.
of "lucky envelopes" 28
Meaning
12.(1) "Lucky envelopes" is a game in which-- 29
s 13 18 s 15
Charitable and Non-Profit Gaming
(a) a ticket is torn, opened or scratched, whether physically or 1
electronically, to reveal numbers, letters or symbols that may 2
entitle the player to a prize; or 3
(b) a ticket is printed, electronically or mechanically, with a number, 4
letter or symbol that may entitle the player to a prize. 5
(2) "Lucky envelopes" includes-- 6
(a) the games known as lucky envelopes, break-open, pull-tab, lucky 7
numbers and instant art union; and 8
(b) any similar game, by whatever name called. 9
(3) However, "lucky envelopes" does not include a promotional game. 10
of "promotional game" 11
Meaning
13. A "promotional game" is a game conducted to promote goods or 12
services. 13
Division 3--Categories of games 14
of "category 1 game" 15
Meaning
14.(1) A "category 1 game" is a game in which-- 16
(a) for bingo--the gross proceeds of all games in the bingo session 17
are not more than $2 000; or 18
(b) for other games--the gross proceeds of which are not more 19
than $2 000. 20
(2) However, a promotional game or lucky envelopes is not a category 1 21
game. 22
of "category 2 game" 23
Meaning
15.(1) A "category 2 game" is a game in which-- 24
(a) for bingo--the gross proceeds of all games in the bingo session 25
are more than $2 000 but not more than $20 000; or 26
s 16 19 s 18
Charitable and Non-Profit Gaming
(b) for lucky envelopes--the gross proceeds of which are not more 1
than $5 000; or 2
(c) for other games--the gross proceeds of which are more than 3
$2 000 but not more than $20 000. 4
(2) However, a promotional game is not a category 2 game. 5
of "category 3 game" 6
Meaning
16.(1) A "category 3 game" is a game, other than bingo, the gross 7
proceeds of which are more than-- 8
(a) $20 000; or 9
(b) if the game is conducted under a special category 3 gaming 10
licence--$5 000. 11
(2) However, a promotional game or lucky envelopes is not a category 3 12
game. 13
of "category 4 game" 14
Meaning
17. A "category 4 game" is a promotional game. 15
ART 3--GENERAL GAMING 16
P
1--Who may conduct general gaming 17
Division
1 games 18
Category
18.(1) A person must not conduct a category 1 game unless the person 19
is-- 20
(a) an association; or 21
(b) authorised to conduct the game under another Act. 22
Maximum penalty--40 penalty units. 23
s 19 20 s 22
Charitable and Non-Profit Gaming
(2) However, an individual may conduct a category 1 game if-- 1
(a) the individual does not derive a personal gain from conducting the 2
game; and 3
(b) all proceeds of the game, or goods representing the value of the 4
proceeds, are returned to the players as prizes. 5
2 games 6
Category
19. A person must not conduct a category 2 game unless the person-- 7
(a) is an eligible association and complies with section 22; or 8
(b) is authorised to conduct the game under another Act. 9
Maximum penalty--100 penalty units. 10
3 games 11
Category
20. A person must not conduct a category 3 game unless the person-- 12
(a) is an eligible association that complies with section 22 and holds a 13
category 3 gaming licence; or 14
(b) holds a special category 3 gaming licence; or 15
(c) is authorised to conduct the game under another Act. 16
Maximum penalty--200 penalty units. 17
4 games 18
Category
21. Any person may conduct a category 4 game. 19
on persons conducting category 2 or 3 games 20
Restriction
22. An eligible association may conduct a category 2 or 3 game only if 21
the association-- 22
(a) has an office in Queensland and conducts its general gaming 23
business from, and keeps its general gaming records at, the office; 24
and 25
(b) if the association uses or intends to use part or all of the game's 26
s 23 21 s 24
Charitable and Non-Profit Gaming
net proceeds for a purpose outside Queensland--states on the 1
tickets, or written advertising material for the game, the purpose 2
for which the net proceeds are to be used. 3
2--Other provisions about general gaming 4
Division
1--Bingo 5
Subdivision
on conducting bingo 6
Restrictions
23.(1) A person must not conduct bingo if the gross proceeds of all 7
games in the bingo session are more than $20 000. 8
Maximum penalty--200 penalty units. 9
(2) A person must not conduct bingo at a bingo centre unless-- 10
(a) the person is an eligible association; and 11
(b) a bingo centre licence is in force for the bingo centre; and 12
(c) the person has appointed an individual as an ordinary member of 13
the bingo centre licensee. 14
Maximum penalty--40 penalty units. 15
(3) In this section-- 16
"bingo centre" means premises where 2 or more eligible associations 17
conduct, between or amongst them, more than 25 bingo sessions each 18
week. 19
Subdivision 2--Lucky envelopes 20
on conducting lucky envelopes 21
Restriction
24. A person must not conduct lucky envelopes if the gross proceeds of 22
the game are more than $5 000. 23
Maximum penalty--200 penalty units. 24
s 25 22 s 27
Charitable and Non-Profit Gaming
installing and operating lucky envelope vending machines 1
Approving,
25.(1) A person must not conduct lucky envelopes from a lucky 2
envelope vending machine unless the machine is approved by the chief 3
executive under part 5, division 9.2 4
(2) A person conducting lucky envelopes must ensure the lucky envelope 5
vending machine is installed and operated in the way prescribed under a 6
regulation. 7
Maximum penalty--40 penalty units. 8
lucky envelopes 9
Printing
26.(1) A person must not print lucky envelopes unless the person holds a 10
lucky envelope printer licence. 11
Maximum penalty--100 penalty units. 12
(2) The holder of a lucky envelope printer licence must comply with the 13
requirements prescribed under a regulation for printing lucky envelopes. 14
Maximum penalty--50 penalty units. 15
(3) To remove doubt, it is declared that a person does not print lucky 16
envelopes if the person merely sells lucky envelopes-- 17
(a) from a lucky envelope vending machine; or 18
(b) obtained from the holder of a lucky envelope printer licence. 19
custody of lucky envelopes 20
Safe
27.(1) The holder of a lucky envelope printer licence must ensure-- 21
(a) stocks of lucky envelopes held by the holder are kept in a secure 22
place; and 23
(b) adequate security arrangements exist to prevent access to the place 24
by persons who are not authorised by the holder to have the 25
access. 26
(2) A person conducting lucky envelopes must ensure-- 27
2 Part 5, division 9 (Approval of regulated general gaming equipment)
s 28 23 s 30
Charitable and Non-Profit Gaming
(a) the following are kept in a secure place-- 1
(i) stocks of lucky envelopes held by the person; 2
(ii) any microchip or other program storage media for random 3
number generator software used by the person in a lucky 4
envelope vending machine; and 5
(b) adequate security arrangements exist to prevent access to the place 6
by persons who are not authorised by the person conducting the 7
lucky envelopes to have the access. 8
Maximum penalty--40 penalty units. 9
lucky envelopes 10
Selling
28. A person must not sell lucky envelopes unless the envelopes have 11
been printed under a lucky envelope printer licence. 12
Maximum penalty--50 penalty units. 13
3--Approval for events for calcutta sweeps 14
Subdivision
for approval of events 15
Application
29.(1) A person may apply to the chief executive for approval for an 16
event on which the person intends to conduct a calcutta sweep. 17
(2) The application must be in writing and describe the event for which 18
approval is sought. 19
on application 20
Decision
30.(1) The chief executive must consider the application and either give, 21
or refuse to give, the approval sought by the application. 22
(2) An approval may relate to an event in or outside Australia. 23
(3) The chief executive must not give an approval for an event the chief 24
executive considers to be offensive or contrary to the public interest. 25
s 31 24 s 34
Charitable and Non-Profit Gaming
of approval 1
Conditions
31. The chief executive may give the approval-- 2
(a) on conditions the chief executive considers necessary or desirable 3
for the proper conduct of the calcutta sweep; or 4
(b) on other conditions the chief executive considers necessary or 5
desirable in the public interest. 6
of decision 7
Notice
32.(1) If the chief executive gives the approval, the chief executive must 8
give the person a notice stating-- 9
(a) the decision; and 10
(b) any conditions of the approval. 11
(2) The notice may also state the period for which the approval remains 12
in force. 13
(3) If the chief executive refuses the approval, the chief executive must 14
give the person a notice stating the decision and the reasons for it. 15
of approval 16
Period
33. An approval remains in force-- 17
(a) if a period is stated in the notice under section 32(2)--for the 18
stated period; or 19
(b) if no period is stated in the notice--until the approval is 20
withdrawn. 21
of approval 22
Withdrawal
34.(1) The chief executive may, for any reason the chief executive 23
considers appropriate, withdraw an approval given under section 30. 24
(2) However, the approval may be withdrawn only if the chief 25
executive-- 26
(a) has given the person a reasonable opportunity to be heard or to 27
make representations on the proposed withdrawal; and 28
s 35 25 s 36
Charitable and Non-Profit Gaming
(b) has considered any representations made by the person in the 1
process carried out by the chief executive under paragraph (a). 2
(3) The withdrawal must be made by notice given to the person and 3
stating the reasons for the decision. 4
(4) The decision takes effect-- 5
(a) on the day the notice is given to the person; or 6
(b) if a later day of effect is stated in the notice--on the later day. 7
Subdivision 4--Application of net proceeds of games 8
of net proceeds of games 9
Application
35. A person must not use or apply the net proceeds of a category 1, 2 or 10
3 game other than for a purpose for which the game was conducted. 11
Maximum penalty--100 penalty units. 12
PART 4--LICENCES 13
1--Types and form 14
Division
of general licences 15
Types
36. The following types of general licence may be issued under this 16
Act-- 17
(a) a bingo centre licence; 18
(b) a category 3 gaming licence; 19
(c) a lucky envelope printer licence; 20
(d) a special category 3 gaming licence. 21
s 37 26 s 38
Charitable and Non-Profit Gaming
content and term of general licences 1
Form,
37.(1) A general licence must-- 2
(a) be in the approved form; and 3
(b) include the following particulars-- 4
(i) the licensee's name; 5
(ii) the date of issue; 6
(iii) the term for which it is issued; 7
(iv) its conditions; 8
(v) other particulars prescribed under a regulation. 9
(2) A general licence is issued for the following term-- 10
(a) for a bingo centre licence--1 year; 11
(b) for a category 3 gaming licence--1 year; 12
(c) for a lucky envelope printer licence--5 years; 13
(d) for a special category 3 gaming licence--4 months. 14
2--Issue and renewal 15
Division
may apply for a bingo centre licence 16
Who
38.(1) For the purpose of an application for a bingo centre licence, an 17
association must be established that complies with subsection (2). 18
(2) An applicant for a bingo centre licence (the "applicant association") 19
must be an association-- 20
(a) incorporated under the Associations Incorporation Act 1981; and 21
(b) the ordinary members of which consist only of individuals 22
appointed by eligible associations conducting, or intending to 23
conduct, bingo at the premises for which the licence is sought. 24
(3) An eligible association may appoint an individual as an ordinary 25
member of the applicant association if the individual is an ordinary member 26
of the eligible association. 27
s 39 27 s 43
Charitable and Non-Profit Gaming
(4) The number of individuals appointed to the applicant association by 1
each eligible association must be the same. 2
may apply for a category 3 gaming licence 3
Who
39. An applicant for a category 3 gaming licence must be an incorporated 4
eligible association. 5
may apply for a lucky envelope printer licence 6
Who
40. An applicant for a lucky envelope printer licence must be a 7
corporation. 8
may apply for a special category 3 gaming licence 9
Who
41. An applicant for a special category 3 gaming licence must be a person 10
intending to conduct a single art union for the welfare or benefit of-- 11
(a) individuals who need help because of a disaster; or 12
(b) a disadvantaged individual. 13
14
Example of `disadvantaged individual'--
15
An individual who is financially disadvantaged.
category 3 gaming licence not renewable 16
Special
42. A special category 3 gaming licence is not renewable. 17
for issue or renewal of a general licence 18
Application
43.(1) An application must-- 19
(a) be made to the chief executive in the approved form; and 20
(b) be accompanied by the application fee, if any, prescribed under a 21
regulation. 22
(2) The application must be made in the time prescribed under a 23
regulation. 24
(3) The chief executive may, by notice, ask the applicant to give the chief 25
s 44 28 s 45
Charitable and Non-Profit Gaming
executive further information or a document that is necessary and 1
reasonable to help the chief executive decide the application. 2
(4) The applicant must comply with the request within the reasonable 3
time stated in the notice. 4
of application 5
Consideration
44. The chief executive must consider the application and any additional 6
information or document given to the chief executive under section 43, and 7
either grant or refuse to grant the application. 8
for granting application 9
Conditions
45.(1) The chief executive may grant an application for a licence, other 10
than a special category 3 licence, only if the chief executive is satisfied-- 11
(a) the applicant is a suitable person to hold the licence; and 12
(b) each business or executive associate of the applicant is a suitable 13
person to be associated with the applicant's proposed operations 14
under the licence. 15
(2) The chief executive may grant an application for a special category 3 16
gaming licence to conduct an art union only if the chief executive is 17
satisfied-- 18
(a) the applicant is a suitable person to hold the licence, or, if the 19
application is made for an unincorporated association, each 20
management member of the association would be a suitable 21
person to hold the licence if the member were the applicant; and 22
(b) it is reasonable to grant the licence because of the exceptional 23
circumstances of the case. 24
25
Examples of `exceptional circumstances' for subsection (2)--
26
1. A financially disadvantaged individual requires urgent medical treatment.
27
2. A financially disadvantaged individual requires financial assistance to
28
participate in an international sporting event.
(3) However, the chief executive may refuse to grant an application for a 29
licence even if the chief executive is satisfied of the matters mentioned in 30
subsection (1) or (2). 31
s 46 29 s 47
Charitable and Non-Profit Gaming
of applicant to hold general licence 1
Suitability
46. In deciding whether the applicant, or a management member of the 2
applicant, is a suitable person as mentioned in section 45, the chief executive 3
may have regard to any relevant matter, including the following-- 4
(a) the applicant or management member's character or business 5
reputation; 6
(b) the applicant or management member's current financial position 7
and financial background; 8
(c) if the applicant is not an individual--whether the applicant has, or 9
has arranged, a satisfactory ownership, trust or corporate structure 10
for conducting the licensee's proposed operations under the 11
licence; 12
(d) whether the applicant or management member has, or is able to 13
obtain, the services of persons who have-- 14
(i) financial resources the chief executive considers adequate to 15
ensure the financial viability of operations conducted under 16
the licence; and 17
(ii) appropriate experience to ensure the proper and successful 18
conduct of the applicant's proposed operations under the 19
licence; 20
(e) if the applicant or management member has a business or 21
executive association with another person-- 22
(i) the other person's character or business reputation; and 23
(ii) the other person's current financial position and financial 24
background. 25
of business and executive associates of applicant 26
Suitability
47. In deciding whether a business or executive associate of the applicant 27
is a suitable person to be associated with the applicant's proposed operations 28
under the licence, the chief executive may have regard to any relevant matter 29
including the following-- 30
(a) the associate's character or business reputation; 31
(b) the associate's current financial position and financial background; 32
s 48 30 s 50
Charitable and Non-Profit Gaming
(c) if the associate has a business or executive association with 1
another person-- 2
(i) the other person's character or business reputation; and 3
(ii) the other person's current financial position and financial 4
background. 5
of suitability of applicant 6
Investigations
48.(1) The chief executive may investigate the applicant, or a 7
management member of the applicant, to decide whether the applicant or 8
management member is a suitable person to hold the licence. 9
(2) The chief executive may investigate a business or executive associate 10
of the applicant to decide whether the business or executive associate is a 11
suitable person to be associated with the applicant's proposed operations 12
under the licence. 13
history reports for investigations 14
Criminal
49.(1) If the chief executive, in investigating a person under section 48, 15
asks the commissioner of the police service for a written report on the 16
person's criminal history, the commissioner must give the report to the 17
chief executive. 18
(2) The report must contain-- 19
(a) all relevant information the commissioner possesses; and 20
(b) all relevant information the commissioner can reasonably obtain 21
by asking officials administering police services in other 22
Australian jurisdictions; and 23
(c) all other relevant information to which the commissioner has 24
access. 25
before issue or renewal of general licence 26
Inspection
50.(1) For deciding the application, the chief executive may ask an 27
inspector-- 28
(a) to enter and inspect a place that is being, or is proposed to be, 29
s 51 31 s 51
Charitable and Non-Profit Gaming
used-- 1
(i) for conducting general gaming; or 2
(ii) for printing lucky envelopes; and 3
(b) to inspect and test equipment that is being, or is proposed to be 4
used for conducting games or printing lucky envelopes. 5
(2) The inspector may enter the place under section 1193 and carry out the 6
inspection and testing. 7
(3) For the purposes of the application, the applicant must consent to the 8
entry. 9
matters chief executive may have regard to in deciding 10
Other
applications for bingo centre licences 11
51.(1) In deciding whether to grant an application for a bingo centre 12
licence, the chief executive may also have regard to whether-- 13
(a) the applicant is capable of complying with this Act; and 14
(b) the practices and procedures followed, or proposed to be 15
followed, by the applicant in conducting the bingo centre are 16
adequate to ensure, to the greatest extent reasonably possible-- 17
(i) the integrity of bingo games conducted at the bingo centre; 18
and 19
(ii) the elimination of opportunity for practices that could 20
damage public confidence in bingo games conducted at the 21
bingo centre; and 22
(c) the premises and the facilities provided, or to be provided, at the 23
bingo centre, including facilities for conducting bingo, are suitable 24
and of an appropriate standard for conducting bingo. 25
(2) Subsection (1) does not limit the matters the chief executive may have 26
regard to in deciding whether to grant or refuse the application. 27
3 Section 119 (Entry to places)
s 52 32 s 54
Charitable and Non-Profit Gaming
matters to be considered by chief executive in deciding 1
Other
applications for category 3 gaming licences 2
52.(1) In deciding whether to grant an application for a category 3 3
gaming licence, the chief executive may also have regard to-- 4
(a) whether the applicant is capable of complying with this Act; and 5
(b) whether the applicant is fulfilling or is able to fulfil the objects for 6
which the applicant was formed. 7
(2) Subsection (1) does not limit the matters the chief executive may 8
consider in deciding whether to grant or refuse the application. 9
matters to be considered by chief executive in deciding 10
Other
applications for lucky envelope printer licences 11
53.(1) In deciding whether to grant an application for a lucky envelope 12
printer licence, the chief executive may also have regard to whether-- 13
(a) the applicant is capable of complying with this Act; and 14
(b) the facilities provided, or to be provided, by the applicant are 15
adequate for printing lucky envelopes; and 16
(c) the practices and procedures followed, or proposed to be 17
followed, by the applicant in printing lucky envelopes are 18
adequate to ensure, to the greatest extent reasonably possible-- 19
(i) the integrity of lucky envelopes; and 20
(ii) the elimination of opportunity for practices that could 21
damage public confidence and trust in buying lucky 22
envelopes as a worthwhile way of supporting fundraising 23
activities by persons for charitable and non-profit purposes. 24
(2) Subsection (1) does not limit the matters the chief executive may have 25
regard to in deciding whether to grant or refuse the application. 26
on application 27
Decision
54.(1) Subject to subsection (2), if the chief executive decides to grant an 28
application, the chief executive must immediately issue or renew the licence. 29
(2) The chief executive may issue or renew the licence only if the 30
s 55 33 s 56
Charitable and Non-Profit Gaming
applicant has given the chief executive the licence or renewal fee prescribed 1
under a regulation. 2
(3) If the chief executive decides to refuse to grant the application, the 3
chief executive must immediately give the applicant an information notice 4
about the decision. 5
Division 3--Conditions 6
imposed on issue or renewal of general licence 7
Conditions
55.(1) The chief executive may issue or renew a general licence on 8
conditions the chief executive considers necessary or desirable-- 9
(a) in the public interest; or 10
(b) for the proper conduct, by the licensee, of the activity authorised 11
by the licence. 12
13
Example--
14
The chief executive may ask the applicant to give the chief executive a financial
15
institution guarantee to ensure delivery of prizes for the games proposed to be
16
conducted by the applicant.
(2) If the chief executive decides to impose a condition on the issue or 17
renewal of a general licence, the chief executive must immediately give the 18
applicant an information notice about the decision. 19
conditions of general licence 20
Changing
56.(1) The chief executive may change the conditions of a general licence 21
if the chief executive considers it is necessary or desirable to make the 22
change-- 23
(a) in the public interest; or 24
(b) for the licensee's proper conduct of the activity authorised by the 25
licence. 26
(2) If the chief executive decides to change the conditions, the chief 27
executive must immediately give the licensee-- 28
(a) a replacement licence containing the conditions as changed; and 29
s 57 34 s 58
Charitable and Non-Profit Gaming
(b) an information notice about the decision. 1
(3) The chief executive's power under subsection (1) includes the power 2
to add conditions to an unconditional licence. 3
with general licence conditions 4
Non-compliance
57. A general licensee must comply with the licence conditions. 5
Maximum penalty-- 6
(a) for the first offence--40 penalty units; or 7
(b) for a subsequent offence--100 penalty units. 8
Division 4--Suspension and cancellation 9
for suspension or cancellation of general licence 10
Grounds
58.(1) Each of the following is a ground for suspending or cancelling a 11
general licence-- 12
(a) the general licensee is not a suitable person to hold the licence, or, 13
if the licensee is an unincorporated association, each management 14
member of the association is not a suitable person to hold the 15
licence if the member were the licensee; 16
(b) for a general licence other than a special category 3 gaming 17
licence--a business or executive associate of the general licensee 18
is not a suitable person to be associated with the licensee's 19
operations under the licence; 20
(c) the general licensee is convicted of an offence against this Act or a 21
gaming Act; 22
(d) the general licensee is convicted of an indictable offence; 23
(e) the general licensee fails to comply with a condition of the licence; 24
(f) the general licensee fails to comply with a direction given by the 25
chief executive about the licensee's management practices or 26
conduct of general gaming; 27
(g) the general licensee fails to discharge the licensee's financial 28
s 59 35 s 59
Charitable and Non-Profit Gaming
commitments for the licensee's operations under the licence; 1
(h) the general licensee is affected by bankruptcy action; 2
(i) the general licensee is affected by control action under the 3
Corporations Law; 4
(j) a mortgagee is in possession of premises owned by the general 5
licensee and used for general gaming under the licence. 6
(2) For forming a belief that the ground mentioned in subsection (1)(a) 7
exists, the chief executive may have regard to the same issues to which the 8
chief executive may have regard in deciding whether a proposed licensee is 9
a suitable person to hold the licence. 10
(3) For forming a belief that the ground mentioned in subsection (1)(b) 11
exists, the chief executive may have regard to the same issues to which the 12
chief executive may have regard in deciding whether a business or executive 13
associate of a proposed licensee is a suitable person to be associated with the 14
licensee's proposed operations under the licence. 15
(4) For subsection (1)(h), a licensee is affected by bankruptcy action if 16
the licensee-- 17
(a) is bankrupt; or 18
(b) has compounded with creditors; or 19
(c) has otherwise taken, or applied to take, advantage of any law 20
about bankruptcy. 21
(5) For subsection (1)(i), a licensee is affected by control action under the 22
Corporations Law if the licensee-- 23
(a) has executed a deed of company arrangement under the Law; or 24
(b) is the subject of a winding-up, whether voluntarily or under a 25
court order, under the Law; or 26
(c) is the subject of an appointment of an administrator, liquidator, 27
receiver or receiver and manager under the Law. 28
cause notice 29
Show
59.(1) This section applies if the chief executive believes-- 30
(a) a ground exists to suspend or cancel a general licence; and 31
s 60 36 s 60
Charitable and Non-Profit Gaming
(b) the act, omission or other thing constituting the ground is of a 1
serious and fundamental nature; and 2
(c) either the integrity of general gaming, or the public interest, may 3
be affected in an adverse and material way. 4
(2) The chief executive must give the licensee a notice (a "show cause 5
notice") stating the following-- 6
(a) the action (the "proposed action") the chief executive proposes 7
taking under this division; 8
(b) the grounds for the proposed action; 9
(c) the facts and circumstances forming the basis for the grounds; 10
(d) if the proposed action is suspension of the licence, the proposed 11
suspension period; 12
(e) that the licensee may make, within a stated period (the "show 13
cause period"), written representations to show why the 14
proposed action should not be taken. 15
(3) The show cause period must be not less than 21 days after the show 16
cause notice is given to the licensee. 17
of show cause notice to be given to interested persons 18
Copy
60.(1) The chief executive must immediately give a copy of the show 19
cause notice to each person (an "interested person") the chief executive 20
believes has an interest in the licence if the chief executive considers-- 21
(a) the person's interest may be affected adversely by the suspension 22
or cancellation of the licence; and 23
(b) it is otherwise appropriate in the circumstances to give the copy to 24
the person. 25
(2) In considering whether it is appropriate to give the copy to an 26
interested person, the issues to which the chief executive may have regard 27
include the following-- 28
(a) the nature of the interested person's interest; 29
(b) whether the licensee's interest may be improperly prejudiced. 30
(3) An interested person to whom the copy is given may make written 31
s 61 37 s 63
Charitable and Non-Profit Gaming
representations about the notice to the chief executive in the show cause 1
period. 2
of representations 3
Consideration
61. The chief executive must consider all written representations (the 4
"accepted representations") made during the show cause period by-- 5
(a) the licensee; or 6
(b) an interested person to whom a copy of the show cause notice is 7
given. 8
suspension 9
Immediate
62.(1) The chief executive may suspend a general licence immediately if 10
the chief executive reasonably believes-- 11
(a) a ground exists to suspend or cancel the licence; and 12
(b) the circumstances are so extraordinary that it is imperative to 13
suspend the licence immediately to ensure the integrity of general 14
gaming, or the public interest, is not affected in an adverse and 15
material way. 16
(2) The suspension-- 17
(a) must be effected by notice (a "suspension notice") given to the 18
licensee with a show cause notice; and 19
(b) operates immediately the suspension notice is given; and 20
(c) continues to operate until the show cause notice is finally dealt 21
with. 22
general licensee 23
Censuring
63.(1) This section applies if the chief executive-- 24
(a) believes a ground exists to suspend or cancel a general licence; but 25
(b) does not believe the giving of a show cause notice to the licensee 26
is warranted. 27
(2) This section also applies if, after considering the accepted 28
s 64 38 s 65
Charitable and Non-Profit Gaming
representations for a show cause notice, the chief executive-- 1
(a) still believes a ground exists to suspend or cancel a licence; but 2
(b) does not believe suspension or cancellation of the licence is 3
warranted. 4
(3) The chief executive may, by notice given to the general licensee, 5
censure the licensee for a matter relating to the ground for suspension or 6
cancellation. 7
to rectify 8
Direction
64.(1) This section applies if, after considering the accepted 9
representations for a show cause notice, the chief executive-- 10
(a) still believes a ground exists to suspend or cancel a general 11
licence; but 12
(b) considers a matter relating to the ground for suspension or 13
cancellation is capable of being rectified and it is appropriate to 14
give the licensee an opportunity to rectify the matter. 15
(2) The chief executive may, by notice given to the licensee, direct the 16
licensee to rectify the matter within the period stated in the notice. 17
(3) The period stated must be reasonable, having regard to the nature of 18
the matter to be rectified. 19
action by chief executive 20
Other
65.(1) This section applies if, after considering the accepted 21
representations for a show cause notice, the chief executive still believes-- 22
(a) a ground exists to suspend or cancel a general licence; and 23
(b) the act, omission or other thing constituting the ground is of a 24
serious and fundamental nature; and 25
(c) either the integrity of general gaming, or the public interest, may 26
be affected in an adverse and material way. 27
(2) This section also applies if a general licensee fails to comply with a 28
direction to rectify a matter within the period stated in the relevant notice. 29
s 66 39 s 66
Charitable and Non-Profit Gaming
(3) The chief executive may-- 1
(a) if the proposed action stated in the show cause notice was to 2
suspend the licence for a stated period, suspend the licence for not 3
longer than the stated period; or 4
(b) if the proposed action stated in the show cause notice was to 5
cancel the licence-- 6
(i) suspend the licence for a period; or 7
(ii) cancel the licence; or 8
(iii) appoint an administrator to conduct the licensee's operations 9
under the licence. 10
(4) The chief executive must immediately give the licensee an 11
information notice about the decision. 12
(5) The decision takes effect on the later of the following-- 13
(a) the day the notice is given to the licensee; 14
(b) the day of effect stated in the notice. 15
of appointment and role of administrator 16
Terms
66.(1) This section applies to an administrator appointed by the chief 17
executive under section 65(3)(b)(iii) to conduct operations under a general 18
licence. 19
(2) The administrator holds office on terms decided by the chief 20
executive. 21
(3) The administrator-- 22
(a) has full control of, and responsibility for, the licensee's operations 23
conducted under the licence; and 24
(b) subject to any directions of the chief executive, must conduct the 25
operations under this Act as if the administrator were the licensee. 26
(4) The costs of and incidental to the administrator's conduct and 27
administration of the licensee's operations under the licence are payable by 28
the licensee. 29
s 67 40 s 69
Charitable and Non-Profit Gaming
or reduction of period of suspension 1
Cancellation
67.(1) If a general licence is suspended, at any time the suspension is in 2
force, the chief executive may, for any remaining period of the 3
suspension-- 4
(a) cancel the period; or 5
(b) reduce the period by a stated period. 6
(2) The chief executive must immediately give notice of the decision to 7
the licensee. 8
Division 5--Investigations of licensees and associates 9
program 10
Audit
68.(1) The Minister may approve an audit program (an "approved audit 11
program") for investigating general licensees or business or executive 12
associates of general licensees. 13
(2) The chief executive is responsible for ensuring an investigation of a 14
person under an approved audit program is conducted in accordance with 15
the program. 16
(3) A person may be investigated under an approved audit program only 17
once every year. 18
19
Investigations
69.(1) The chief executive may investigate a general licensee to decide 20
whether the licensee is a suitable person to hold the general licence or, if the 21
licensee is an unincorporated association, each management member of the 22
association is a suitable person to hold the licence if the member were the 23
licensee. 24
(2) The chief executive may investigate a business or executive associate 25
of the licensee to decide whether the associate is a suitable person to be 26
associated with the licensee's operations under the licence. 27
(3) However, the chief executive may investigate the licensee or 28
management member only if-- 29
s 70 41 s 70
Charitable and Non-Profit Gaming
(a) the chief executive reasonably suspects the licensee or 1
management member is not a suitable person to hold the licence; 2
or 3
(b) the investigation is made under an approved audit program. 4
(4) Also, the chief executive may investigate a business or executive 5
associate of the licensee only if-- 6
(a) the chief executive reasonably suspects the associate is not a 7
suitable person to be associated with the licensee's operations 8
under the licence; or 9
(b) the investigation is made under an approved audit program; or 10
(c) the associate-- 11
(i) became a business or executive associate of the licensee after 12
the licence was issued; and 13
(ii) has not been investigated previously under an approved audit 14
program. 15
to give information or material for investigation 16
Requirement
70.(1) In investigating a general licensee or business or executive 17
associate of a general licensee, the chief executive may, by notice given to 18
the person being investigated, require the person to give the chief executive 19
information or material that is relevant to the investigation. 20
(2) When making the requirement, the chief executive must warn the 21
person it is an offence to fail to comply with the requirement, unless the 22
person has a reasonable excuse for not complying with it. 23
(3) The person must comply with the requirement, unless the person has 24
a reasonable excuse for not complying with it. 25
Maximum penalty--200 penalty units. 26
(4) It is a reasonable excuse for the person not to comply with the 27
requirement if complying with it might tend to incriminate the person. 28
s 71 42 s 73
Charitable and Non-Profit Gaming
about person's criminal history 1
Reports
71.(1) If the chief executive, in making an investigation about a person 2
under section 69, asks the commissioner of the police service for a written 3
report about the person's criminal history, the commissioner must give the 4
report to the chief executive. 5
(2) The report must contain-- 6
(a) relevant information in the commissioner's possession; and 7
(b) relevant information the commissioner can reasonably obtain by 8
asking officials administering police services in other Australian 9
jurisdictions; and 10
(c) other relevant information to which the commissioner has access. 11
PART 5--COMPLIANCE REQUIREMENTS 12
Division 1--Rules 13
gaming rules 14
General
72.(1) The Minister may make rules about general gaming. 15
(2) The rules are subordinate legislation. 16
with rules 17
Compliance
73. Each of the following persons must comply with the rules in 18
conducting or participating in a game-- 19
(a) the person, including an administrator, conducting the game; 20
(b) a player. 21
Maximum penalty--40 penalty units. 22
s 74 43 s 77
Charitable and Non-Profit Gaming
2--General gaming records 1
Division
general gaming records--eligible associations 2
Keeping
74.(1) A person conducting a category 2 or 3 game must keep records 3
("general gaming records") about conduct of the game. 4
Maximum penalty--20 penalty units. 5
(2) The person must keep the records at the person's principal place of 6
business in Queensland, or if the person is incorporated and has its 7
registered office in Queensland, at its registered office. 8
Maximum penalty--40 penalty units. 9
general gaming records--bingo centre licensees 10
Keeping
75.(1) The holder of a bingo centre licence must keep records (also 11
"general gaming records") about the conduct of each bingo game 12
conducted at the centre. 13
(2) The holder must keep the records in a safe place. 14
Maximum penalty--20 penalty units. 15
general gaming records--lucky envelope printers 16
Keeping
76.(1) The holder of a lucky envelope printer licence must, for each game 17
of lucky envelopes printed under the licence, keep records (also "general 18
gaming records") about the conduct of the activity authorised by the 19
licence. 20
(2) The holder must keep the records in a safe place. 21
Maximum penalty--20 penalty units. 22
gaming records to be kept for required period 23
General
77.(1) A person required to keep a general gaming record must keep the 24
record for the period approved by the chief executive. 25
Maximum penalty--40 penalty units. 26
s 78 44 s 79
Charitable and Non-Profit Gaming
(2) The period approved by the chief executive must be not more than 1
5 years after the end of the game to which the record relates. 2
(3) Subsection (1) does not apply to a record if-- 3
(a) the information previously contained in it is kept in another way 4
approved by the chief executive; or 5
(b) it has been destroyed with the chief executive's approval. 6
(4) Subsection (1) has effect subject to any other law about the retention 7
or destruction of the record. 8
3--Financial accounts and records 9
Division
accounting records 10
Keeping
78.(1) A person conducting a category 2 or 3 game must-- 11
(a) keep accounting records correctly recording and explaining the 12
financial transactions for the game; and 13
(b) keep the accounting records in a way that allows-- 14
(i) true and fair financial statements and accounts to be prepared 15
when necessary; and 16
(ii) the financial statements and accounts to be conveniently and 17
properly audited. 18
Maximum penalty--100 penalty units. 19
(2) A person conducting a category 1 game must keep accounting 20
records correctly recording and explaining the transactions for the game. 21
Maximum penalty--20 penalty units. 22
financial statements and accounts 23
Preparing
79.(1) This section applies to the holder of a category 3 gaming licence. 24
(2) The holder must prepare financial statements and accounts as required 25
by this section giving a true and fair view of the holder's financial 26
operations for the game. 27
s 80 45 s 81
Charitable and Non-Profit Gaming
Maximum penalty--40 penalty units. 1
(3) The financial statements and accounts must include the following for 2
each financial year the holder conducts the game-- 3
(a) trading accounts, if applicable; 4
(b) profit and loss accounts; 5
(c) a balance sheet as at the end of the financial year; 6
(d) other information prescribed under a regulation. 7
Division 4--Financial institution accounts 8
accounts 9
Keeping
80. A person conducting a category 3 game must keep a financial 10
institution account for use for banking or similar transactions for the 11
person's general gaming operations. 12
Maximum penalty--40 penalty units. 13
Division 5--Reports and returns 14
reports for category 3 games 15
Submitting
81.(1) A person conducting a category 3 game must give a written report 16
to the chief executive as required by this section about the person's general 17
gaming operations. 18
Maximum penalty--40 penalty units. 19
(2) The report must be given at the reasonable times stated in a notice 20
given to the person by the chief executive. 21
(3) After receiving a report under this section, the chief executive may, by 22
a further notice given to the person, require the person to give the chief 23
executive a further report within the reasonable time stated in the further 24
notice to explain a matter contained in a previous report. 25
(4) The person must not give the chief executive a report the person 26
knows is false or misleading in a material particular. 27
s 82 46 s 84
Charitable and Non-Profit Gaming
Maximum penalty--40 penalty units. 1
(5) It is enough for a complaint against a person for an offence against 2
subsection (4) to state that the report was `false or misleading' to the 3
person's knowledge, without specifying which. 4
returns for category 3 games 5
Submitting
82.(1) A person conducting a category 3 game must give the chief 6
executive the return, as required by this section, about each draw in the 7
game. 8
Maximum penalty--40 penalty units. 9
(2) The person must give the return, in the approved form-- 10
(a) if the game is conducted under a special category 3 gaming 11
licence--within 2 months after the last draw in the game; or 12
(b) otherwise--within the time, after the last draw, required by the 13
chief executive by notice given to the person. 14
returns for other games 15
Submitting
83.(1) This section applies if the chief executive, by notice given to a 16
person conducting a category 1, 2 or 4 game, asks the person to give the 17
chief executive a return about the game or, for bingo, the bingo session. 18
(2) The person must give the return, in the approved form, within the 19
time stated in the notice. 20
Maximum penalty--40 penalty units. 21
returns--bingo centres and lucky envelope printers 22
Submitting
84.(1) The holder of a bingo centre, or lucky envelope printer, licence 23
must give a return about the activity authorised under the licence to the chief 24
executive as required by this section. 25
Maximum penalty--40 penalty units. 26
(2) The holder must give the return, in the approved form, within 27
1 month after each 30 June and 31 December during the term of the licence. 28
s 85 47 s 86
Charitable and Non-Profit Gaming
6--Audit 1
Division
for div 6 2
Definition
85. In this division-- 3
"accountant" means-- 4
(a) a member of the Institute of Chartered Accountants in Australia 5
who holds a current certificate of public practice issued by the 6
institute; or 7
(b) a member of the Australian Society of Certified Practising 8
Accountants who holds a current public practice certificate issued 9
by the society; or 10
(c) a person registered as an auditor under the Corporations Law; or 11
(d) a member of the National Institute of Accountants who-- 12
(i) holds a current public practice certificate issued by the 13
institute; and 14
(ii) has satisfactorily completed an auditing component of a 15
course of study in accountancy at a tertiary level conducted 16
by an institution prescribed under the Corporations Law, 17
section 1280(2);4 or 18
(e) a person approved by the chief executive as having the necessary 19
experience or qualifications to be an accountant for this section. 20
for category 1 or 4 gaming operations 21
Audit
86.(1) This section applies if-- 22
(a) a person is conducting category 1 or 4 gaming; and 23
(b) the chief executive considers it necessary in the public interest, or 24
for the proper conduct of general gaming, that the person's 25
financial accounts, records and statements for the person's 26
category 1 or 4 gaming operations be audited. 27
(2) The chief executive may, by notice given to the person, require the 28
4 Corporations Law, section 1280 (Registration of auditors)
s 87 48 s 89
Charitable and Non-Profit Gaming
person, as soon as practicable after the end of the financial year nominated 1
in the notice, to ensure the accounts, records and statements are audited by 2
an accountant. 3
(3) The person must comply with the notice unless the person has a 4
reasonable excuse for not complying with it. 5
Maximum penalty--40 penalty units. 6
(4) The person must pay the cost of the audit. 7
for category 2 or 3 gaming operations 8
Audit
87.(1) This section applies to a person conducting-- 9
(a) a category 2 game if the gross proceeds of the game are more 10
than the amount prescribed under a regulation; or 11
(b) a category 3 game. 12
(2) The person must, as soon as practicable after the end of each financial 13
year in which the person conducts the game, ensure the person's financial 14
accounts, records and statements for the person's general gaming operations 15
for the game are audited by an accountant. 16
Maximum penalty--40 penalty units. 17
(3) The person must pay the cost of the audit. 18
centre licensees 19
Audit--bingo
88.(1) The holder of a bingo centre licence must, as soon as practicable 20
after the end of each financial year, ensure the holder's financial accounts, 21
records and statements for the holder's operations under the licence are 22
audited by an accountant. 23
Maximum penalty--40 penalty units. 24
(2) The holder must pay the cost of the audit. 25
envelope printers 26
Audit--lucky
89.(1) The holder of a lucky envelope printer licence must ensure the 27
financial accounts, records and statements for the holder's operations under 28
s 90 49 s 92
Charitable and Non-Profit Gaming
the licence are audited-- 1
(a) by an accountant; and 2
(b) as soon as practicable after the end of each financial year. 3
Maximum penalty--40 penalty units. 4
(2) The holder must pay the cost of the audit. 5
audit 6
Finishing
90.(1) An accountant conducting an audit under this division must, 7
despite any other Act, finish the audit within 3 months after the end of the 8
financial year to which the audit relates, unless the accountant has a 9
reasonable excuse for not finishing the audit within the 3 months. 10
(2) The accountant must, immediately after finishing the audit, give a 11
copy of the audit report to-- 12
(a) the person conducting the general gaming to which the report 13
relates; or 14
(b) for an audit conducted under section 88 or 89--the holder of the 15
licence. 16
Maximum penalty--40 penalty units. 17
audit report to chief executive 18
Giving
91. The person given an audit report under section 90(2) must 19
immediately give the chief executive a copy of the report, unless the person 20
has a reasonable excuse for not giving the copy to the chief executive. 21
Maximum penalty--40 penalty units. 22
executive's power to ask auditor for copy of audit report 23
Chief
92.(1) This section applies if the person fails to give the chief executive a 24
copy of an audit report under section 91. 25
(2) The chief executive may, by notice given to the accountant who 26
prepared the report, ask the accountant to give a copy of the report to the 27
chief executive within the period stated in the notice. 28
s 93 50 s 94
Charitable and Non-Profit Gaming
(3) The accountant must comply with the notice, unless the accountant 1
has a reasonable excuse for not complying with it. 2
Maximum penalty--40 penalty units. 3
information following audit 4
Further
93.(1) On receiving a copy of an audit report, the chief executive may, by 5
notice given to the person to which the audit relates, require the person to 6
give the chief executive, within a reasonable time stated in the notice, further 7
information about a matter relating to the operations mentioned in the report. 8
(2) The person must comply with the requirement within the time stated 9
in the notice, unless the person has a reasonable excuse for not complying 10
with it in the stated time. 11
Maximum penalty--40 penalty units. 12
from audit requirement 13
Exemption
94.(1) A person may, because of the extent of the person's general 14
gaming operations, ask the chief executive to declare the person to be an 15
exempt person for this division. 16
(2) The application must be written and must state the extent of the 17
operations. 18
(3) The chief executive may make the declaration only if the chief 19
executive considers the extent of the person's general gaming operations 20
does not warrant an audit of any of the person's records about the 21
operations. 22
23
Examples--
24
1. The person's gaming operations had no gross proceeds.
25
2. The game conducted by the person did not proceed to a draw and all the gross
26
proceeds were refunded to the players.
(4) The declaration must be made by notice given to the person. 27
s 95 51 s 96
Charitable and Non-Profit Gaming
7--Prizes 1
Division
with prizes 2
Dealing
95.(1) A person conducting a game must ensure the prize for the game is 3
given to the winner in the way prescribed under a rule, unless the person has 4
a reasonable excuse for not doing so. 5
Maximum penalty--200 penalty units. 6
(2) Until the prize is given to the winner, the person must-- 7
(a) keep it for the winner for the period prescribed under a rule; and 8
(b) identify the prize as an unclaimed prize in the person's financial 9
accounts. 10
(3) Despite subsection (2), if a prize is perishable, the person may 11
dispose of the prize in a way the person considers will bring a reasonable 12
price and identify the proceeds, in the person's financial accounts, as the 13
proceeds of an unclaimed prize. 14
(4) If the person is unable, after making reasonable efforts, to locate the 15
prize winner in the period mentioned in subsection (2)(a), the person may 16
deal with the prize in the way prescribed under a rule. 17
(5) Subsection (6) applies if a person conducting a category 2, 3 or 4 18
game is unable to give a prize for the game to the prize winner in the time 19
prescribed under a rule. 20
(6) The person must, within 7 days after becoming aware of the inability, 21
give the chief executive notice of the fact and circumstances of the inability, 22
unless the person has a reasonable excuse for not doing so. 23
Maximum penalty--40 penalty units. 24
for prizes 25
Claims
96.(1) This section applies if the entitlement to a prize for a game is in 26
dispute. 27
(2) A claim for the prize must be made to the person that conducted the 28
game within the period prescribed under a rule. 29
(3) The person must-- 30
s 97 52 s 97
Charitable and Non-Profit Gaming
(a) immediately try to resolve the claim; and 1
(b) if the person is not able to resolve it--by notice (a "claim result 2
notice") given to the claimant, immediately inform the 3
claimant-- 4
(i) of the person's decision on the claim; and 5
(ii) that the claimant may, within 10 days after receiving the 6
notice, ask the chief executive to review the decision. 7
(4) The claimant may ask the chief executive-- 8
(a) if the claim is not resolved under subsection (3)--to review the 9
person's decision on the claim; or 10
(b) otherwise--to resolve the claim. 11
(5) The claimant's request must be in writing and, if the claimant 12
received a claim result notice, be made within 10 days after receiving the 13
notice. 14
(6) If a request is made to the chief executive, the chief executive-- 15
(a) must deal with the request in the way prescribed under a 16
regulation; and 17
(b) may carry out investigations the chief executive considers 18
necessary to resolve matters in dispute. 19
(7) If a claim for a prize is made under this section, the operation of a rule 20
about keeping or disposing of the prize is suspended until the claim is 21
resolved. 22
8--Tickets 23
Division
24
Tickets
97. A person must not issue a ticket for a game unless the ticket includes 25
the information prescribed under a rule. 26
Maximum penalty--40 penalty units. 27
s 98 53 s 100
Charitable and Non-Profit Gaming
9--Approval of regulated general gaming equipment 1
Division
for approval of regulated general gaming equipment 2
Application
98. A person may, in the approved form, apply to the chief executive 3
for-- 4
(a) approval of regulated general gaming equipment proposed to be 5
used by the person in conducting a game; or 6
(b) approval to modify regulated general gaming equipment used by 7
the person in conducting a game. 8
equipment 9
Evaluating
99.(1) Before deciding the application, the chief executive must evaluate 10
the equipment if the chief executive considers it is necessary for it to be 11
evaluated before deciding the application. 12
(2) If the chief executive evaluates the equipment under subsection (1), 13
the applicant must pay to the chief executive the evaluation fee prescribed 14
under a regulation. 15
application 16
Deciding
100.(1) After considering the application and carrying out any evaluation 17
under section 99, the chief executive must approve, or refuse to approve, the 18
equipment or modification. 19
(2) The chief executive may approve the equipment or modification only 20
if the chief executive is satisfied-- 21
(a) the equipment is, or after the proposed modification, will be, of a 22
standard that ensures, to the greatest extent reasonably possible-- 23
(i) the integrity of the game for which it is, or is proposed to be, 24
used; and 25
(ii) the elimination of opportunity for practices that could 26
damage public confidence and trust in participating in games 27
as a worthwhile way of supporting fundraising activities by 28
persons for charitable and non-profit purposes; and 29
s 101 54 s 102
Charitable and Non-Profit Gaming
(b) for approval for a lucky envelope vending machine or a lucky 1
envelope vending machine after a proposed modification-- 2
(i) its make and model incorporate the features prescribed under 3
a regulation to ensure the machine's integrity; and 4
(ii) it is not capable of accruing playing credits; and 5
(iii) it does not resemble, or is not capable of being converted to, 6
a gaming machine under the Gaming Machine Act 1991. 7
(3) The chief executive may refuse to approve the equipment or 8
modification if the chief executive has carried out an evaluation of it under 9
section 99 and the applicant does not pay the evaluation fee prescribed under 10
a regulation. 11
Division 10--Advertising 12
13
Advertising
101. A person advertising the conduct of a game must take reasonable 14
steps to ensure the advertisement-- 15
(a) is not indecent or offensive; and 16
(b) is based on fact; and 17
(c) is not false, deceptive or misleading in a material particular; and 18
(d) complies with the rules for the game. 19
about advertising 20
Directions
102.(1) If the chief executive reasonably believes a person has published 21
an advertisement for a game that does not comply with section 101, the 22
chief executive may direct the person to take appropriate steps to-- 23
(a) stop the advertisement being shown or published; or 24
(b) change the advertisement. 25
(2) The direction must-- 26
(a) be written; and 27
s 103 55 s 103
Charitable and Non-Profit Gaming
(b) state the grounds for the direction; and 1
(c) if the direction is a direction to change the advertisement--state 2
how the advertisement is required to be changed. 3
(3) The person must comply with the direction, unless the person has a 4
reasonable excuse for not complying with it. 5
Maximum penalty for subsection (3)--50 penalty units. 6
11--Complaints 7
Division
about complaints 8
Inquiries
103.(1) A person must inquire into-- 9
(a) all written complaints made to the person about-- 10
(i) the conduct of the person's general gaming operations under 11
a general licence; or 12
(ii) if the person is not a general licensee--the person's conduct 13
of a game; or 14
(b) all complaints referred to the person by the chief executive under 15
subsection (3). 16
(2) Within 21 days after a complaint is received by, or referred to, the 17
person, the person must give notice of the result of the person's inquiry 18
to-- 19
(a) the complainant; and 20
(b) if the complaint was referred to the person by the chief 21
executive--the chief executive. 22
(3) If a complaint is made to the chief executive about the conduct of a 23
game, the chief executive must immediately-- 24
(a) inquire into the complaint; or 25
(b) if the chief executive considers it appropriate--refer the complaint 26
to the person who conducted the game. 27
(4) The chief executive must immediately advise the complainant of-- 28
s 104 56 s 104
Charitable and Non-Profit Gaming
(a) the result of the chief executive's inquiry; or 1
(b) the chief executive's decision to refer the complaint to the person. 2
improper behaviour 3
Reporting
104.(1) This section applies if a person (the "informer") becomes aware, 4
or reasonably suspects, that another person, by a dishonest act, has obtained 5
a benefit for the other person or someone else in relation to a game 6
conducted by the informer. 7
(2) Within 7 days after becoming aware of, or suspecting, the dishonest 8
act, the informer must give the chief executive a notice advising the chief 9
executive of the facts known to the informer about the matter. 10
Maximum penalty--200 penalty units. 11
(3) The other person must not mistreat the informer because-- 12
(a) the informer has given, or may give, a notice under 13
subsection (2); or 14
(b) the other person reasonably believes the informer has given, or 15
may give, a notice under subsection (2). 16
Maximum penalty--200 penalty units. 17
(4) In this section-- 18
"dishonest act" means fraud, misrepresentation or theft. 19
"mistreat" a person means-- 20
(a) end the person's employment or prejudice the person's career in 21
another way; or 22
(b) prejudice the person's safety; or 23
(c) intimidate or harass the person. 24
s 105 57 s 106
Charitable and Non-Profit Gaming
12--General gaming offences 1
Division
2
Bribery
105.(1) A general gaming official must not ask for, receive or obtain, or 3
agree to receive or obtain a benefit for the official or another person for an 4
improper purpose. 5
Maximum penalty--200 penalty units or 2 years imprisonment. 6
(2) A person must not give, confer or obtain, or promise or offer to give, 7
confer or obtain a benefit to, on or for a general gaming official, or another 8
person on account of a general gaming official, for an improper purpose. 9
Maximum penalty--200 penalty units or 2 years imprisonment. 10
(3) A general gaming official or other person does an act mentioned in 11
subsection (1) or (2) for an improper purpose if the official or other person 12
does the act on account of-- 13
(a) the official not performing, or being influenced in performing, the 14
official's functions under this Act; or 15
(b) anything already done or omitted to be done, or to be afterwards 16
done or omitted to be done, by the official in performing the 17
official's functions under this Act; or 18
(c) the official using, or taking advantage of, the official's office 19
improperly to gain a benefit for, or facilitate the commission of an 20
offence by-- 21
(i) if the act is done by the official--another person; or 22
(ii) if the act is done by another person--that person or another 23
person. 24
25
Cheating
106.(1) A person must not, in conducting or playing a game, dishonestly 26
obtain a benefit. 27
Maximum penalty--200 penalty units or 2 years imprisonment. 28
(2) For subsection (1), a person obtains a benefit if the person obtains for 29
s 107 58 s 108
Charitable and Non-Profit Gaming
the person or another person, or induces a person to deliver, give or credit a 1
benefit to the person or another person. 2
credit 3
Extending
107. A person conducting a game must not make a loan or extend credit 4
in any form to a person to enable the person or another person to play the 5
game. 6
Maximum penalty--200 penalty units. 7
and uttering 8
Forgery
108.(1) A person must not-- 9
(a) forge an official general gaming document; or 10
(b) knowingly utter a forged official general gaming document. 11
Maximum penalty--200 penalty units or 2 years imprisonment. 12
(2) A person must not connive at the commission of an offence against 13
subsection (1). 14
Maximum penalty--200 penalty units or 2 years imprisonment. 15
(3) A person forges a document if the person makes a false document, 16
knowing it to be false, with the intention that-- 17
(a) it may be used or acted on to the detriment or benefit of a person; 18
or 19
(b) a person may, in the belief it is genuine, be induced to do, or 20
refrain from doing, something. 21
(4) Without limiting subsection (3), a genuine document may become a 22
false document because of-- 23
(a) an alteration of the document in a material respect; or 24
(b) an addition to the body of the document in a material respect; or 25
(c) an addition of a false date, signature, attestation, seal or other 26
material matter. 27
(5) A person knowingly utters a forged document if the person utters the 28
document knowing that it is a forged document with the intention that-- 29
s 109 59 s 110
Charitable and Non-Profit Gaming
(a) it may be used or acted on to the detriment or benefit of a person; 1
or 2
(b) a person may, in the belief it is genuine, be induced to do, or 3
refrain from doing, something. 4
(6) In this section-- 5
"official general gaming document" means-- 6
(a) a ticket for a game; or 7
(b) a general licence; or 8
(c) an inspector's identity card. 9
"utter", a document, means-- 10
(a) use or deal with the document; or 11
(b) attempt to use or deal with the document; or 12
(c) induce a person to use, deal with or act on the document; or 13
(d) attempt to induce a person to use, deal with or act on the 14
document. 15
representatives of persons 16
Impersonating
109.(1) A person must not pretend to be-- 17
(a) a representative of a person conducting general gaming; or 18
(b) a general gaming official. 19
(2) A person must not connive at the commission of an offence against 20
subsection (1). 21
Maximum penalty--200 penalty units. 22
by minors 23
Participation
110.(1) A person involved in the conduct of a game must not accept an 24
entry form, or an amount or other consideration for a ticket, for the game 25
from a minor if a prize for the game includes liquor. 26
Maximum penalty--200 penalty units. 27
s 111 60 s 112
Charitable and Non-Profit Gaming
(2) It is a defence to a charge against subsection (1) to prove that the 1
defendant had no reason to believe, and did not believe, that the person from 2
whom the entry form, amount or other consideration was accepted was a 3
minor. 4
(3) In this section-- 5
"liquor" means-- 6
(a) a spiritous or fermented fluid of an intoxicating nature intended 7
for human consumption; or 8
(b) any other substance intended for human consumption in which 9
the level of ethyl alcohol (ethanol) is more than 5 mL/L (0.5%) 10
at 20°C; 11
but does not include a fluid that would otherwise be liquor, if it is used 12
merely as a preservative or medium in which fruit is offered for sale to 13
the public in sealed containers and with the contents visible. 14
PART 6--INVESTIGATION AND ENFORCEMENT 15
Division 1--Inspectors 16
17
Appointment
111. The chief executive may appoint as inspectors-- 18
(a) public service officers or employees; or 19
(b) other persons prescribed under a regulation. 20
for appointment 21
Qualifications
112.(1) The chief executive may appoint a person as an inspector only 22
if-- 23
(a) in the chief executive's opinion, the person has the necessary 24
expertise or experience to be an inspector; or 25
s 113 61 s 114
Charitable and Non-Profit Gaming
(b) the person has satisfactorily finished training approved by the 1
chief executive. 2
(2) Also, the chief executive may appoint a person as an inspector only if 3
the person is a suitable person to perform the duties of an inspector. 4
(3) Subsections (1) and (2) do not limit the issues the chief executive 5
may consider when deciding whether to appoint a person as an inspector. 6
may approve program to audit suitability of inspectors 7
Minister
113.(1) The Minister may approve a program under which the chief 8
executive may reconsider the suitability of an inspector to perform the duties 9
of an inspector. 10
(2) The suitability of an inspector to perform the duties of an inspector 11
may be reconsidered under the audit program only once every 2 years. 12
executive must consider suitability of proposed inspectors and 13
Chief
inspectors 14
114.(1) This section applies if the chief executive-- 15
(a) intends to appoint a person as an inspector; or 16
(b) decides, under the audit program, to reconsider the suitability of 17
an inspector to perform the duties of an inspector. 18
(2) In considering the suitability of the person to perform the duties of an 19
inspector, the chief executive must have regard to, and may make inquiries 20
about, the person's character and standing, financial position and business 21
and training experience. 22
23
Example--
24
The chief executive's inquiries about an individual's character and standing may
25
include asking the commissioner of the police service for a written report about the
26
person's criminal history.
(3) If asked by the chief executive, the commissioner of the police service 27
must give the chief executive a written report about the person's criminal 28
history. 29
(4) Subsection (3) applies to the criminal history in the commissioner's 30
possession or to which the commissioner has access. 31
s 115 62 s 117
Charitable and Non-Profit Gaming
(5) Subsections (2) and (3) do not limit the issues to which the chief 1
executive may have regard in considering the suitability of a person to 2
perform the duties of an inspector. 3
of inspector's powers 4
Limitation
115.(1) For this Act, an inspector has the powers given under this Act. 5
(2) An inspector is subject to the directions of the chief executive in 6
exercising the powers. 7
(3) An inspector's powers may be limited-- 8
(a) under a regulation; or 9
(b) by notice given by the chief executive to the inspector. 10
appointment conditions 11
Inspector's
116.(1) An inspector holds office on the conditions stated in the 12
instrument of appointment. 13
(2) An inspector-- 14
(a) if the appointment provides for a term of appointment--ceases 15
holding office at the end of the term; and 16
(b) if the conditions of appointment provide--ceases holding office 17
on ceasing to hold another office stated in the appointment 18
conditions; and 19
(c) may resign by signed notice given to the chief executive. 20
identity cards 21
Inspector's
117.(1) The chief executive must give each inspector an identity card. 22
(2) The identity card must-- 23
(a) contain a recent photograph of the inspector; and 24
(b) be signed by the inspector; and 25
(c) identify the person as an inspector; and 26
(d) state an expiry date. 27
s 118 63 s 119
Charitable and Non-Profit Gaming
(3) A person who ceases to be an inspector must return the identity card 1
to the chief executive as soon as practicable, but within 21 days, after the 2
person ceases to be an inspector, unless the person has a reasonable excuse 3
for not returning it in the 21 days. 4
Maximum penalty--40 penalty units. 5
(4) This section does not prevent the giving of a single identity card to a 6
person for this Act and other gaming Acts. 7
or display of inspector's identity card 8
Production
118.(1) An inspector may exercise a power in relation to a person only if 9
the inspector-- 10
(a) first produces the inspector's identity card for the person's 11
inspection; or 12
(b) has the inspector's identity card displayed so it is clearly visible to 13
the person. 14
(2) However, if for any reason it is not practicable to comply with 15
subsection (1) before exercising the power, the inspector must produce the 16
identity card as soon as it is practicable. 17
2--Powers of inspectors 18
Division
Subdivision 1--Power to enter places 19
to places 20
Entry
119.(1) An inspector may enter a place if-- 21
(a) its occupier consents to the entry; or 22
(b) it is a public place and the entry is made when it is open to the 23
public; or 24
(c) the entry is authorised by a warrant; or 25
(d) it is a general gaming place and is-- 26
(i) open for conducting games, or parts of games; or 27
s 120 64 s 120
Charitable and Non-Profit Gaming
(ii) otherwise open for entry; or 1
(iii) required to be open for inspection under a general licence. 2
(2) For the purpose of asking the occupier of a place for consent to enter, 3
an inspector may, without the occupier's consent or a warrant-- 4
(a) enter land around premises at the place to an extent that is 5
reasonable to contact the occupier; or 6
(b) enter part of the place the inspector reasonably considers 7
members of the public ordinarily are allowed to enter when they 8
wish to contact the occupier. 9
(3) For subsection (1)(d), a general gaming place does not include a part 10
of the place where a person resides. 11
2--Procedure for entry 12
Subdivision
with consent 13
Entry
120.(1) This section applies if an inspector intends to ask an occupier of a 14
place to consent to the inspector or another inspector entering the place 15
under section 119(1)(a). 16
(2) Before asking for the consent, the inspector must tell the occupier-- 17
(a) the purpose of the entry; and 18
(b) that the occupier is not required to consent. 19
(3) If the consent is given, the inspector may ask the occupier to sign an 20
acknowledgment of the consent. 21
(4) The acknowledgment must state-- 22
(a) the occupier has been told-- 23
(i) the purpose of the entry; and 24
(ii) that the occupier is not required to consent; and 25
(b) the purpose of the entry; and 26
(c) the occupier gives the inspector consent to enter the place and 27
exercise powers under this part; and 28
s 121 65 s 122
Charitable and Non-Profit Gaming
(d) the time and date the consent was given. 1
(5) If the occupier signs the acknowledgment, the inspector must 2
immediately give a copy to the occupier. 3
(6) A court must find the occupier of a place did not consent to an 4
inspector entering the place under this part if-- 5
(a) an issue arises in a proceeding before the court whether the 6
occupier of the place consented to the entry under 7
section 119(1)(a); and 8
(b) an acknowledgment mentioned in subsection (4) is not produced 9
in evidence for the entry; and 10
(c) it is not proved by the person relying on the lawfulness of the 11
entry that the occupier consented to the entry. 12
for warrant 13
Application
121.(1) An inspector may apply to a justice for a warrant for a place. 14
(2) The application must be sworn and state the grounds on which the 15
warrant is sought. 16
(3) The justice may refuse to consider the application until the inspector 17
gives the justice all the information the justice requires about the application 18
in the way the justice requires. 19
20
Example--
21
The justice may require additional information supporting the application to be
22
given by statutory declaration.
of warrant 23
Issue
122.(1) The justice may issue a warrant only if the justice is satisfied 24
there are reasonable grounds for suspecting-- 25
(a) there is a particular thing or activity (the "evidence") that may 26
provide evidence of an offence against this Act; and 27
(b) the evidence is at the place, or, within the next 7 days, may be at 28
the place. 29
(2) The warrant must state-- 30
s 123 66 s 123
Charitable and Non-Profit Gaming
(a) that a stated inspector may, with necessary and reasonable help 1
and force-- 2
(i) enter the place and any other place necessary for entry; and 3
(ii) exercise the inspector's powers under this part; and 4
(b) the offence for which the warrant is sought; and 5
(c) the evidence that may be seized under the warrant; and 6
(d) the hours of the day or night when the place may be entered; and 7
(e) the date, within 14 days after the warrant's issue, the warrant 8
ends. 9
warrants 10
Special
123.(1) An inspector may apply for a warrant (a "special warrant") by 11
phone, fax, radio or another form of communication if the inspector 12
considers it necessary because of-- 13
(a) urgent circumstances; or 14
(b) other special circumstances, including, for example, the 15
inspector's remote location. 16
(2) Before applying for the special warrant, the inspector must prepare an 17
application stating the grounds on which the warrant is sought. 18
(3) The inspector may apply for the special warrant before the application 19
is sworn. 20
(4) After issuing the warrant, the justice must immediately fax a copy (a 21
"facsimile warrant") to the inspector if it is reasonably practicable to fax 22
the copy. 23
(5) If it is not reasonably practicable to fax a copy to the inspector-- 24
(a) the justice must tell the inspector-- 25
(i) what the terms of the special warrant are; and 26
(ii) the date and time the special warrant was issued; and 27
(b) the inspector must complete a form of warrant (a "warrant 28
form") and write on it-- 29
s 124 67 s 124
Charitable and Non-Profit Gaming
(i) the justice's name; and 1
(ii) the date and time the justice issued the warrant; and 2
(iii) the terms of the warrant. 3
(6) The facsimile warrant, or the warrant form properly completed by the 4
inspector, authorises the entry and the exercise of the other powers stated in 5
the special warrant issued by the justice. 6
(7) The inspector must, at the first reasonable opportunity, send to the 7
justice-- 8
(a) the sworn application; and 9
(b) if the inspector completed a warrant form, the completed warrant 10
form. 11
(8) On receiving the documents, the justice must attach them to the 12
special warrant. 13
(9) A court must find the exercise of the power by an inspector was not 14
authorised by a special warrant if-- 15
(a) an issue arises in a proceeding before the court whether the 16
exercise of the power was authorised by a special warrant; and 17
(b) the warrant is not produced in evidence; and 18
(c) it is not proved by the person relying on the lawfulness of the 19
entry that the inspector obtained the special warrant. 20
before entry 21
Warrants--procedure
124.(1) This section applies if an inspector named in a special warrant 22
issued under this part for a place is intending to enter the place under the 23
warrant. 24
(2) Before entering the place, the inspector must do or make a reasonable 25
attempt to do the following things-- 26
(a) identify himself or herself to a person present at the place who is 27
an occupier of the place by producing a copy of the inspector's 28
notice of appointment or other document evidencing the 29
appointment; 30
(b) give the person a copy of the warrant or, if the entry is authorised 31
s 125 68 s 125
Charitable and Non-Profit Gaming
by a facsimile warrant or warrant form mentioned in 1
section 123(6), a copy of the facsimile warrant or warrant form; 2
(c) tell the person the inspector is permitted by the warrant to enter 3
the place; 4
(d) give the person an opportunity to allow the inspector immediate 5
entry to the place without using force. 6
(3) However, the inspector need not comply with subsection (2) if the 7
inspector believes on reasonable grounds that immediate entry to the place is 8
required to ensure the effective execution of the warrant is not frustrated. 9
3--General powers 10
Subdivision
powers after entering places 11
General
125.(1) This section applies to an inspector who enters a place. 12
(2) However, if an inspector enters a place to get the occupier's consent 13
to enter premises, this section applies to the inspector only if the consent is 14
given or the entry is otherwise authorised. 15
(3) For monitoring or enforcing compliance with this Act, the inspector 16
may-- 17
(a) search any part of the place; or 18
(b) inspect, measure, test, photograph or film any part of the place or 19
anything at the place; or 20
(c) take a thing, or a sample of or from a thing, at the place for 21
analysis or testing; or 22
(d) copy a document at the place; or 23
(e) for a general gaming place--access, electronically or in another 24
way, a system used at the place for conducting games, or 25
administrative purposes related to the conduct of games; or 26
(f) take into or onto the place any persons, equipment and materials 27
the inspector reasonably requires for exercising a power under 28
this part; or 29
(g) require the occupier of the place, or a person at the place, to give 30
s 126 69 s 127
Charitable and Non-Profit Gaming
the inspector reasonable help to exercise the inspector's powers 1
under paragraphs (a) to (f); or 2
(h) require the occupier of the place, or a person at the place, to give 3
the inspector information to help the inspector ascertain whether 4
this Act is being complied with. 5
(4) When making a requirement mentioned in subsection (3)(g) or (h), 6
the inspector must warn the person it is an offence to fail to comply with the 7
requirement, unless the person has a reasonable excuse for failing to comply 8
with it. 9
to help inspector 10
Failure
126.(1) A person required to give reasonable help under 11
section 125(3)(g) must comply with the requirement, unless the person has 12
a reasonable excuse for not complying with it. 13
Maximum penalty--40 penalty units. 14
(2) If the requirement is to be complied with by the person giving 15
information, or producing a document, other than a document required to be 16
kept by the person under this Act, it is a reasonable excuse for the person to 17
fail to comply with the requirement, if complying with it might tend to 18
incriminate the person. 19
to give information 20
Failure
127.(1) A person of whom a requirement is made under 21
section 125(3)(h) must comply with the requirement, unless the person has 22
a reasonable excuse for not complying with it. 23
Maximum penalty--40 penalty units. 24
(2) It is a reasonable excuse for the person to fail to comply with the 25
requirement if complying with it might tend to incriminate the person. 26
s 128 70 s 130
Charitable and Non-Profit Gaming
4--Power to seize evidence 1
Subdivision
evidence at general gaming places 2
Seizing
128. An inspector who enters a general gaming place under this part may 3
seize a thing at the place if the inspector reasonably believes the thing is 4
evidence of an offence against this Act. 5
evidence at places other than general gaming places 6
Seizing
129.(1) This section applies if an inspector enters a place other than a 7
general gaming place. 8
(2) If the inspector enters the place with the occupier's consent, the 9
inspector may seize a thing at the place if-- 10
(a) the inspector reasonably believes the thing is evidence of an 11
offence against this Act; and 12
(b) seizure of the thing is consistent with the purpose of entry as told 13
to the occupier when asking for the occupier's consent. 14
(3) If the inspector enters the place with a warrant, the inspector may 15
seize the evidence for which the warrant was issued. 16
(4) The inspector also may seize anything else at the place if the inspector 17
reasonably believes-- 18
(a) the thing is evidence of an offence against this Act; and 19
(b) the seizure is necessary to prevent the thing being-- 20
(i) hidden, lost or destroyed; or 21
(ii) used to continue, or repeat, the offence. 22
(5) Also, the inspector may seize a thing at the place if the inspector 23
reasonably believes it has just been used in committing an offence against 24
this Act. 25
seized things 26
Securing
130. Having seized a thing, an inspector may-- 27
(a) move the thing from the place where it was seized (the "place of 28
s 131 71 s 132
Charitable and Non-Profit Gaming
seizure"); or 1
(b) leave the thing at the place of seizure but take reasonable action to 2
restrict access to it. 3
4
Example of restricting access to a thing--
5
1. Sealing a thing and marking it to show access to it is restricted.
6
2. Sealing the entrance to a room where the seized thing is situated and marking it
7
to show access to it is restricted.
with seized things 8
Tampering
131. If an inspector restricts access to a seized thing, a person must not 9
tamper, or attempt to tamper, with the thing, or something restricting access 10
to the thing, without an inspector's approval. 11
Maximum penalty--40 penalty units. 12
to support seizure 13
Powers
132.(1) To enable a thing to be seized, an inspector may require the 14
person in control of it-- 15
(a) to take it to a stated reasonable place by a stated reasonable time; 16
and 17
(b) if necessary, to remain in control of it at the stated place for a 18
reasonable time. 19
(2) The requirement-- 20
(a) must be made by notice in the approved form; or 21
(b) if for any reason it is not practicable to give the notice, may be 22
made orally and confirmed by notice in the approved form as 23
soon as practicable. 24
(3) A person of whom a requirement is made must comply with the 25
requirement, unless the person has a reasonable excuse for not complying 26
with it. 27
Maximum penalty--40 penalty units. 28
(4) A further requirement may be made under this section about the same 29
thing if it is necessary and reasonable to make the further requirement. 30
s 133 72 s 134
Charitable and Non-Profit Gaming
for seized things 1
Receipt
133.(1) As soon as practicable after an inspector seizes a thing, the 2
inspector must give a receipt for it to the person from whom it was seized. 3
(2) However, if for any reason it is not practicable to comply with 4
subsection (1), the inspector must leave the receipt at the place of seizure in 5
a conspicuous position and in a reasonably secure way. 6
(3) The receipt must describe generally each thing seized and its 7
condition. 8
(4) This section does not apply to a thing if it is impracticable or would 9
be unreasonable to give the receipt given the thing's nature, condition and 10
value. 11
of seized things 12
Forfeiture
134.(1) A seized thing is forfeited to the State if the inspector who seized 13
the thing-- 14
(a) can not find its owner after making reasonable inquiries; or 15
(b) can not return it to its owner after making reasonable efforts; or 16
(c) reasonably believes it is necessary to retain the thing to prevent it 17
being used to commit an offence against this Act. 18
(2) In applying subsection (1)-- 19
(a) subsection (1)(a) does not require the inspector to make inquiries 20
if it would be unreasonable to make inquiries to find the owner; 21
and 22
(b) subsection (1)(b) does not require the inspector to make efforts if 23
it would be unreasonable to make efforts to return the thing to its 24
owner. 25
(3) If the inspector decides to forfeit a thing under subsection (1)(c), the 26
inspector must give the owner an information notice about the decision. 27
(4) Subsection (3) does not apply if-- 28
(a) the inspector can not find the owner after making reasonable 29
inquiries; or 30
(b) it is impracticable or would be unreasonable to give the notice. 31
s 135 73 s 136
Charitable and Non-Profit Gaming
(5) The information notice must state that the owner may apply for a stay 1
of the decision if the owner appeals against the decision. 2
(6) Regard must be had to a thing's nature, condition and value-- 3
(a) in deciding-- 4
(i) whether it is reasonable to make inquiries or efforts; and 5
(ii) if making inquiries or efforts--what inquiries or efforts, 6
including the period over which they are made, are 7
reasonable; or 8
(b) in deciding whether it would be unreasonable to give the notice. 9
of seized things 10
Return
135.(1) If a seized thing has not been forfeited, the inspector must return 11
it to its owner-- 12
(a) at the end of 6 months; or 13
(b) if a proceeding for an offence involving the thing is started within 14
6 months--at the end of the proceeding and any appeal from the 15
proceeding. 16
(2) Despite subsection (1), unless it has been forfeited, the inspector must 17
immediately return a thing seized as evidence to its owner if the inspector 18
stops being satisfied its continued retention as evidence is necessary. 19
to seized things 20
Access
136.(1) Until a seized thing is forfeited or returned, an inspector must 21
allow its owner to inspect it and, if it is a document, to copy it. 22
(2) Subsection (1) does not apply if it is impracticable or would be 23
unreasonable to allow the inspection or copying. 24
s 137 74 s 139
Charitable and Non-Profit Gaming
Subdivision 5--Power to give directions to stop using things 1
to stop using thing 2
Direction
137.(1) This section applies if an inspector reasonably believes-- 3
(a) a thing used for conducting games is unsatisfactory for the 4
purpose for which it is used; and 5
(b) the continued use of the thing may adversely affect the integrity of 6
the conduct of games or the public interest. 7
(2) The inspector may direct the person who has, or reasonably appears 8
to have, authority to exercise control over the thing to stop using it, or 9
allowing it to be used, in conducting games. 10
about stop directions 11
Requirements
138.(1) A direction to a person under section 137 (a "stop direction") 12
may be given orally or by notice (a "stop notice"). 13
(2) However, if the direction is given orally, it must be confirmed by 14
notice (also a "stop notice") given to the person as soon as practicable. 15
(3) A stop direction may be given for a thing at a general gaming place. 16
(4) A stop direction does not apply to a use of a thing for repairing or 17
testing it. 18
(5) A stop notice must state-- 19
(a) the grounds on which the inspector believes the thing is 20
unsatisfactory; and 21
(b) the circumstances, if any, under which the stop direction may be 22
cancelled. 23
to comply with stop direction 24
Failure
139. A person to whom a stop direction is given must comply with the 25
direction, unless the person has a reasonable excuse for not complying with 26
it. 27
Maximum penalty--40 penalty units. 28
s 140 75 s 142
Charitable and Non-Profit Gaming
Subdivision 6--Power to obtain information 1
to require name and address 2
Power
140.(1) This section applies if an inspector-- 3
(a) finds a person committing an offence against this Act; or 4
(b) finds a person in circumstances that lead, or has information that 5
leads, the inspector to reasonably suspect the person has just 6
committed an offence against this Act. 7
(2) The inspector may require the person to state the person's name and 8
residential address. 9
(3) When making the requirement, the inspector must warn the person it 10
is an offence to fail to state the person's name or residential address, unless 11
the person has a reasonable excuse for not stating it. 12
(4) The inspector may require the person to give evidence of the 13
correctness of the stated name or residential address if the inspector 14
reasonably suspects the stated name or address is false. 15
to give name or address 16
Failure
141.(1) A person of whom a requirement is made under section 140(2) 17
or (4) must comply with the requirement, unless the person has a 18
reasonable excuse for not complying with it. 19
Maximum penalty--40 penalty units. 20
(2) A person does not commit an offence against subsection (1) if-- 21
(a) the person was required to state the person's name and residential 22
address by an inspector who suspected the person had committed 23
an offence against this Act; and 24
(b) the person is not proved to have committed the offence. 25
to require production of documents 26
Power
142.(1) An inspector may require a person to make available for 27
inspection by an inspector, or produce to an inspector for inspection, at a 28
reasonable time and place nominated by the inspector-- 29
s 143 76 s 145
Charitable and Non-Profit Gaming
(a) a document issued to the person under this Act; or 1
(b) a document required to be kept by the person under this Act; or 2
(c) if the person is a general licensee, a document about the activity 3
authorised by the general licence and kept by the person under the 4
licence. 5
(2) The inspector may keep the document to copy it. 6
(3) If the inspector copies the document, or an entry in the document, the 7
inspector may require the person responsible for keeping the document to 8
certify the copy as a true copy of the document or entry. 9
(4) The inspector must return the document to the person as soon as 10
practicable after copying it. 11
(5) However, if a requirement is made of a person under subsection (3), 12
the inspector may keep the document until the person complies with the 13
requirement. 14
to produce document 15
Failure
143.(1) A person of whom a requirement is made under section 142(1) 16
must comply with the requirement, unless the person has a reasonable 17
excuse for not complying with it. 18
Maximum penalty--40 penalty units. 19
(2) It is a reasonable excuse for the person not to comply with the 20
requirement if complying with it might tend to incriminate the person. 21
to certify copy of document 22
Failure
144. A person of whom a requirement is made under section 142(3) 23
must comply with the requirement, unless the person has a reasonable 24
excuse for not complying with it. 25
Maximum penalty--40 penalty units. 26
to require attendance of persons 27
Power
145.(1) An inspector may require a person of whom a requirement under 28
section 142(1) has been made to attend before the inspector to answer 29
s 146 77 s 146
Charitable and Non-Profit Gaming
questions or give information about the document to which the requirement 1
relates. 2
(2) Also, an inspector who reasonably believes it is necessary in 3
performing the inspector's functions under this Act, may require any person 4
responsible for or connected with-- 5
(a) the conduct of general gaming; or 6
(b) the manufacture, assembly, sale, supply, installation, alteration, 7
obtaining, possession, operation, use, adjustment, maintenance or 8
repair of general gaming equipment; 9
to attend before the inspector to answer any questions or supply any 10
information with respect to the matters referred to in this subsection. 11
(3) A requirement made of a person under this section must-- 12
(a) be made by notice given to the person; and 13
(b) state a reasonable time and place for the person's attendance. 14
(4) When making the requirement, the inspector must warn the person it 15
is an offence to fail to comply with the requirement, unless the person has a 16
reasonable excuse for not complying with it. 17
to comply with requirement about attendance 18
Failure
146.(1) A person of whom a requirement is made under section 145 19
must not, unless the person has a reasonable excuse-- 20
(a) fail to attend before the inspector at the time and place stated in the 21
notice imposing the requirement; or 22
(b) when attending before the inspector-- 23
(i) fail to comply with a requirement to answer a question or 24
give information; or 25
(ii) state anything the person knows is false or misleading in a 26
material particular. 27
Maximum penalty--40 penalty units. 28
(2) It is a reasonable excuse for a person to fail to comply with a 29
requirement to answer a question or give information if complying with the 30
requirement might tend to incriminate the person. 31
s 147 78 s 149
Charitable and Non-Profit Gaming
to require financial records 1
Power
147.(1) This section applies to a person (the "financial institution 2
officer") who is the manager or other principal officer at a place of business 3
of a financial institution at which a person keeps an account for the person's 4
general gaming operations. 5
(2) An inspector may, by notice given to the financial institution officer, 6
require the officer to give to the inspector, within the time, of not less than 7
7 days, stated in the notice-- 8
(a) a statement of account for the account; or 9
(b) copies of cheques or other records relevant to the account; or 10
(c) other particulars or documents relevant to the account stated in the 11
notice. 12
(3) An inspector may make a requirement under subsection (2) only with 13
the written approval of the chief executive. 14
of compliance with s 147 15
Effect
148.(1) No liability attaches to a person who is the manager or other 16
principal officer at a place of business of a financial institution for any 17
breach of trust or other reason, merely because the person complies with a 18
requirement under section 147(2). 19
(2) No liability attaches to the financial institution, for any breach of trust 20
or other reason, merely because a person who is the manager or other 21
principal officer at a place of business of the institution complies with the 22
requirement. 23
to comply with s 147 24
Failure
149. A person of whom a requirement is made under section 147(2) 25
must comply with the requirement within the time stated in the relevant 26
notice, unless the person has a reasonable excuse for not complying with it 27
in the stated time. 28
Maximum penalty--40 penalty units. 29
s 150 79 s 151
Charitable and Non-Profit Gaming
Division 3--Other enforcement matters 1
about management practices 2
Direction
150.(1) This section applies if the chief executive reasonably believes-- 3
(a) the management, supervision or control of any part of a person's 4
general gaming operations (the "management practice") is 5
unsatisfactory; and 6
(b) the management practice may adversely affect the integrity of the 7
person's conduct of games or the public interest. 8
(2) The chief executive may direct the person to stop, or change, the 9
management practice. 10
(3) The direction must-- 11
(a) be in writing; and 12
(b) if the direction is to change the management practice--clearly 13
describe how it is required to be changed; and 14
(c) state when the person is required to comply with the direction. 15
(4) A person to whom a direction is given must comply with it, unless 16
the person has a reasonable excuse for not complying with it. 17
Maximum penalty for subsection (4)--40 penalty units. 18
about conduct of general gaming 19
Direction
151.(1) The chief executive may give a direction to a person about the 20
person's conduct of general gaming. 21
(2) The direction must-- 22
(a) be in writing; and 23
(b) state when the person is required to comply with the direction; 24
and 25
(c) be accompanied by, or include, an information notice about the 26
chief executive's decision to give the direction. 27
(3) A person to whom a direction is given under subsection (1) must 28
comply with the direction, unless the person has a reasonable excuse for not 29
s 152 80 s 153
Charitable and Non-Profit Gaming
complying with it. 1
Maximum penalty--40 penalty units. 2
on conviction 3
Forfeiture
152.(1) On the conviction of a person for an offence against this Act, the 4
court may order the forfeiture to the State of-- 5
(a) anything used to commit the offence; or 6
(b) anything else the subject of the offence. 7
(2) The court may make the order-- 8
(a) whether or not the thing has been seized; and 9
(b) if the thing has been seized--whether or not it has been returned 10
to its owner. 11
(3) The court may make any order to enforce the forfeiture it considers 12
appropriate. 13
(4) This section does not limit the court's powers under the Penalties and 14
Sentences Act 1992 or another law. 15
on payment of infringement notice penalty 16
Forfeiture
153.(1) This section applies if-- 17
(a) an offence against this Act is declared under another Act to be an 18
infringement notice offence; and 19
(b) a person is served with an infringement notice for the offence; and 20
(c) the person pays the infringement notice penalty as required by the 21
notice. 22
(2) The chief executive may order the forfeiture to the State of-- 23
(a) anything used to commit the alleged offence; or 24
(b) anything else the subject of the alleged offence. 25
(3) The chief executive may make the order-- 26
(a) whether or not the thing has been seized; and 27
s 154 81 s 155
Charitable and Non-Profit Gaming
(b) if the thing has been seized--whether or not it has been returned 1
to its owner. 2
(4) The owner of the thing may appeal to a Magistrates Court about the 3
chief executive's decision to make the order. 4
(5) Without limiting the court's powers, it may, unaffected by the chief 5
executive's decision, either confirm the decision or set it aside. 6
with forfeited things 7
Dealing
154.(1) On the forfeiture of a thing to the State, the thing becomes the 8
State's property and may be dealt with by the chief executive as the chief 9
executive considers appropriate. 10
(2) Without limiting subsection (1), the chief executive may destroy the 11
thing. 12
of damage 13
Notice
155.(1) This section applies if-- 14
(a) an inspector damages something when exercising or purporting to 15
exercise a power; or 16
(b) a person (the "other person") acting under the direction of an 17
inspector damages something. 18
(2) The inspector must immediately give notice of particulars of the 19
damage to the person who appears to the inspector to be the thing's owner. 20
(3) If the inspector believes the damage was caused by a latent defect in 21
the thing or circumstances beyond the inspector's or other person's control, 22
the inspector may state the belief in the notice. 23
(4) If, for any reason, it is impracticable to comply with subsection (2), 24
the inspector must leave the notice in a conspicuous position and in a 25
reasonably secure way where the damage happened. 26
(5) This section does not apply to damage the inspector reasonably 27
believes is trivial. 28
(6) In this section-- 29
"owner", of a thing, includes the person in possession or control of it. 30
s 156 82 s 157
Charitable and Non-Profit Gaming
1
Compensation
156.(1) A person may claim compensation from the State if the person 2
incurs loss or expense because of the exercise or purported exercise of a 3
power under any of the following subdivisions of division 25-- 4
· subdivision 1 5
· subdivision 3 6
· subdivision 4 7
· subdivision 6.6 8
(2) Without limiting subsection (1), compensation may be claimed for 9
loss or expense incurred in complying with a requirement made of the 10
person under the subdivision. 11
(3) Compensation may be claimed and ordered in a proceeding-- 12
(a) brought in a court with jurisdiction in proceedings for the 13
recovery of the amount of compensation claimed; or 14
(b) for an offence against this Act brought against the person 15
claiming compensation. 16
(4) A court may order compensation to be paid only if it is satisfied it is 17
just to make the order in the circumstances of the particular case. 18
(5) A regulation may prescribe matters that may, or must, be taken into 19
account by the court when considering whether it is just to make the order. 20
officials from liability 21
Protecting
157.(1) An official is not civilly liable for an act done, or omission made, 22
honestly and without negligence under this Act. 23
(2) If subsection (1) prevents a civil liability attaching to an official, the 24
liability attaches instead to the State. 25
(3) In this section-- 26
5 Division 2 (Powers of inspectors)
6 Subdivision 1 (Power to enter places), subdivision 3 (General powers),
subdivision 4 (Power to seize evidence), subdivision 6 (Power to obtain
information)
s 158 83 s 159
Charitable and Non-Profit Gaming
"official" means-- 1
(a) the Minister; or 2
(b) the chief executive; or 3
(c) an inspector; or 4
(d) a person acting under the direction of an inspector. 5
4--General enforcement offences 6
Division
or misleading statements 7
False
158.(1) A person must not state anything to an inspector the person 8
knows is false or misleading in a material particular. 9
Maximum penalty--40 penalty units. 10
(2) It is enough for a complaint against a person for an offence against 11
subsection (1) to state that the statement made was `false or misleading' to 12
the person's knowledge, without specifying which. 13
or misleading documents 14
False
159.(1) A person must not give an inspector a document containing 15
information the person knows is false or misleading in a material particular. 16
Maximum penalty--40 penalty units. 17
(2) Subsection (1) does not apply to a person if the person, when giving 18
the document-- 19
(a) tells the inspector, to the best of the person's ability, how it is 20
false or misleading; and 21
(b) if the person has, or can reasonably obtain, the correct 22
information--gives the correct information. 23
(3) Also, a person must not make an entry in a document required or 24
permitted to be made or kept under this Act knowing the entry to be false or 25
misleading in a material particular. 26
Maximum penalty--40 penalty units. 27
s 160 84 s 162
Charitable and Non-Profit Gaming
(4) It is enough for a complaint against a person for an offence against 1
subsection (1) or (3) to state that the document or entry was `false or 2
misleading' to the person's knowledge, without specifying which. 3
inspectors 4
Obstructing
160.(1) A person must not obstruct an inspector in the exercise of a 5
power, unless the person has a reasonable excuse for the obstruction. 6
Maximum penalty--40 penalty units. 7
(2) If a person has obstructed an inspector and the inspector decides to 8
proceed with the exercise of the power, the inspector must warn the person 9
that-- 10
(a) it is an offence to obstruct the inspector, unless the person has a 11
reasonable excuse for the obstruction; and 12
(b) the inspector considers the person's conduct is an obstruction. 13
ART 7--LEGAL PROCEEDINGS 14
P
Division 1--Evidence 15
of division 16
Application
161. This division applies to a proceeding under this Act. 17
and authority 18
Appointments
162. It is not necessary to prove-- 19
(a) the chief executive's appointment; or 20
(b) an inspector's appointment; or 21
(c) the authority of the chief executive or an inspector to do anything 22
under this Act. 23
s 163 85 s 164
Charitable and Non-Profit Gaming
1
Signatures
163. A signature purporting to be the signature of the chief executive or 2
an inspector is evidence of the signature it purports to be. 3
aids 4
Evidentiary
164. A certificate purporting to be signed by the chief executive stating 5
any of the following matters is evidence of the matter-- 6
(a) on a stated day, or during a stated period, a stated person was or 7
was not the holder of a general licence; 8
(b) on a stated day, or during a stated period, a general licence-- 9
(i) was or was not in force; or 10
(ii) was or was not subject to a stated condition; 11
(c) on a stated day, a general licence was suspended for a stated 12
period or cancelled; 13
(d) on a stated day, or during a stated period, a stated appointment 14
(including a person's appointment as an inspector under a gaming 15
Act) or stated approval was, or was not, in force for a stated 16
person or thing; 17
(e) on a stated day, a stated person was given a stated notice or 18
direction under this Act; 19
(f) on a stated day, a stated requirement was made of a stated person; 20
(g) a stated amount is payable under this Act by a stated person and 21
has not been paid; 22
(h) a stated document is one of the following things made, given, 23
issued or kept under this Act-- 24
(i) an appointment, approval or decision; 25
(ii) a notice, direction or requirement; 26
(iii) a general licence; 27
(iv) a record or an extract from a record; 28
(i) a stated document is another document kept under this Act; 29
s 165 86 s 166
Charitable and Non-Profit Gaming
(j) a stated document is a copy of a thing mentioned in paragraph (h) 1
or (i). 2
2--Proceedings 3
Division
and summary offences 4
Indictable
165.(1) An offence against section 105, 106 or 1087 is an indictable 5
offence. 6
(2) Any other offence against this Act is a summary offence. 7
for indictable offences 8
Proceedings
166.(1) A proceeding for an indictable offence against this Act may be 9
taken, at the election of the prosecution-- 10
(a) by way of summary proceedings under the Justices Act 1886; or 11
(b) on indictment. 12
(2) A magistrate must not hear an indictable offence summarily if-- 13
(a) the defendant asks at the start of the hearing that the charge be 14
prosecuted on indictment; or 15
(b) the magistrate considers the charge should be prosecuted on 16
indictment. 17
(3) If subsection (2) applies-- 18
(a) the magistrate must proceed by way of an examination of 19
witnesses for an indictable offence; and 20
(b) a plea of the person charged at the start of the proceeding must be 21
disregarded; and 22
(c) evidence brought in the proceeding before the magistrate decided 23
to act under subsection (2) is taken to be evidence in the 24
proceeding for the committal of the person for trial or sentence; 25
and 26
7 Section 105 (Bribery), 106 (Cheating) or 108 (Forgery and uttering)
s 167 87 s 169
Charitable and Non-Profit Gaming
(d) before committing the person for trial or sentence, the magistrate 1
must make a statement to the person as required by the Justices 2
Act 1886, section 104(2)(b).8 3
(4) The maximum penalty that may be summarily imposed for an 4
indictable offence is 165 penalty units. 5
on who may summarily hear indictable offence proceedings 6
Limitation
167.(1) A proceeding must be before a magistrate if it is a proceeding-- 7
(a) for the summary conviction of a person on a charge for an 8
indictable offence; or 9
(b) for an examination of witnesses for a charge for an indictable 10
offence. 11
(2) However, if a proceeding for an indictable offence is brought before a 12
justice who is not a magistrate, jurisdiction is limited to taking or making a 13
procedural action or order within the meaning of the Justices of the Peace 14
and Commissioners for Declarations Act 1991. 15
on time for starting summary proceedings 16
Limitation
168. A proceeding for an offence against this Act by way of summary 17
proceeding under the Justices Act 1886 may be started within-- 18
(a) 1 year after the offence is committed; or 19
(b) 6 months after the offence comes to the complainant's 20
knowledge, but within 2 years after the offence is committed. 21
for acts or omissions of representatives 22
Responsibility
169.(1) Subsections (2) and (3) apply in a proceeding for an offence 23
against this Act. 24
(2) If it is relevant to prove a person's state of mind about a particular act 25
or omission, it is enough to show-- 26
8 Section 104 (Proceedings upon an examination of witnesses in relation to an
indictable offence)
s 170 88 s 170
Charitable and Non-Profit Gaming
(a) the act was done or omitted to be done by a representative of the 1
person within the scope of the representative's actual or apparent 2
authority; and 3
(b) the representative had the state of mind. 4
(3) An act done or omitted to be done for a person by a representative of 5
the person within the scope of the representative's actual or apparent 6
authority is taken to have been done or omitted to be done also by the 7
person, unless the person proves the person could not, by the exercise of 8
reasonable diligence, have prevented the act or omission. 9
(4) In this section-- 10
"representative" means-- 11
(a) of a corporation--an executive officer, employee or agent of the 12
corporation; or 13
(b) of an unincorporated association--a member of the association, 14
or an employee or agent of the association; or 15
(c) of an individual--an employee or agent of the individual. 16
"state of mind" of a person includes-- 17
(a) the person's knowledge, intention, opinion, belief or purpose; and 18
(b) the person's reasons for the intention, opinion, belief or purpose. 19
officers must ensure corporation complies with Act 20
Executive
170.(1) The executive officers of a corporation must ensure the 21
corporation complies with this Act. 22
(2) If a corporation commits an offence against a provision of this Act, 23
each of the corporation's executive officers also commits an offence, 24
namely, the offence of failing to ensure that the corporation complies with 25
the provision. 26
Maximum penalty--the penalty for the contravention of the provision by an 27
individual. 28
(3) Evidence that the corporation has been convicted of an offence against 29
a provision of this Act is evidence that each of the executive officers 30
committed the offence of failing to ensure that the corporation complies 31
s 171 89 s 171
Charitable and Non-Profit Gaming
with the provision. 1
(4) However, it is a defence for an executive officer to prove-- 2
(a) if the officer was in a position to influence the conduct of the 3
corporation in relation to the offence--the officer exercised 4
reasonable diligence to ensure the corporation complied with the 5
provision; or 6
(b) the officer was not in a position to influence the conduct of the 7
corporation in relation to the offence. 8
of unincorporated associations 9
Treatment
171.(1) This section applies to the extent that, because of the definition of 10
"person" in the dictionary, a provision of this Act that applies to a person is 11
extended to apply also to an unincorporated association. 12
(2) Subject to subsection (6), an obligation or liability that, apart from this 13
subsection, would be imposed by the provision on an unincorporated 14
association, is imposed on the management members of the association. 15
(3) An amount that, apart from this subsection, would be payable under 16
the provision by an unincorporated association, is payable by the 17
management members of the association. 18
(4) If, under the provision, an offence against this Act is taken to have 19
been committed by an unincorporated association, the offence is taken to 20
have been committed by the management members of the association. 21
(5) However, it is a defence for a management member to prove-- 22
(a) if the member was in a position to influence the conduct of the 23
association in relation to the offence--the member exercised 24
reasonable diligence to ensure the association complied with the 25
provision; or 26
(b) the member was not in a position to influence the conduct of the 27
association in relation to the offence. 28
(6) Also, subsection (2) or (4) does not impose an obligation or liability 29
under section 105, 106 or 108 on a management member of an association. 30
s 172 90 s 174
Charitable and Non-Profit Gaming
to commit offences 1
Attempts
172.(1) A person who attempts to commit an offence against this Act 2
commits an offence. 3
(2) The maximum penalty for an attempt is one-half the maximum 4
penalty for the completed offence. 5
(3) The Criminal Code, section 49 applies to subsection (1). 6
powers of court 7
Additional
173.(1) On the conviction of a person for an offence against section 18, 8
19 or 20,10 the court may order the forfeiture to the State of an amount 9
received by the person in conducting a game in contravention of the section. 10
(2) The court may make any order to enforce the forfeiture it considers 11
appropriate. 12
(3) This section does not limit the court's powers under the Penalties and 13
Sentences Act 1992 or another law. 14
ART 8--APPEALS 15
P
16
Appeals
174.(1) This section applies if the chief executive makes a decision-- 17
(a) refusing an application for a general licence; or 18
(b) imposing a condition on a general licence; or 19
(c) changing a condition on a general licence; or 20
(d) suspending or cancelling a general licence; or 21
(e) refusing an application for renewal of a general licence; or 22
9 Criminal Code, section 4 (Attempts to commit offences)
10 Section 18 (Category 1 games), 19 (Category 2 games) or 20 (Category 3
games)
s 175 91 s 177
Charitable and Non-Profit Gaming
(f) refusing an application to amend a general licence; or 1
(g) appointing an administrator to conduct a general licensee's 2
operations under a general licence. 3
(2) The applicant or licensee may appeal to the Gaming Commission 4
against the decision. 5
about forfeiture of seized things 6
Appeals
175. The owner of a thing seized by an inspector may appeal to the 7
Gaming Commission against a decision of an inspector under section 134 8
to forfeit the thing. 9
appeal 10
Starting
176.(1) An appeal is started by-- 11
(a) filing a notice of appeal with the registrar of the Gaming 12
Commission; and 13
(b) serving a copy of the notice on the person (the "decision 14
maker") who made the decision appealed against. 15
(2) The notice of appeal must be filed within 28 days after the appellant 16
receives notice of the decision. 17
(3) The Gaming Commission may at any time extend the period for 18
filing the notice of appeal. 19
(4) The notice of appeal must state fully the grounds of the appeal and the 20
facts relied on. 21
of operation of decisions 22
Stay
177.(1) The Gaming Commission may grant a stay of the operation of a 23
decision appealed against to secure the effectiveness of the appeal. 24
(2) A stay-- 25
(a) may be given on conditions the Gaming Commission considers 26
appropriate; and 27
(b) operates for the period fixed by the commission; and 28
s 178 92 s 179
Charitable and Non-Profit Gaming
(c) may be revoked or amended by the commission. 1
(3) The period of a stay under this section must not extend past the time 2
when the Gaming Commission decides the appeal. 3
(4) An appeal against a decision affects the decision, or the carrying out 4
of the decision, only if the decision is stayed. 5
procedures 6
Hearing
178.(1) In deciding an appeal, the Gaming Commission-- 7
(a) has the same powers as the decision maker; and 8
(b) is not bound by the rules of evidence; and 9
(c) must comply with natural justice; and 10
(d) may hear the appeal in public or in private. 11
(2) An appeal is by way of rehearing. 12
to gather evidence 13
Power
179.(1) The Gaming Commission may, by notice signed by the registrar 14
of the Gaming Commission, require a person-- 15
(a) to give written answers to questions, or produce a document, 16
stated in the notice for an appeal mentioned in the notice; or 17
(b) to appear before the commission at a stated time and place to 18
answer questions, or produce a stated document, relating to an 19
appeal mentioned in the notice. 20
(2) The answers mentioned in subsection (1)(b) must, if the notice so 21
requires, be verified by statutory declaration. 22
(3) A person must not, without reasonable excuse-- 23
(a) fail to comply with a requirement under this section; or 24
(b) if appearing for examination before the Gaming Commission-- 25
(i) fail to take or make an oath when required to do so by a 26
member of the commission or the registrar; or 27
(ii) fail to answer a question relevant to the subject of the appeal 28
s 180 93 s 181
Charitable and Non-Profit Gaming
to the best of the person's knowledge, information or belief; 1
or 2
(iii) fail to produce a document the person is required to produce 3
under subsection (1)(b). 4
Maximum penalty--40 penalty units. 5
(4) A member of the Gaming Commission may administer an oath to a 6
person appearing before the commission for examination. 7
(5) It is a reasonable excuse for a person to fail to comply with a 8
requirement to answer a question or produce a document if complying with 9
the requirement might tend to incriminate the person. 10
of Gaming Commission on appeal 11
Powers
180.(1) In deciding an appeal, the Gaming Commission may-- 12
(a) confirm the decision; or 13
(b) set aside the decision and substitute another decision; or 14
(c) set aside the decision and return the issue to the decision maker 15
with the directions the commission considers appropriate. 16
(2) If the Gaming Commission substitutes another decision, the 17
substituted decision is, for this Act, other than this part, taken to be the 18
decision maker's decision. 19
to District Court 20
Appeals
181. An appeal lies to the District Court from a decision of the Gaming 21
Commission on a question of law. 22
s 182 94 s 183
Charitable and Non-Profit Gaming
PART 9--MISCELLANEOUS 1
of amounts 2
Recovery
182. The amount of a fee payable by a person under this Act is a debt 3
payable by the person to the State. 4
of information 5
Confidentiality
183.(1) A person who is, or has been, an inspector, or officer or 6
employee of the department, must not disclose information gained by the 7
person in performing functions under this Act. 8
Maximum penalty--200 penalty units or 2 years imprisonment. 9
(2) Subsection (1) does not apply to the disclosure of information by a 10
person-- 11
(a) for a purpose under this Act or a gaming Act; or 12
(b) with a lawful excuse; or 13
(c) under an approval of the chief executive under this section. 14
(3) The chief executive may approve the disclosure of information by a 15
person to-- 16
(a) another person prescribed under a regulation; or 17
(b) an officer, employee or member of the person; or 18
(c) a stated department or person. 19
(4) Before giving an approval for subsection (3)(c), the chief executive 20
must-- 21
(a) give notice of the proposed approval to any person the chief 22
executive considers is likely to be affected adversely by the 23
disclosure; and 24
(b) give the person the opportunity of making a submission about the 25
proposed approval within the time, of not less than 14 days, stated 26
in the notice. 27
(5) If information is disclosed to a person under an approval given by the 28
chief executive, the person, and any employee or other person under the 29
s 184 95 s 186
Charitable and Non-Profit Gaming
control of the person, are taken to be persons to whom subsection (1) 1
applies and to have gained the information in performing functions under 2
this Act. 3
4
Delegations
184.(1) The Minister may delegate the Minister's powers under this Act 5
to the chief executive or an appropriately qualified officer of the department. 6
(2) The chief executive may delegate the chief executive's powers under 7
this Act to an appropriately qualified inspector or an appropriately qualified 8
officer of the department. 9
(3) In this section-- 10
"appropriately qualified" includes having the qualifications, experience or 11
standing appropriate to the exercise of the power. 12
13
Example of `standing'--
14
A person's classification level in the public service.
of forms 15
Approval
185. The chief executive may approve forms for use under this Act. 16
power 17
Regulation-making
186.(1) The Governor in Council may make regulations under this Act. 18
(2) A regulation may-- 19
(a) be made about fees; or 20
(b) impose a penalty of not more than 20 penalty units for 21
contravention of a regulation. 22
s 187 96 s 190
Charitable and Non-Profit Gaming
PART 10--TRANSITIONAL PROVISIONS AND 1
REPEAL 2
1--Interpretation 3
Division
for pt 10 4
Definition
187. In this part-- 5
"repealed Act" means the Art Unions Act 1992. 6
Division 2--Transitional provisions 7
to repealed Act 8
References
188. In an Act or document, a reference to the repealed Act may, if the 9
context permits, be taken to be a reference to this Act. 10
of conduct of art unions 11
Continuation
189. An art union started under the repealed Act that has not finished 12
before the commencement of this section may be continued from the 13
commencement as if the art union were a game. 14
approvals for lucky envelope vending machines 15
Existing
190.(1) This section applies to an approval for a lucky envelope vending 16
machine given under section 66 of the repealed Act and in force 17
immediately before the commencement of this section. 18
(2) The approval continues in force as if it were an approval for a lucky 19
envelope vending machine given under section 100 of this Act. 20
(3) However, if the approval was given more than 2 years before the 21
commencement, the approval continues in force only for 1 year from the 22
commencement. 23
s 191 97 s 194
Charitable and Non-Profit Gaming
licences and permits 1
Existing
191. A licence or permit in force under the repealed Act immediately 2
before the commencement of this section continues in force from the 3
commencement, subject to this Act, as if it were-- 4
(a) for a licence to print and supply lucky envelopes--a lucky 5
envelope printer licence; or 6
(b) for a bingo centre licence--a bingo centre licence; or 7
(c) for a permit to conduct a major art union under which the permit 8
holder conducted an art union with gross proceeds of more than 9
$20 000--a category 3 gaming licence; or 10
(d) for a permit to conduct a calcutta sweep under which the permit 11
holder conducted calcutta sweeps with gross proceeds of more 12
than $20 000--a category 3 gaming licence. 13
orders etc. 14
Existing
192. An order, direction, requirement or decision of the Minister, chief 15
executive or an inspector under the repealed Act is, if its effect is not 16
exhausted at the commencement of this section, subject to appeal under this 17
Act in the same way as if it were an order, direction, requirement or 18
decision of the Minister, chief executive or an inspector under this Act. 19
20
Inspectors
193. A person who, immediately before the commencement of this 21
section, was an inspector under the repealed Act is taken from the 22
commencement to be an inspector appointed under this Act. 23
regulations 24
Transitional
194.(1) A regulation may make provision of a saving or transitional 25
nature for which-- 26
(a) it is necessary or convenient to assist the transition from the 27
conduct of an art union under the repealed Act to its conduct as a 28
game under this Act; and 29
s 195 98 s 196
Charitable and Non-Profit Gaming
(b) this Act does not make provision or sufficient provision. 1
(2) A regulation under this section may have retrospective operation to a 2
day not earlier than the commencement of this section. 3
(3) Subject to subsection (4), a regulation under this section expires 4
1 year after it is made. 5
(4) This section expires 1 year after it commences. 6
3--Repeal 7
Division
8
Repeal
195. The Art Unions Act 1992 is repealed. 9
PART 11--CONSEQUENTIAL AND OTHER 10
AMENDMENTS 11
amended in sch 1 12
Acts
196. Schedule 1 amends the Acts it mentions. 13
14
99
Charitable and Non-Profit Gaming
SCHEDULE 1 1
¡
CTS AMENDED 2
A
section 196 3
AMBULANCE SERVICE ACT 1991 4
´
1. Section 33(2)-- 5
omit. 6
CASINO CONTROL ACT 1982 7
´
1. Section 4, definition "Gaming Act"-- 8
omit, insert-- 9
` "gaming Act" means any of the following Acts-- 10
· Charitable and Non-Profit Gaming Act 1999 11
· Gaming Machine Act 1991 12
· Interactive Gambling (Player Protection) Act 1998 13
· Keno Act 1996 14
· Lotteries Act 1997 15
· Wagering Act 1998.'. 16
100
Charitable and Non-Profit Gaming
SCHEDULE 1 (continued)
COLLECTIONS ACT 1966 1
´
1. Section 13, from `an art union' to `given'-- 2
omit, insert-- 3
`a game under the Charitable and Non-Profit Gaming Act 1999, the 4
Minister is taken to have given a sanction'. 5
GAMING MACHINE ACT 1991 6
´
1. Section 3, definition "Gaming Act"-- 7
omit, insert-- 8
` "gaming Act" means any of the following Acts-- 9
· Casino Control Act 1982 10
· Charitable and Non-Profit Gaming Act 1999 11
· Interactive Gambling (Player Protection) Act 1998 12
· Keno Act 1996 13
· Lotteries Act 1997 14
· Wagering Act 1998.'. 15
INTERACTIVE GAMBLING (PLAYER 16
´
PROTECTION) ACT 1998 17
1. Schedule 3, definition "gaming Act"-- 18
omit, insert-- 19
` "gaming Act" means any of the following Acts-- 20
· Casino Control Act 1982 21
· Charitable and Non-Profit Gaming Act 1999 22
101
Charitable and Non-Profit Gaming
SCHEDULE 1 (continued)
· Gaming Machine Act 1991 1
· Keno Act 1996 2
· Lotteries Act 1997 3
· Wagering Act 1998.'. 4
ENO ACT 1996 5
´K
1. Schedule 4, definition "Gaming Act"-- 6
omit, insert-- 7
` "gaming Act" means any of the following Acts-- 8
· Casino Control Act 1982 9
· Charitable and Non-Profit Gaming Act 1999 10
· Gaming Machine Act 1991 11
· Interactive Gambling (Player Protection) Act 1998 12
· Lotteries Act 1997 13
· Wagering Act 1998.'. 14
OTTERIES ACT 1997 15
´L
1. Schedule 3, definition "Gaming Act"-- 16
omit, insert-- 17
` "gaming Act" means any of the following Acts-- 18
· Casino Control Act 1982 19
· Charitable and Non-Profit Gaming Act 1999 20
· Gaming Machine Act 1991 21
· Interactive Gambling (Player Protection) Act 1998 22
102
Charitable and Non-Profit Gaming
SCHEDULE 1 (continued)
· Keno Act 1996 1
· Wagering Act 1998.'. 2
WAGERING ACT 1998 3
´
1. Section 166-- 4
omit, insert-- 5
`Calculation and payment of wagering tax 6
`166.(1) For wagering conducted by means of a totalisator, the amount of 7
wagering tax to be paid for a month by the authority holder is the sum of the 8
following-- 9
(a) the percentage prescribed under a regulation of the commissions 10
deducted under section 163(1) for the month by the designated 11
person; 12
(b) the percentage prescribed under a regulation of the amounts 13
retained under section 213(2) in the month by the designated 14
person. 15
`(2) For wagering conducted on a fixed odds basis, the amount of 16
wagering tax to be paid for a month by the authority holder is the sum of the 17
following-- 18
(a) the percentage prescribed under a regulation of the designated 19
person's gross revenue for the month; 20
(b) the percentage prescribed under a regulation of the amounts 21
retained under section 213(2) in the month by the designated 22
person. 23
`(3) The wagering tax is to be paid in accordance with a regulation.'. 24
103
Charitable and Non-Profit Gaming
SCHEDULE 1 (continued)
2. Schedule 2-- 1
insert-- 2
` "designated person", for an authority holder, means-- 3
(a) if the authority holder is a wagering licensee who is a party to a 4
wagering management agreement--the wagering manager 5
appointed under the agreement; or 6
(b) if paragraph (a) does not apply--the authority holder.'. 7
3. Schedule 2, definition "gaming Act"-- 8
omit, insert-- 9
` "gaming Act" means any of the following Acts-- 10
· Casino Control Act 1982 11
· Charitable and Non-Profit Gaming Act 1999 12
· Gaming Machine Act 1991 13
· Interactive Gambling (Player Protection) Act 1998 14
· Keno Act 1996 15
· Lotteries Act 1997.'. 16
4. Schedule 2, definition "gross revenue"-- 17
omit, insert-- 18
` "gross revenue", for an authority holder for a month, means-- 19
(a) if the authority holder has not entered into an ancillary wagering 20
agreement for part of the fixed odds wagering conducted under 21
the wagering authority--the total amount invested in the month, 22
less the total of the amounts paid in the month for direct winning 23
bets, for the wagering; or 24
(b) if the authority holder has entered into an ancillary wagering 25
agreement for part of the fixed odds wagering conducted under 26
the wagering authority--the sum of the following amounts-- 27
104
Charitable and Non-Profit Gaming
SCHEDULE 1 (continued)
(i) the amount equalling the total amount invested in the month, 1
less the total of the amounts paid in the month for direct 2
winning bets, for the wagering; 3
(ii) the amount payable under the agreement in the month to the 4
designated person by the other person (the "service 5
provider") who is a party to the agreement (ignoring any 6
amount payable by the designated person to the service 7
provider under the agreement).'. 8
9
105
Charitable and Non-Profit Gaming
SCHEDULE 2 1
¡
DICTIONARY 2
section 5 3
"accepted representation", for a show cause notice, see section 61. 4
"administrator" means a person appointed as an administrator under 5
section 65(3)(b)(iii). 6
"applicant" means an applicant for a general licence under this Act. 7
"application" means-- 8
(a) for part 3, division 4--an application for approval for an event for 9
a calcutta sweep; or 10
(b) for part 4, division 2--an application for the issue or renewal of a 11
general licence; or 12
(c) for part 5, division 9--an application for approval of regulated 13
general gaming equipment. 14
"approved audit program" means an audit program approved under 15
section 68(1). 16
"approved form" means a form approved under section 185. 17
"art union" see section 6. 18
"association" see section 7. 19
"benefit" includes property, advantage, service, entertainment, the use of or 20
access to property or facilities, and anything of benefit to a person 21
whether or not it has any inherent or tangible value, purpose or 22
attribute. 23
"bingo" see section 8. 24
"bingo centre licence" means a licence issued under section 36(a). 25
"bingo session" means the period in which the number of bingo games for 26
the session, decided by the person conducting the session, are played. 27
106
Charitable and Non-Profit Gaming
SCHEDULE 2 (continued)
"business associate", of an applicant for a general licence, means a person 1
who the chief executive reasonably believes-- 2
(a) is associated with the ownership or management of the 3
applicant's operations; or 4
(b) will, if a general licence is issued to the applicant, be associated 5
with the ownership or management of the general licensee's 6
operations under the licence. 7
"calcutta sweep" see section 9. 8
"category 1 game" see section 14. 9
"category 1 gaming operations" means operations for conducting a 10
category 1 game. 11
"category 2 game" see section 15. 12
"category 2 gaming operations" means operations for conducting a 13
category 2 game. 14
"category 3 game" see section 16. 15
"category 3 gaming licence" means a license issued under section 36(b). 16
"category 3 gaming operations" means operations for conducting a 17
category 3 game. 18
"category 4 game" see section 17. 19
"category 4 gaming operations" means operations for conducting a 20
category 4 game. 21
"commercial gain" means profit derived in business. 22
"conduct" includes promote, organise, manage, control and operate. 23
"criminal history", of a person, means the person's criminal history within 24
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 25
1986, and-- 26
(a) despite section 6 of that Act, includes a conviction of the person to 27
which the section applies; and 28
(b) despite section 5 of that Act, includes a charge made against the 29
person for an offence. 30
107
Charitable and Non-Profit Gaming
SCHEDULE 2 (continued)
"decision maker" see section 176(1)(b). 1
"detriment" includes-- 2
(a) personal injury or prejudice to safety; and 3
(b) property damage or loss; and 4
(c) intimidation or harassment; and 5
(d) adverse discrimination, disadvantage or adverse treatment about 6
career, profession, employment, trade or business; and 7
(e) threats of detriment; and 8
(f) financial loss from detriment. 9
"eligible association" see section 10. 10
"executive associate", of an applicant for a general licence, means an 11
executive officer of a corporation, partner or trustee, or another person 12
stated by the chief executive whom the chief executive reasonably 13
believes-- 14
(a) is associated with the ownership or management of the 15
applicant's operations; or 16
(b) will, if a licence is issued to the applicant, be associated with the 17
ownership or management of the general licensee's operations 18
under the licence. 19
"executive officer", of a corporation, means a person who is concerned 20
with, or takes part in, the corporation's management, whether or not 21
the person is a director or the person's position is given the name of 22
executive officer. 23
"game" see section 11. 24
"gaming Act" means any of the following Acts-- 25
· Casino Control Act 1982 26
· Gaming Machine Act 1991 27
· Interactive Gambling (Player Protection) Act 1998 28
· Keno Act 1996 29
108
Charitable and Non-Profit Gaming
SCHEDULE 2 (continued)
· Lotteries Act 1997 1
· Wagering Act 1998. 2
"Gaming Commission" means the Queensland Gaming Commission 3
established under the Gaming Machine Act 1991, section 10. 4
"general gaming" means the playing of a game. 5
"general gaming equipment" means a machine or other device (whether 6
electronic, electrical or mechanical), computer software, or another 7
thing, used, or suitable for use, in the conduct of a game. 8
"general gaming official" means-- 9
(a) an inspector; or 10
(b) an officer of the department. 11
"general gaming operations" means category 1, 2, 3 or 4 gaming 12
operations. 13
"general gaming place" means a place used for-- 14
(a) conducting games, or parts of games; or 15
(b) a purpose related to conducting games; or 16
(c) printing lucky envelopes. 17
"general gaming records" see sections 74(1), 75(1) and 76(1). 18
"general licence" means a licence issued under this Act. 19
"general licensee", for a general licence, means the person named in it as 20
the person to whom it is issued. 21
"give", for a ticket, includes allot electronically. 22
"gross proceeds", of a game, means the total value of tickets sold in the 23
game. 24
"information notice", for a decision of the chief executive or an inspector, 25
is a notice stating-- 26
(a) the decision; and 27
(b) the reasons for the decision; and 28
109
Charitable and Non-Profit Gaming
SCHEDULE 2 (continued)
(c) that the person to whom the notice is given may appeal against the 1
decision to the Gaming Commission within 28 days after the 2
notice is given; and 3
(d) how to start the appeal. 4
"inspector" means a person who is an inspector for this Act. 5
"issued" includes given. 6
"lucky envelope printer licence" means a licence issued under 7
section 36(c). 8
"lucky envelopes" see section 12. 9
"lucky envelope vending machine" means a machine from which a 10
person is given a ticket for lucky envelopes. 11
"management committee", for an association, see section 10(2)(b). 12
"management member", of an unincorporated association, means-- 13
(a) if the association has a management committee--each member of 14
the management committee; or 15
(b) otherwise--each member who is concerned with, or takes part in, 16
the association's management, whatever name is given to the 17
member's position in the association. 18
"notice" means written notice. 19
"person" includes an unincorporated association. 20
"personal gain", for an individual, does not include an amount paid to the 21
individual as an employee of, or paid fundraiser for, a person 22
authorised to conduct a game. 23
"play", a game, means participate in the game. 24
"promotional game" see section 13. 25
"reasonably believes" means believes on grounds that are reasonable in all 26
the circumstances. 27
"reasonably suspects" means suspects on grounds that are reasonable in 28
all the circumstances. 29
110
Charitable and Non-Profit Gaming
SCHEDULE 2 (continued)
"regulated general gaming equipment" means-- 1
(a) a lucky envelope vending machine with a random number 2
generator; or 3
(b) other general gaming equipment prescribed under a regulation. 4
"rule" means a rule made under section 72. 5
"show cause notice" see section 59(2). 6
"show cause period" see section 59(2). 7
"special category 3 gaming licence" means a licence issued under 8
section 36(d). 9
"stop direction" see section 138(1). 10
"stop notice" see section 138(1) and (2). 11
"suitable person" , in relation to a general licence, means a suitable person 12
as decided in the way provided under section 46 for the grant of the 13
licence. 14
"ticket", for a game, means a document or thing that evidences, or is 15
intended to evidence, a person's right to play the game. 16
17
© State of Queensland 1999
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