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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
INTERACTIVE GAMBLING
(PLAYER PROTECTION)
AMENDMENT BILL 1999
Queensland
INTERACTIVE GAMBLING (PLAYER
PROTECTION) AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 44 (Grounds for suspension or cancellation) . . . . . . . . . . . 4
4 Insertion of new ss 261A261C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
261A Cancellation of Gocorp's interactive gambling licence . . . . . . . . . . 4
261B Person not to profit from a transaction ending or lessening
a prohibited person's interest in Gocorp . . . . . . . . . . . . . . . . . . . . . . . 5
261C State immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 263 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1999
A BILL
FOR
An Act to amend the Interactive Gambling (Player Protection) Act 1998
s1 4 s4
Interactive Gambling (Player Protection)
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Interactive Gambling (Player Protection) 3
Amendment Act 1999. 4
amended 5
Act
Clause 2. This Act amends the Interactive Gambling (Player Protection) Act 6
1998. 7
of s 44 (Grounds for suspension or cancellation) 8
Amendment
Clause 3. Section 44(1)-- 9
insert-- 10
`(ba)a business or executive associate of the licensed provider is a 11
person whom the provider is required to ensure is not a business 12
or executive associate under a regulation under 13
section 263(4)(b);'. 14
of new ss 261A261C 15
Insertion
Clause 4. After section 261-- 16
insert-- 17
of Gocorp's interactive gambling licence 18
`Cancellation
`261A.(1) Gocorp's interactive gambling licence is cancelled on the due 19
day unless, before the due day-- 20
(a) Gocorp satisfies the chief executive of all of the following-- 21
(i) neither Navari nor Topki has a beneficial interest (whether 22
direct or indirect) in Gocorp; 23
(ii) neither Navari nor Topki is a business or executive associate 24
s4 5 s4
Interactive Gambling (Player Protection)
Amendment
of Gocorp; 1
(iii) there is no disqualified person with a beneficial interest 2
(whether direct or indirect) in Gocorp; 3
(iv) there is no disqualified person who is a business or executive 4
associate of Gocorp; and 5
(b) the chief executive, by gazette notice, declares that, having regard 6
to representations made by Gocorp for the purposes of 7
paragraph (a), the chief executive is satisfied of the matters 8
mentioned in paragraph (a)(i) to (iv). 9
`(2) In this section-- 10
"due day" means the day that is 30 days after the commencement of this 11
section. 12
"Gocorp" means GOCORP Limited (ACN 083 201 923). 13
"Navari" means Navari Pty Ltd (ACN 063 913 020). 14
"Topki" means Topki Holdings Pty Ltd (ACN 003 726 841). 15
not to profit from a transaction ending or lessening a 16
`Person
prohibited person's interest in Gocorp 17
`261B.(1) This section applies if-- 18
(a) before the due day as defined under section 261A, a person (the 19
"first person") disposes of an interest; and 20
(b) because of the disposal, a prohibited person-- 21
(i) no longer has a beneficial interest in Gocorp; or 22
(ii) has less of a beneficial interest in Gocorp than the prohibited 23
person had before the disposal; and 24
(c) the consideration received for the interest disposed of is more than 25
the consideration given by the first person in acquiring the 26
interest. 27
28
Examples--
29
1. A disqualified person has shares in ABC Pty Ltd, which has shares in Gocorp.
30
Before the due day, the person sells all or some of the person's shares in ABC Pty
s5 6 s5
Interactive Gambling (Player Protection)
Amendment
1
Ltd for more than the person originally paid for them.
2
2. A disqualified person has shares in ABC Pty Ltd, which has shares in Gocorp.
3
Before the due day, ABC Pty Ltd sells all or some of its shares in Gocorp for more
4
than ABC Pty Ltd originally paid for them.
`(2) The amount of the difference between the consideration received for 5
the interest disposed of and the consideration given by the first person in 6
acquiring the interest is forfeited from the first person to the State. 7
`(3) If the consideration received or given consists wholly or partly of 8
something other than money, a reference in subsection (1) or (2) to the 9
consideration is a reference to the monetary value of the consideration. 10
`(4) If the first person is a corporation, the first person and its directors 11
are jointly and severally liable for an amount forfeited to the State under 12
subsection (2). 13
`(5) The chief executive may, by written notice given to a person, require 14
the person to give the chief executive, within the reasonable time stated in 15
the notice (but not less than 14 days), information or a document that is 16
necessary and reasonable to help the chief executive decide what amount, if 17
any, is forfeited to the State under subsection (2). 18
`(6) A person must comply with a requirement made under 19
subsection (5). 20
Maximum penalty--200 penalty units. 21
`(7) The chief executive may recover an amount forfeited under 22
subsection (2) as a debt payable to the State. 23
`(8) This section applies to a disposal mentioned in subsection (1)-- 24
(a) whether the disposal happened before or after the commencement 25
of this section; and 26
(b) whether the consideration was received before or after the 27
commencement of this section or will be received at any future 28
time. 29
`(9) This section has effect despite anything in the Corporations Law. 30
`(10) In this section-- 31
"Gocorp" means GOCORP Limited (ACN 083 201 923). 32
s5 7 s5
Interactive Gambling (Player Protection)
Amendment
"prohibited person" means Navari Pty Ltd (ACN 063 913 020), Topki 1
Holdings Pty Ltd (ACN 003 726 841) or a disqualified person. 2
immunity 3
`State
`261C.(1) The State is not civilly liable because of section 261A or 261B 4
or anything done, or omitted to be done, for the purposes of those sections. 5
`(2) In this section-- 6
"State" includes an employee or agent of the State and a Minister.'. 7
of s 263 (Regulation-making power) 8
Amendment
Clause 5. Section 263-- 9
insert-- 10
`(2) A regulation may impose a penalty of not more than 20 penalty units 11
for a contravention of the regulation. 12
`(3) Subsection (2) does not limit any forfeiture under a regulation. 13
`(4) A regulation may-- 14
(a) prohibit a disqualified person from having, or otherwise limit the 15
extent to which a disqualified person may have, a beneficial 16
interest in a licensed corporation; or 17
(b) require a licensed corporation to ensure that a disqualified person 18
is not a business or executive associate of the corporation; or 19
(c) prohibit a disqualified person from holding an interactive 20
gambling licence or key person licence. 21
`(5) A regulation under subsection (4)(a) may also provide for any of the 22
following-- 23
(a) stating the disqualified persons to whom the regulation applies; 24
(b) stating when a disqualified person is taken to have a beneficial 25
interest in a licensed corporation; 26
(c) requiring a disqualified person to dispose of a non-complying 27
interest, or otherwise ensure that the person ceases to have a 28
s5 8 s5
Interactive Gambling (Player Protection)
Amendment
noncomplying interest, within a stated time; 1
(d) if a person does not comply with a requirement under 2
paragraph (c)-- 3
(i) if the non-complying interest consists of a shareholding or 4
other property--forfeiting the non-complying interest to the 5
State or another person; or 6
(ii) if the non-complying interest consists of being a director of a 7
corporation or holding another office--declaring that the 8
person stops being a director of the corporation or stops 9
holding the office, or is disqualified from again becoming a 10
director of the corporation or holding the office; 11
(e) providing for the sale by the State or another person of an interest 12
forfeited to the State or other person and application of the 13
proceeds; 14
(f) limiting the value of the consideration received for an interest on 15
making a compliance disposal of the interest; 16
(g) if the consideration received for an interest on making a 17
compliance disposal of the interest is more than the limit under 18
paragraph (f), forfeiting the excess amount; 19
(h) requiring a person to give to the chief executive information or a 20
document that is necessary and reasonable to help the chief 21
executive decide a matter for the purposes of the regulation, 22
including-- 23
(i) whether a person is a disqualified person; and 24
(ii) whether an interest is a beneficial interest in a licensed 25
corporation; and 26
(iii) whether an interest is a non-complying interest; and 27
(iv) what amount, if any, is liable to be forfeited under the 28
regulation. 29
`(6) A regulation under subsection (4) has effect despite anything in the 30
Corporations Law. 31
`(7) The State is not civilly liable because of a regulation made under 32
s6 9 s6
Interactive Gambling (Player Protection)
Amendment
subsection (4) or anything done, or omitted to be done, for the purposes of 1
the regulation. 2
`(8) A regulation may be made in aid of section 261A or 261B, including 3
a regulation under subsection (4). 4
`(9) In this section-- 5
"compliance disposal", of an interest, means the disposal of the interest, as 6
a result of which a disqualified person-- 7
(a) no longer has a beneficial interest in a licensed corporation; or 8
(b) has less of a beneficial interest in a licensed corporation than the 9
person had before the disposal. 10
"non-complying interest" means a beneficial interest in a licensed 11
corporation to the extent to which the interest is held by a person in 12
contravention of a regulation under subsection (4)(a). 13
"State" includes an employee or agent of the State and a Minister.'. 14
of sch 3 (Dictionary) 15
Amendment
Clause 6. Schedule 3-- 16
insert-- 17
` "consideration received", for an interest, includes anything received, or 18
to be received, for the interest under a contract, arrangement or 19
understanding. 20
"disqualified person" means any of the following persons-- 21
(a) a member of the Legislative Assembly; 22
(b) a spouse or child of a member of the Legislative Assembly; 23
(c) a staff member of a member of the Legislative Assembly; 24
(d) a councillor of a local government; 25
(e) a spouse or child of a councillor of a local government; 26
(f) a person, whether or not of a similar class to a person mentioned 27
in paragraph (a) to (e), prescribed under a regulation. 28
"licensed corporation" means a corporation that holds an interactive 29
s6 10 s6
Interactive Gambling (Player Protection)
Amendment
gambling licence. 1
"spouse" includes a de facto spouse. 2
"staff member", of a member of the Legislative Assembly, means a 3
person employed or otherwise engaged by the member for the purpose 4
of the member's electoral or Ministerial functions.'. 5
© State of Queensland 1999
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